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Home My WebLink AboutSidewalk Cafe - Linden GrillINTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS 6/5/2017 TO: W Longfellow, Engineering Department L,, .e co Rodriguez, Fire Department i I Sciccitano, Downtown South Bend (fills@downtownsouthbend.com) `C-karles Bulot, Building Department Ayoka Paek, Building Department mimes Burns, Police Department FROM: Linda M. Martin, Clerk` SUBJECT: SIDEWALK CAFE RECOMMENDATION -Linden Grill LOCATION: 119 S Michigan St DATE DUE: ,tune 06, 2017 FAX OR E-MAIL TO: 235-9171 1 Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date ! IL } " � 1' F �"�-!t "'Y — F -rah _ t- �a ��.a st :. ,.Y, 'r.:a T- T--QP T- 707677 , v d I& 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 311, of any year. 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 fromthe 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 Updated 6/25/2012 2 k 'W I` H I @a !;IllfR sF s�d +�,� r . i �a as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 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 approval/denial of this request will be issued by return of this fora; upon signed authorization by the Board of Public Works IN WITNESS WHEREOF, thisAgreement was executed on the date first written above. D ate: Permittee Si gnat Name: Title: OARD OF PUBLIC WORKSAPPROVAL President Me r Member Member Member 4 /"2 -/ /-)o l f D ate Updated 6/25/2012 3 TIMFFIV-nl ANNA ^� 1 ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MM1DDfYYYY)06/08/2017 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER Dan Berry Insurance Agency Inc. 54101 Ironwood Road South Bend, IN 46637 ACT :--_- PHONE Ex1): (574 255-6222 FAx 574 254-2630 ) ;ArgN°)`{ rE-MA- Ebusiness@dbimail.com ENSURER{S) AFFORDING COVERAGE NA€C # INSURER A: United States Liability Insurance Company 25895 INSURED INSURER B : 1NSURERC_- Times Five, LLC dba Linden Grill _ INSURER D : 119 S Michigan St South Bond, IN 46601 INSURER E :- INSURER F : rQVFRAfAFC C:FRTIFIC.ATF NI IMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BFLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 I ADDL SD SUER wVD POLICY NUMBER POLICY EFF M O❑ POLICY EXP LIMITS A. X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR CP2610650 03117r'2017 03I1712018 EACH OCCURRENCF 1,000,000 DAMAGE TO RENTED 5 S Ea occur a ce 1 QQ QQQ ' MED EXP (Any oneperson) 5,000 PERSONAL & ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [:] PER& LOCI X OTHER, liquor liab $1,000,000 GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTNOS AUTOS ONLY �. AUTO ONLDY Ea acc deCBIb L INGLE LIMIT $ BODILY INJURY fPerperson) BODILY INJURY Per accident $ PROPERTY DAMAGE Per acciJ $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE - AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFMCFWMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N f A PER OTH- ER —AUATUTE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ _ E.L. OISFASE - POLICY LIMIT DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) r Cr2TICl/`ATC Ur%l RCo r'.AIVC`FI I ATInNI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1 "4�1_ - I ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD m