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Encroachment - Horizon Awning LLC
INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: TO: -Hatt Longfellow, Division of Engineering )Federico Rodriguez, Fire Department Charles Bulot, Building Department Larry Magliozzi, Area Plan Commission (Chris Dressel, Community Investment �Ed Glecker, Traffic and Lighting FROM: Linda M. Martin, Clerk 12/11 /2017 ENCROACHMENT RECOMMENDATION -Bid SUBJECT: Michiana LOCATION: 3024 E Mishawaka Ave DATE DUE: December 19 2017 FAX OR E-MAIL TO: 235-9171 1 Imartin(a)-southbend in.gov RECOMMENDATIONS AND COMMENTS: By Date 1316 CouNi,Y-CrrY BUILUNG 227 W. JEFFERSON Bouu"VARD Sou II BEND. INI)JANA46601-1830 CITY OF SouTii BEND PETE Burrmiw, MAYC" BOARD OF PUBLIC WO. I December 21, 2017 Horizon Awning LLC 2227 E. HS Highway 12 Michigan City, IN 46360 RE: Encroaeffinent into Public Right -of -Way — 3024 E. Mishawaka Ave. Dear Ms. Markle: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on December 21, 2017, approved your request for the installation a fabric awning at 3024 E. Mishawaka Avenue. The Building Department stated a Building Permit will be required if this is just an awning being installed. If there is advertising on the awning, a Sign Permit will be required. This encroachment was approved subject to the improvements not becoming a safety hazard. Enclosed please find a copy of the permit. The encroachment will be permitted to remain and continue until such time as the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon. Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of that portion of the right-of-way. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk. Enclosure c: Jim Markle, Building Department GARY A. G 11,01' SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMEs A. MUELLER T11FRE'4E J, D()RAU 08 1712:23p P. 1 APPLICATION To ENCROACH ONTO PUBLIC RIG11717 Or. -WAY THE BOARD OF PUBLIC WORKS MUST HAVE FOUR (4) WEEKS PluopNOTIC.E PLANS AND SPECIFICATIONS MIDST BE ATTACHED Date- -7 Location of Encroachment: �096/ � Iq I Qy-Aco,4t_;4- 14LA� PROPERTY -OWNER'S INFORMATION 'R Business Name: Address: City/statclzip. /A/ 46Iz5_ Attach Photo of Site Signature Here Print Name: (Or See Attached Photo) INSTALLERS ITNFOR?4ATION Address: City/State/Zip: j C_ / L�g :0 /A/ Signature Print Nanau: Encroachment Description: P- r 29LO-1-22 /3 U .11, D 160'64 Size of CL Road to R. Line %30 Encroachmenu 4 Distance of R[W 0 Amount in R/W 2 The above information is to the best of my knowledge accurate and correct with regard to the encroachment in the City's right-of- way. Placed 13y: This Encroachment should not be relocated because It has been determined that this encroachment in no way impairs the highway or with the free and safe flow of traffic thereon, and it is recommended that the encroachment be permitted to remain. BOARD OF PUBLIC WORKS APPROVAL Z— Presider Me her Member /'ember Member RET-URN FORM TO: Board of Public Works 1316 Couay-City Building 227 West Jefferson Boulevard Soutb Bend, IN 46601 Phone: (574) 235-9251 * rax: (574) 235-9171 Date OA 08 17 12:40p, p,1 RE, VOCABLE PERMIT REcoGNrrION Or ENCROAC14MENT UPON CI-ry ()I;, S()1)TI1 BENi)-cONTROLLED U PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company Name: <,� -c— LL 41 Herein, "APPLICANT". The encroachment will be permitted to remain and continue tinder the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORXS (BOAIW) of the CITY OF SOUTH BEND (CITY) shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in ally way prejudice or preclude the CITY'S rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its pre -sent scope or dimensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void, 5) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) In consideration of the granting of this Pon -nit by the BOARD, APPLICANT shall indemnify, hold harmless and defend the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily iltjury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense caused by the sole negligence of the CITY. This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit. Submitted By: Signature: Date: 0 -7 BOARD OF PUBLIC WORKS APPROVAL PresidenV Member Mel—?ler —Member Member Date Updated 10117 Dec 08 1712:23p p.2 GATE {MMIDDrffnY ACOREP CERTIFICATE OF LIABILITY INSURANCE 12/1/2017 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 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 C NNT�"ACT Cat�terine Myers General Insurance Services PHONE (219)879-4581 No = FAx (219)873-7292 SIC_ Na. i_xt : IC 421 Franklin Street ADDMSs,cmyers@genins-com P.O. Box 416 INSURER@) AFFORDING COVERAGE NAIC4 Michigan City IN 46361 . tNSURERA:Sel.ective Insurance Ca of Sout 19259 INSURED HORIZON AWNING LLC 2227 E US HIGHWAY 12 MICHIGAN CITY IN 46360-2154 r-nVFRAGIFS CFRTIFICATF NLIMRFR-CL1751522136 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 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL7g i'yP8 OF ENSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD POLICY FRCP IY MMIDDYYY LIMITS }; COMMERCiALGENERALUAWLITY EACH OCCURRENCE $ 1,000,000 � AMAGE70 RENTED 500 OOD r A CLAIMSdk#ADE 4CCLtR S 1017177 5/22/2017 5/22/2018 MEAEXPIMyor person) $ 15,000 PERSONAL do ADV INJURY $ 1,000,000 GEH'LAGGREGATE LIh11TAPPLIESPER: GENERAL AGGREGATE IS 2,000,000 PRODUCTS- COIVIPIOp A6G $ 2,000,000 2 POLICY ❑ACT : r LOG I $ , r— OTHER: AUTOMOBILE LIABIUTY SINGLE LIMIT lE $ 1 DOD , 000 BODILY INJURY (Per person) $ ANY AUTO A AALLOWNED SCHDSULEO S 1817177 5/22/2017 5/22/2D1R BODILY INJURY (Per W4dW) $ AUT (Per a=identBAfRAGE- S HIRED AUTOS : AUTOSNON-OWNED i $ i I i i1MBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS UA13 CLAIMS -MADE I BED I RETENTIONS S WORKER$ 11O*PEN$A11ON { g ER OTH" STATUT R AND EMPLOYERS' LIABILITY YfN I INY PROPRIETORIPARTNERIEXECUTIVE E_L. FACFIACC{U_!=_NT 5 500000 E.L. DISEASE - FA EmpwyEq $ 500, DOO B OFFICERIMEMBER EXCLUOEM �i NIA IlMartdatory in NH) _ I WC 7974965 5/22/2017 5/22/2010 E-L. DISEASE - POLICYUMIT I S 500 D00 IF yes, desm-w. ruder DESCRIPTION OF OPERA-PONS below II DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional RomarNs Schedute, may be attaehod If more space Is requ€redl CERTIFICATE HOLDER CANCELLATION Board of Public Works 131.6 County-Ca.ty Building 227 W Jefferson Blvd South Bend, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 5E CANCELLED BEFORE THE LXPIRAiiON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORLZED REPRESENTATIVE K D. HenriCh, MBA, CP 01988-2014 ACORD CORPORATiON. All rights reserved. ACORD 25 (2014101) The ACORD name and log© are registered marks Of ACOR❑ Dec 06 17 09:46a p.2 Bid Michiana 3024 E Mishawaka Av South send, IN Front awning - faces E Mishawaka Ave. Covers existing overhang 68' width x 2'8" drop x 2' projection. Sidewaik to bottom of awning - 9'