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Home My WebLink AboutSidewalk Cafe - The View Tavern1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1 830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 23, 2019 Rebecca Ullery The View Tavern 515 E. Jefferson Blvd. South Bend, IN 46617 RE: Sidewalk Cafe Dear Ms. Ullery: 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 515 E. Jefferson Blvd. on Monday to Saturday from 11:00 a.m. to 10:00 p.m. and Sunday from 1:00 p.m. to 10:00 p.m. 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. Si ncerc y Ul da. M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAMA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR TEMPORARY USE OF"'�"° THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE r '^CF' f -" This Agreement is entered into this day of �� 2�—by a Cityof South Bend, Indiana, b and through its Board of works hereina1t Y g �. 1 y � (hereinafter, "Permittee") WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk cafd in front of Permittee's business at: Business Name Address City, State, Zip WHEREAS, the site for the proposed sidewalk cafd 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 cafd 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: N, ) U, 2) The permit granted herein is for the sole purpose of perdni ting 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 Cafd ,.9 Operation: ` ly, ; Q18 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 31 st of any year. 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 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 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 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 Updated 05/2017 2 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 �W-6e Name: Title: (BARD OF PUBLIC WORKS APPROVAL Vv President Member Member Member Member ' "�3/:roc s Date Updated 05/2017 3 APPLICATION FOR SIDEWALK CAF t PERMIT � w CITY OF SOUTH BEND, INDIANA 61 DATE FEE PAID Applicant's Legal Name q? I ro s ' w Title Business Name k A '_ �- i e Address Telephone Number /" 1) `:� (..t ) l" Y °— Proposed Location and Description of Sidewalk Cafe Days of Sidewalk Cafe Operation Hours of Sidewalk Cafd Operation Sun Mon Tues Wed Thurs Fri Sat - 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 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 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, 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. J Date ` 'igna acre of Applicant NNIN ^., . Printed Name 'Title BOARD OF PUBLIC WORKS APPROVAL President Member 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 • Fax: (574) 235-9171 Date 4 From: Ellen McDonald Fax: 15742347788 To: 5742359171@rcfax.com Fax: (574) 235.9171 Page: 3 of 3 04/15/2019 10:35 AM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) F 1 3/25/2019 THIS CERTIFICATE IS ISSUED ASA 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 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(iss) must 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 Ellen McDonald Lee Insurance Group Prom Bxt, (574)234-7788 FPC No, `5741233-2522 No 331 S. Eddy StreetE-MAIL AODRESS: INSURERS AFFORDING COVERAGE NAIC 0 P.O. Box 1975 South Bend IN 46617-1975 INSURERA:Cincinnati Specialty Insurance INSURED INSURER B: Auto -Owners Insurance c2MgAny 18988 INSURERC: T-Lee LLC, DBA: The View INSURERD: Parkview Properties, Inc 515 P Jefferson Blvd INSURERE: INSURERF: South Bend IN 46617 I.UV GKAU tS GtKIIFIGAIt NUIVItSt K'ltf/mLy RFVISInN NIIMRFR• THIS ISTO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTRS TYPE OF INSURANCE PO LICX NUMBER APAl I1DQYlYEYNY MMIDDIYV�N LIMITS X COMMERCIAL GENERAL LIABILITY EAD l OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCCURDAIIIAIc c r I pR,FMI F_. ;,)or,rilT'enre $ 100,000 MED EXP (Any one person) $ excluded CSU 0053345 10/30/2018 10/30/2019 PERSONAL & ADV IN,.II.YRY $ 1, 000, 000.. 'GENLACGREGWELIMIT APPLIES PER GENUIRAILAGGREGATE ....$ $... 2,000,000 X POLICY � PET El LOC PRODUCTS C;OIAIPIOPAGy 2,000,000 AUTOMOBILE LIABILITY I11R I a 'L nr a. s--F4 •'sz � $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SO E-:DtPIY!D AUTOS AUTOS BODILY INJURY (Per accident) $ NON OWNEE.:1 HIREDAUTOS ALPIDS PR OPE i mT 3r„�edtu'M A+ P $ $ UMBRELLA LIAB O _CUR Ilii!ACJ I occ,.MIRl NC:E: ''., $ AGGREGATE $ EXCESS LAB C;I...AIMS MADE: DE D RETENTION $ $ WORKERS COMPENSATION AND EMPLOY V UABILFTY Y 1 N X 0 - STAT(JTF FP E. L EACH ACCIDENT - EL.. DISEASE k AEMPLOYf E $ - $ 500,000 500 000 B ANY PROPRIETORIPARTNER/EXECUTIVE �� OFFICERIMEMBER EXCLUDED? II rt (MandatoryIn NH) 1 If yes, describe under NIA 09021126 10/6/2018 10/6/2019 E:I.. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of South Bend is additional insured with regards to general liability coverage C;t_KIIFICATE HOLDER (574)235-9928 5742359928@rcfax.com City of South Bend 227 W. Jefferson Blvd South Bend, IN 46601 CANCELLATION 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 Patrick Kennedy/EMM 1988-2014 ACII ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) `CA il Li M m 0 ,14Le y