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Home My WebLink AboutSidewalk Cafe - Vegetable Buddies1316 COUNTY -CITY BuiLDING 227 W. JEFFERSON BOULE�,VARD Sotn,ii BLND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLIC WO_ I April 10, 2018 Jeffrey Harrison Vegetable Buddies 129 N Michigan St. South Bend, IN 46601 RE: Sidewalk Ca:f6 — 129 N. Michigan St. Dear Mr. Harrison: Pjiom,., 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 129 N. Michigan St. on Tuesday to Saturday, between the hours of 5:00 p.mto 2:00 a,m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, no grill on sidewalk, and there is five (5) feet of usable sidewalk for pedestrians. This permit is for the set-up of the cafd 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 eaf6 permit is only good between April I and October 31, 2018. Also, please be aware that a Sidewalk C66 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, 41 a Linda M. Mai -tin, Clerk, Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. GILOT SUZANNA M. FRFFZ13ER(1 ELIZA13ri,ii A. IAA ARADIK JAMIas A. MUELLER TI]ERESE J. DORAU 161 11 1 1A I 1##RV1V1ffi§NffA-- Ml- e V Fle, I D Ral L UAN 1 -9 V-1 'This Agreement is entered into this 13 day of 31 20J8, by and between th Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and Vejactable Buddies Inc. (hereinafter, "Permittee"), WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf& in front of Permittee's business at: Business Name Vegetable Buddies Address 129 N Michigan St City, State, Zip South Bend, Indiana 46601 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 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 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 caf6 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: 129 N MichiRan St South Bend, IN 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 Caf6 Tuesday — Saturday 5:0�0 PM — 2:00 AM Operation: Updated 05/2017 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 3151 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 Pelmittee's. b) 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 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 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 1.5) 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 form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: 3- 11 ` \I 6 Permittee Signature: Name: Title: BOARD OF PUBLIC WORKS APPROVAL 4;�Ua -" q) , �,u 1. - 4 V V V/" President Member em Member Me ber Date Updated 05/2017 Applicant's Legal Name Jefftey Harrison Title Owner Business Name Vep-etable Buddies :address 129 l9 Michigan St South Bend, IN 46601 Telephone Number 574-232-0954 Proposed Location and Description of Sidewalk Cafe In Front of Vegetable Buddies Days of Sidewalk Cafe Operation Sun Mori flues Wed Thurs Fri. Sat 5:OOPM 5:OOPM 5:OOPM 5:OOPM- — 2:00 50OPM- Flours of Sidewalk Cafe Operation x x 12:OOAM 12:0OAM 12:00am AM 2:OOAM The following information is REQUIRED for completion of a Sidewalk Cafe Application: 1. Completed/signed application, including a $10.O�O fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafe 3. Completed/signed Agreement 4. Certificate of Insurance ($1,000,O�OO/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 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 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. Date { Sigilallof A plicant Printed Name Title BOARD OF PUBLIC WORKS APPROVAL , i"� -"�\L - ^t " M- President'-' Mj� ber Me ber Member RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Mend„ IN 46601 rz) r Date 4 `I T4 5 54- Ev(o j (r /,),I lVl1`6A I ('41t/ � Y RETURN FORM TO: Board of Public Works 1316 County -City Building '27 West Jefferson Boulevard South Bend, M 46601 Acak`o CERTIFICATE OF LIABILITY INSURANCE DAI'E(MM10D1YYVY) 03113/2018 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 t: this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s). PRODUCER NAME: Michelle Harrell Randy Leflaert Agency Inc =410 Lincoln Way W PHONE f�c Nu): (574)674-9582 AD RESS: tNSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Illinois Casualty Company _ 000000 2,Osceola IN 46561 INSURED INSURER L3 INSURERC: Vegetable Buddies Inc INSURER n : PO Box 1202 INSURER E: { INSURERF: South Bend IN 46624 ±.'OVFs;RAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS ES 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR LTR TYPEOFINSURANCE L POLICY NUMBER MM.JDDYYYY MNVDD1YYYY LIMITS A X COMMERCIAL GENERAL LtABIL(TY CLAIMS -MADE 1XI OCCUR Y N SP38698 04/28/2018 04/28/2019 EACH OCCURRENCE $ 1000000 DAMAGE PREMISES aoccurrence $ 100000 MED EXP (Anyone Person) $ 20t1O 71 GENT X PERSONAL & ADV INJURY $ 1000000 AGGREGATE LIMIT APPLIES PER: POLICY ❑ JPERb 171 LOG OTHER- GENERAL AGGREGATE $ 2000000 PRODUCTS -COMPIOPAUG $ 2000000 $ E AUFOMOBILE LIABILITY ANYAUTO OWNED F I SCHEDULED AUTOS ONLY AUTOS H[REU NOWOMED AUTOS ONk.Y Id AUTOS ONLY COMBINED SIN LE LIM @a accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYD AGE Peraccidenl $ A x UMBRELLA LIAR EXCESS LIAR Id OCCUR CLAIMS -MADE Y N UL15936 04/25/2018 04/26/2019 EACH OCCURRENCE $ 1000000 AGGREGATE $ 1000000 DIED I I RETENTION 10000 $ A WORKERS COMPENSATION AND EMPLOY FIRS' YIN S' LIABILITY ANY PROPRiFT0RIPART14ERlFXECUTIVE OFFIC! RrMEMBER EXCLUDED (Mandatary in NH) Iryes, describe under DESCRIPTION OF OPERATIONS below N/A N WC16896 04/25/2018 04/25/2019 STATUTE ER EL. EACH ACCIDENT $ 100000 - - — E.E. DISEASE -EA EMPLOYEE $ 100000 E1- DISEASE - POLICY LIMIT $ 500000 A Liquor Liability FY flN LL101147 04/25/2018 04/25/2019 Each Common Cause 1000000 -DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space is required) CERTIFICATE HOL City of South Bend 227 W Jefferson Blvd ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORtIrD REPRESENTATIVE ® 1988-2015 ACORD CORPORATION. All rights reserved, TheACORD name and logo are registered marks of ACORD