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HomeMy WebLinkAboutSidewalk Cafe - Vegetable Buddies, Inc.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 28, 2017 Jeffrey Harrison Vegetable Buddies, Inc. 129 N Michigan St. South Bend, IN 46601 RE: Sidewalk Cafe — Vegetable Buddies, Inc. Dear Mr. Harrison: PHONE 574/235-9251 FAX 574/ 235-9171 At its meeting held on March 28, 2017, the Board of Public Works approved the application for a Sidewalk Cafe Permit outside your establishment at 129 N Michigan Street on Wednesday through Thursday, between the hours of 4:00 p.m. to 12:00 a.m. and Friday to Saturday between the hours of 4:00 p.m. to 2:00 a.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and subject to meeting ADA requirements. This permit is for the set-up of the cafe only; the regulations for the serving of food and alcohol are outside the Board's authority and will need to be followed. Enclosed please find a copy of the Agreement for your records. Please be reminded that the sidewalk caf6 permit is only good between April 1 and October 31, 2017. Also, please be aware that a Sidewalk C66 Application and the Agreement must be applied for annually. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAN ES A. MUELLER THERESE J. DORAU INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/10/2017 TO: ,Matt Longfellow, Engineering Department ederico Rodriguez, Fire Department Jill Sciccitano, Downtown South Bend ills@downtown south bend.com) harles Bulot, Building Department yoka Paek, Building Department -'James Burns, Police Department FROM: Linda M. Martin, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION LOCATION: Vegetable Buddies, Inc. DATE DUE: 03/21/17 FAX OR E-MAIL TO: 235-9171 / Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE FEE PAID Applicant's Legal Name ) '(jrf 1Ze Y ' I n nn I t�ry Title 4 64 ve1 wte Business Name VPLeL gl'e.CJP00ItP 9 q 5 �NI� Address l q 11/ Mt`a 'ta1v iT loy;r<, 6?,�I J . I•'y' iwml Telephone Number Proposed Location and I N p4,04T " 81/1%r1/1 Days of Sidewalk C66 Operation Hours of Sidewalk Caf6 Operation Sun Mon Toes Wed Thurs Fri Sat N_ tI- (� j�- A4A1 y _ X 4q+ The following information is REQUIRED for completion of a Sidewalk Caf6 Application: I. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dimensions of proposed caf6 3. Completed/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/person, naming the City of South Bend as additional insured) AFFIRMATION I, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk caf6 as permitted herein. I do hereby certify and affum that all the information given in this application is true to the best of my knowledge. Date Sign 4f App ' ant -f 1, L/ Printed Name CEO Title BOARD OF P LIC WORKS APPROVAL President Member Member Olga- 'I / do(7 Member Member Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 • E-Mail: publicwks@southbendin.gov WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk cafe in front of Permittee's business at: Business Name Address City, State, Zip WHEREAS, the site for the proposed sidewalk cafe has been reviewed by the City's Board of Public Works, and it has been determined that allowing Permittee to utilize a portion of the public sidewalk at that location will not interfere with pedestrian traffic along the sidewalk; and WHEREAS, the City has reviewed the Petitioner's application, along with the drawing, descriptions, and or information sufficient to enable the City to determine that the proposed sidewalk cafe will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk Cafe; and WHEREAS, the City has determined that operation of a sidewalk cafe at the location proposed will not be detrimental to the health, safety, or general welfare of the public. NOW, THEREFORE, consideration of the mutual covenants herein contained, it is agreed by the parties hereto as follows: 1) Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittee a permit to use a portion of the public sidewalk at the following location (attach a drawing): Address: I'm /l, /VI "(ti, G41' ST - 0004 -W0 /i,- �1i6�1 2) The permit granted herein is for the sole purpose of permitting the temporary use of a portion of the public sidewalk for the operation of a sidewalk cafe in front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe Operation: �V/tjt /hG�k'S �J.t90piri �1�'7�q'h FR'+S�9T yr`rJ✓PM �,'O�fln) 3) The term of the permit shall be for one year from the date of issuance, provided, however, that Permittee shall only operate the sidewalk cafe between April 1 and October 31` of any year. Updated 6/25/2012 2 4) Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as required by 18-15 of the Municipal Code. 5) The permit granted herein shall be for the use of only the area described above, which area is located in front of Permittee's business establishment. Nothing contained herein shall permit Permittee to operate a sidewalk cafe in front of any other business other than Permittee's. 6) The placement of the sidewalk cafe shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk cafe to the area described above, and shall place a portable chain, rope, lattice, or similar barrier along the perimeter of the described area in order to separate it from the remaining sidewalk area. 8) Permittee has received approval of the City for the furniture, the perimeter barrier, and other items to be used in the operation of the sidewalk cafe, including the design and placement of such items. Permittee shall not change or vary such items in their design or placement. 9) Permittee shall remove all furniture, the perimeter barrier and any other items used in the operation of the sidewalk cafe from the public sidewalk at the end of each business day. 10) Permittee agrees to maintain the area encompassed in this Agreement and adjoining public sidewalk area in a clean and sanitary condition, free from litter and debris generated by the use of the sidewalk for restaurant purposes. 11) If required by the City, Permittee shall provide and maintain a closed trash container as part of its sidewalk cafe operation. Such closed container shall be of a type and shall be placed as determined by the City. 12) Permittee shall not affix any items to the public sidewalk or use the area permitted herein in such a way that the public sidewalk is damaged. 13) Permittee shall indemnify, defend and save harmless the City from any and all damage, injuries, losses, claims, demands or costs of any kind resulting from or arising out of the use of public sidewalk by Permittee for a sidewalk cafe. 14) Permittee shall provide and maintain during the term of this permit policy of public liability insurance, with coverage not less than $300,000 per person and $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. Updated 6/25/2012 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification of approvalldenial of this request will be issued by return: of this form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: Permittee Signature: n ! !! Name: U I I / t Title: BOARD OF PUBLIC' WORKS APPROVAL ` n President Member Member Member Member Date Updated 6/25/2012 4 _f q _11 Illinois BUSINESSOWNERS LIABILITY Casualty SL AI 04 0914 Company A Mutual Insurance Company POLICY NUMBER: BP38698 EFFECTIVE DATE FOR THIS ENDORSEMENT: June 9, 2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISIONS OR POLITICAL SUBDIVISIONS - PERMITS OR AUTHORIZATIONS RELATING TO PREMISES This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of South Bend - Board of Public Works 227 West Jefferson 1316 County City Building South Bend, IN 46601 A. The following is added to Section C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any state or governmental agency or subdivision or political subdivision designated in the Schedule of this endorsement is also an insured, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with "premises° you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist -away openings, sidewalk vaults, street banners, or decoration and similar exposures; b. The construction, erection, or removal of elevators; or c. The ownership, maintenance, or use of any elevators covered by this insurance. B. The following is added to Section D. Liability, Medical Expenses And Merchandise Withdrawal Expenses Limits Of Insurance: 9, The Limits Of Insurance for the person or organization designated in the Schedule of this endorsement are those specified in the ordinance, contract or agreement with you, if applicable, or in this Coverage Form, whichever is less. These Limits Of Insurance are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. BL At 04 09 14 Original Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. SUSINESSOWNERS LIABILITY 51. At 04 0914 OTHER TERMS All other terms of your policy remain the same. Countersigned by: ILLINOIS CASUALTY COMPANY 225 20th Street, PO Box 5018 Rock Island, IL 61204-5018 32 Arron Sutherland IMPORTANT— ATTACH THIS ENDORSEMENT TO YOUR POLICY RLAI 04 09 14 Original Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Illinois BUSINESSOWNERS Casualty POLICY DECLARATIONS Company A Mutual insurance Company Be DEC IC 01 10 225 20a Street, Rock Island, IL 61201 • (309) 793-1700 ♦ (8001 445.3720 • Fax: (309) 793.1707 • www.ilcasco.com These Declarations, together with the Common Policy Conditions, the Coverage Forms and any applicable endorsements attached thereto, complete the below numbered policy: NO. BP38698 Name and Mailing Address of Named Insured: Name and Mailing Address of Agent/Producer: Vegetable Buddies Inc DBA Vegetable Buddies PO Box 1202 South Bend, IN 46624 08030 Randy Leliaert Agency, Inc. 410 Lincolnway West Osceola, IN 46561 (574)674-0016 POLICY PERIOD From: 04126.12016 12:01 AM To: 04/2612017 12:01 AM Standard Time at your mailing address shown above IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. DESCRIPTION OF BUSINESS Form of Business of the Named Insured: []Individual Partnership El Joint Venture Limited Liability Company Trust © club Ej Organization (Any other) Business Description: Restaurant DESCRIBED PREMISES Prem. No. Physical Location 1 129 N Michigan St South Bend, IN 46601 PROPERTY DEDUCTIBLES Property Deductible: $1,000 Optional CoverageslFxterior Building Glass Deductible: $1,000 BP DEC IC 0110 Original Page 1 of 3 NO. BP38698 BUSINESSOWNERS POLICY BP DEC IC 01 10 Prom. No. 1 Physical Location: 129 N Michigan St, South Bend, IN 46601 Automatic Bldg.101her Increase Prom. No. Structures No. Property Coverage Limits Of insurance Valuation Provision Bldg. Limit (Percent) 1 1 Buildings - Contractual Responsibility to Insure $1,000,000 Replacement Cost 2 1 1 Your Business Personal Property $100,000 Replacement Cost w 0 rc o. In of 1 All Food Contamination $10,000 1 All Additional Advertising Expense $3,000 a1 All Outdoor SignslAwningsR'ents $12,000 O 1 All Spoilage $6,000 i All Utility Services - Time Element $70,000 e. O K o. Property Options include Additional Coverages, Coverage Extensions And Optional Coverages - If a Limit Of Insurance is provided in the Coverage Form, the Limit Of Insurance is amended per above for the coverage(s) shown above. - If a Limit Of Insurance is not provided in the Coverage Form, coverage is added for items for which a Limit Of Insurance is shown above. - If the Limit Of Insurance is shown as per policy, the Limit Of Insurance applies for all premises on a policy basis and does not apply on a per premises basis. BP DEC IC 01 10 Original Page 2 of 3 NO. BP38698 BUSINESSOWNERS POLICY BP DEC IC 01 10 LIABILITY AND MEDICAL EXPENSES Please refer to Section C of the Businessowners Liability Coverage Form. Limit Of Insurance General Aggregate $2,000,000 Products - Completed Operations Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage To Premises Rented To You $100,000 Medical Expense $2,000 FORMS AND ENDORSEMENTS FORMS AND ENDORSEMENTS MADE PART OF THIS POLICY AT TIME OF ISSUANCE OF THESE DECLARATIONS: PREMIUM Number Edition Name BOCC01 0914 Businessowners Common Policy Conditions Included BOIN01 0914 Indiana Changes Included BPCF01 1215 Businessowners Property Coverage Foam Included BPTD01 0115 Disclosure Pursuant To Terrorism Risk Insurance Act Included BLAI17 0914 Additional Insured -As Required In Written Agreement With You Or By Ordinance Included BPEC01 1215 VIP Broadened Property Included BPLT02 0115 Limited Terrorism Coverage Included BPLT01 0914 Protective Safeguards Included BLCFOi r1215 Businessowners Liability Coverage Form Included BLTD01 0116 Disclosure Pursuant To Terrorism Risk Insurance Act Included BLLT02 0115 Limited Terrorism Coverage Included BLEX08 0115 Exclusion Of Punitive Damages Related To A "Certified Act Of Terrorism" Included BLEC06 1215 Cyber Protection Included TOTAL ADVANCE PREMIUM $8,370 MINIMUM PREMIUM: $760 ADDITIONAL AMOUNT DUE $17 Declarations Effecllve: Countersigned at Rock Island, Illinois Monday, April 25, 2016 this 22nd day of June, 2016 Prem. No. 1, Bldg. / Other Structures No. 1, Buildings - Contractual Responsibility to Insure Limits of Insurance is amended from $982,500 to $1,000,000, Prom. No. 1, Bldg. No. 1, Building valuation is amended from ACV to RC. ex.,- (Authorized Signature) Endorsement # 2 BP DEC IC 01 10 Original Page 3 of 3