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Home My WebLink AboutSidewalk Cafe - The General Deli and Cafe1316 COUNTY-Crfy BUILDING 227 W. JEJ717ERSON BOULEVARD Som,ii BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYCI BOARD OF PUBLIC WOVY S - May 8, 2018 John Barany The General Deli & CaI16 609 E Jefferson Blvd South Bend, IN 46617 RE: Sidewalk Caf6 — 609 & 613 E. Jefferson Blvd. Dear Mr. Barany: 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 Caf6 Permit outside your establishment at 609 & 613 E. Jefferson Blvd. on Monday to Friday from 7:00 am. to 11:00 p.m., Saturday, 9:00 a.m. to 11:00 p.m., Sunday, 9:00 a.m. to 9:00 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 Caf6 Application and the Agreement must be applied for annually, If you have any ftirther questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, -A 6ftl M. Martin, Clerk Enclosure Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department CyArty A. GILOT SUZANNA M. FRrrZBERG EIAZABETIi A. MARADIK JAMI:s A. Mlfl:;LLER TI IERESE J . DORA[ J TO: .9, SUBJECT: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 4/20/2018 Matt Longfellow, Engineering Department .k'�ederico Rodriguez, Fire Department dill Sciccitano, Downtown South Bend Larry Magliozzi, Area Plan ` Angela Smith, Area Plan ames Burns, Police Department Linda M. Martin, Clerk SIDEWALK CAFE RECOMMENDATION -The General Deli & Cafe LOCATION: 609 & 613 E. Jefferson Blvd DATE DUE: May 1, 2018 FAX OR E-MAIL TO: 235-9171 1 Imartin@southbendin.gov RECOMMENDATIONS AND COMMENTS: By Date 1 14 AGREEMENTFOR TEMPORI RY USE OF THE PUBLIC SIDEWALK FOR A DEWALK CAFt This Agreement is entered into this day of 20 by a 8615 City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, -1-111y j ana The General Deli & Cafe (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 The General. Deli & Cafe Address 609 & 613 E. Jefferson Blvd. City, State, Zip South Bend, IN 46617 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 caf&; 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 patties 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: 609 & 613 E. Jefferson Blvd. South Bend, IN 46617 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. D,ays/Hours of Sidewalk Caf6 Mon -Friday lam- I I pm Operation: Sat. & Sun 9w-_n- I I pin all times subject to change) Updated 05/201.7 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 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 Iitter 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 fiom 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: Title: Owner BOARD OF PUBLIC WORKS APPROVAL President M ber Member IVIem er Member Date Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFE, PERMIT 1'1'V"n1jT1111FNn INDIANA DATE 4/20/18 FEE PAID F-1 $ Applicant's Legal Name John M. Bat -any Title Business Name The General Deli & Cafe Address 609 & 613 E. Jefferson Blvd. South Bend, IN 46617 Telephone Number 574-220-6659 Proposed Location and Description of Sidewalk Cafd Owner Q tm.et tide seating for deli customers at caf6 tables and Dicnic tables facing Jefferson Blvd. on front sidewalk. Days of Sidewalk Caf6 Operation Hours of Sidewalk Cafe Operation Sun Moll Tues Wed 1- Thurs Fri Sat 9a-9p _ 7a-lIp 7a-I Ip 7a-I Ip 7a-1 Ip, 7a-lip 9a-ljp_ The following information is REQUIRED for completion of a Sidewalk Calld Application: I. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dimensions of proposed cafd 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 I, 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 from any liability, loss, cost, damage or expenses, including attorney fees, which the City may stiffer or incur as the result of any use of the public sidewalks for a sidewalk caf6 as permitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. 04/20/2018 Date John M. 13a�, 11 Printed Name Owner Title BOARD OF PUBLIC WORDS APPROVAL reidn Mgtnber Member )o (g Member Member Date RETURN FORM TO: 4 Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574),235-9251 e Fax: (574) 235-9171 4a (ZO/I . w. .✓")1 � rr 4� J LAV 102 CON 4 IH ,HST A 0 WORK ' 1 ME f�4,U G �f A � EN CERTIFICATE OF LIABILITY INSURANCE FDATE(MMfDDrrwY) a4120/2018 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 pollcy(ies) 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 The Leadership Insurance Agency, Inc. 52303 Emmons Road Suite 31 South Bend IN 48637 MOT David Giles FAMP, • 574-277-1611 FAx 574 273.4657 Aoaggm davIddIleadershIpins.corn INSURER(S) AFFORDING 00YRRAGE NAIC# INSURER • AUTO -OWNERS INS CO 18988 INSURED The General Deli LLC 609 E Jefferson Blvd South Bend IN 46617 I SU E INSUR R : INSURER INSURER E INSURER ne�tfbnw�±be. /�CbTIC1n ATC 1.1116ACCD. - Rr-wgi m r11l7MBFR' W THIS ,ISTO 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. 1NSR Iis TYPE OF INSURANCE S BR POLD ICYNUMBE POLIG EFF MM POLICY LIMITS A x COMMERCIAL GENERAL LIABILITY CLAIMB•MADE FRI OCCUR Y N 00013483 10/09/2017 10/09/201 B EACH OCCURRENCE $ 1000000 RENFFU s 300000 MED EXP Lft onepawn) $ 10000 PERSONAL A ADV INJURY s 1000000 GEMLAGGREGATE UMITAPPLIES PER: POLICY jEpT LOG OTHER., GENERAL AGGREGATE s 2GO0000 PRODUCTS -COMP10P AGO s i AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED HA REODS ONLY UTN.pyOB OE,lED AUTOS ONLY AUTOSONLY COMBINED SINGER rr (EA 299iftoll S BODILY INJURY (For Pmon) s BODILY INJURY (Pat ) s ROPFRTYDAMA{iE P. y 3 UMBRELLA LLAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE DEb I I RUSNTION $ WORKERS COMPENSATION AND EMPLOYER& LIABILMY ANY PROPRIETORMARTNERI&XECUTiVE Y j OFFIC£RIMEMBER EXCLUDED? (Mandatory In NH) Nyyees deeodbe wider DESL�RiPTION OF OP IS 6alow NIA PE OTH- E.L. EACH ACCIDENT $ E.L. DISEASE • EA EMPLOYEE s E.L. DISEASE • P UGY LiMrr s DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be allached If more apace 1e raquirad) City of South Bend Is additional insured with respect to General Liability. r%AKI r-1 I ATInKI V FrI\ila IV/11ti IlVtiv�l♦ — --- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of South Bond 1400 County City Building ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI7.E0 REPRESENTATIVE M South Bend IN 46601 Fax: Email: ACORD 26 (2016/03) qP TlJrit!-"LU7n ACUKU t;VnrUM I IUIM. n11 ngnls Idae,l%FWU- The ACORD name and logo are registered marks of ACORD