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HomeMy WebLinkAboutSidewalk Cafe - Aloft South Bend:�l 7 41 [k C �� gz .., 1 "„vc - 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. 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. S) 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 (S) 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 thefurniture, 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 $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 6/25/2012 2 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Boardof Public Works; may revoke the perrl'rit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification of approvalldenial of this request will be issued by return of this form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: Permittee Signature: Name: Title: BOARD OF PUBLIC WORKS APPROVAL khalt�J,j T:A �. President Member Member <---, A 4 /0 �� OL-�26 (7 Member V Member Data Updated •6/25/2012 y �, Q IT, � Client#: 61560 AZULHOS ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM1ODNYYY) 912812017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ON] Risk Partners 1111 Chestnut Hills Parkway Port Wayne, IN 46814 CONTACT C NAME: one J. Messer PHONE 574-314-9190 Fax 866-893-463$ AlC, No Ext ; V: No ADORIess: COnnle.meSser@onlllSk.COm INSURER(S) AFFORDING COVERAGE NAIG #f ._.__............ INSURER A: Zurich Insurance Company Llmlte �....-.... INSURED INSURER B : The Continental Insurance Compa 35289 Azul Hospitality -Indianapolis, LLC Azul Hospitality -Services, LLC 800 W. Ivy St. Suite D San Diego, CA 92101 ---- INSURERc: -- INSURERD: INSURERE: F INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. I�TR TYPE OF INSURANCE P.Q JL INSR 5IJB WVD POLICY NUMBER POLICY EFF MMIDD POLICY !~XP MMlDDIYYYY LIMITS A X COMMERC$ALGENERAL LIA6ILITY CLAIMS -MADE OCCUR X _.......................__r- __—.. CP0106375700 9/15/2017 ._,__.. 09115/2018 .. EACH OCCURRENCE $1 000,V000 PREMISESOEa occccurrence $1 000 000 MED EXP (Any one person) $10 000 _ PERSONAL 8 ADV INJURY $1,000,000 GEN`L AGGREGATE LIMIT APPLIES PER: POLICY J1;COT LOG OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPlOPAGG $2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS WIRED AUTOS X NON -OWNED AUTOS CP0406375700 9/15/2017 09115/201 Ee acclde�tS€NGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ tg LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 6050530380 9115/2017 09/151201 EACH OCCURRENCE $50000 OOO AGGREGATE $50 000 000 DED X RETENTION $10000 WORKERS COMPENSATION AND EMPLOYERS` LIABILITY ANY PROPRIETORIPARTHERIEXECUTIVE Y 1 N OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A PER OTH- STA _,.. E _ _ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Commercial P GPOI06375700 0911512017 09/151201 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks schedule, may be attached If more space is required) the city of South Bend is additional insured to the general liability policy when required by written contract. Lac# 1 - 211 W. Washington Street; South Bend, IN Building # 1 Hotel I,CKl11-IUA I C YIULLJtK UANUh LLAI IUN City of South Bend 227 W. Jefferson Blvd Ste. 1316 South Bend, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C ACORD 25 (2014/01) 1 of 1 #S11577331M1157729 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CMESS I