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Home My WebLink AboutSidewalk Cafe - Frank's Placer ,,!_-TFV-; INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS � DATE SENT: TO: +�Cllatt Longfellow, Engineering Department Federico Rodriguez, Fire Department �iS iccitano, Downtown South Bend i Is@downtownsouthbend.com) Clj.a-rles Bulot, Building Department yc�ka Paek, Building Department v ames Burns, Police De artment FROM: Linda M. Martin, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION LOCATION: DATE DUE: FAX OR E-MAIL TO: Frank's Place May 2, 2017 236-9171 1 Imartin(c-southbend in.gov RECOMMENDATIONS AND COMMENTS: By Date 412612017 COO 732,o 9 AGREEMENT FOR TEMPORARY USE OF s THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE apt r PEACFI This Agreement is entered into this day of 11 20 > by a �sss x= :.,_- City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, miry a.nti 1�'ra-.,r--s Plata' (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf6 in front of Permittee's business at: Business Naine Address City, State, Zip WHEREAS, the site for the proposed sidewalk cafd 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 caf6 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 VV - I"'! I7 F4 0 Al SSdU-[� eJ, JW 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 nl�� Cam. �a 1'l2�t Operation: J "( 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 I and October 3 Is' 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 Pennittee'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 caf6, 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 caf6 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 Pennittee for a sidewalk caf6. 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 caf6 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 execute "h date first written above. Date: Permittee Signature: ' Name: ? Title: BOARD OF PUBLIC WORKS APPROVAL A"kAw - 5 resided M ber Member AL AA 1 -7 Member""/ -"Member Date Updated 6/25/2012 4 .S �y, rincx � dy APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE D�r �� FI E PAID ❑ $ Applicant's Legal Name 1Gt Title We Business Narne Address 3 a-4 W, M A-?.1oAl s+. I So A._�'.>evul, Jtr Telephone Number • c7� Proposed Location and Description of Si lk Cafe f " rove � S i-ie W2 l 9waV/C'&4- 0 dcx2( ov► 1'l--xr �)A Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat 14 r t, i • Ii 1 I A I �1* -+� I (• AAI- 1 �1 t11�1 The following information is REQUIRED for completion of a Sidewalk Cafe Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafe 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 1, 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. 1 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 pu alks for a sidewalk cafe as permitted herein. I do hereby certify and affirm that all the inf o en in this ap lication is true to the best of my knowledge. Date Signatur Applicant *c Il4, ,J6 Printed Name 71e g��ey Title BOARD OF PUBLIC WORKS APPROVAL A� President '1�4 1 A f Member 1-, � Me ber Member Member ,540 C� r:Y�/ l 1 ......... __ Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West .Jefferson Boulevard South Bend, 1N 46601 Phone: (574) 235-9251 + Fax: (574) 235-9171 9 E-Mail: publicwks@southbendin.gov :iNi AI'Al"ll u[I Sl - Goggle Maps coinimaps�pla(:eI327,'i ��A �' I "B��Ot IN , 465011,',,��)41 681741.-86.255173 3a.75Y.V.6 42h,72 � V CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) 0410612017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemenl(s). PRODUCER Randy Lellaert Agency Inc 410 Lincoln Way W CAMEACT Michelle Harrell PHONE IFA No): 574 674 9582 o Iss INSURERS AFFORDING COVERAGE NAIC # INSURERA: Illinois Casualty Company Osceola IN 46661 ENSURED INSURER B : INSURER c: Illinois Casualty Company Frank's Place INSURERD: 327 W. Marlon St. INSURER E: INSURER✓=: South Bend 1N 46601 �n�Ir QAr��e, rt PTtFlC`ATF MI ]MR FIR' REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURPACE LISTED BELOW HAVE BtrN ISSUER TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAUDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE' TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SUBi1 WD POLICY NUMBER MM [31)YIYEYYY MIOs710 Y EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X BP38296 1/1/2017 1/1/2018 EACH OCCURRENCE $ 1,000,000 PAEASES E o TE gggano.ol $ MED EXP (Any one person)$ PERSONAL&AOVINJURY $ GEN'LAGGREGATE LIMIT APPLIESPER: POLICY ❑ jECT LCsC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-CRMPlOP AGG $ $ AUTOM08(LELIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTO B AUTOS (Eag V,ant, LE LIMIT Ea en! $ BODILY INJURY (Per person) $ BODILY INJURY (Per acdderlt) $ 7(,).P ride ,DAMAGE $ C UMBRELLA LMB EXCESS LIAB OCCUR CLAIM&MADE UL15829 1/1/2017 1/1/2018 EACH OCCURRENCE S 1,000,000 AGGREGATE $ DED I I RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNI:RlrXECUTIVE N OFFTCF-RIMEMBEREXCLUDE N (Mandatory In NH) Ryas descrlheunder DESCRIPTION OF OPERATIONS below NIA PER OTH- STA7 UTF EE,L.EACH ACCIDENT $ EL. DISEASE -EA EMPLOYE $ E,L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlortsl Rsmsrks Seliedulo, may be attached it more space Is requited) CERTIFICATE HOLDER IUIII CITY OF SOUTH BEND SHOULD ANY OF THE ABOVE DESCRIBEU POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE L- :1 O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD