HomeMy WebLinkAboutEncroachment - Storing Smiles LLC1316 COUNTY —CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND_ INDIANA 46601-1 830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAY
BOARD OF PUBLIC O'
April 9, 2019
Jay Mellentine
Storing Smiles LLC
460 N Walnut Street
Elmhurst, IL 60126
RE: Encroachment into Public Right -of -Way — 903 S. Main St.
Dear Mr. Mellentine:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on April 9, 2019, approved your request to
replace the existing awning with an awning of the same size to update the business name at
903 S. Main St. This encroachment was approved subject to the improvements not becoming
a safety hazard. Enclosed please find a copy of the permit.
The encroachment will be permitted to remain and continue until such time as the Board of
Public Works of the City of South Bend shall determine that such encroachment is in any way
impairing or interfering with the highway or with the free and safe flow of traffic thereon.
Said encroachment shall not in any way prejudice or preclude the City's rights with respect
to the future use of that portion of the right-of-way.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
< Ulf F,
APPLICATION
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TO ENCROACH ONTO PUBLIC RIGHT -OF -WAX
THE BOARD OF PUBLIC WORKS MUST HAVE FOUR (4) WEEKS PRIOR NOTICE .
PLANS AND SPECIFICATIONS MUST BE ATTACHED
Date: / / 9
Location of Encroachment:
PROPERTY -OWNER'S INFORMATION
Business/
Homeowner
Name: ��c�r; ,���
Address: .._..(-o...�mv,.._. �.---• ......- �a.......__w_.
City/State/Zip: mhu rs t ! C,
Phone qu7 U-� 7 0 / •, i II
Signature
Print Name:
INSTALLER'S INFORMATION
Business Name.
Address:
City/State/Zip:i..�
Attach Photo of Site
Here
(Or See Attached Photo)
Phone 6 5.:: i E ..Ema11._ .rwC a Vt(-
Signature
Print Name: %37o r h a mQ r k"
Encroachment
Description: L4e u!." :1� t`„u r t_ )... i .... ................ _... .��.��_...
Size of 1
CL Road to R/W Line ... �.., _.. w. .� ._..... I" ttarr tclila7�cnt .
Distance of RAV Amount in R/W
The above information is to the best of my knowledge accurate and correct with regard to the encroachment in the City's right-of-way.
Placed By:
This Encroachment should not be
relocated because
It has been determined that this encroachment in noway impairs the highway or with the free and safe flow of traffic thereon, and it is
recommended that the encroachment be permitted to remain.
b OF 1'l.i i W )RKS APPROVAL
President Member Member
.� .._ mmra,.., .. _.. �..� ,....o.. .
Member Member Date
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
REVOCABLE PERMIT,z,",
4
RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED
El
PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME
Company/Homeowner V810
Names
Herein, "APPLICANT".
The encroachment will be permitted to remain and continue under the following terms and conditions:
1) Until such time as the BOARD OF PUBLIC WORKS (BOARD) of the CITY OF SOUTH BEND (CITY) shall
determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow
of traffic thereon;
2) Said encroachment shall not in any way prejudice or preclude the CITY'S rights with respect to the future use of the
portion of the right-of-way;
3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions;
4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid
encroachment, this permit shall become null and void;
5) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to
any activity and/or incidences authorized by this permit;
6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend
the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of
bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property,
including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by
this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in
connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the
CITY to enforce the obligation of this agreement of indemnity.
It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to
the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense
caused by the sole negligence of the CITY.
This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment.
ACCEPTANCE OF TERMS AND CONDITIONS
I accept and agree to be bound by all of the terms and conditions of this permit.
Submitted By:
Signature: __.._._....... _ ....
Date: .3' /r'1
BOARD OF PUBLIC WORKS APPROVAL
President Member Member
Member Member Date
Updated 02/18
Two Men and a Truck
903 S Main St
Existing canopy
New cover for existing canopy
New cover for existing canopy
94" width x 72" projection x
43" drop
Graphics" Front 64" x 24".
Each side 65" x 4 1/2" ("Movers Who Care")
Cost: $1107.60