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Home My WebLink AboutSidewalk Cafe - Woochi Japanese Fusion and Bar1316 COUNTY-Crry BuILIAN(i 227 W, JEFFERSON Boui.ul'mu) Sou'rii BEND. INDIANA 46601-1830 CITYOF SOUTH BEND PEE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 24, 2018 Jeremy Young Woochi Japanese Fusion & Bar 123 W. Washington St. South Bend, IN 46601 RE: Sidewalk Caf6 — 123 W. Washington St. Dear Mr. Young: PHOW. 574/235-)251 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 123 W. Washington St. on Sunday, 12:00 p.m. to 9:00 p.m.; Monday to Thursday, 11:00 a.m. to 10:00 p.m.; Friday, 11:00 a.m. to 11:00 p.m.; Saturday, 12:00 pm. to 11:00 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) 23,5- 9251. Sincerely, Lin. in /-a M. Martin, Clerk Enclosure c: Matt Longfellow , Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. Gn..o'r SUZANNA M. FRITZBERG EuZABM'ii A. MARADIK JAMEs A. Mui",I,I,ER DORAU AGREEMENT FOR TEMPORARY USE OF U. THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE PF"l This Agreement is entered into this day of 41A, 20 I $ , by a City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, --uny } ana W OOJ i J"o neso -PA,r on 7, 13&r , 3n c . (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 ofPermittee'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 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 Permittee a permit to use a portion of the public sidewalk at the following location (attach a drawing): Address: I D3 W WQA4+11 34 . �o �+ 14 q00 1. 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: 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 V 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 caf6 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) Perrittee 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) Per nittee 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 $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk caf6 operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 05/2017 2 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification ofapprovalldenial ref` this request W11 be issued by return of this fi7rill, upon signed authorization by the Board of 'Public Works. , IN WITNESS WHEREOF, this Agreement was executed on the date first written above, Date: Permittee Signature'. Name: --U"MA �l 0"Qw V Y Title: BOARD OF PUBLIC WORKS APPROVAL President Member Member //b, Member Member Date' Updated 05/2017 DATE Applicant's Legal Narne Business Name Address Telephone Number APPLICATION FOR SIDE, WALK CAI t PERMIT CITY OF SOUTH BEND, INDIANA J�reMA iwm Title I Proposed Location and Description of Sidewalk Caf6 FEE PjB,$ . ..... . ... Days of Sidewalk Caf6 Operation Sun Mon Tues Wed Thurs Fri Sat k rilw YI-PM -- I 1PK :FftDm (9.prn Hours of Sidewalk Cafe Operation ytm l� _ �t 'the foltowing information is REQUIRED for completion of a Sidewalk Caf6 Application: I. Cornpleted/signed application, including a S 10.00 fee 2. Drawing(s) and description of proposed sidewalk caf& showing placeirienl/dimensions of proposed cafe 3. Completed/signed Agreement 4, Certificate Of Insurance ($1,000,000/occurance and $300,(i00/person, naming the City of South Bend as additional insured) AFFIRMATION 1, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of South Bend fi-orri miy liability, loss, cost, damage or expenses, including attorney fees, which the City may stiffer or incqj:-as the result of any use of the public sidewalks for a sidewalk cafe as permitted herein. I do hereby certify rn t all the information given in this application is true to the best of my knowledge. go Date Signature of Applicant -Je4w Y,7v* -- Printed Natut U Title BOARD RD F PUBLIC WORKS APPROVAL President Member Member Member Member RETURN FORMTO: Board of Public Works 1316 County-Cily Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 a Fax: (574) 235-917 1 Date" 11 S�qA� BtmiA - IN 4-660 ( _ RETURN FORM TO- Updated 6/22/12 - 2 Bo4rd of Public Works 1316 county -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 23.5-9251 r Fax: (574) 235-9171.* E-Mail: publicwlcs@southbendin.gov Apr 1018 04:49p p.2 Vie¢ DATElti11N�6t%�YYY) CERTIFICATE OF LIABILITY INSURANCE w oaJ102a18 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFOR&4ATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CETATE DOES NOT BELOW AFFIRMATIVELY THIS CERT C TEO FNNEGATIVELY SDOESURANCE ES NOTCONSTIT TE A CONTCOVERAGE CONTRACT BETWEEN THE ISSUING NSURER($)AUTHORiZED REPRESENTATIVE OR PRODUCER, AND THE GERTIF ICATE' HOLD ER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies� must be endorsed. If SUBROGATIOI3 IS WAIVED, subject to the terms and condillons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu ofsuch endorsements). CONTACT iOdJCFR NAME'- Steve McNeil Idridk3e Insurance DONEEI� c 574222$232 IL E-MA 323 North Ironwood All ss! . ^L outh E ISVR6D WaPC.1.1i Japan4ase Fusion & Bar, Inc. 123 W Washington St IN South Bend IN qwu I. I INSURER F _ bVERAGES CERTIFICATE NUMBER= REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOTWETHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE, OEEN REDUCED BY PAID CLAIMS — v C a A COMMERCIAL GENERAL LM ILfrY —1 CLdVMS-MADE 191 OCCUR 1`4 1 N I Q97-1154951 1111022017111 AW]018 LAGGREGATE LIMIT APPLIES PER: POLICY ❑ 'EG F1 LOG AUTomosil-E LIABILITY ANY AUTO AALL UTO.rED At1TD5VLE0 NON-OY'+NED HIREOAUTDS AUTOS UMBRELLA UAB I. I occuR EXCESS LIAS I7111 CLAIMS WORKERS COMPENSAIIUN AND EMPLOY ER5 LIABILITY YIN ANY PROF RtETORIPARTNERrEXEGUInVE ❑ N ! A OFFICER, BEREXCLUDED7 DESORIF,noN of OP ERATIONS I LOCATI ONSrVEHICLES (ACOR D IOI, Additianal Remarks Schedule, maybe attached If mare space is r�u 123 W Washington S1 South Bend. IN 46601 119 N Michigan St, South Bend, IN 46601 CITY CF SOUTH BEND 227 W JEFFER5ON BLVD South Bend Fax: Ernai ACORD 25 (201401) ED NAMED ABOVE FOR THE POLICY PERIOD DOGUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE S 1000000 1.1 PREMISES E acar S 1000000 MEP EXP (An on$ rrm) $5000 PERSON AL&ADVINJURY y 1WOOOD0 GENERALAGGREGATE S 2t)00000 PRODUCTS-COMPIOPAGG $ 20000M S c0?AeINEDSINGLE 1JMIT $ a &cc'adeni BODILY INJURY(PorpnrSan) S BODILY INJURY (Pefg=id¢nt) $ PROPERT Y VAAMA.E a ao 'dent S EACH OCCURRENCE S AGGREGATE S PER OTH- STATM Eft E.L- EACH ACCIDENT $ E.LDISEASE-EAEhiPLOYE S E-L-DISEASE-POLICY LIMIT S fired) SHOULD ANY OF THE ABOVE: DESCRIBED POLICIES BE CANCELLER BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESEK-TATIW IN 46601 0 1 QM2014 ACORD CORPORATION- All rights reserved. TheACORD name and logo -are registered marks of ACORD