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Home My WebLink AboutSidewalk Cafe - Tapastrie LLC1316 COUNTY -CITY BUILDIN6, 227 W. JETTERSON BoutA-VARD Sourti BEND. INDIANA 46601-1830 CITY OFFSOUTH BEND PETE Bul-171GIEG, MAYI BOARD OF PUBLIC )bVTVS, April 24, 2018 Carol Meehan Tapastric, LLC 103 W Colfax Avenue South Bend, IN 46601 RE: Sidewalk Caf6 — 103 W. Colfax Ave, Dear Ms. Meehan: PHONE 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 Ca:f6 Permit outside your establishment at 1 03 W. Colfax Ave. on Monday to Saturday; 4:30 p.m, to I 1:00 p.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is five 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 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, Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. G I LOT SUZANNA A FRITZBERci, ELIZABETit A, MARADIK JAmi-s A. MUELUR THERESE J. DORA U AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this clay of j_20 , by a 1865 City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, -�.rry } ana (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 E1 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 cafc 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 Perizlittee a permit to use a portion of the public sidewalk at the 16.11owing location (attach a drawing) : Address: �� Zkv L 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: 0 EJ AJ1 q ° 0 Updated 05/2017 yj 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 caf6 in front of any other business other than Permittee's. 6) The placement of the sidewalk caf6 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 litrniture, 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 caf6 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. Permittec shall provide a Certificate of Insurance to the City showing liability coverage Updated 05/2017 2 APPLICATION FOR SIDEWALK CAFt PERMIT CITY OF SOUTH BEND, INDIANA DATE FEE PAID Applicant's Legal Name 111 L,A-(�_-, Title Business Name Address C ....... . ..... . laa tLY Telephone Number, z t,L—z —"5� 2.. no Proposed Location and Description of Sidewalk Cat'& Days of Sidewalk Caf6 Operation Sun Moil Tries Wed -1,11111-s Fri Sat Hours of Sidewalk Caf6 Operation The following information is REQUIRED for cornpletion of Sidewalk Cafe Application: L Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidcwall: cal,6 Showing placement/dimensions of proposed caf6 3. Completed/signed Agreement 4. Certificate of Insurance ($ 1,000,000/occurance and $300,000/person, naming the City ot'Soulh Belid 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 iS-,LJancc of this I'Crillit. I 1,01-1her 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 Im a sidewalk caf6 as permitted herein. I do hereby ccrtify and.affirto that all the information given in this applicikon is true to the best of my knowledge, tj Z Date Signature of Al�plicant Prhue(TNanle Ek) ) 0 V Title BOARD OF PUBLIC WORKS APPROVAL President PX&Z e' 1.Mt rttl�ct Member Member RETURN FORM TO� Board, of Publie Works 131,6 County -City Building 227 West Jefferson Boulevard South l3cnd, IN 46601 Phone: (574) 2359251 a Fax: (574) 23.5-9 t 71 Date 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 Perinittee. 17) Notification qfapjn,,ova11(1enia1 oaf dais request ivill be issued b), return of this fin-111, upon signed authorization by the Board qf"Publie )+'orks. IN WITNESS WHEREOF, this Agreement was executed an the date first written above. Date: qlvhs Permitter Signature', x Name: Title: fAltD OF PtJAC WORKS APPROVAL President Member Member Member Member Date Updated 05/2017 3 ACl`O " l..�CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 0410912018 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 lie endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an ondorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment(s). PRODUCER CONTACT Susan Thompson NAME: Laven Insurance Agency Inc. acoNr o EXt : (574) 291-5510 FAX, No): (574) 291-8505 E-MAIL suet@laveninsurance.com ADDRESS: R 0. Box 2379 INSURCR(S) AFFORDING COVERAGE NAIC 11 SOUTH BEND IN 46680 INSURERA: Frankonmulh MUtual Ins. Co. 13986 INSURED INSURER 0: INSURER C _ Tapastrie LLC INSURER D 103 W. Colfax Ave. INSURER F : South Bend IN 46601 INSURER F 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 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. INSR LTR TYPE OF INSURANCE INSO WVO POLICY NUMBER P041CY EFF MM1D€IIYYYY POLICY EXP MMIPnIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence) $ 500,000 MED EXP (Any One person) $ 5,000 PERSONAL HAOVINJURY $ 1,000,000 A Y CPP6371889 10116/2017 10/1612018 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY PRO- LOG SECT MOTHER: I GLNERAL AGGREGATE $ 2.000,000 PRODUCTS - COMPIOP AGG$ Z,000,000 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddenl 5 1,000.000 BODILY INJURY (Per Person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS IX BA6371869 10/16/2017 10/16/2013 BODILY INJURY (Per accident) 5 HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident) $ 5 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5 5.000,000 AGGREGATE 5 5.000,000 A EXCESS LIAB CLAIMS -MADE CPP6371889 10/16/2017 10/16/2018 DEO I X RETENTION $ 0 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETORlPARTNERIE7ECUTIVE ❑ OFFICERIMEMBFR EXCLUDED. (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATONS below NIA wG6371aE9 - 10/16/2017 - i01161'2018 - PER OTH- X STATUTE ER F,L.FACIIACCIDENT 5 500.000 _ E.L. DISEASE - EA EMPLOYEE $ 500,000 E,L. DISEASE - POLICY LIMIT 5 500,000 A Liquor Liability CPP6371689 10/16/2017 10116/2018 $1.000,000 $2.000.000 OCCUrrenCe Aggregole DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 104, Additional Remarks Schedulo, may be attached If more space is required) Location 103 W. Colfax Avenue, South Bend, IN 46001 CERTIFICATE HOLDER C AMrPI I ATlnkl 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 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ;z m Qa --------------------------------------------------- i i i w a----- v W o3