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Home My WebLink AboutSidewalk Cafe - Frank's Place1316 COUNTY-Cin BUILDING 227 W. JEFFERSON BouLEVARD SOUTH BFND. INDIANA 46,601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYr"' BOARD OF PUBLIC WORKS I May 8, 2018 Nick Linarello Frank's Place 327 W. Marion St. South Bend, IN 46601 RE: Sidewalk C66 — 327 W. Marion St. Dear Mr. Linarello: lltiom; 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 327 W. Marion St. on Sunday to Saturday from 11:00 am. 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 open sidewalk for pedestrians and ADA access. 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 Cafd 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 a M. Martin, Clerk Enclosure Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. GILOT SUZANNA M. RzITZBERG EI-iZABETH A. MARADIK JAMiis A. Mt&�LLF,R THE'RESE J. DORAIJ INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: TO: att Longfellow, Engineering Department ederico Rodriguez, Fire Department *Jill Sciccitano, Downtown South Bend ,Larry Magliozzi, Area Plan Angela Smith, Area Plan lames Burns, Police Department FROM: Linda M. Martin, Clerk 4/20/201 S SUBJECT: SIDEWALK CAFE RECOMMENDATION-Frank's Place LOCATION: DATE DUE: FAX OR E-MAIL TO: 327 W. Marion St. Monday through Sunda 11:00 a.m. to 11:00 p.m. 235-9171/Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date afi (hereinafter, "Permittee"), WHEREAS, Peri-nittee 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 NameFravkr-s -k-A,2c(n, Address City, State, Zip 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 caf& 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: W. w IV 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- Days/Hours of Sidewalk Caf6 s U Operation: 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 c66 between April I and October 31 11 of any year. Updated 6/25/2012 2 SpYlTlt QE':. INSTRUCTIONS SIDEWALK CAFt 1865 1. Complete both the Agreement and the Permit Application documents Please remember: a. Indicate your business' address b. Indicate your business hours of the sidewalk cafe operation c. A description of the location of the sidewalk caf6 d. Attach a drawing or the location to the Agreement 2, Signature and contact information is required 3, Return Agreement, Permit Application and your payment to: Board of Public Works 227 West Jefferson 1316 County -City Building South Bend, Indiana 46601 Phone: (574) 235-9251 Fax: (574) 235-9171 E-mail: publicwks@southbendin.gov 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 cafe 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 caf6 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 caf6. 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 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. Updated 6/25/2012 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: �� 11 Permittee Signature: r Name: Title; BOARD OF PUBLIC WORKS APPROVAL � �- President Meta er Member (/k:7�' Member Member Date Updated 6/25/2012 4 APPLICATION FOR SIDEWALK CAFE PERMIT ` DTE A / c CITY OF SOUTH BEND, INDIANA 63 - �ry - �j FEE PAID $ Applicant's Legal Name 15:f2�Cf Title Business Name Address ST. Telephone Number �j j" Proposed Location and Description of Sidewalk Caf6 414ee 1 Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat ! f-l1i 5 The following information is REQUIRED for completion of a Sidewalk Caf6 Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed caf6 3. Completed/signed Agreement 4. Certificate of Insurance ($1,000,0001occurance and $300,000/person, naming the City of South Bend as additional insured) AFFIRMATION I, the undersigned, agree that I will abide by all of the provisions of Section 18-I5 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 publ' Iks for a sidewalk caf6 as permitted herein. I do hereby certify and aftirm that all the information en in this a cation is true to the best of my knowledge. Date Signa Applicant 14 A L Printed Name Title OARD OF PUBLIC WORKS APPROVAL Presidenty M ber Member Member Member Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, 1N 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 9 E-Mail: publicwks@southbendin.gov W Marion St 3815 'A, Moi mi iSt - Google Maps tmacje ooptuie: Sep 2011 -E- 2015 Gooql,? 4[P:; , f0aniiii, S( � i IN t OM ll-@41.68174 1.• 86.255173.3a,?5y.'W6.421i.'2.04Vcialam!3i)171 it? 1 KIII) 51 1SXyVV 327 Vi ViLp al 5t - Goug* Maps lw,icjerj 1 201. 5 ("cogle, Map data 'e)201 5 Google 50 ft 1 68174 1 'l- W 255 1713. 12711 tidata=;Mj I i 1 a314n. i2l M i 1 i5Ux88 I (-cd4,Vb 0 ACCI► V CERTIFICATE OF LIABILITY INSURANCE DATE (MM001YYYY) 04/111201 s 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 t3Y 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 Bolder s 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 rigtlts to theI certificate Holder in liett of Such endorsement(s). Randy Leliaert Agency Inc Lincoln Way W Osceola IN 46551 CONPRODUOCK Michelle Harfell FAX (674 674-9582 No:410 FIN1,AW01 INSURERMAFFORUINGCOVERAGE NAICN INSURFRA: Illinois Casualt Com any 000000 INSURED Frank's Place 327 W. Mallon St. South Bend. IN 46601 INSUiiE_R 9 t Illinois Company ..... -- -- ---- 000000 _Easualty INSURERC: IlfinoiS Casualty ComY1 any 000000 INSURER 0: INSURER C INSURERF— IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BFLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS 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, DDL SU8F2' - POLICY EFF POLICY EXP ILTR TYPE OF ENSURANCE POLICY NUM9ER fAWODIYYYY MMI17DA'M LIMITS X COMMERCIAL GENERAL LtABIL11Y EACH OCCURRENCV $ 1,000,000 DAMAGETD ENTEO $ CLAIMS=MAOE OCCUR PREMI Ea occu Ice $ MED EXP(Any one p&sonj A N N BP88296 011011201E 01/01/2019 PERSONAL & AOV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ POLICY PRO ❑ LOC $ JECT OTHER: COeccidentSINGLELIMIT $ AUTOMOBILE LIABILITY BOUILYINJURY (Per pefs0n) S ANY AUTO RODILYINJURY (Per aceldenl) $u ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE a accident $ HiREDAUTOS AUTOS $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE C EXCESS LIAB_ CLAIMS-MAUE N N UL16829 01101/2018 01101/2019 OCD RETCNTIDN$� ER H _ $ WORKERS COMPENSATION STATUTE ER _. AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOWPARrNERIEXECUTIVE E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYE 5 OFFICL_RtMEMHER EXCLUDED? NNIA ❑ (Mandatory In NH) E.L. DISEASE- POLICY LIMIT $ IFgqos dasuibeunder DESL�RIPTION OF 0PE!2AT10N5 be'rnv C LIQUOR LIABILITY N N Lt_100697 01f0112018 0110112019 DC5CRIPTtON OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedala, may ba anechad If more space Is required) GERTtf IUA E-_ HOLULK k /Alll .r U_L 11v14 CITY OF SOUTH BEND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 125 S LAFAYETTE BLVD STE 100 THE EXPIRATION DATE THEREOF, NOTICF WILL BE DELIVERED IN SOUTH BEND, IN, 46601 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ Fax: Email: O 1968-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks Of ACORD