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HomeMy WebLinkAboutSidewalk Cafe - Tapastrie LLC227 W. JEFFERSON BOULEVARD L 4 x 4 1 Carol Meehan Tapastrie LLC 103 W Colfax Avenue South Bend, IN 46601 1865+ CITY OF ! BEND PETE BUTTIGIEG, MAYOR BOARD DPUBLIC WORKS April 9, 2019 RE: Sidewalk Cafe — Tapastrie, LLC - 103 W Colfax Avenue 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 103 W Colfax Avenue on Monday through Saturday from 4:30 p.m. to 11:00 p.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. Sincerely, Lin a 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 THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE PEACE, This Agreement is entered into this qtk day off 20 by a d�865 City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, -l—ity ) ana (hereinafter, "Pennittee"). 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 Pennittee'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): Address: S AW ..... . 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: ? b`_:... .'i w_ i . -30 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 caf6 between April 1 and October 3 Is' 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 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 fiirniture, 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 fiirniture, 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) Pennittee 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: � L — f 1-b Permittee Signature Name: Title: BARD OF PUBLIC WORKS APPROVAL /� I--YV - V . v President Member Member Member Member Date Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE Applicant's Legal Name �+L Title w Business Name Address 1w, roA4 V" FEE PAIDp e" Telephone Number w- m mmmm - c, p _ _ _.�v_ �� . _....�................................... ...... _... ...m.._........ � W. Proposed Location and Description of Sidewalk Caf6 Days of Sidewalk Cafe Operation I Sun Hours of Sidewalk Cafe Operation 0 Mon I Tues V Wed m Thurs Fri Sat l� !L n°AA, 171 �0 The following information is REQUIRED for completion of a Sidewalk Caf6 Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dimensions of proposed caf6 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 caf6 as pennitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. r Date Signature of /,�llicant g ll Printed Name Title BOARD OF PUBLIC WORKS APPROVAL President Member Member Member � �.� _......�................ .... .... �...... �. - � . n Member Date RETURN FORM TO: 4 Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, 1N 46601 Phone: (574) 235-9251 o Fax: (574) 235-9171 00 c� 0 moo. n ,.•�0 ......DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 04/04/2019 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 endorsement(s). PRODUCER CONTACT Susan Thompson NAME- Laven Insurance Agency, Inc. PIIONC (574) 291-5510 FAX (574) 291 8505 P. O. Box 2379 &rn o suet@laveninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # SOUTH BEND IN 46680 INSURERA: Frankenmuth Mutual Ins, Co, 13986 .. ............ INSURED INSURER B fa(Jastrie, LLC INSURER C ...INSURER.�®.�..............................................................................�................................................. 103 W, Colfax Avenue South Bend IN 46601 1 INSURER F COVERAGES CERTIFICATE NUMBER: 18-19 Master REVISION NUMBER: THIS IS TO CER FIFY THAT THE POLICIES OF INSURANCE:. LISTED BELOW HAVE BEEN ISSUED TO FHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PE-RTAIN, FHE 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, _ EF EXP POLICY........ FPOLICV A�SD '....� LTR SURANCE POLICYNUMBER MMDD LTR. TYPE OF IN „. MMIDDIYYYY) „ INSD V�A/O ...... .. ...... .... LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 HUXG"°FTL}1 N11^f' 50o 000 w,a........a.e........, CLAIMS -MADE REMISE (Fa„(Yt'rtfrrF nre) 1 s MED EXP (Arty nne person) 5,000 A Y 6606602 10/16/2018 10/16/2019 ..... PERSONAL &ADVINJURY $�1,000,000 LJAr[!r; IMITAPPIES PER : .��� GENERA.AGGREGATE .....��......� aAFE 2,0aa,0O0 .� .. twi3'fu9.. �) .,-..,,...,.�, 2,000,000 .�. POLICY ECT OC PRODUCTS COMPA)PAG ,r OTHER. ,,,,,,,,,,,,m AUTOMOBILE LIABILITY 9 d:�7tti' MNED SINDi t V.IMIJ $ 1,000,000 . ANYAUTO BODILY INJURY (Per person) A OWNEC3 SCHEDULED6606601 10/16/2018 10/16/2019 e.� ._..._. BODILY INJURY (Per accident) ...,. C AUTOS ONLY AUTOS HIRED 11 '. NON -OWNED PF20PFR'4Y DAMAGE AU TOE ONLY _u.. AUTOS ONLY (Per ,idFetn ... -. _ . x UM,.1 BRELLL A LIAB X 5,()00000 OCCUR EACH OCCURRENCE �, Excess A.LI...... A ssosso2 a116/2018 1 ar16... CLAIMS MADE 2019 Ar C FEE C AI F 5,000,OOa .. � RF1"FN:TION a 0 -0 _..,,,_. ...... WORKERS. _ AND t-NIP"I OYERS" F.GABEV..BfY 'LIABIN X s( Jmt�IF Fri YE ULO RrExEcuTEVP Y NIa 6606600 A OF IEXCLUDED? 1a(16/2018 10116 FICEIIin L. /2019 ,L. EACH ACCIDENT _ Cy00 a00 b in NH) NH) E,L. DISEASE - EA EMPLOYEE S 500,000 If yes, descrihe under .....m m,.�.,..,..,m.,..___,,,, ,..._,�.�.a......_. ...._..._ 500,000 DESCRIPTION OF OPERATIONS below El DISEASE - POLICY LIMIT g ..................... ..................... ES (ACORD 101 Additional Remarks Schedule, may be attached if more space is req )VEHICLES uired Location 103 W. Colfax Avenue, South Bend, IN 46601 CERTIFICATE HOLDER CANCELLATION 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. 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 registered marks of ACORD