Loading...
HomeMy WebLinkAboutSidewalk Cafe - Cafe Navarre1316 COUNTY-Crry BuILDING 227 W. JLFFTRSON Botit.LVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BuTTIGIEG, MAW" BOARD OF PUBLIC WOE I mmm�� Joel Gard I OlDine, LLC d/b/a Cafd Navarre 101 N Michigan Street South Bend, IN 46601 RE: Sidewalk Caf6 — 101 N Michigan Street Dear Mr. Gard: PHONE 574/235-9251 F'AX 574/ 235-9171 At its meeting held on April 24, 2018, the Board of Public Works approved the application for a Sidewalk Calk: Permit outside your establishment at 101 N Michigan Street on Sunday, 11:00 a.m. to 9:00 p.m.; Monday to Thursday, 11:00 a.m. to 11:00 prn,; Friday, 11.00 a.m. to 12:00 a.m.; Saturday, 4:00 p.m, to 12:00 a,m, subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is five feet of clear, 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 Agreement for your records. Please be reminded that the sidewalk caf'6 permit is only good between April I and October 31, 2018. Also, please be aware that a Sidewalk Ca-I16 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, Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. Git,w, SUZANNA M. FRITZBERG Ei.AZABET] i A. MARADI K JAmf_�s A. MUELLER THERESE J. DORAU (lierernatter, "Vermrttee"), 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 Pernaittee'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 18-1 S 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: � /V, P r ti �,s� 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 front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe Operation: U i'l Updated 6/25/201.2 foot 1 It," fIK- M741 3) The teen 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" 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 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, 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 6/25/2012 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) Notification of approvalldenial of' this request )vffl 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 1,2 7 /.)-- 0 / Permittee Name: e Title: P -f BOARD OF PUBLIC WORKS APPROVAL Z President Member Member 4, Member Member Date 0 Updated 6/25/2012 3 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SCATti BE, ND, INDIANA DATE Applicant's Legal Name ,rCC,�r �✓ ,/ "Title Business blame ,✓` 1 _ / k. — FEE P. Address Telephone Number Proposed Location and Description of Sidewalk Cafe Days of Sidewalk Cafe Operation flours of ,Sidewalk Cafe Operation Sun Mon Tues Wed. Thurs Fri Sat " i`% 1 c1.._ // 4 The following information is REQUIRED for completion of 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 cafe 3. Completed/signed. Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/pers0n, 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. 3 /,_;� 7/,A) Da ature of Applicant e' Printed Name tl" T Titl BOARD OF PU IC WORKS APPROVAL " President Member Member Member Member ]date RETURN FORM TO: 4 Board of Public Works 1.31.6 County -City Building 227 West Jefferson Boulevard South Bend, fN 46601 Phone. (574) 235-9251 e Fax: (574) 235-9171 9 E-Mail: pLiblicwks(rr)southbendiii.gov AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE 3/21/2018 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 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 [tau of Such endorsement(s). PRODUCER Gibson Insurance Agency , Inc.PHONE g Y 130 S Main St, Ste 400 CONTACT aura Van Dyke NAME: Y 574-245-3504 FAX 574-236-6399 AAIC,-Np,EMt}: — A1C NoI ...._... AIL ADDRESS: Lvandyke@gibsonins.com -_ PO Box 11177 INSURERS) AffORDING COVERAGE NAIL # INSURERA:Cincinnati Insurance Co South Bend IN 46601--0177 INSURED INSURER B :CCIRMerCe & Industry Ins Co 1 9410 _ Navarre Hospitality Group, LLC, DBA: Navarre INSURERC:Apcident Fund Ins Co Amer 110166 105 W Colfax Ave INSURER,D: INSURER E South Bend IN 46601 INSURER F : COVERAGES CERTIFICATE NUMBER:17/18 Liability 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 16.TFt ........ _.. w_...,.,_ TYPE OF INSURANCE — AbDL SUER POLICY NUMBER _ MMIODY EYY MMIDDIYYXYY LIMITS X COMMERCIAL GENERAL LIABILITY ( EACH OCCURRENCE 1,000,000 ------ -- 100,000 A CLAIMS -MADE X OCCUR i DAMAGE TO RENTED,_' f PREM-ISES (Eaoccurrence} EPP0450028 B/1/2017 8/1/201B MED EXP (Any one person) $- 2,000 -' ........... EPERSONAL BADVINJURY ------ �$ 1,000,000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE is POLICY PIE„ LOC PRODUCTS - GOMPlOP AGG 2D40000 $ r i —%� Is OTHER: E Damage to Premises Rented AUTOMOBILE LIABILITY E I COMBINED SINGLE LIMIT i (Ep,,.aceident) $ f000,000 $ X ANY AUTO BODILY INJURY (Per person) OWNED E I PC24990 170801 8/1/2017 8/1/2018 BODILY INJURY (Per accident) l $ AALL UTOS AUTOSULED W NON OWNED X X -PROPERTY DAMAGE - - $_- HIRED AUTOS AUTOS ;..Per accident} € { Is X UMBRELLA LIAR € OCCUR EACH OCCURRENCE $ 141000,000 B IEXt:ESSLtAB CLAIMS -MADE AGGREGATE - $ 10,000,000- __.}( DID RETENTION$ $ BE 027710972 B/1/2017 e/1/2018 I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X I PER ERH YIN E_L EACH ACCIDENT $__ 500 000 C IANYPROPRIETORIPARTNERIEXECUTIVE [ OFFICERIMEMBER EXCLUDED? '• 13 I(Mandatory InNH) NlA WCV6148032 8/1/2017 i 8/1/2018 i E.L. DISEASE - EAEMPLOYEI� $ 500-,000 If yes, describe under I DESCRIPTION OF OPERATIONS below E.L. DISEASE.- POLICY LIMIT $ 500,000 E I i 3 E Each Commone Cause $1, 000 , 000 A Liquor Liability � � EPP0450028 B/1/2017 8/1/2018 I Aggregate $2, 000, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more apace Is required} City of South Bend is additional insured with respect to general liability coverages as required by written contract. /`GDTICIr ATF WAI nr-P !'ONrFI I ATinN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 227 W Jefferson ACCORDANCE WITH THE POLICY PROVISIONS. South Bend, IN 46601 AUTHORIZED REPRESENTATIVE G Ins Agency/LAURA ACORD 25 (2014101) INS025 (201401) © 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD