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Home My WebLink AboutSidewalk Cafe - Woochi Japanese Fusion and Bar1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD I., &, Jeremy Young Woochi Japanese Fusion & Bar 119 N. Michigan Street South Bend, IN oa Ir 1865 May 28, 2019 PHONE 574/ 235-9251 FAx 574/ 235-9171 RE: Sidewalk Cafe — Woochi Japanese Fusion & Bar - 119 N. Michigan Street Dear Mr. Young: At its meeting held on May 28, 2019, the Board of Public Works approved the application for a Sidewalk Cafe Permit outside your establishment at 119 N. Michigan Street on Sunday from 12:00 p.m. to 9:00 p.m., Monday -Thursday from 11:00 a.m. to 10:00 p.m., Friday from 11:00 a.m. to 11:00 p.m., and Saturday from 12:00 p.m. to 11:00 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, 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 This Agreement is entered into this 30th day of March, 2019, by and betty South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City-) ana Woochi Japanese Fusion & Bar, INC. _uuu....................W_uuuWWW_uuuuuu (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 Woochi Japanese Fusion & Bar Address 119 N 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 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: 119 N 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 cafe in front of the above referred to address during the hours of- Days/Hours of Sidewalk Cafe 11AM-11PM 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 31 st 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 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 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 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 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: l ( 19 Permittee Signature: w, Name: J jr Young .. Title: Pro rieto.r BOARD OF PCJC WORKS APPROVAL Presi . nt Meffiber Member mm / 1Y , cnaber Member Date Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFE PERMIT�� CITY OF SOUTH BEND, INDIANA DATE 03/30/2019, FEE PAID ® $10.00 Applicant's Legal Name Jeremy Young Title Prorietor Business Name Woochi Japanese Fusion & Bar INC. Address 119 N Michigan St., South Bend, IN 46601 Telephone Number 574-289-2222 Proposed Location and Description of Sidewalk Cafd By the main entrance, with railin around. u Days of Sidewalk Cafd Operation Sun Mon Tues Wed Thurs Fri Sat 12PM- IIAM- IIAM- 11 AM- IIAM- IIAM- 12PM- Hours of Sidewalk Cafd Operation 9PM IOPM IOPM IOPM IOPM 11PM 11PM 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 cerlily %i r that all the information given in this application is true to the best of my knowledge. 03/30/2019 Date Signature of Applicant President Member Jeremy'i° )t Lig ........ Printed Name Proprietor Title BOARD OF PUBLIC WO'WO'rS APPROVAL ......... Mem per 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 O/ Date El U') --- > BID s .. E WWOOL. .w I* wNcaa mm ACCWU CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY)05/14/2019 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 endorsements . PRODUCER CONTACT Steve McNeil N�kII Aldridge Insurance T PHONE , FAX No):, 5742328232 1323 North Ironwood E-MAIL INSURERISI AFFORDING COVERAGE NAIC # South Bend IN 46615 , INSURER A : Erie Insurance Exchange ,,,,.................... 26271 INSURED INSURER B : „_... _ _ _ .A,,,,,,,,,,,, , ,,...... ... JCD Holdings, Inc. & Woochi Japanese Fusion & Bar, Inc. INSURER c ; 123 W Washington St RD: INSURER INSURER E South Bend IN 46601 1 INSURER 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. INSRJ..... ......LTR TYPE OF INSURANCE .......-iAf,T'01.75itli•7Fi� ... POLICY NUMBER IN v1fVD POLICYEFF POLICYXP I LIMITS .... 4 COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 1000000 - CLAIMS -MADE /�OCCURl1MA. E:�cS I'LNTCCI ERL�'I�E.� t�'�;t rn�wTR�rumpJ . $_ 1000000 � MED EXP (Any one person) $ 5000 A N N Q97-1154951 11/02/2018 11/02/2019 PERSONAL 8 ADV INJURY s 1000000 hI GFN A. AAaGRIEGATIE LIMIT APPLIES PER GENERAL AGGREGATE $ 2000000 %'Cyll.ICY I �JECT PRO- ❑ LOG PRODUCTS COMPIOPAGG $ 2000000 , ¢rI•IER: Contents Llabili $ 141,500 AUTOMOBILE LIABILITY COMBINED SINGLE I MIST fC--1,a9;<' dapJI $ I ANY AUTO BODILY INJURY (Per person) $ 1 ALL OWNED • SCHEDULED tAUTOS ,e M BODILY INJURY (Per accident) $ -AUTOS � NON -OWNED PROPER"rY DAMAGE, $ _ HIRED AUTOS AUTOS (P,erspoovn$)„ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE .. ... $ DED RETENTION$ 1 $ WORKERS COMPENSATION X FIR YIN AND EMPLOYERS' LIABILITY NERI ECUTIVE YN� N IA N Q94-0900651 ME A OFFICER/MEMBER STATUTE EL EAGHUT ACCIDENT $ 100,000 10/09/2018 10/09/2019 - REXCLUDED? yes dR EL DISEASE - EA EMPLOYEE$ 500,000 under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT 1 $ 100,000 I - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 123 W Washington St South Bend, IN 46601 119 N Michigan St, South Bend, IN 46601 L:tK I IFIL:A I t MULUtK CITY OF SOUTH BEND 227 W JEFFERSON BLVD South Bend IN 46601 EmallI .k mifinvuck(nlcni ithin— in nnv GANGtLLA 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 RII::'F11REISI1:E.IN"[A71TI"YI::'. 0)1988-2014 ACORD CORPORATION- All rinhts reserved_ ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD