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Home My WebLink AboutSidewalk Cafe - South Bend Brew Werks227 W. JEFFERSON BOULEVARD ,r 44, IS65 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLICWORKS April 9, 2019 Steven Lowe South Bend Brew Works 216 S. Michigan St. South Bend, IN 46601 RE: Sidewalk Cafe Dear Mr. Lowe: 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 216 S. Michigan St. on Monday to Thursday, 11:30 a.m. to 10:00 p.m.; Friday to Saturday, 11:30 a.m. to 12:00 a.m.; and Sunday 11:00 a.m. to 8:00 p.m. The South Bend Fire Department noted a 36" pathway is not adequate for their rigs to hook up to their fire connection. Please adjust the path for safety. Engineering noted the setup must not include the 2x4's from the base of the fencing, they create a public trip hazard and are not allowed. Also please note, Engineering stated your establishment has been placing sign boards outside of the fenced area without permission. Signboards are an encroachment and need separate approval. 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 and must be applied for annually. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, 1,'iida M. Martin, Clerk Enclosure GARY A. G1LOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU toi T11,lA AGREEMENT FOR TEMPORARY USE OF,n THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE wt This Agreement is entered into this rday of �'lar�20 I , by a 1865 City of South Bend, Indiana, by and through its Board of ILL lic Works (hcreizial"tcr, .-miry J ana cow M"Oaa wee " ar t , � �Alerks ( ") 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 Named . Lt �� 11 Address � Z�� `� City, State, Zip sotA iW4, 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: -Tk 11 �0 4w - ro rm / r,." -set 11, 30 it 41q 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 315t of any year. Updated 05/2017 2 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 caf6 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 caf6, 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. Updated 05/2017 3 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 approvalldenial 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: 343 / / Permittee Signature: Name: "",°.°.•.,,.- Title: BOARD OF PUBLIC WORKS APPROVAL Preside l Member Member ember Member Date Updated 05/2017 4 Applicant's Legal Name Business Name APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA Title -vilu-5 L C- - p94 Address, wr+ (,� L101 Telephone Number Proposed Location and Description of Sidewalk Cafe Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun I Mon Tues �1 kW�- 1413� ►owl ll�•3fl _ t(" 8eA •-10PVA to Ym to Wed I Thurs U 0V TH Fri Sat f2- Av4 12,71t 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 placement/dimensions 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 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 cafe as permitted herein. I do hereby certify and affirm that all the information given in this application is true to he. ;crest of my knowledge. Datd na of ve LoWe— Printed Name O1n)v�d Qrer�p:� WWWWWWwwww__w Title._.. �. 4)ARD OF PUBLIC WORKS APPROVAL President Member Member 1117A... ember Member Date RETURN FORM TO: 5 Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 CERTIFICATE OF LIABILITY INSURANCE °ATE,MM,°DIYYYY) 03115/2019 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 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 endorsements . PRODUCER ACT w,O T ... House Salinas Insurance Agency Inc 2938 S Main St NAIC # Elkhart IN 46517 INSURERA: ERIE INSURANCE INSURED INSURER B : 100 ERIE PL ................................................................................................................... SOUTH BEND BREW WERKS INSURER : ERIE, PA 16530 216 S MICHIGAN ST INSURER SOUTH BEND, IN 46601 INSURER E: rnVE'RAr.r- CERTIFICATE NUMBER- REVISION NLIMRER- 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, INSR..... -- - ,..... .......,, __— AWL SUhR �. ...,. POLICY FF POLICY .....��.. LTR TYPE OF INSURANCE POLICY NUMBER immontyyyyl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ❑ Lir��U err .... _ ........... 1,000,000 ., CLAIMS -MADE OCCUR F �c�,larrFnre $ PREMISE(P _ j�, ..... ,,,,,— _ ..............._ ........ MED EXP (Any one person) $ 5,000 ............................................— A m . Y N Q46-0155422 10/01/2018 10/01/2019 PERSONAL&ADV INJURv...................... ,000,000 _.. GEN'LAGGREGATE LIMITAPPLIES PER GENERAL AGGREGATE $ 2,000,000 - LOC POLICY pE�T _ PRODUCFS.COMP/OPAGG $ 2000 OTHER: $ AUTOMOBILE LIABILITY f OM0INt D ^ INOt E LI101 f $ na. , ..... .......... _. ...... ........ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED ...................................................................................................................................---------------- BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS __._.___________ HIRED NON -OWNED PROPERTY DAMAT�u I. $ AUTOS ONLY AUTOS ONLY UMBRELLA LIAR OCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DFD RETENTION $ WORKERS COMPENSATION PER OT"H- AND EMPLOYERS' LIABILITY YIN ST,AT„L.IT,F................R.......................................,..,,,,,, — ANY PRO PRIETORIPARTIN EXECUTIVE ( ) EACHACCIDENT $.......� OFFICERfMEMBER EXCLUDED? j OFFICERIME BER EXCLUDED? N /A _ ... ..... .J (Mandatory ' EMPLOYEE E,L, E $ 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) CITY OF SOUTH BEND 227 WJEFFERSON BLVD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE fA X: ACORD 25 (2016/03) A 19RR_2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD