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Home My WebLink AboutSidewalk Cafe - Bruno's Pizza1316 COUNTY -CITY BUILDING 227 W, JEFFIRSON BOULEVARD SOUTH BEND. I NDIANA 4660'1-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 8, 2018 Alicia Shea Bruno's Pizza 131 S. Michigan St. South Bend, TN 46601 RE: Sidewalk Caf6 — 131 S. Michigan St. Dear Ms. Shea: PHONE 574/235-9251 FAX 574/ 235-9171 At its meeting held on May 8, 2018, the Board of Public Works approved the application for a Sidewalk C66 Permit outside your establishment at 131 S. Michigan St. on Sunday to Thursday from 11:00 a.m. to 9:00 p.m., and Friday to Saturday from 11:00 a.m. to 10:00 p.m.to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is five feet of open sidewalk for pedestrians and ADA access. This permit is for the set-up of the cafe 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 1 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. GILOT SUZANNA M. FRrrZBER(, EUZABE'rut A. MARADIK JAmr.s A. MUELLER THERESE J. DORAU TO: SUBJECT: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/25/2018 uMatt Longfellow, Engineering Department ederico Rodriguez, Fire Department JIII Sciccitano, Downtown South Bend Harry Magliozzi, Area Plan Angela Smith, Area Plan atrina Roach Dawson, Polige Department Linda M. Martin, Clerk SIDEWALK CAFE RECOMMEN DATION-Bruno's Pizza LOCATION: 131 S Michigan St DATE DUE: May 1, 2018 FAX OR E-MAIL TO: 235-9171 1 Imartin(&southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFf!, This Agreement is entered into this 24 day of April , 20 18 , by a City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, t-ILY ) anu ARM (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf6 in front of Permittee's business at: Business Name Bruno's Pizza Address 131 S. Michigan Street City, State, Zip South Bend, IN 46601 WHEREAS, the site for the proposed sidewalk caf6 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 caf6 will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk caf6; and WHEREAS, the City has determined that operation of a sidewalk caf6 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 1.8-15 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: 131 S. Michigan Street, South Bend, IN 46601 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 caf6 in front of the above referred to address during the hours of: of Sidewalk Cal'6 Operation: Sunday - Saturday 11 am-1 Opm 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 1 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 cafd 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 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 of approvalldenial of this request will 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: Permittee Signature: Name: Alicia Shea Title: Manager BOARD OF PUBLIC WORKS APPROVAL MePer Member Member Member yo Date Updated 05/2017 3 1 #i " , IT ill APPLICATION CAR SIDEWALK CAA F PERiVII"t p k CITY OF SOUTH BEND, INDIANA " r DATE Aj2A12018 FEE PAID E] $ Applicant's Legal Name Business Name Address Telephone Number Alicia Shea Bruno°s Pizza. Title Manager 131 S. Michigan Street, South Bend IN 46601 574,234.2222 Proposed Location and Description of Sidewalk. Cafe am --0]rZ1MAQI [01it._ Days of Sidewlk CaI56 Operation flours of Sidewalk Cafi6 Operation ►+nn��n�r:i�r�wr.��.s+�a� a��.��■.��,.. The following information is REQUIRED for completion of a Sidewalk Cafe Application: l . 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/person, naming the City of South. Bend as additional insured) AFFIRMATION 1, the undersigned, agree that 1 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 its this application is true to the best of my knowledge. 04/2412018 ° Date Signature of Applicant Alicia Shea Printed Name Manager Title BOARD OF PUBLIC WORKS APPROVAL A) President Me be Member Merrrber Member Date RETURN FORM TO: Board of Public Works 1.316 County -City Building 227 West Jefferson Boulevard South fiend, IN 46601 Phone: (574) 235-9251 9 Fax: (574) 235-9171 IP it 04/10/10 13:56:40 5742911597 —> 574 Z34 8338 Stacey Gunn Page BBZ OAM iMWPVffYYYI sl - -- CERTIFICATE OF LIABILITY INSURANCE _ _ 0411 arzal $ THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER'1`00ATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E)I.TENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTINCATE OF INSURANCE DOES NOT CONSTITUTE A CONFRACT BETWEEN nlE ISSUING W3URPR(3), AUTHORI'LEO REPRESENTATIVE OR PRODUGERf AND THC CERTIFICATE HOLDER. IMPORTANT: If the cartificals holder is an ADDITIONAL INSURED, the polioy(los) must have ADDITIONAL INSURED provisions or 6e endorsed. If SUBROGATION IS WAIVED, subj2Lt to the terms and conditlonts of the policy, oortain policW may require an andorsemrrnt. A statement an this certificate does not confer rights to the oellltiCate holder In Ileu of such endormnen s . PRODU_.........,.,...•, ..... Orin StaseyGunrl $tatt0Far.1lsLG.l9uvdoHs .fruc,lg°.k'Fm Ede Guenther Hrurir~.. ,.,_.. 578-291_15P7 Aik.__..__.....--9i-b32 — _...l.,...2".,.,1�------ 411 E Ireland Rd Suite 100 yA stacoyqunn5ZhDIm8i1.COm South Bend, IN46514• INYU,RRRts)aFPaRUING 0OVERAGq — NAI4N IusuRElt A: State Farm Fire 811d Casualty Company 26143 J Weldy LLC 1N5UrieRc_ 131 $ Michigan St South Bond, IN 415fJ01 UiSItRER H : - IrvWIM P Cr1VDRAiMRR r_r-RTINWATR MIJWWO• 12VVIRIAN NriMRFQ, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS-$UEU TO TmE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TCRM OR CONDITION OF ANY CONTRACT OR OTHER DOCI)MENT VOTH RtiSPCCT 7O WHICH THIS CERTIFIC.ATF- MAY DE ISSUED OR MAY 01,0TAIN, THE INSURANCE; AFFORDED DY'rHE POLICIIEv DESCRIED HCREIN IS SUBJECT TO ALL THE TERMS, EXaLISIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY RAVE- BEEN REDUCED BY PAID CZAR 48, 'RYR a pA;�rraR 0 L POI.i�CY T:Y TYFEOFINSUAAN�e LIMITS P-1C- NyM38t[- -.---' .'i: OWN. (;OMMERCIALOKNERALLIABILITY I EnaF;rxc�A�It�Ncc t 1,D09:DDb f I Ti'7ifut"" f` GCI'RENTES""'} 1,0i1 m CLAINiu rdADE JfNj CJCGUk ..R `I,IAl�tt„�ke.d!c.JanGA,� 1000 1 — i $ 5,000 ? MR) Path (Any mw PK°M)) t 8a•(�a-Tlii7-9 U8rb1r�0tr bt11011Zb18 s ----- -r IPERSaNAL&ADVINJURY GzN'l, AOGREGATF. LIMIT APPLIPA PER' rEnrEZAL Ap4RCF;ATF. _Z,DQ_Q.ObD & 2.00D,401) - POLICY M J eT I.� i.00� PiEGOI]LT$ • C(]MPfr,W AG3 S 2,000-000 ry CITH 3 .� AlfiOMOMMEUAB{WTY ..W ' _ C' M IIVFI) INQLRLIMIT F .a rsoudenl .... f 5 ANYAIITO UOPILYINJURY(PwPeroO(o) ;4 O'ATfe6 '+CFIEi?r]LED AIIr[CjjS QNt,Y AIITIJS l e U(][}ELY INJURY {P9f grt:ld9rx} l S .. Nlit£r[T 140N•UN'NL.!7 i 'sICL1?ER><Y f�AMAraE M • A4C1ti TUNLY IA1)Tf)SONLY jihrrGc�Actr: ._,.,_,.—_,._..�.,,.•�,,,�,.,,",,,_...._.___ t r UMBRELLA Loci 7C{ I)R #J4C I OCGVRRENt;ki i ExC@SS URA G! gIN8d1a"JE 7'CiOR Mi# tTl ....__. 3 RiTENTiC1hr t ';1NPRKE"COMpENSATION� ; AND EMPLOYERS, WAMLrTY #ANYPROPRIETOFYPARTW---Rlr.KE(]UTiVE r�"'"H'j,NrA I=L.FrLi:HACCIDGif'C 3^•_ ._.—._.. Orr•TCERR,'IEMBER J(C,t,UV.:07 S , �wlntklmlolq(IQUJyJ)D {Flantlalory In NN) E716EASG-EA GfiIP1.0Y$E S ulkdtl( OFopt'R )9Uv,Stwl,rri ? E-1-DISC-Ase.P01,CYUMIT 5 PiSCRN'1lONOP6PERATIROWLOCATIONS JVEHICLe$ IACURD101,AddidoAllRemarhStrrcdyfn,FrinyDoF0lclhtd0rmmspaoelsrogWr*d► Pizzo Restaurant C1=01rirIrATr- unl IN= rAul^Cl I ATIAM SHOULD ANY OF THE A..00VE OE90910110 POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N4TiCF WILL BE DEUVoRED IN City of South Bond 1045 W Sample St .South $@nd, IN 40019 ACCORDANCE Vd7N THE POLICY PROVIBI 11110C11PL61NTAT F � 7L.r�-wL' -- ---, e, 7888-2 6 JCORD CORPORATION. All right* reserved. ACORD 25 (2016103) The ACORD name and [ago are registered marks of ACORD tr4l`tpa W449.12 0-14-20118