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Home My WebLink AboutSidewalk Cafe - Lights of India1316 COUNTY-Cri Y 1301L,DING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTti BEND PETE BUTTIGIEG, MAYOR. BOARD OF PUBLIC WORKS April 10, 2018 Sandeep Duggal Lights of India 123 N. Michigan St. South Bend, IN 46601 RE: Sidewalk Caf6 —123 N. Michigan St. Dear Mr. Duggal: Piiow, 574/235-9251 FAX 574/ 235-9171 At its meeting held on April 10, 2018, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 123 N. Michigan St. on Sunday to Saturday, between the hours of 11:00 a.m. to 11:00 p.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is five (5) feet of usable sidewalk for pedestrians. This permit is for the set-up of the caf6 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 permit for your records. Please be reminded that the sidewalk caf6 permit is only good between April I and October 31, 2018. Also, please be aware that a Sidewalk Cafd Application and Permit must be applied for annually. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, A-t- Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. (311,01- SUZANNA M, FRITZBERG EuZABEITi A. MARADIK JAMEs A. NIIJELLH� TiIERESE J. DORAU Applicant's Legal Name G1��{� �1 CJ�O�� Title Business Name Address Telephone Number Proposed Location and Description of Sidewalk Cafd Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat 11- i ` ll -- I\ 1 k- �I t (Iv,�- Q y"` The following information is REQUIRED for completion of a Sidewalk Cafe Application: I. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafd 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. I further agree to indemnify, defend and hold han-iless 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 cafe 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. t2,� l� Date T� s Signature of A`ppliicaant ?--, , ,4 Printed Name Title ..,7,,,,BOARD OF PUBLIC WORKS APPROVAL _Q uk President Member etn ei emberNVinber Date j RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 . F= (574) 235-9171 4 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 3 1 " 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 Perrnittee's business establislunent. 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 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, flee 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 fiom 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 05/2017 2 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this �_ day of __3 20-V-3 , by a City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, (hereinafter, "Permittee") icy ana WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk cafe in front of Permittee's business at: Business Name Address City, State, Zip WHEREAS, the site for the proposed sidewalk cafe 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 cafe 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): /:rIfl 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 fi•ont of the above referred to address during the hours of- Days/Hours of Sidewalk Cafe t 1 Operation: \1 � � \\ OVJ\ Updated 05/2017 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) Not cation of approval/denial 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: 4 BOARD OF PUBLIC WORKS APPROVAL President Member einb r Member Me ber Date Updated 05/2017 r� Erie CERTIFICATE OF INSURANCE DATE ISSUED(MMIDDNY) 3/19/18 [ nsurance® -- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY — Home Office - 100 Erie Insurance Place - Erie, Pennsylvania 16530 • 814,870,2000 Toll free 1.800.458.0811 • Fax 814.870.3126 - wwrw.erieinsurance,com NAME AND ADDRESS OF AGENCY SALINAS INSURANCE AGENCY INC AGENT'S NO. COMPANY(IFS) AFFORDING COVERAGE 2938 S MAIN ST FF 1399 ERE P N ELKHART, IN 46517-2707 Co.: E Erie Indemnity Co., A#tame -iR-Fact Not Ain NY pplicable (574)970-0312 This certificate Is issued for information purposes only and confers NAME AND ADDRESS OF NAMED INSURED no rights on the certificate holder. It does not affirmatively or negatively amend, extend, or otherwise alter the terms, exclusions LIGHTS OF INDIA INC and conditions of insurance coverage contained In the policy(ies) 123 N MICHIGAN ST indicated below. The terms and conditions of the policy(les) govern the insurance coverage as applied to any given situation. Limits SOUTH BEND, IN 46601-1603 shown may have been reduced by claims, paid. This certificate of insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer and the UU LTRI TYPE OFJNSURANCE POLICY NUMBER rr r "MUM LIMITS E ❑ GENERAL LIABILITY Q97 1694370 10/20/17 10/20/I8 EACH OCCURRENCE..: "Fir 1,000,000 ❑X COMMERCIAL GENERAL LIABILITY FIREAAMAGE: An One Fire 1,000,000 ❑X CLAIMS MADE ❑ OCCUR MED:EXP An Ons Person' 5,000 ❑ PERSONAL&ADWINJURY 1,000,000 ❑ GENERAL AGGREGATE 2,000,000 GEN'LAGGREGATELIMIT APPLIES PER: PRODUCTS, COMPIOP AGG 2,000,000 0 POLICY ❑ PROJECT ❑ LOC AUTOMOBILE LIABILITY BODILYINJURY ❑ "ANYAUTO" (OWNE)HIRED, NON-0>�INED) (EACH PERSON) $ ❑ OWNED BODILY.INJURY (EACH ACCIDENT) $ ❑ HIRED PROPERTYDAMAGE $ ❑ NON -OWNED BODILYINJURYAND ❑ GARAGE PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY EACH OCCURRENCE ❑ OCCURRENCE AGGREGATE $ ❑ RETENTIONIRY WORKERS COMPENSATION & $ EMPLOYERS LIABILITY BODILY ACCIDENT EACH ACCIDENT INJURY DISEASE $ POLICY LIMIT BY DISEASE $ EACH EMPLOYEE THE LISTED CERTIFICATE HOLDER HAS BEEN ADDED TO THE ABOVE POLICY. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV- ERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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). , NAME AND ADDRESS OF CERTIFICATE HOLDER CITY OF SOUTH BEND AUTHORIZED REPRESENTATIVE 1316 COUNTY/CITY BUILDING 227 W JEFFERSON BLVD SOUTH BEND, IN 46601 EIGh6230 8I1i r8UP I ❑T I