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Home My WebLink AboutSidewalk Cafe - Fiddler's Hearth1316 COUNTY-CTI'Y BUILDING 227 W. JEFFFRSON BouLEVARD SOUTI-i BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 24, 2018 Carol Meehan Fiddler's Hearth 127 N Main Street South Bend, IN 46601 RE: Sidewalk Caf6 —127 N. Main St. Dear Ms. Meehan: NIONE 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 Caf& Permit outside your establishment at 127 N. Main St. on Monday to Thursday, 11:00 a.m. to 11:00 p.m.; Friday to Saturday, 11:0,0 a.m, to 12:00 a.m.; Sunday, 11:00 am. to 9:00 p.m. subject to ensuring there is five feet of ADA accessible sidewalk separate from 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 cafe 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. Sin crely, A-4 Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A, Ciu,0j, SUZANNA M. FRI'FZBER(.,, 0AZABEi'i-f A. MARAIAK JAMEs A. MUELLER Ti IE.RESE J. DORAU AGREEMENT FOR TEMPORARY USE OF " THE PUBLIC SIDEWALK FOR A SIDEWALK CAFr I: .� f =y This Agreement is entered into this 4NIL.day of 1, 20j/. (�2 , by a 1HG City of South Bend, Indiana, by and through its Board of Pu tic Works (hereinafter, ��ry� ana ;QvELE9 e, GfLK-2-4 //,1 C-'. (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City fora permit to use a portion of the public sidewalk for a sidewalk cafe in front of Permittee's business at: Business Name Address 12-7 A) 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 i'ernlittee a permit to use a portion of the public sidewalk at the following location (attach a drawing): Address: l ; , �/A3 el—b b 01 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 Cate Operation: fs w ) LAM —m _... wMtll-� r-y 0-C- I I AVA - [ f F vv\ 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 I 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 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) Pe'rmittee 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 $1,000,000 per occurrence, naming the City as an additional insured as to the sidewall< cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 05/2017 2 as required above and providing for not less than 30 days' notice to the City's Bwircl of Public works prior to cancellation. I 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification of apIn-ovalldenial of this rearrest n411 be issued by return o0his Jbi-M, upon signe(l authoi*ation by the Boardql'Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date firs( written abovc. Date: ey Permittee Signature: Narne: 61 Aka L-- tj , )AA4--J-`- 14 Title: BOARD OFPJBLIC WORK-S APPROVAL President Member Member Member Updated 05/2017 Member /xv Date APPLICATION FOR SIDENVALKCAFt fttmirr DATE 141r CITY 01; Sourti BEND, INDIANA Applicant's Legal Name Business Name t Ulf Al/ 00 FEE PAID 'E_1_$.JjI Address ........... 1,2 V 1J, MAW -s- - -I -j Telephone Number '51 ;2 '3,2 - 2.- Proposed Location and Description of Sidewalk Caf6 V, P bo (_ Erl Days of Sidewalk Caf6 Operation Sun Mon Ties )\107id ThUrS AM, Hours of Sidewalk Caf6 Operation VPM // Jr''M i I FW , W1 /-)) /� Fri Sat The following information is REQUIRED foi- completion of Sidewalk Caee Application: l. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk care showing placenient/dimensioris ofproposcd caf6 3. Cornpleted/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/person, narriing the City ot'South Bend as additional insured) AFFIRMATION 1, the undersigned, agree that I will abide by all of the provisions of'Scotiori 18-15 Ol'tl]C South Bend NlUrliCipal Code and with all the provisions stated above as conditions Of the issuance of'this Pernik. I ffirther 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 01' ill=, as the result Of any USC of the public sidewalks for a sidewalk caf6 as permitted herein, I do hereby certify and affirin that all the iliffirinalion givcll in this application is true to the best of my knowledge, Date SignU(UrC ofApplicant Printed Name Title BOARD OFPUBLIC WORKS APPIWVAL Prjsjiden�t�' —MAember �embWr Member Member RETURN FORM TO� Board of Ilublic Works 1316 County -City Buildint 227 WCSt JeffUS011 BOL&V,11-d SOUth Bend, IN 46601 Phone: (574) 235-9251 9 Fax: (574) 235-9 l 71 Da(e 4 AC" " CERTIFICATE OF LIABILITY INSURANCE DATE( MMID PIYYYY) Onlo912018 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 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 rights to the certificate holder in lieu of such endorsement(s), PRODUCER CONTACT NAME: Susan Thompson LBYen Insurance Agency Inc. ACC N Ext : (574) 291-5510 FAX Na). (574) 291-8505 R O. Box 2379 EMAIL suet@laveninsurance.corn ADDRESS: INSURER4S) AFFORDING COVERAGE NAIL 11 SOUTH BEND IN 46680 INSURER A: Frankenmuth Mutual Ins. Co. 13986 INSURED INSURER B : INSURER C : Fiddler's Hearth, Inc, INSURER 0 : Ceol Mor, Inc. - INSURER E : 127 N. Main Street INSURER F : South Bend IN 46601 COVERAGES CERTIFICATE NUMBER: 17-18 Master 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 MAYBE 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. TYPE OF INSURANCE INSD WVD POLICYNUMBER POLICY Err MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000.000 rA CLAIMS -MADE x OCCUR DAMAGET RE EO PREMISES Ea occurrence $ 300,000 MFD EXP (Any one person) $ 5,000 PFRSONAL s ADv INJURY $ 1.000.000 Y CPP6371854 09/18/2017 09118/2018 N'LAGGREGATELIMIT APPLIES PER; GENERAL AGGREGATE S 2,000,000 POLICY ❑ PRO ❑ LOC JECT M PRODUCTS - COMPIOP AGG $ 2,000,000 v $ OTHER: AUTOMOBILE LIABILITY COMO NED SINGLE LIMIT (Ea accidenl} -� BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOSONLY AUTOS BA0371854 09/1812017 09118/2018 Ix BODILY INJURY (Per acc€dent} 5 PROPERTY DAMAGE Per accident $ HIRED IxNON-OWNED AUTOS ONLY AUTOS ONLY Non -owned s X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 5,000,000 AGGREGATE 5 5,00 .000 A EXCESS LIAR CLAIMS -MADE CPP6371854 0911812017 09/18/2018 DED I XI RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICFRIMEMBER EXCLUDED? (Mandatory In NH) MIA WC6371854 0911812017 09l18l2018 X $TgTUTE [Ry E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A Liquor Liability CPP6371854 0911812017 09/18/2018 $1,000,000 $2,000,000 Occurrence Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached It more space is required) Location: 127 N, Main Street, South Bend, IN 46601 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of South Bend ACCORDANCE WITH THE POLICY PROVISIONS. 125 S. Lafayette Blvd. AUTHORIZED REPRESENTATIVE Suite 100 South Bend IN 46601�� O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Fiddler's Hearth 127 North Main Street, South Bend, IN 46601 SIDEWALK CAFE LAYOUT Building Entry I 1 ""am M i i i 111'O NMN AWM i IIF1® IIAIi WQi i i®0 ® Y® i ® Qi ® ® IB= 1 Cafd Entry Tables & Chairs 10'to curb Fencing 1 I Curb