The URL can be used to link to this page

Home My WebLink AboutSidewalk Cafe - Nom Nom Pho Asian Kitchen13 16 COUNTY -CITY BLALDNO 227 W. JEFFERSON 1301JIA"VARD S01 ITI I BEND. NDIANA46601-1930 CITY OF SOUTH 13END FETE BurnGIEG, MAYOR BOARD OF PUBLIC WORKS August 28, 2018 Devi Raman Sapkota Nom Nom Pho Asian Kitchen 211 N. Main Street South Bend, IN 46601 RE: Sidewalk Caf6 — Nom Nom Pho Asian Kitchen - 211 N. Main Street Dear Mr. Sapkota: ]'BONE 574/235.9251 FAX 574/ 235-9171 At its meeting held on August 28, 2018, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 211 N. Main Street on Tuesday to Thursday from 11:00 a.m. to 9:00 p.m.; Friday from 11:00 a.m. to 10:00 p.m.; Saturday from 11:00 a.m. to 9:30 p.m.; and Sunday from 11:30 a.m. to 8:00 p.m., subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free and ensuring a 2' clearance from the brick ribbon is retained, and five feet of usable sidewalk for pedestrians is available. This permit is for the set -Lip 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, Clerk Enclosure GA A. GILOT SUZANNA A FRITZKRG ELIZABF11i A. MARADIK JAN/lEs A. MUELLER 'n IERESE J. DORAU APPLICATION FOR SIDEWALK CAF]k PERMIT CITY OF SOUTH BEND, INDIANA DATE 07/30/2018 Applicant's Legal Name Devi Raman Sapkota Title Business Name I..Sapkota Brothers LLC dba Nom Norn Pho Asian Kitchen Address 211 N Main Street Telephone Number 574 — 404 - 6480 Proposed Location and Description of Sidewalk C66 In front of building to the north side of entrance at 211 N Main street Owner Days of Sidewalk CalI6 Operation Hours of Sidewalk Caf6 Operation Sun Mon Ties Wed Thurs Fri Sat 11:30am- 8pm CLOSED I I am- 9pm Ilam- ...9prn 11 am- 9pm Ham- lopm I I am - 9:30pm The following information is REQUIRED for completion of a Sidewalk Caf6 Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing p➢acementldimensions 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 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 a l the inrfion given in this application is true to the best of my knowledge. 07/30/2018 = 1'_� Date Signature of Applicant Devi Raman Sapkota Printed Name Owner Title BOARD OF PUBLIC WORKS APPROVAL President Nlkmber Member fA 2 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 * Fax: (574) 235-9171 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this 30th day of July, 2018, by and betw South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City ) anca Sapkota Brothers LLC dba Nom Nom Pho Asian Kitchen (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 Nom Nom Pho Asian Kitchen Address 211 — 213 N Main Street City, State, Zip South Bend, IN 46601 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 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): 211-213 N Main Street, South Bend, IN 46601, located north of the primary Address: entrance at 211 N Main street and extending in front of 213 N Mai n street. 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 Tues — Thur 11 am — 9pm; Fri 11 am -10pm; Sat 11 am - Operation: 9:30pm; Sunk — 8:00pm, closed Monday 1td4jyj Updated 05/2017 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 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 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 P,ermittee 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✓"rlenial 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: July 30, 2018 Permittee Signature: V Name: - Devi Raman Sapkota Title: Owner /4 President Mqfnber Member Member Member Date Updated 0�5/2017 a ^'I PD m m -q 0 CL n w n rD O N UJ V