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HomeMy WebLinkAboutSidewalk Cafe - Nom Nom Pho Asian KitchenBUILDING1316 COUNTY -CITY BOULEVARD CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PUBLICBOARD OF WORKS April 9, 2019 Devi Raman Sapkota Nom Nom Pho Asian Kitchen 211 N Main Street South Bend, IN 46601 RE: Sidewalk Cafe — Nom Nom Pho Asian Kitchen - 211 N Main Street Dear Ms. Sapkota: 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 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 11:30 a.m. to 10:00 p.m. and Sunday from 11:30 a.m. to 8:30 p.m. 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, " ..... „ .1 M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR TEMPORARY USE OF w ll THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE Y PEACE *` E This Agreement is entered into this 30th day'of Jam, 2018, by and betw w 186,'" South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City Una 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 extendin in front of 213 N Main 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 I lam — 9pm; Fri I lam -10pm; Sat 11:30am- Operation: 10 m; Sun 11:30am — 8:30 m, closed Monda 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 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 form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: March 2, 2019 Permittee Signature: Name: Devi Raman Sapkota. Title: Owner BOARD OF PUBLIC WORKS APPROVAL .�. Prcidcair, Member Member Member Member a r Date Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFt PERMIT CITY OF SOUTH BEND, INDIANA DATE - _. Applicant's Legal Name Business Name Address Telephone Number FEE PAID Devi Raman Sa Kota Title Owner .�w �W Brothers LLC dba Nom Nom Pho Asian Kitchen 211 N Main Street 574 — 404 - 6480 Proposed Location and Description of Sidewalk Cafd In front of buildiiW to the north side of entrance at 211 N Main street Days of Sidewalk Cafd Operation Sun Mon Tues Wed Thurs Fri Sat 11:30am- IIam- Ilam- 11am- 11am- 11:30am- Hours of Sidewalk Cafd Operation 8:30pm CLOSED 9pm 9pm 90m 1Opm 10:0013m 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 placement/dimensions 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 all the information given in this application is true to the best of my knowledge. m o Date 1 11-'-Si inahire of Applicant Devi Raman Sa kota Printed Name Owner Title BOARD OF PUBLIC WORKS APPROVAL ok, _A(A, A-� President Member Member 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 AC61?hP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDnrYYY) 04M3/2019 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 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 endorsements . PRODUCER CONTAC NAME:. Gerald N Stark American Family Brokerage Inc PHONE FA 847 394-3220 aac No) 6000 American Parkway ADDRESS. gstark2arnfam.com, INSURERS AFFORDING COVERAGE NAIC # INSURERA: USLI - United States Liability Insurance Madison WI 53783 INSURED INSURER B r INSURER C : Nom Nom Pho Asian Kitchen Sapkota Brothers LLC DBA INSURER D : 2111 North main St. INSURER E : South Bend IN 46601 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSO yWVD POLICY NUMBER MMIDD MM/L7OPA") LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE .00CUR EACH OCCURRENCEDAMMET arc PREMISES Eaoccurrence) $ 1.000A00 $ 100,000 MEDEXP(Any one arson) _ $ 5,000 PERSONAL dADVINJURY $ 1,000,000 A X CP2621764 08/01/2018 08/01/2019 GENT. x AGGREGATE LIMITAPPLIES PER: POLICY PE® LOC GENERAL AGGREGATE PRODUCTS - COMP/OPAGG $ 2,000,000 2.000,000 $ OTHER.:. AUTOMOBILE LIABILITY COMBINED SINGLE UMI"f $ ''. ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PFdOPER1'YDAMAGE. P' r 8 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ 'WORKERS COMPENSATION PER ER AND EMPLOYERS' LIABILITY Y d N ", ..'.„,•, "OTH- " " E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N / A - EA EMPLOYEE $ (Mandatory in NH)DISEASE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Commercial Property Coverage Business Personal Property - Coinsurance 80% Deductible: $2,500 Limit: $100,000 Equipment Breakdown Deductible: $1,000 Limit: Included City of South Bend is an additional insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of South Bend ACCORDANCE WITH THE POLICY PROVISIONS. 227 W Jeffereson Blvd Ste 1316 AUTHORIZED REPRESENTATIVE South Bend IN 46601 _4 ©1988-2014ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD I N v m A r