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HomeMy WebLinkAboutSidewalk Cafe - Hideaway at The LaSalle1316 COUNTY -CITY Buii.DING 227 W. JUTFERSON BOULEVARD Sourif BEND, INDIANA 46601-1830 CITY OF SOUTH BEND PETE BuTTiGiEG, MAYOR BOARD OF PUBLIC' WORKS June 26, 2018 Jerry Roberts Hideaway at The LaSalle 237 N, Micbigan Street, Suite B South Bend, IN 46601 RE: Sidewalk Caf6 — Hideaway at The LaSalle Dear Mr. Roberts: 1'140M574/235-925 FAX 574/ 235-9171 At its meeting held on June 26, 2018, the Board of Public Works approved the application for a Sidewalk Cafd Permit outside your establishment at 237 N. Michigan Street on the LaSalle Ave. side of the building, on Wednesday through Monday from 2:00 p.m. to 12:00 a,m, subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and ADA requirements are met. 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 Caf& Application and the Agreement must be applied for armually, If you have any further questions regarding this, matter, please call this office at (574) 235-9251. Sincerely, Linda M. Martin, Clerk Applicant's Legal Nanic 4f'ry h ohrfs Title Business Name Address Telephone Number 4-z&U- R�6!2 Proposed Location and Description of Sidewalk C-66 Days of SidowalffCW Operation Hours of Sidewalk CafO Operation Sun Mon I 'Nos Wed "Thugs Fri Sat 2-/z 212--12Z 'Z-/�-121 Z-1 � The following information is REQUIRED for completion of a Sidewalk Cafd Application: 1. Completed/signed application, including a $10,00 fee 2. Drawing(s) and description of proposed sidewalk cafd showing placenicnt/diniensions of proposed C06 3, Completed/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/persoji, 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 hidermft defend and hold harmless the City of South Bend fi-om 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 sidowalk, caM as permitted herein. I do hereby certify and affirm that all the information given hi this application is true to the best of my knowledge, Date ?-'—'-Signato6of Ap ljoant Je, r r7awm Printed Nan Title Pies"—ident 0MeiqiibeLr L11jL Member Member RE TURN FORM TO: Board of Public Works 1316 COLRAY-City Bultding 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 6 Fax: (574) 235-9171 M#ber Date 4 AGREEMENT FOR TEMPORARY USE THE PUBLIC SIDEWALK FOR A SIDEWAL This Agreement is entered into this &U day ofj�, 20 City of South Bend, Indiana, by and through its Board of Public Work (hereinafter, "Permittee") 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 "+ t,"Q of `-a Address 2 7 V Mkh,' City, State, Zip � WHEREAS, the site for the proposed sidewalk cafd 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: 1�3-) 41, 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 �, � � R Operation: Updated 05/2017 1 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 311 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 fiont of any other business other than Permittee's. 6) The placement of the sidewalk cafd 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 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 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 cafd 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 approvallelenial of this request will he issued by return of this form, upon signed authorization by the Board of Public Works. IN WTI-NESS WHEREOF, this Agreement was executed on the date first written above. Date Permittee Signature: Name: 7 Title: e lau, & 4 1 e BOARD OF PUBLIC WORKS APPROVAL President Member N?rob e r Member Member / V Date 4; ' / 1�2_ 6 Z,;2 c, Updated 05/2017 4 a 0 s C M a CERTIFICATE.. THIS CERTIFICATE IS ISSUE[) AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HO[.PER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL78R 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 certifwate holder is an ADDITIONAL INSUt2ED, the poileyfles) 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 Ileu of such endorsement(s). _ PRODUCER LL ARR E3haffer tnR1.ua ra- kiFv-- I, try., 17!a Miami St Soutri Send IN 11131313 .........:.. INSURED J AND B AT THE HIDEAWAY LLC DBAi THE HIII)EAWAY AT THE LASALI 237 N MICHIGAN ST, SUITE Et 50iUJ'H SEND IN 46601 574-234.1224 INSURER A: MOUNT VERNON FIRE INSURANCE COMPANY [NSUREfta: LIBERTY MUTUAL INSURNACE _ - 7243 misufi C Ira6UaF� b rsrvse�br_�c ['6I3Y'i6il"ATsw lJtIMr�GI�• I�PVISIt7N NtI9.lBER: THIS Is TO CERTIFY THAT THE POLICIES OF IINSUPANIGE USTE0 eELQW HAVE DI:IEN ISSUED TO THE INSURED NAMED A13OVE FOf2 THE POLICY PERIOD INMGATED. 340TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Or ANY OONTRACT OR OTHER DOCUMENT 'NI"m RESPECT TO WHIGH THIS CERTIFICATE MAY UE ISSUED OR AWAY Ki �` AIN, THE INSURANCE AKGROEL) ElY THE POLICIES DESOMSED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCFI POILICIES. 0MR-5 SHOWN MAY HAVE. REEN REDUCED BY PAfD CLAIMS. TYPE UMIT$ �TYPE Of £HSURANCEMH PirLkCYitUhTBER fF�FJI@�PiYYY I idlDEhr I OPKRAL LIAS&n-Y FACIi rZi;0F.RfI"ti:E I }' i C{}5,Iw1ERr LSL GEtSEi�f,L LIA$iLiTi' .... 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ACORD 28 (2010105) The ACORD namo and logo are regi 188S-2010 ACORD CORPORATION, All rights ratervied. rks of ACORD Gfear All Raschelle Carey I From: Larry Magliozzi <LMagliozzi@sjcindiana.com> Sent: Monday, June 04, 2018 4:48 PM To: Raschelle Carey Subject: RE: Sidewalk Cafe Recommendation -Hideaway at the LaSalle This use appears to be entirely within the public right-of-way. Zoning requirements do not apply. -----Original Message ----- From: Raschelle Carey [mailto:rcarey@southbendin.gov] Sent: Monday, June 04, 2018 3:16 PM To: Matt Longfellow <mlongfel@southbendin.gov>; Federico Rodriguez <frodrigu@south bend!n.gov>; Jill Scicchitano <Jills@downtownsouthbend.com>; Larry Magliozzi <LMagliozzi@sjcindiana.com>; Angela Smith <ASmith@sjcindiana.com>; Katrina Roach <kroach@southbendin.gov> Subject: FW: Sidewalk Cafe Recommendation -Hideaway at the LaSalle Please Provide Recommendation. Raschelle Carey Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 (574) 235-9197 Rcarey@southbendin.gov -----Original Message ----- From: SouthBend Sent: Monday, June 04, 2018 3:22 PM To: Raschelle Carey <rcarey@south bend in.gov> Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 06.04.2018 15:22:10 (-0400) Queries to: southbend@southbendin.gov IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended recipient is strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality. If you have received this E-Mail in error please immediately delete it and notify sender at the above E-Mail address. Please note that incoming a -mails are not routinely screened for response deadlines, and as such, please notify the sender separately by fax of any message containing deadlines. In addition, E-Mail information cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does not accept liability for any errors or omissions in the contents of this message which arise as a consequence of E-Mail transmission. If verification is required, please request a hard -copy version. Raschelle Care From: Katrina Roach Sent: Monday, June 04, 2018 3:34 PM To: Raschelle Carey Subject: Re: Sidewalk Cafe Recommendation -Hideaway at the LaSalle Rashelle, We have no issues on our end. Off Dawson From: Raschelle Carey Sent: Monday, June 4, 2018 3:16:11 PM To: Matt Longfellow; Federico Rodriguez; Jill Scicchitano; Larry Magliozzi; asmith@sjcindiana.com; Katrina Roach Subject: FW: Sidewalk Cafe Recommendation -Hideaway at the LaSalle Please Provide Recommendation. Raschelle Carey Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 (574) 235-9197 Rcarey@southbendin.gov -----Original Message ----- From: SouthBend Sent: Monday, June 04, 2018 3:22 PM To: Raschelle Carey <rcarey@southbendin.gov> Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 06.04.2018 15:22:10 (-0400) Queries to: southbend@southbendin.gov Raschelle Carey From: Federico Rodriguez Sent: Monday, June 04, 2018 3:34 PM To: Raschelle Carey Subject: RE: Sidewalk Cafe Recommendation -Hideaway at the LaSalle Favorable SBFD Federico (Chico) Rodriguez Fire Marshal Office: (574) 235-7564 Mobile: (574) 876-6734 1222 S. Michigan Street City of South Bend, In 46601 frodrigu@southbendin.gov We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment -----Original Message ----- From: Raschelle Carey Sent: Monday, June 4, 2018 3:16 PM To: Matt Longfellow <mlongfel@southbendin.gov>; Federico Rodriguez <frod rigu @south bendin.gov>; Jill Scicchitano <Jills@downtownsouthbend.com>; Larry Magliozzi <LMAGLIOZ@sjcindiana.com>; asmith@sjcindiana.com; Katrina Roach <kroach@southbendin.gov> Subject: FW: Sidewalk Cafe Recommendation -Hideaway at the LaSalle Please Provide Recommendation. Raschelle Carey Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 (574) 235-9197 Rcarey@southbendin.gov -----Original Message ----- From: Southbend Sent: Monday, June 04, 2018 3:22 PM To: Raschelle Carey <rcarey@southbendin.gov> Subject: Message from "RNP002673DD3E73" This E-mail was sent from "RNP002673DD3E73" (MP C6004). Scan Date: 06.04.2018 15:22:10 (-0400) Queries to: southbend@southbendin.gov Raschelle Care From: Jill Scicchitano <jills@downtownsouthbend.com> Sent: Thursday, June 14, 2018 9:55 AM To: Raschelle Carey Subject: RE: Sidewalk Cafe Recommendation -Hideaway at the LaSalle-2nd Request DTSB - favorable Jill Scicchitano Executive Director Downtown South Bend, Inc. 217 S. Michigan Street South Bend, 1N 46601 574.968.7287(p) 574.233.7382 (f) www.downtownsouthbend.com Stay up to date on all Downtown news and events! Like DTSB on Facebook Follow DTSB on Twitter Sign Up for our Email Newsletter -----Original Message ----- From: Raschelle Carey [mailto:rcarey@southbendin.gov] Sent: Thursday, June 14, 2018 8:09 AM To: Matt Longfellow <mlongfel@southbendin.gov>; Jill Scicchitano <jills@downtownsouthbend.com> Subject: FW: Sidewalk Cafe Recommendation -Hideaway at the LaSalle-2nd Request Please Provide Recommendation. Raschelle Carey Department of Public Works, Engineering Division 227 W Jefferson Blvd Ste 1316 South Bend, IN 46601 (574) 235-9197 Rcarey@southbendin.gov -----Original Message ----- From: Raschelle Carey Sent: Monday, June 04, 2018 3:16 PM To: Matt Longfellow <mlongfel@so6thbendin.gov>; Federico Rodriguez <frodrigu@southbendin.gov>; Jill Scicchitano <Jills@downtownsouthbend.com>; Larry Magliozzi <LMAGLIOZ@sjcindiana.com>; asmith@sjcindiana.com; Katrina Roach <kroach@southbendin.gov> Subject: FW: Sidewalk Cafe Recommendation -Hideaway at the LaSalle