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Home My WebLink AboutSidewalk Cafe - The General Deli & Cafe1316 COUNTY —CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1 930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LC WORKS May 14, 2019 John Barany The General Deli & Cafe 609-613 E. Jefferson Blvd. South Bend, IN 46617 PHONE 574/235-9251 FAX 574/235-9171 RE: Sidewalk Cafe — The General Deli & Cafe - 609-613 E. Jefferson Blvd. Dear Mr. Barany: At its meeting held on May 14, 2019, the Board of Public Works approved the application for a Sidewalk Cafe Permit outside your establishment at 609-613 E. Jefferson Blvd. on Monday to Thursday from 7:00 a.m. to 11:00 p.m., Saturday, 9:00 a.m. to 11:00 p.m. and Sunday 9:00 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 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, I I..II1dII M. Mart�rl, C'1,qP 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 �'_ " '"". This Agrceiilcnt, is entered into this ALday of 200, by and bf rs, of South Bend, 'Indiana,, by and through its Board of Public Works (hereinafter, "Ciiy�ana The General Deli LLC ..._ _____.......� �m.�m. ...........�.w..... �m._. (hereinafter, "Perm'sttee"). 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 The General Deli & Cafe Address 609 &..._._.w _613 E. Jefferson Blvd. City, State, Zip South Bend, IN 46617................. 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 caf6 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: 609-613 E. Jefferson Blvd. 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 Mon -Friday lam —1 1pm Operation: Sat & Sun 9am —1 1pm (subject to change)4 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 cafe 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 cafe shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk cafe 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 cafe, 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 cafe. 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: 4/05/2019 Permittee Signature: �.............:�"� Name: John M. Baran II Title: Owner BOARD OF PUBLIC WORKS APPROVAL T �� lint..._.._.... ............ __ � _.�....... ember Member _...:. m...._. .............w _._.................._...... ._.. . M inber Member Date Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE 4/5/19 FEE PAID $mmlm0i ucl Applicant's Legal Name John MBaranTitle Business Name The General Deli & Cafe Address 609-613 E. Jefferson Blvd. Telephone Number 574-220-6659 Proposed Location and Description of Sidewalk Cafd Street side scating, for deli customers at Cafd tables and laicinic tables l"a,cine Jefferson Blvd. Days of Sidewalk Cafd Operation Sun 1 Mon Tues Wed Thurs Fri Sat p__ 1p a-llp 7a-llp 7a-1lp 7a-llp 9a-111 Hours of Sidewalk Cafe Operation "9a-9 7 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 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. 4/05/2019: , Date Si' iatttre of alit ant John M. Baran y II Printed Name _Owner ...................................................w�........... ....................... ...-......... _......._. BOARD OF PUBLIC WORKS APPRO"AIn , il President.......... Me1b"i'beI� �-...._ ...�.�._. �' WAA etar ....... ... C ....................._ .... ��.,.,.,.�.,..._......_..... �..m ��.._. Member 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 * Fax: (574) 235-9171 6201 G C� r' = -z— , -,y I — -�iexr- -5w if I _ G KA 47, "ACC>RV CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDnmrY) 04/06C2019 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. 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 lieu of such endomemen s . PRODUCER CON Cl Oayidf Giles The Leadership Insurance Agency, Inc. PHONES 574-277-1611 FAX 574 2734557 52303 Emmons Road -M leadership@leadershi ins.cDm i Suite 31 .. NAIL r ,,,,, uNsuR��ls�►, AFFORDING COVERAGE South Bend �...__ _ mu_ IN 46637 MHUAA, AUTO -OWNERS INS CO _ 18988 INSURED IN B The General Deli LLC INSURER c - 609 E Jefferson Blvd INsu ERo: INSURER E South Bend IN 46617 jtip RER P 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. LTR TYPE OF INSURANCE Y P LIMITS I SR POLICY E POLI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 CLAIMS MADE a OCCUR -URNMEYMNTEp $ 300000 MED EXP -5 10000 A Y N 109013483 10/09/2018 10/09/2019 PERSONAL d ADv WJURY s 1000000 GERL AGGREGATE ._._. ._ _..._ LOdRAPPLIESPER: GENERAL AGGREGATE S 2000000 POLICY M PR LOC PRODUCTS -COMPIOPAGG S ],QTHER', $ AUTOMOBILE LIABILITY OMdiINEO GLE LIMIT S �.... ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED BODILY INJURY (Per saddenl) $ AUTOS ONLY AUTOS HIRED NON -OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY �LOPr(IIIa1_ s UMBRELLA LU1B OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MAOE AGGREGATE $ ED]RETENTI N $ $ WORKERS COMPENSATION PER AND EMPLOYERS' LIABILITY Y / N S H ANY PROPRIETOWARTNERIEXECUTIVE E.L. EACH ACCIDENT S OFFICERNEMBERE,XCLUDED? NIA (Man dalory In NH) E.L. DISEASE - EA EMPLOYEE $ Ilyes dooWboundar DE C R PTION OF OPERAT12NS kft E.L DISEASE -POLICY LIMIT S Liquor Liability Each Occurence 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be aUashed 11 more space Is required) City of South Bend is additional insured with respect to General Liability. City of South Bend 1400 County City Building 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 .aw a w ACORD 26 (2016/03) 01988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD