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Home My WebLink AboutSidewalk Cafe - Aloft South Bend1316 COUNTY-Cay BuiLDING 227 W, JEFFERSON BoULEVARD Souni BEND. INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BurrIGIEG, MAYCI BOARD OF PUBLIC AY0rT.KSi wmn• Trista Gordon Aloft South Bend I I I N. Main Street South Bend, IN 46601 RF: Sidewalk Caf6 -- 111 N. Main Street Dear Ms. Gordon: PHONr-, 574/235-9251 FAX 574/ 235-9171 At its meeting held on April 24, 2018, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 111 N. Main Street on Sunday, 10:00 a.m. to 11:00 p.m.; Monday to Friday, 2:00 p.m. to 2:00 a.m.; Saturday, 10:00 a.m. to 2:00 a.m. subject to ensuring there is five feet of ADA accessible sidewalk separate froln the bike path for pedestrians. The Board required that you submit a revised drawing showing that setup for their review. 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 Agreement 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 Caf6 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. Sincerely, LidA, 4 da M. Martin, Clerk Enclosure Matt Longfellow, Engineering Toy Villa, Engineering Gone Eyster, Police Department GARY A. Gito-r S,UZANNA M. FRITZBERG ELIZABETH A. MARADIK I [AMi.-,s A. MUELLER Ti IERESE J, DORAU AGREEMENT FOR FOR TEMPORARY USE OF u THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this day of atrrtl,20 [ , by a City of South Bend, Indiana, by and through its BoardPublic Works (hereinafter, urry) ana (hereinafter, "Permittee"). 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 cafd; 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) : Address: I ! I ht 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 cafd in front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe 1 Operation:7r� ._ f 0 o-,kd P ad,, �'S P #qP Updated 05/2017 1 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 t 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 Pennittee's business establishment. Nothing contained herein shall permit Permittee to operate a sidewalk cafd in front of any other business other than Perrnittee'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 cafd 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 fi•om 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 fiom 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 cafd 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. 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) Noteation of approvalldenial of" this request will be issued by return of thisforin, upon signed authorization by the Board qfPuhlie Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: Permittee Signature: Name: Title: BOARD OF PUBLIC WORDS APPROVAL President Member Member Member Member Dat6 Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE < a 6 — 16 FEE PAID Applicant's Legal Name Tit Business Name A Address Telephone Number Proposed Location and Description of Sidewalk Caf6 Days of Sidewalk Caf6 Operation Hours of Sidewalk Cafd Operation Sun Mon Tues Wed Thurs Fri Sat Ze- ,e The following information is REQUIRED for completion of a Sidewalk Cafd Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dimensions of proposed caf6 3. Completed/signed Agreement (4D Certificate of Insurance ($1,000,000/occurance and $300,0001person, 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 caff as permitted herein. I do hereby certify and affirm t all the information given in this application is true to the best of my knowledge. f 7, Date of Applicant <+ 6 Printed Name Title BOARD OF PUBLIC WORKS APPROVAL President Mei4'er- Member Member Member RETURN FORM TO: Board of Public Works 1316, County -City Building 227 West Jefferson Boulevard South Bend, fN 46601 Phone: (574) 235-9251 o Fax�: (574) 235-9171 Date 4 El Aloft South Bend 2018 Proposed Patio Layout Idling Style IQ��,fqj 4.""),owam Opp T TTI 25' 25' T T 28. 75' 0 Client#• 6156t) AZULHOS ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MWQDIYYYY) 1 04/10/2018 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 this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ON[ Risk Partners CONTACT NAME; Connie J. Messer CNN Ext: 574.314-9190 FAX, No; 866-893-4638 (AI100 East Wayne Street, Ste 375 E-MAIL COnnie.messer@onirisk.Com South Bend, IN 46601 INSURER(S) AFFORDING COVERAGE_ NAIL # INSURER A: Z°rich Insurance Company Llmiiad INSURED Azul Hospitality -Indianapolis, LLC Azul Hospitality -Services, LLC 800 W. Ivy St. Suite D San Diego, CA 92101 INSURER B : The CnnlinenW rnsuranm Company 35289 INSURER C INSURER D INSURER E : 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. LTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDt�IIYEYYY MMIDICY EXP DIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X CP0106375700 9/15/2017 0911512016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE n OCCUR PREMISES Ea ncicur ante $1 00D 000 MED EXP (Any one person) $10,000 PERSONAL R ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO - POLICY [—I JECT X LOC IOPAGG $2000000 � � $ OTHER: AAUTOMOBILE LIABILITY CP0106375700 911512017 09/151209 COMBINED SINGLE LIMIT Ea atxidenl 1 000 000 r r BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PRO PeraccRTYDAMAGE $ B X UMBRELLA LIAB X OCCUR 6050530380 9/15/2017 09115/2018 EACH OCCURRENCE $50000 000 AGGREGATF $5D OOO OOO EXCESS LIAB CLAIMS -MADE DEO I X RETENTION $10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE Y 1 N OFFICERIMEMBER EXCLUDED? - N I A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ F.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Garagekeepers CPO106375700 9/15/2017 09/15/201 Limit: $250,000 Comp/Coll Deds: $1,000 A Liquor Liability CP0106375700 9/15/2017 09/15/201 $1M[I Occl$2 Mil Agg DESCRIPTION OF OPERATIONS I 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 (lability policy when required by written contract. Loc# 1 - 111 N. Main Street; South Bend, IN Building # 1 Hotel City of South Bend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 227 W. Jefferson Blvd Ste. 1316 ACCORDANCE WITH THE POLICY PROVISIONS. South Bend, IN 46601 AUTHORIZED REPRESENTATIVE C O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14322281M1432226 CMBSS f_liantii- R1san AZULHOS ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 9/18/2017 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(les) 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 CONTACT NAME: Connie J. Messer C574 ai, No 866-893-4638N-3- E-MAIL ADDRESS: connie.messer@onirisk.com 1111 Chestnut Hills Parkway INSURER(S) AFFORDING COVERAGE NAIC# Fort Wayne, IN 46814 INSURER A: Zurich Insurance Company Limite INSURED Azul Hospitality -Indianapolis, LLC Azul Hospitality -Services, LLC B00 W. Ivy St. Suite D San Diego, CA 92101 INSURER B : The Continental Insurance Compa 35289 INSURER C INSURER D INSURER E 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 13Y THE POLICIES DESCRIBED HEREIN IS SU13JEaCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTpR TYPE OF INSURANCE NSR WV❑ POLICY NUMBER MNWDNEYYY MMO/LDI�/YYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X CP0106375700 9/15/2017 09/15/201 EAAqC��Hqq��OCCURRENCE $1 000000 CLAIMS -MADE OCCUR PREMISES Eaoccurrenca $1 OOO OOO MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2000,000 PRO- X POLICY ❑ JECT [:] LOG PRODUCTS-COMPIOPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CP0106375700 9/15/2017 09/15/201 °&8lctlEeDSNGLELIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS HIREDAUTOSXNON-OWNED AUTOS IX PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB X OCCUR 6050530380 9/15/2017 09/15/2016 EACH OCCURRENCE $50000 000 AGGREGATE $5000O 0O0 EXCESS LIAB CIAIMS•MADE DED I X1 RETENTION00000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOfl/PARTNER/EXECUTIVE Y / N OFFICERIMEMBEREXCLUDED? ❑ (Mandatory In NH) N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Ryon describe under DESCRIPTION OF OPERATIONS below A Garagekeepers CP0106375700 9/15/2017 09/15/201 Limit: $250,000 Camp Ded: $1,000 Call Ded: $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Marriott International, Inc. and its affiliates & subsidiaries are loss payee for personal property in the amount of $5,000,000 with $2,500 deductible, and additional insured to the general liability with respect to property and general liability for property located at, 211 W. Washington Street, South Bend, IN 46601 Loc# 1 - 211 W. Washington Street; South Bend, IN Building # 1 Hotel Marriott International, Inc. and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN its affiliates & subsidiaries ACCORDANCE WITH THE POLICY PROVISIONS. c/0 Cert Focus PO Box 140528 Kansas City, MO 64114 AUTHORIZEDREPRESENTATIVE 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S11453801M1145296 C M ESS