Loading...
HomeMy WebLinkAboutSidewalk Cafe - Woochi Japanese Fusion & Bar1316 COUNTY -CITY BUILDING 227 W'. JEFFERSON BOULEVARD Souju BEND, INDIANA 46601-183,0 June 12, 2018 Jeremy Young Woochi Japanese Fusion and Bar 123 W Washington Street South Bend, IN 46601 RE,: Sidewalk Caf6 — 119 N. Michigan Dear Mr. Young: PHONE 574/ 235-,9251 FAX 5741235-9171 At its meeting held on June 12, 2018, the Board of Public Works approved the application for a Sidewalk Caf6 Pen -nit outside your establishment at 119 N. Michigan on Monday through Friday, 11:00 a.m. to 10:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m. and Sunday from 12:00 p.m. to 9:00 p.m., subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, ADA requirements are met, and there is five feet of usable sidewalk for pedestrians. This permit is for the set-up of the cafd 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 pen -nit is only good between August 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 GARY A. GILOT SUZANNA A FRITZBERG EIIZABYL­rn A. MARADIK JAMFs A. MUELLFR THERE'SE J. DORAU W-I BmIrld of Pul-Ac, Wolirk""." 227OV,kilPia irson 1 °11 tl 6 County CIJIY IB41111ru Sr)uflii Bencl, IIU 46(301 Phone� (574) -92511 (574) ?1 HI Linda, This is Jeremy Young from Woochi Japanese Fusion & Bar. We are submitting the application for Sidewalk Caf6. You will find 2 applications enclosed. The reason of that because our restaurant is relocation around August. We would like to apply for both locations in advance. So, there will not be a timewise gap before and after we moved. Thank you. Warm regards, M Jererny Young Managing Partner F"' IJ (11""") N & BAR r"el. (!" )74) 281'1-2222 '123 01 VVashrilcftm SL 11 -) r)Ij t,� 111, c 0 rn F�ax (57,1) 2319-222`5 HNi 4(31301 k4o@�D,uW, AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this C-1-h day of , 20 19 , by a City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, .. 4 L . mr +� _ a !7 r (hereinafter, "Permittee"). -airy ) anu WHEREAS, Perrnittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk cafe in front of Perinittee's business at: Business Name \-P00A i 049"ese Two ,n 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 Perinittee 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 cafe will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk cafe; and WHEREAS, the City has determined that operation of a sidewalk cafe 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: 11 N �t �'% . ou�l �► gan� . :ttl 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 cafe in front of the above referred to address during the hours of- Days/Hours of Sidewalk Cafe Operation: 1 ` Am r i I PM Updated 05/2017 3) The tern 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 1 and October 3151 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 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 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 fiirniture, 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) Pennittee 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 $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk caf6 operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 05/2017 2 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification of approval/denial of this request will be issued by return of this fornr, upon signed authorization by the .board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: ow f 0$ gol b Permittec Signature: Name: �own Title: AdnGt he!` t BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member 0f $ Date Updated 05/2017 DATE Applicant's Legal Dame Business Name Address Telephone Number APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA FEE PA Title 'v, �T{ pb`� woo C 1 i too ��' Proposed Location and Description of Sidewalk Cafe j3' Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat I Z I��at I�M7 G Ilfl�►7 �G.0 11 MI 2-tv The following information is REQUIRED for completion of a Sidewalk Cafe Application: 1, 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 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 fi•orn 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 in this application is true to the best of my knowledge. / WLu 2018 Date Signature of Applicant Printed Nan Title BOARD OF PUBLIC WORK APPROVAL i if A"�G�A� President Member Member Member Member Date RETURN FORM TO: 4 Board of Public Works t316 County -City Building 227 West Jefferson Boulevard South Send, IN 46601 Plione: (574) 235-9251 • Fax: (574) 235-9171 LU 'i1 q o wSnuit srs5'r[srrs:xe�d Gr�res'rrs �4scrtsrzs �ssrvurnw'u3H�'�l�m�urr�sr�r au� �at+c3uarnuswaauaauv -:)NI ` 03 Noi.LDnm1"kl SN03 t ` _ SN NOW lcmao NOMNYa awt��o is {�6 v (s1az-OC-Co)J. ale C4 Apr 1018 04,49p p.2 DATE" (MMtDDrYYYY) C� CERTIFICATE OF LIABILITY INSURANCE 0411_0f2018 THIS CERT11FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ei4LDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTENT) 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 lI the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requirean endorsement. A statement on this certificate does not confer rights to the certificate h older in lieu of such endarsemenl s . conrA GA ZODUCER NA SteveMcNeil PHONE AUC Nn : 5742328232 IdTldge Insurance E-MAIL 323 North Ironwood NAICN outh Bend ISURED Woochi,lapanese Fusion & Bar, Inc. 123 W Washington 51 IN 46615 ;OVERAGES CERTIFICATE NUI4mBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR INDICATED. NOT11WHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBE at-luc &tin nnMMITIONS OF SUCH POLICIES. LIMITS cwnwN ItMY HAVE BEEN REDUCED BY PAID CLAIMS T R R. --- — - 7}'Pe OF INSURANCE OL B—R X COMIAERCIAL GENERAL I" ILITY CUUMS-WADE S] OCCUR A N N Q97-' GEN'LAGGREGATE'MIT APPLIES PER: POLICY ❑ ACT LoC OTe1 ER: AUTOMOBILE: LtA91LITY ANY AUTO ALLsCHEDULED 4ISNNED ITAUTOS NON -OWNED NIREDAUTOS AUTOS URABRELLA ! IAB OCCUR EXM$SLIA$ CLAWSWADE ©ED RETENTION WORKERS COMPENSATION AND EMPLOY ERSLIABILITY YIN ANy TORIPARTNERYEX ECUTIVE N A OFFICER.,VEMBER EXCLUDED? ❑ (Maodateryin MIA) If yas, descnha under DESCRIPTION OFOPERATIONsbetow DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACOR0 1 DI, Additional Remark s Sehedute, maybe attach ed It more spare k3 reQ 123 W Washington St South Bend. IN 46601 119 N Michigan St, South Bend, IN 46601 26271 rV+iY1.1 A111��0=01 °D NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS 0 HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE 10000DO DAMAGEO PR IS 5 EaorI s 10000w a 5002 iAN) EKP V0Y0n9P0fWft) PERSONAL &ADV INJURY S 1000000 GENERALAGGREGATE i 2000001) PRODUCTS -COMPIOP AGO s 2000000 3 COAI.9INEO SINGLE LIMIT g a rdenk OODILYINJURY Ferparson) $ BODELYc4ju;tY(Per atcident) $ PROPERTY DAMAGE $ arac dent 3 EACH OCCURRENCE S AGGREGATE $ SFA UTE CA E-L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY UM IT $ irCd) CERTIFICATE HOLDER CANCELLATION CITY OF SOUTH BENT) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 227 W JEFFERSON BLVD THE EXPIRATION DATE THEREOF, NOTICE; WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED RErPRESEKTATLVr. South Bend ACORI) 25 (2014101) C) 1988-2014ACORDCORPORATION_ All rights re3serVed. The ACORD name and IOgD are registered marks of ACORD