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HomeMy WebLinkAboutSidewalk Cafe - Aloft South Bend1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOIITH BEND. 1NDIANA 46601-1 930 1 655 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC April 23, 2019 Angel Hahn Aloft South Bend 111 N. Main Street South Bend, IN 46601 RE: Sidewalk Caf6 Dear Hahn: PHONE 574/235-9251 FAx 574/235-9171 At its meeting held on April 23, 2019, the Board of Public Works approved the application for a Sidewalk Caf6 Permit outside your establishment at 111 N. Main Street on Monday to Thursday from 4:00 p.m. to 10:00 p.m., Friday to Saturday from 4:00 p.m. to 11:00 p.m., and Sunday 10:00 a.m. to 9:00 p.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is minimum two feet of usable sidewalk for pedestrians from the side of the building to the inside of the brick paver ribbon. 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, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE � 4 Applicant's Legal Name Business Name Address Telephone Number Proposed Location and Description of Sidewalk Cafe Days of Sidewalk Cafe Operation I Sun Hours of Sidewalk Cafe Operation Mon Tues 1I Wed FEE PAID $_�- Thurs 1' Fri I Sat Lt� ( L 1 ., 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 placeanent/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 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. I further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, s $W-r4p rntagc; or expenses, including attorney fees, which the City may suffer or in r as the result of any s tia ttlalic sidewalks for a sidewalk cafe as permitted herein. I do hereby certify as d s� tira n that al l�a in��atit gym' eawn in this application is true to the best of my knowledge. ,4 6 11 ........... . U1 Date Signatu Printed Natlie Title BOARD OF PUBLIC WORKS APPROVAL President ember Member �.� 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 9 Fax: (574) 235-9171 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this (hereinafter, "Permittee"). 20I, by a: 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): Address:!W-jj] ' ,W ---------- D ----- f� 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: �!(q, to R PtN q Updated 05/2017 1 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 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 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 $1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk caf6 operations. Pennittee shall provide a Certificate of Insurance to the City showing liability coverage Updated 05/2017 2 as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 15) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 16) The rights granted herein may not be assigned by Permittee. 17) Notification of approval/denial of this request will be issued by return of this form, upon signed authorization by the Board of Public Works. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. - 1-N Date: Permittee Signature: Name: Title: .. -")0 Nv I 0 , r RD OF P'l.l'BI ' WORKS APPROVAL %J President Member _ Member Member Member Updated 05/2017 Date Client#: 61560 AZULHOS ACORD.CERTIFICATE OF LIABILITY INSURANCE D03/2712019Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IfORT T:Rifie certificate SUBROGATION IS WAIVED, sulbtect to thetermsand LcondittiionDs of the posy certain tpolicies DDmalyO require an endorsement A statement on t on this certificate does not confer any rights to the certificate holder in lieu of such endorsesDent(s), PRODUCER =Felr 'C Onn Is J. Messer ONI Risk Partners (gHnw Emwp 574-314-9190 C�go). 866-893-4638 100 East Wayne Street, Ste 315 E MAIL South Bend, IN 46601 AooIFe3$,;' connie.tnesserL?onlrisk.corn INSURER(S) AFFORDING COVERAGE NAIC // INSURER A: Zurich Insurance Company Limited Ni_ R, _... _. ... �m ura ..-P Y ., .. IURED 5289 Azul Hospitality -Indianapolis, LLC INSURERS: The Continental Insurance Company 3 INSURER C : Azul Hospitality -Services, LLC - — 800 W. Ivy St. Suite D INSURERD: San Diego, CA 92101 INSURER E „ - INSURER F ; 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 POLICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 — ...ADOtl„$�NFCI& .. P?L1Ctirh*FF POLf+,""Y XP �...,,,,,,, LTR TYPE OF INSURANCE I POLICY NUMBER M{'ddiD ) .... ii^I {,� .............. .._. �, .,,,n , f31YY'Y A"I IkpAuNNud'O�kdY MY ,. LIMITS A X COMMERCIAL GENERAL LIABILITY X CP0106375701 9/15/2018 0911512019 EACHOCCURRENCE$1�000,000 I CLAIMS -MADE -`� OCCUR PRE,RENT"" ° ISE a•opnce $1 000 000 DAM. -MES7� ). .. ,. .....�.r„ MED EXP (Any one person) $10,000 PERSONAL$ ADV INJURY $1,000,,000 GEN-L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECOT X LOC pH TS COMP/OPAGG $2 000,000 OTHER: $ A AUTOMOBILE LIABILITY CP01 06375701 9/15/2018 09115/201FOnMsR� INGLE LIMIT $1 000 000 ANY AUTO BODILY INJURY (Per person) $ ... AUTOS ONLY AUTOS BODILY INJURY (Par "c � OWNED SCHEDULED raccident) $ NON -OWNED 046P ddenl ._... _ _.. HIRED ERTY UIIMJ/1CaE AUTOS ONLY X AUTOS ONLY tP2f a ) $ B X UMBRELLA LIAB EXCESS LIABCLAIMS-MADE AGGREGATE $5 ,Q0 X OCCUR 6050530380 9/15/2018 09/15/201 EACH OCCURRENCE $50,00000,,000 ,000 X RETENTION $10000 $ — .®,,,, __ -m `PER WORKERS COMPENSATION ' " AND EMPLOYERS" LIABILITY Y / N SSP:TL!T,F . .� �OTH- ER, ANY PPiOP IdwNh.'I' rVf A9i'tNE~14JGEXECUTIVE E L. EACH ACCIDENT $ OrFo4TIT,MEFd8FREXCLUDED? N/A _ . imondnlory In NH} If yes, descrihe under E.L DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below EL . L. DISEASE - POLICY LIMIT $ A Liquor Liability CP0106375701 9115/2018 09/15/201 $1Mil 0CC/$2 Mil Agg DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) The City of South Bend is additional insured to the general liability policy when required by written contract. Lac# 1 - 111 N. Main Street; South Bend, IN Building # 1 Hotel d n m Q4, r o CERTIFICATE HOLDER CANCELLATION �b SHOULD ANY OF THE ABOVE DESCRIB I City Of South Bend THE EXPIRATION DATE THEREOF NOT I �BE DELIVERED IN BEFORE kr 227 W. Jefferson Blvd Ste, 1316 ACCORDANCE WITH THE POLICY IPROVIFrtON �'")` L South Bend, IN 46601 AUTHORIZED REPRESENTATIVE' ©1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1930790/M1930789 CMESS Aloft South Bend (Revised Version) 261,9 proposed Patio Layout U illhStyle B&��III'