HomeMy WebLinkAboutSidewalk Cafe - South Bend Brew WerksI316 COUNTY -CITY BUILDING
227 W. JLFFERSON BOULEVARD
Sou'rE9 BEaNI). INIDIA.NA46601-1830
CITY OF SOUTH BEND B !F PUBLIC WORKS I
February 27, 2018
Steve Lowe
South Bend Brew Werks
216 S. Michigan St.
South Bend, IN 46601
RF: Sidewalk Cafe — South Bend Brew Werks
Dear Mr. Lowe:
P14ONE 574/ 235-9251
FAX 574✓ 235 9171
At its meeting field on February 27, 2018, the Board of Public Works approved the application for a.
Sidewalk Cafe Permit outside your establishment at 21.6 S. Michigan St. on Monday to Thursday,
12:00 p.m. to 10:00 p.m., Friday to Saturday, 12:00 p.m. to 12:00 a.m., and Sunday, 11:00 a.m. to
6:00 p.m., subject to ensuring that all electrical. cords in the proximity of the dining area remain
hazard -free, and the set -rip meets the A:DA requirements for a clear sidewalk and five feet of usable
sidewalk for pedestrians. Engineering requests any trip hazards be kept out of the walkway for°
pedestrians.
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
cafe permit is only good between April 1 and October 31, 2018. Also, please be aware that a Sidewalk
Cafe 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.
Si icerely,
Emda M. Martin, Clerk
Enclosure
c: Matt Longfellow, Engineering
Toy Villa, Engineering
Gene Eyster, police Department
GAIrY A. GILOT SUZAr� NA M. FR[lZBr.i U ^.IAZ,A131:nI A. P4 ARADI JAt C�'s,A. MUELLER TjIEiItI'sE, �. 1�i)R a[.J
INTER -OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT; 1/30/2018
TO:
r�CMatt Longfellow, Engineering Department
Federico Rodriguez, Fire Department
/\Jill Sciccitano, Downtown South Bend
arry Magliozzi, Area Plan
Angela Smith, Area Plan
..kJames Burns, Police Department
FROM:
Linda M. Martin, Clerk--r"
SUBJECT:
SIDEWALK CAFE RECOMMENDATION -South Bend Brew
Werks
LOCATION:
216 S. Michigan St
DATE DUE:
February 6, 2018
FAX OR E-MAIL TO:
235-9171 1 Imartin@southbendin.gov _
RECOMMENDATIONS AND COMMENTS:
By Date
AGREEMENT FOR TEMPORARY USE OF
THE PUBLIC SIDEWALK FOR A SIDEWALK CAFf, PEACE
This Agreement is entered into this 27th day of Feb , 20 18, by a 1865
City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, �,uy )''a"no
(hereinafter, "Permittec").
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 Perrnittee's business at:
Business Name
Address
City, State, Zip
WHEREAS, the site for the proposed sidewalk caf6 has been reviewed by the City's
Board of Public Works, and it has been determined that allowing Peri-nittee 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 caf6; and
WHEREAS, the City has determined that operation of a sidewalk caf& 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: )—,/ 6 �. M i (,k° J� -
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 caf6 in front of the above
referred to address during the hours of:
.Days/Hours of Sidewalk Cate' L5
Operation: M-1V 12-Lon &C /Z . //" P I tA 4f n
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 caf6 between April I and October
31" of any year.
Updated 05/2017 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
Permittec'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 teen 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 05/2017
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 tl:is forin,
upon signed authorization by the Board o f Public Works.
IN WITNESS WHEREOF, this Agreement was executed on the date first written above.
Date:
Permittee Signature:
Name:
c'Sieve Lone
Title: OWw/ erever - SOVA " 04rk
BOARD OF PU LIC WORKS APPROVAL
AIU�
President Member
Member Member
Updated 05/2017 4
OA ' )11711,
011'
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IV
APPLICATION FOR SIDEWALK CAFft PERMIT
CITY OF SOUTH BEND, INDIANA
DATE FEE PAID [:1 $
Applicant's Legal Narne
Business Name
?A
1o..Al
Address 2- 14 S. M
Tcicphonc Number '9-71 - CISS%
Proposed Location and Description of Sidewalk Caf6
Title 6
Days of Sidewalk Caf6 Operation
Hours of Sidewalk Cafi6 Operation
Still
Moll
Tues
Wed
Thurs
Fri
Sat
/-Z ot
14A,
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 plicernent/diniciisions of proposed.
caf6
3. Completed/signed Agreement
4. Certificate of Insurance ($1,000,000/00CUrance and $300,000/person, naming the City of South Bend
as additional insured)
AFFIRMATION
1, tile 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 caf& as permitted herein. I do hereby certify and affirm that all the information given in this application is
true to the best of my knowledge,
Date Signa'i'tiroo Applicant
'4e7r1e' Loof-
C.
Printed Name
0 wt4 r 1"goe
Titic
BOARD OF PU I , WORKS APPROVAL
President Member 2-eni6e'r V
Member
Member
RETURN FORM TO:
Board of Public Works
1316 Comity -City Buildfilg
227 West Jefferson Boolovard
Soulli Bend, IN 46601
Phone: (574) 235-9251 e Fax: (574) 235-9171
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