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HomeMy WebLinkAboutSidewalk Cafe - Bruno's Pizza1316 COUNTY —CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 4660I —I 830 SOUTHCITY OF BEND PETE BUTTIGIEG, MAY IB R r;WORKS April 23, 2019 Alicia Shea Bruno's Pizza 131 S. Michigan Street South Bend, IN 46601 RE: Sidewalk Caf6 Dear Ms. Shea: 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 131 S. Michigan Street on Sunday to Thursday from 11:00 a.m. to 9:00 p.m. and Friday to Saturday from 11:00 a.m. to 10:00 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 caf6 permit is only good between April 1 and October 31, 2019. Also, please be aware that a Sidewalk Caf6 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 U T'l � , AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE ^,� PEACE This Agreement is entered into this 8 day of April , 20 19 , by a " 186 x City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, t-iLy ) anu Bruno's Pizza (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 Bruno's Pizza Address 131 S. Michigan 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 cafd; and WHEREAS, the City has determined that operation of a sidewalk cafd 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: 131 S. Michigan Street, South Bend, IN 46601 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 cafd in front of the above referred to address during the hours of- Days/Hours of Sidewalk Caf6 Operation: Sunday - Saturday 11 am-10pm 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 cafd 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 cafd in front of any other business other than Permittee's. 6) The placement of the sidewalk cafd shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk cafd 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 cafd, 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 cafd 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 cafd 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 cafd. 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 cafd 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 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: _141 _................ Permittee Signature: Name: Alicia Shea Title: Manager _ITIT BOARD OF PUBLIC WORKS APPROVAL President Memberf Member ember Updated 05/2017 Member Date DATE Applicant's Legal Name Business Name Address Telephone Number APPLICATION FOR SIDEWALK CAFIIk. PERMIT CITY OF SOUTH BEND, INDIANA Alicia Shea Bruno's Pizza FEE PAID' $ _ NI Title Man 131 S. Michigan Street, South Bend IN 46601 574.234.2222 Proposed Location and Description of Sidewalk Cafe Days of Sidewalk Cafe Operation Hours of Sidewalk Cafe Operation Sun i Mon I Tues I Wed I Thurs I Fri I Sat 11 am-9pm f 11 am-9pm 111 am-9pm 111 am-9pm V 11 am-9pm 111 am-10pnf 11 am-1 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. 04/08/2019 Date Signature of Applicant Alicia Shea Printed Name Manager Title BOARD OF PUBLIC WORKS APPROVAL President Member 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 a Fax: (574) 235-9171 Member Date 4 L-& na s ciip 2 it 4, A CERTIFICATE OF LIABILITY INSURANCE DATE(MM1 019YY) —THIS' RiIFICATE IS 04/082019 BELOW. CERTIFICATE THIDOCERTIFICATE ISSUED AS A OTAFFIRMATIVELY F INSURANR OF INFORMATION ONLY AND CE CONFERS CER D EGATI ELY AMEND, EXTE DOR ALT R RIGHTS UPON THE CERTIFICATE HOLDER. THIS HE COVERAGE AFFORDED BY THE POLICIES 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 pollcy(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 r7 'tl'AC1' INSURED Eric Guenther, Agent 411 E Ireland Rd Suite 100 South Bend, IN 46614 J Weldy LLC 131 S Michigan St. South Bend, IN 46601 Mandy Newton 574-291-1597 tNsIM901w:ORVlnG F9w FmsE UREA A! State Farm Fire and Casualty Company D: E: 574-291-1632 NAIL A. 25143 -. ..._. REVISION COVERAGES CERTIWITHSTANDING ANY ES OF INSU NUMB ISTED BELOW HAVE BEEN ISSUED TO THE .__NUMBER: ABOVE FRS CERTIFICATE ER: N N MBE _ �FY RANCE INSURED NAMED OR illiE POLICY PERIOD 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, AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRXC......TYPE .�n , m�....... EXCLUSIONS A D T Nbn ...., �M�L11* Yyy Pgt;gIGYrXP � 1kLp�tlC..C: ..1..__,.....__.., _.,. _.... . ._ ... N5 PE OF INSURANCE POLICY NUMBER Y dt"IOFYYY LIMITS COMMERCIAL GENERAL LIABILITY Cr'MIeIb d'JL.CUd• ,000,000 CLA(MSMADE I �OC:CUR tlMf-A6CT P'E"ATt"0 m m... MFLI�V S ts'8�ttllPaurFN.. 1 000 000 .. ....... ..__ ... _D e RP rn� cr�an yaoawmro) � � 5,0011 Y _ ••�.- -�.k 94-BS-T627-9 08/01120111 08101/2019 ICOA�AuvtNruRY T 2�000,000 GENERAL00 000cEN°LAGCRryATL IMIrA RUES Pf,._P: POLICY LOC PRODK 6 LMIAG s 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED V ,CHEDUI. ED AUTOS ONLY AUTOS HIRED NON OWNED . AU1 OS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EXCESS LIAR CLAIM MADE E ... ,p U lar 1 F N"C .. .�. - VEIN a WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE 4 Yr'6�1Ls MI% EV« AFR P.XCLUDED7 ❑ �N/A (Manainlory in NH) If o% dv. mn lln+a under $ C�47N16MC'-.SlNC" LI I,.NWgatB'9' ) BODILYpIhNJI -,.- ...--- -- INJURY (Per person) $ BODILY INJURY (Per aucldent) $ i eu c'E cI Y I.IdzM%FF t.T-- L°PI I.LY)i — $ EACH 4"XX RJ'HHFr�i P� GGREGATE E.L EACH ACCIDENT $ EL DISEASE - EA CMPkL0"YL"I^( f5 C` i,- DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more ore space is required) Pizza Restaurant CERTIFICATE HOLD City of South Bend Indiana 227 W Jefferson Blvd South Bend, IN 46601 ACORD 25 (2016103) TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORA l* •All rights reserved The ACORD name and logo are registered marks of ACORD 1001486 132849.12 03-1rr2016