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HomeMy WebLinkAboutSidewalk Cafe - Chicory Cafe1316 C OUWY-CITY BUILDING 227 W, JITFOl soN BOULEVARD Sour I BEND. INDIANA 46601-1830 11 * s �.U07%'11N.1X4JW_1d W-0 Philip Schoeber Chicory Cafe 105 B. Jefferson Blvd., Suite 103 South Bead, IN 46601 PHONE 574/235-9251 FAX 574/ 235-9171. RE: Sidewalk Cafe — Chicory Cafe - 105 B Jefferson. Blvd.; Cafe on Michigan St. Front only Dear Mr. Schoeber: At its meeting held on May 22, 2018, the Board of Public Works approved the application for a Sidewalk Cafe Permit in front of your establishment on Sunday to 'Saturday from 9:00 a.m. 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 -rip 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 cafe permit is only good between April 1 and October 31, 2018. Also, please be aware that a Sidewalk Cafe Application and the Agreement must be applied'for annually. 1f you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Lill a M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. Git.,m, SUZANNA M. FRIT BERG ELIZAI31:i`1 H A. MARADIK JAMEs's A. MUELLER THERESE J. DORAU DATE SENT: 5/2/2018 TO att Longfellow, Engineering Department e derico Rodriguez, Fire Department i j1� ll Sciccitano, Downtown South Bend XI-arry Magliozzi, Area Plan ngela Smith, Area Plan eKatrina Roach Dawson, Police Department FROM: Linda M. Martin, Clerk 4 SUBJECT: SIDEWALK CAFE RECOMMENDATION -Chicory Cafe LOCATION: 105 E. Jefferson ste. 103 DATE DUE: Mav 15, 2018 FAX ORE -MAIL TO: 235-9171/imilartin@s)uthbendin.gov RECOMMENDATIONS AND COMMENTS: By .— Date 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 of Permittee'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 cafd will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk cafd; and WHEREAS, the City has determined that operation of a sidewalk cafd 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: /b 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 cafd in front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe Operation:(-, "no P , Updated 05/2017 1 3) The term of the perinit 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 fiom 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 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 fi•om 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: BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member Date Updated 05/2017 APPLICATION FOR SIDEWALK CAFt PERMIT CITY OF Sourti BEND, INDIANA DATE -:)k-- FEE PAID Applicant's Legal Name Title Cer. Business Name C Address 24 Telephone Number Proposed Location and Description of Sidewalk Caf6 Days of Sidewalk Cafd Operation Hours of Sidewalk Calid Operation Sun Mon Toes Wed Thurs Fri Sat 241.6 G 1 11 I&AC I The following information is REQUII& D for completion of a Sidewalk C06 Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafd showing placement/dimensions of proposed cafd 3, Completed/signed Agreement 4, Certificate of Insurance ($1,000,000/occurance and $300,000/persoll, naming the City of South Bond 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 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 cafd 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. Date Signature of Applicant JC_ Printed Alt� (I , (") ' Title BOARD OF PUBLIC WORKS APPROVAL President Member Member Mdmber Member Date RE'rURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 * Fax: (574) 235-9171 11 ! � CERTIFICATE CIF LIABILITY INSURANC DATE(MM1llDiYYYY) 46/0312018 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 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 lleu of such endorsement(s). PRODUCER �C�PAM,TiC Michelle Harrell PHONEExl). nAIC 'No ; 574 674-9582 Randy Lellaert Agency Ino _..� ADD�ESS 410 Lincoln Way VV INSURER 8 AFFORDING COVERAGE � NAIC iR_.__..,..,. INSURER A: Illinois Casualty Coma Osceola IN 46561 _..._._.—_ — INSURED INSURER B ; Erie Ins. Co -INSURER C: _ .... Chicory Of South Bend, Inc 106 E Jefferson Blvd #103 INSURER D : _..w__.. _._._.. INSURER E: South Bend IN 46601 INSURERF: COVERAGES CERTIFICATE NUMBER. KEV161UN NUMIULK, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIME POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 TYPE OFINSURANCE ADDL SUBR POLICY NUMBER ..-POLIOY EYY POiDc&sflYY LIMITS LTR' X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,040!,004 X CLAIMS -MADE 0 OCCUR PR M� ES� aEoNccu r nce $ 1,040,040 A N N BP34927 0312812018 03128/2019 PERSONAL & ADV INJURY $ 1 „400,000 GEN'LAGGREGArE _ LIMIT APPLIES PER: POLICY F JF 7 LUC OTHER: GENERAL AGGREGATE $ 2,000,000 ,71 PRODUCTS - COMPIOP AGG $ 2,444,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED '* r SCHEDULED AUTOS LLNJ AUTOS NOWOWNED HIRED AUTOS AUTOS N N Q07-0630669 07/0612017 07/061201 g COMBINED SINGLE LIMIT �Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ s UMBRELLA UAS EXCESS LIAR OCCUR CLAIMS•MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS GOMPENSA I UN AND EMPLOYERS' LIABILITY S1iI ImKJT if ANY PROPRIETORIPARTNERIEXECUTIVE �Y!N EL EACH ACCIDENT $ 100,000 B OFFICER(MEMBEREXCLUDED4 L"' i NIA N Q677800181 3/28/2018 3/28/2019 (Mandatory In NH) E,L. DISEASE -EA EMPLOYEE $ 100,000 II' os describe under D S RIPTION OF OPERATIONS below E.L. DISEASE - POLICY I.AMIT $ 500,004 A Liquor Liablty N N LQ1064070 05/1912017 05/16/2019 $1,000,000 DESCRIPTION' OF OPERATIONS/ LOCATIONS i VEHICLES (ACORN i0l, Additnal Remarks, ,ghPduI may he attached If more space Is required) cap 1CNr*Arr iUr"r MM (.AKV..I-I I ATIONI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of South Bend 227 W Jefferson Ste 1316 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. South Bend, In 46601 AUTHORIZED REPRESENTATIVE w � fir. �-.�..:;r,,.°��-„�_.. •'�h^���.�':�* —, k a,x: LI air .uJ rOuts-zwq muvmL.r+. umt'urim I rvi c mi' r iyriat� i uzSvr vay. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 03 2018 04:18PM Lee insurance Group 5742332522 page 1 TIFICATE ©F LIABILITY INSURANCE DATEIMM)DDIYM) HES CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN' THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the Certificate holder is an ADDITIONAL INSURED, the polloypes) must be, endo►ser�. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain )alleles may require an endorsement_ A statement an 'this certificate does not confer rights to the certificate holder In lieu of such end_ ot'sement(s). IPRODUCBR L,Re Insuxaance Group 331 S. Eddy street P.O. Best 1975 South Bond IN 46617-1975 INSUREM r-LGO LT-C, DBA: The View easkview Properties, Inc 515 S Jefferson Blvd South Bend IN 46617 NAME; vQ I" $Ilan wDona7.d..... 7 PHDNE 71 (574} 234-7788 FAX IAIC. Not- (574) 233-2522 B v :ovF=RAGES CERTIFICATE NUMBER-17/18 :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. NOTWTHSTANDING 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 CLAIMSSR I _ R TYPE OF INSURANCE A DL UB X COMMERCIAL GENERAL LIABILITY POLICY EFP POLICY El(P CYNUMBER !D UMITS 4 CLAIMS -MADE Fxl OCCUR EACH OCCURRENCe S 1,000,000 DA GE TO RENTED C9U 0053345 20/30/2017 PREMISES Ea000armn 10/30/2018 MED EXF (An one person) S 100, 000 8 gxcaluded B 1,000,000 GEN'L AGGREGATE LIMIT APPL IDES P SR: X POLICY 0 JjECT F—] LOG PERSONAL & ADV INJURY GENERAL AGGREGATE S 2,000,000 s 2,000,000 OTHER: PRODUCTS -COMPIOPAGO S AUTOMOBILE LIABILITY ANY AUTO I COMBINED SIN LE LIMIT tC de I 8 '•`�• $ ALL OWNED SCHEDULED AUTOS AUTOS NO OWNED HIRED AUTOS AUTOS BODILY INJURY (Porperson) BODILY INJURY jPeraWdent) PROPERTY DAMA E Per a (dent $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S PXCeSSLIAB CLAIMS -MADE $ DED RETENTION AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS, UAW LITY Y/N ANY PROPRIETORIPARTNERIEXECUTWE OFFICERIMEMBER EXCL OED7 ❑ N/A (lkaradalary In NH) 09021126 10/6/2017 Iayyas,dascrllta trrder DESC TION OF OPER TION5 b w ' � STATUTE 01 R - E.L. EACH ACCIDENT 10/6l2018 E.L. DISEA5E • EA✓;MPLOYE E.L. ❑aSFA�K _ oni Irty r u,ir I s 500000 S SOD 000 , ICR(PTION OF OPERATIONS I LOCATIONS! 1/EHICLES (ACORD 101. Addlhonal Remarks Schedule, may Iaa attached trmare $peas Is requ(red) ty Of South Send is additional insured With regards to general liability coverage r4) 235-9928 City of South Bond 227 W. J`offerson E31vd South Bend, la 46601 )RD 25 (2014/01) 125 (2DI401) SHOULD ANY OF THE A90VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTAnVE Patrick Kennedy/EiIM @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD flcol(y Wo�umn Chicory Cafe 105 East Jefferson Blvd Suite 103 South Bend, IN 46601 574-234-1141 This is our proposaiil for a temporary sidewalk cafe" - The new building owner has asked us not to place tables next to the building, so we would like to us,d the Ime area R. s last year.