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Home My WebLink AboutSidewalk Cafe - The View Tavern1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD soi rrii BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BU1'TIGIEG, MAYOR BOARD OF PUBLIC WORKS May 22, 2018 Rebecca Ullery The View Tavern 515 E Jefferson Blvd. South Bend, IN 46617 RE: Sidewalk Caf6 — The View Tavcrn,- 515 E. Jefferson Blvd. Dear Ms. Ullery: PH09E 574/235-9251 FAX 574/ 235-9171 At its meeting held on May 22, 2018, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 515 E. Jefferson Blvd. on Monday to Saturday from 11:00 a,m. to 10:00 p.m. and Sunday from 1:00 p.m. to I 0:0O 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) 235- 9251 . Sincerely, Linda M. Martin, Clerk Enclosure c: Matt Longfellow, Engineering Toy Villa, Engineering Gene Eyster, Police Department GARY A. GILOT S(JZANNA M. FRITZBERo ELIZABEnt A. MARADIK JAMES A. M(JLLLER THERESE J. DORA() TO: FROM: SUBJECT: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 5/2/2018 Matt Longfellow, Engineering Department ederico Rodriguez, Fire Department )(Jill Sciccitano, Downtown South Bend }-,Larry Magliozzi, Area Plan XAngela Smith, Area Plan Katrina Roach Dawson, Police Department Linda M. Martin, Clerk,`' SIDEWALK CAFE RECOMMENDATION -The View Tavern LOCATION: 515 E. Jefferson DATE DUE: Mav 15. 2018 FAX OR E-MAIL TO: 235-9171 1 lmartin@sonthbendin.gov RECOMMENDATIONS AND COMMENTS: By Date WHEREAS, Perinittee 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 Address City, State, Zip WHERE -AS, the site for the proposed sidewalk caI16 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 caf6 at the location proposed will not be detrimental to the health, safety, or general welfare of the public. NOW, THEREFORE, consideration of the IIILItUal 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: 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: of Sidewalk Caff Operation: ("t ax VYA 1 LA,vt 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 caf6 between April I and October 3111 of any year. Updated 6/25/2012 2 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 31 st 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 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) 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 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 cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 05/2017 2 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 qj)provalldenial of this request will he 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 ember Member --/,I d' � J.2o ( g Member Member Date Updated 6/25/2012 4 Applicant's Legal Name Business Name Address Telephone Number Proposed Location and APPLICATION FOR SIDEWALK CAI t PERMIT CITY OF SOUTH BEND, INDIANA CaI16 I FEE PAID Days of Sidewalk Cafe _0perml_6n_ Hours of Sidewalk CaI16 Operation Sun Moll Tues Wed Thurs Fri Sat Tile following infori-nation is REQUIRED for completion of a Sidewalk Cafd Application: I. Completed/signed application, including a $ 10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placernent/dirriensions of proposed cafd 3. Completed/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/person, narning 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 frorn 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 caff as permitted herein. I do hereby certify and affirm that all the information given in this application is true tote best of my knowledge. Date rgna reofAphcarit Printed 1,!an-ic al ) Title aRD OF PUBLIC WORKS APPROVAL 4�4 President Member Member -7 Member Member Date RETURN FORM TO: Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46,601 Pliojie. (574) 235-9251 e Fax: (574) 235-,9171 * E-Mail: publicwks a; yl o 8 � tn��cy�c -3 J /6- or1 71 r -5- (-f K- THE CINCINNATI SPECIALTY UNDERWRITERS INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Attached to and forming part of POLICY NUMBER: CSU0053345 Effective date: 10/30/2017 Named Insured: T - Lee LLC; The view; Parkview Properties, Inc. LIMITS OF INSUF EACH OCCURRENCE LIMIT $ 1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $ 100,000 MEDICAL EXPENSE LIMIT $ Excluded PERSONAL & ADVERTISING INJURY LIMIT $ 1, 000, 006 GENERAL AGGREGATE LIMIT PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMIT CE FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART: Refer to Forms and Endorsements Schedule CSIA 406 Any one premises Any one person Any one person or organization $ 2,000,000 $ 2,000,000 COMMERCIAL GENERAL LIABILITY PREMISES SCHEDULE : Refer to CSGA 403 COMMERCIAL GENERAL LIABILITY CLASSIFICATION AND PREMIUM SCHEDULE: Refer to CSGA 408 Premium is subject to annual audit: [N Yes ❑ No TOTAL DEPOSIT PREMIUM $ 2, 665 Includes copyrighted material of ISO CSGA 50104 08 Properties, Inc_ with its permission. Page 1 of 1