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Home My WebLink AboutSidewalk Cafe - Fiddler's Hearth1316 COUNTY —CITY BUILDING 227 W. JEFFERSON BOULEVARD SOIITH BEND. INDIANA 46601-1830 Carol Meehan Fiddler's Hearth 127 N. Main Street South Bend, IN 46601 44 acAzE 1865 CITY OF • BEND ' i1''1 OF PUBLIC WORKS April 9, 2019 RE: Sidewalk Cafe — Fiddler's Hearth —127 N. Main St. Dear Ms. Meehan: PHONE 574/235-9251 FAx 574/235-9171 At its meeting held on April 9, 2019, the Board of Public Works approved the application for a Sidewalk Cafe Permit outside your establishment at 127 N. Main St. on Monday to Saturday from 11:00 a.m. to 11:00 p.m. and Sunday, 11:00 a.m. to 9:00 p.m. The South Bend Police Department noted your sketch only provided 2'3" of walkway space for pedestrians. This sidewalk cafe is approved 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. Sincerely, 9 1� 1]'nda. M. Martin, Iler ` Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU J " 1k,1 7111, A^ AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this lq -day o! _ pj 20—L�-, by a t d City of South Bend, Indiana, by and through its ,Board of public Works (hereinafter, -k-iry Jana .'. .. w ../.4 - Y I...,..._ e A of. -" (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 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 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) : p o � -,VN Address: �'"��'�� .�. �� ,. ��. � v1 ,.,. 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: d' ...... VIA km vwn aL— Q Fwl Updated 05/2017 3) The terin 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 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 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 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 forin, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date. Pennrttee Signature: Name: Title: :;1ARD OF PUBLIC WORKS APPROVAL ..,. President Member Member 4-calrer Member Date Updated 05/2017 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE FEE PAID 1 '; , � ... Applicant's Legal Name - � "" 1� i Title ICA e Business Name ..��_ ... .. �� _��_��................... _�... Address mow.:° 10 N' IIn 15_, t 1 .,. ' ` 1 P 3 O Tele hone Number Proposed Location and Description of Sidewalk Cafe t n Tues Wed Thurs Fri Sat Days of Sidewalk Cafe Operation � Sung �M ww� wwww _w mm w .. wwwww 0 awl; lWi Hours of Sidewalk Cafe Operation The following information is REQUIRED for completion of a Sidewalk Caf6 Application: 1. Completed/signed application, including a S10.00 fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafd Completed/signed Agreement 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. 1 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 all the information given in this application is true to the best of my knowledge. P Date � � �mmm� .....Signature of AP'plac,imt__.��" President Member Printed Name ._ .. ...... ........ _...... � Title BOARD OF PUBLIC WORKS APPROVAL 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 C........... . ember k ' Date' 0 Fiddler's Hearth 127 North Main Street, South Bend, IN 46601 SIDEWALK CAFE LAYOUT Building Entry fl 8, 1' Cafe Entry 2 3" Bike Path Tables & Chaim Fencing . � ,_ 0 DATE (MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 09/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 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. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 lieu of such endorsemerl PRODUCER CONTACT Susan Thompson NAME� Laven Insurance Agency Inc, Fet uPHONE 1pl(574) 291-5510 (574) 291 8505 JkMa—_-_ I P. O. Box 2379 E�MAIL.., lhho� suet@laveninsurance.com 11111ill!=Iffill llaoffla= Fiddler's Hearth, Inc,, DBA: Fiddler's Hearth Ceol Mor, Inc, 127 N. Mein Street South Bend IN 46601 COVERAGES CERTIFICATE NUMBER: 18-19 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED THE INSURED NAMED ABOVE FOR THE.: POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT -TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, -'ADM Mm1t ........ ..... _06CE(dCry"E'r�F_ POUCYCXP LTR_ TYPE OF INSURANCE INSD WVD POLICYNUMBERmmm MMID LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 UXUAZ 500,000 CLAIMS41AADE OCCUR PRE&USES MED EXR (Any one a n) $ 5,000 A Y 6605292 09/18/2018 09/18/2019 PERSONAL.&ADV INJURY $ 1,000,000 1, AGOFWGfVI'E LIMI 11 APPLIES PER I ��_NF -AGGREGATE S 2,000,000 .............................................. . ......... . . . . . .. .. ........... . 11111111 ............ . . . ................ . . . . . > I 10'I 10Y, LOC PRODUCTS COMP/OPAGG S 2,000,000 I ..... . . ....... . . .. ...... [OTHER: ............ ......... .. AUTOMOBILE LIABILITY COMBINED SINGLE. k..imirr $ 1.0000,000 ....................... . . . ......... . . . . ... ANYAL)TO BODILY INJURY (Per c-son) S A OWNED SCHEDULED 6605291 09/18/201 B 09/18/2019 BODILY —INJURY (Per acrident")""'S ............ AUTOS ONLY AUTOS HIRED -,�e NON OWNED AUTOS ONLY AUTOS ONLY Fla . . . . .. . ............... .............. ................................... . . - — ---------- ... .... ... -------0- - 5,00, UMBR E� OCCUR EACH OCCURRENCE IS 000 A EXCESS 11"f-L�LN!�21M9EL 6605292 09/18/2018 09/1812019 AGGREGAIE 5,000,000 AND EMPL..OYFRS li.(AB(L.f10,000 ------ --------- - --- - -- . ..... . . . . . ................................ WORKERS COMPE ATZw >�J ST k pr—TTUiFEU RZFE AND EMPLOYERS'LIABELITY YIN --- A ANY FROPIV RIETORIPARTNERIEXECUTE [ ACC DI NI $ 500,000 OFFICER/MEMBER EXCLUDED? NIA 6605290 09/18/2018 09/18/2019 (Mandatory in NH) E L. DISEASE - EA EMPLOYEE S 500,000 11 yes, describoundcr I F OPERATIONS blaw F L DISEAIE POLI 500,()00 CY LIMIT . . . . . . . . ........... . ........ Liquor Liability Occurrence I imit $1,000,000 A 6605292 09/18/2018 09/18/20I 9 Aggregate I irnit $2,000,000 ...... . . ........................ ............................ . . . ........ ...... . . . . . . .... — — — — ....................... . ............. 1.11111- ------------------- -------------------------------------------------- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Location: 127 IN Main Street, South Bend, IN 46601 - - - - ----- ------------- __--- -- ---- IN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of SOLIth Bend ACCORDANCE WITH THE POLICY PROVISIONS. 125 S. I afayette Blvd, AUTHORIZED REPRESENTATIVE Suite 100 South Bend IN 46601 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are regigtered marks of ACORD