The URL can be used to link to this page

Home My WebLink AboutSidewalk Cafe - Pegg's1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 23, 2019 Tara Mullin Pegg's 127 S. Michigan Street South Bend, IN 46601 RE: Sidewalk Cafe Dear Ms. Mullin: 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 Cafe Permit outside your establishment at 127 S. Michigan Street on Monday to Friday from 6:30 a.m. to 2:00 p.m. and Saturday to Sunday from 7:00 a.m. to 2:00 p.m. subject to ensuring that all electrical cords in the proximity of the dining area remain hazard - free, and there is six feet of open sidewalk from the fence and the concrete -bordered sidewalk planter for ADA access. 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 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE k This Agreement is entered into this day of O` I 2 l—., by a �,� r 1865 Cif 1. South Bend, Indiana, by and through its Board of Public Works (,hereinafter, �iiy) ana (hereinafter, "Permittee'). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf6 in front of Permittee's business at: Business Name s 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 caf6 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: d -7 S Y-n,c 1,71 c 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 caf& in front of the above referred to address during the hours of. Days/Hours of Sidewalk Cafe Operation: — F ,- 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 31 ' 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 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 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 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 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 approvaUdenial 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: Permittee Signature: c 6 r Name: if Y1 Title: rn 0 O,.R"d OF PUBLIC WORKS APPROVAL President Member Member Member Member Date Updated 05/2017 3 t rwken APPLICATION FOR SIDEWALK CAFt PERMIT '( CITY OF SOUTH BEND, INDIANAs DATE _ ......... _ _ FEE PAll.1 $- � Applicant's Legal Name [(� 1 - Title rn Business NameF �- Address Telephone Number 7%) % Proposed Location and Description of Sidewalk Cafe .: „ Days of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat Hours of Sidewalk Cafe Operation - G- G : �6- -, (3l1_. 7 — R 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 the best of my knowledge. Date Signature of pplicaltt t. 1 Printed Name a. .. . ......... _........... �. Title �� BOARD OF PUBLIC WORKS APPROVAL President Member Member �.. Nfember Member Dat w 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 LEPEE-1 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 05/02/2018 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 BELOWTHIS CERTIFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERiSI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE. CERTIFICATE HOLDER. IMPORTANT. If the certificate holder Is an ADDITIONAL. INSURED, the policy(les) 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 Ileu of such endorsements . PRODUCER 574-277-0234 Roy Sarson HOLLAND INSURANCE GROUP PHONE $74.277-0234 FAX 574- "77.0286 64081 N. Ironwood Rd., AIC Nq�Ert : AIo Na : P.O'.. Box 6468 South Bend, IN 46660-6458 Ray Berson ._..__ IN uREaA: PROPERTY OWNERS 32905 INSURED PEGGS of South Bond Inc. INSURER B: Pe DaltonINSURERC: 12 S Michigan South Bend, IN 46601 INSURER n COVERAGES OFREMEd�H RANCE L ISTED BELOW HAVE BEEN ISSUED TO THE INSURED ...... ........_ NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO.CERTIFYLICIES T AT THE I'N M OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, INSURANCE AFFORDED ISY THE POLICIES DESCRIBE) HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. ma, Su LIMITS SHOWN MAY (HAVE BEEN NUMaER REDUCED BY POLGCY'E'FF PAID CLAIMS. POLIO LIMITSTYPE N R OF INSURANCEPOLICY A X COMMERCIAL GENERAL UAIN " � 1,000,000 CLAIMS-MAOE [X] OCCUR Y 09026221 06101/2018 0610112019 IaAM� EN��_ 300,000 ED EXP IAnv one 10,000 PERSONAL & AOV INJURY S 11000,000 i LAGGR LIMIT AP I PER: POLICY �II�T S R 2.000,000' MP1 P 2,000,000 LOC AUTOMOBILE LIABILITY COMaq ED E NO E LI Y r1fi'ti ANY AUTO AUTOS ONLY CUI%E ULEO emad BODILY INJURYc ' AUTOS ONLY AN4TO�� YI'ER AMA" UMBRELLA LIAB OCCUR sail C URR ',N S EXCESS UAB CLAIMS-NWE A OED RETEN'nONS, A vw RKE C -MPE AT�oN AI DI M o ERs°�AatL1TY X r OTN- YCPROPR�GRaPARr%IERIEX£CLNTIVE YIN fp�BERPI,1 E�OLUrkEO�' � � N/A 09111406 06/01/2018 06/01/2019 E.1.. 100,000 em eloly n — I a describe uridar o . PE 10O,OOfI RIM@..: E.L. . I ISE'ASP -tint tC~••'Y l MIT It 600,000. DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requlmd) City of South Bend Is Additional Insured on General Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof South Bend THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY' PROVISIONS. 211 N Michigan Street South Bend, IN 46601 AUTHORIZED REPRESENTATIVE Ray Barron w%;UKU Za lZU1t3rual 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 I He EdR Wew Wondow 1--felp I lome, I 001s 2335 UYLp(if q,. ..., r �� „NAM i i` AR street I. Z,z mending -111CIT, sed, to at --least 6-l"Oot !rV� shlewalk 41 p-rillills