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Home My WebLink AboutSidewalk Cafe - Vegetable Buddies1316 COUNTY -CITY BUILDING 227 W.JEFFEZSON BOULEVARD SOIJTH BEND_ INDIANA 46601-1 830 Jeffrey Harrison Vegetable Buddies 129 N. Michigan Street South Bend, IN 46601 RE: Sidewalk Cafe Dear Mr. Harrison: y r 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR PUBLICBOARD OF WORKS April 23, 2019 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 129 N. Michigan Street on Tuesday to Saturday from 5:00 p.m. to 2:00 a.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, 1. j da M. Martin, Clerk Enclosure GARY A. G1LOT 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 This Agreement is entered into this loth day of l Ili j, 2019, by and bet% 1865 South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City ana Vegetable Buddies Inc (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 Vegetable Buddies - . . --.. _ W. . n. ..... .......}. ....... ........ Address 129 N Mictii a�a ........ 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 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: 129 N Michigaii 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 cafe in front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe 5:00 PM — 2:00 AM Tuesday - Saturday Operation: 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 3 1 " of anv vm- Permittee shall pay Ten DoE 0permit granted herein required by 18-15 of the Municinal 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 cafe 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 tin-ril [are, the periineter 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 restatir nr 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 5/ 17 as required above and providing for not less than 30 days' notice to the Cit_y'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 sideNvaI ks as grat ed 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. BOARD OF PUBLIC WORKS APPROVAL President Member Mt,=ber Member/ — ------- ---- . ............... Member -)III,,,-,,, A-2Z-0 Date If Updated 05/2017 _kPPLICATION FOR SIDEWALK CAFE, PERMIT 0-Tv 01F Sot) ND, INDIANA DATE 4-1.0-_1.9 FEE PAID C Applicant's Legal Name Jeffrey Harrison Title Owner Business Name Ve etable Buddies A(Wess 129N Michigan South Bend,, IN 46601 Telephone Number 574-232-0954 Proposed Location and Description of Sidewalk Cafd .., gout of Vet?,etable Buddies Days of Sidewalk Cafe Operation Sun Mon Tues Wed Thurs Fri Sat .... _____!_q .m . ...... — _.1FI-i..._.. Spm- Spm- Spm- � Spm- Spm- -lours of Sidewalk Cafd Operation _NA NA 2am 2am 2am 2am 2am 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 e190fT 3. Completed/signed Agreement 4. Certificate of Insurance ($1.,000,000/occurance and $300,000/person, naming the Citv of South Ber.. as additional insure 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. c Date Si at r o1 A rlint Jeffrev Harrison Printed Name a Owner Title i BOARD OF PUBLIC WORKS APPROVAL 11l l*sIddJI11 a.. . ............. � ____� _ �r.....�._w -..... ..... Member Member ember Member Date RETURN FORM TO: 4 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 z F DATE (MMIODIYYYYJ CERTIFICATE OF LIABILITY INSURANCE 1 04/11/2019 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. -irpo—F-W-N-Tif the certificate tioldWr--Ii-a-n—A6'Di—nO—N—AL—IN—'S'-U—RED—, ,the p—olicy(les) im--ust-h—ava-A-DDITI AL 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). rA PRODUCER C'ONP C' Michelle Harrell HAM;- ... . . .. . ... ... . ..... . ....... . ...... . . ... PHONE (5 4)674-0015 tA, X-,- (574)674-9582, Randy Leliaert Agency Inc [JAW, Npj:l MAIL 410 Lincoln Way W AF-nDRESS_ shelly@realvaluems.con) tkSURERlIS),AFFORDING COVERAGE NAIC A OSCP-69 1 N 46561 INSURERA: Minois CasuNty Company 000000 INSURED INSURER 11311. Vegetable Buddies Inc INSURER C ............................. . . ..... -1-11 130 Box 1202 INSURER D' South Bend IN 46624 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 POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INER �AODL 8LMAJ PO 6(J'0Y'rXP . ........ . .......... TYPE OF INSURANCE imqn wvn POLICY NUMBER MROONYYY) —1 _ LIMITS 1 yyy X COMMERCIAL GENERAL LIABILITY 11.:ACH 0GOIJIRRIENCE $ 1000000 (;I-AlhYS-NIAIDE IXIOccUag100000 FXPd,Aivy ono person) $ 2000 A Y N IN:138698 0412812019 0412812020 IIUIRSONAA ADD FILMVY s 1000000 $ 2000000 (,HNI AGGRFGA1[E:1AMH AP1111111-5114 R Ro 11�lffl F F PRODUGI S - GOMP/OVAGG POHCY ..0G $ 2000000 i)-UY1J—C----....-..- ... ........ . ... . ....... --J T ffWT1 1714 � —APGTT�71 F�� r- AUTOMOBILIABILITY P&W LE ALI TO BOD111 Y ftJURY (Pail persmi) $ OVAffiff D SCHI- DUILED BOOH-Y 11JUI6iY (Per accdeN) $ M.HOSONII.N AU10S 11IRED I:q N (mm,ff 11) . .... ... ........... .. .. .. . ...... .. ....... . ........ . ......... . ..... A[P� 0,.1 ONLY AWDSONY I i - - -- - ----- — .. .. . .............. ........ AJ�<UMBRE LLA LIAB S LIAB N N UL15936ITIT 04/2512019 04125/2020 A(36REGAII C-- $ 1000000 ... . .. .... sore o-awlrhlilll;�lts$ 10000 $ . ........ . - — ------ - - WORKERS COMPENSATlON PIER W �1 im . .. . ..... ....... . ....... AND EMPLOYERS1 TAn".FTY YIN " � AU, I , ANY PROPRff u�AGHAGQIIDLN$ 100000 A 0H RA11 ARER a XCI UOH)7 N/A N WC16896 04/25/2019, 04125/2020, mandatory an NH) L WS'aASF EAa-NIM $" 1'66666 .............. ...... . I W: �i, d�VU(bo widor D� SCR PTION OF OPFRAJ bONS lwkm I - D'lSl. ASF - PW. WY [$ 500000 Each Common Cause B` 1000000 A Liquor Liability N LL101147 04/2512019 04/25/2020 . ............... DESCRIPTION OFOPERATlONSILOCATIONS IVEMCLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space In required) City of South Bend is additional insured in regards to sidewalk cafe' operations CERTIFICATE HOLDER CANCELLATION MAMUXZ� 6- r4lxilli r4 7 MM1-1=1 pro I .1 - 1 -1 1 111Q THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED JJ ACCORDANCE WITH THE POLICY P9QMWMVS. AUTHORIZED REPRESENTATIVE 0, ax: Email: 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD e" I