HomeMy WebLinkAboutSidewalk Cafe - J and B Hideaway dba The Hideaway at The LaSalle1316 COUNTY -CITY BUILDING
227 w.JEFFERSON BOULEVARD
SOI JTH BEND. INDIANA 46601-1 930
CITY OFSOUTH BEND PETE i MAYOR
BOARDi
March 26, 2019
Jerry Roberts
J and B Hideaway LLC dba The Hideaway at The LaSalle
237 N Michigan Street
South Bend, IN 46601
RE: Sidewalk Cafe — 237 N Michigan Street
Dear Mr. Roberts:
PHONE 574/235-9251
FAx 574/235-9171
At its meeting held on March 26, 2019, the Board of Public Works approved the application
for a Sidewalk Cafe Permit outside your establishment at 237 N Michigan Street on Sunday
to Thursday from 4:00 p.m. to 12:00 a.m. and Friday and Saturday from 1:00 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 there is five feet of usable sidewalk for pedestrians.
This permit is for the set-up 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, 2019. Also, please be
aware that a Sidewalk Cafe 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.
SInercly,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE MILLER ELIZABETH A. MARADIK LAURA O'SULLIVAN THERESE J. DORAU
APPLICATION FOR SIDEWALK CAFE PERMIT
CITY OF SOUTH BEND, INDIANA
DATE
Applicant's Legal Name ,a-ii ejCr ,4 i e LQ Title
Business Name c c �� r , 4,Y- "rA e,l fe,,
FEE PAID
Address
Telephone Number
Proposed Location and Description of Sidewalk Cafe
Days of Sidewalk Cafe Operation
Hours of Sidewalk Cafe Operation
Sun
Mon
Tues
Wed
Thurs
Fri
Sat
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 placementldimensions 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
I, 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 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.
r rf
Date
�ARD OF
President
Signs of Applicant
,,.
Printed Name
Title
,IC WORKS APPROVAL
Ae"t-_
Member Member
RETURN 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
"Member
_2_64�0 J
Date
4
AGREEMENT FOR TEMPORARY USE OF
THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE
This Agreement is entered into this 2 day of 6h , 20 1 `� , by a
City of South Bend, Indiana, by and through its Board of Public Works (hereinafter,
(hereinafter, "Permittee")
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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
v
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):
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 cafe in front of the above
referred to address during the hours of-
Days/Hours of Sidewalk Cafe Operation: O U v /!;, Mo
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 sc of any year.
Updated 05/2017
16) The rights granted herein may not be assigned by Permittee.
17) Notification of approvaUdenial 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: yP
Title:, r .c
BOARD OF PUBLIC WORKS APPROV-
JA�
President" Member 1w
Member Member
Date
/"
Updated 05/2017
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 caf6 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 caf6 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 caf6 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 caf6 operations.
Permittee shall provide a Certificate of Insurance to the City showing liability coverage
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.
Updated 05/2017 2
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