Loading...
HomeMy WebLinkAboutSidewalk Cafe - 609-613 E. Jefferson Blvd.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 f 1865 SOUTHCITY OF BEND JAMES MUELLER, MAYOR BOARD iWORKS March 10, 2020 Mr. John M. Barany II The General Deli & Cafe 609 E. Jefferson Blvd. South Bend, IN 46617 RE: Sidewalk Cafe — The General Deli & Cafe Dear Mr. Barany: PHONE 574/235-9251 FAX 574/235-9171 At its meeting held on March 10, 2020, the Board of Public Works approved the application for a Sidewalk Cafe Permit outside your establishment at 609-613 E. Jefferson Blvd. between the hours of Monday -Friday, 7 a.m.-12 a.m.; Saturday, 9 a.m.-12 a.m.; Sunday, 9 a.m.-7 p.m. (all subject to change) subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -free, and there is four 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, 2020. 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 ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR TO: FROM: SUBJECT: LOCATION: DATE DUE: FAX OR E-MAIL TO: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: i4att Longfellow, Engineering Department e4ez, Fire Department Iylie Carter, Downtown South Bend Angela Smith, South Bend Area Plan James Burns, Police Department Linda M. Martin, Clerk* SIDEWALK CAFE RECOMMENDATION 2/11 /2020 The General Deli & Cafe - 609-613 E. Jefferson Blvd. 03/03/2020 235-9171 / Imart! n(a southbendm ov. ...wm . RECOMMENDATIONS AND COMMENTS: By Date INSTRUCTIONS, SIDEWALK CAFE p , ISO 1. Complete both the Agreement and the Permit Application documents Please remember: a. Indicate your business' address b. Indicate your business hours of the sidewalk cafe operation c. A description of the location of the sidewalk cafe d. Attach a drawing of the location to the Agreement 2. Signature and contact information is required 3. Return Agreement, Permit Application and your payment to: Board of Public Works 227 West Jefferson 1316 County -City Building South Bend, Indiana 46601 Phone: (574) 235-9251 Fax: (574) 235-9171 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this 23 day of January, 2020, by and bet A South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City - The General Deli LLC (hereinafter, "Permittee"). ana 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 The General Deli & Cafe Address 609-613 E. Jeffers������������������d._.�� ......�..... _ ...._. ..�� .._�� ..............�...........� Jefferson Blvd. City, State, Zip Soiuth Bend,IT IN IT46617 __ mwwwwwww 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: 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 7am-12am; Saturday 9am-12am. Operation: Sunday 9am-7pm all subiect to chan ej 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 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 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 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: 01/23/2020 W Permittee Signature: e,-Y:'y ' Name: John M. Barany II Title: owner BOARD OF PU"31�1C WORKS APPROVAL A(A- President Member Member / o a.. �� M r Date Updated 05/2017 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DATE FEE PAID ❑ $ Applicant's Legal Name John M. Baran II Title Owner 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 seating for customers at cafd tables and picinic tables facing Jefferson Blvd. Days of Sidewalk Cafd Operation Hours of Sidewalk Cafd Operation Sun I Mon II Tues � Wed I Thurs I Fri I Sat 7a-12a 17a-12a ( 7a-12a n 7a-12a 17a-12a 19a-12a 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 caf6 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. 01/23/2020 Date S attars of icattt John M. Baran II Printed Name Owner Title.._ _......- � ,.�� ._..._......a.a._.�w._. BOARD OF PUBLIC WORKS APPROVAL LJI Prey e1, , . Member Member er /1 o ; 1? �ellller �11er 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 w r AL 7 6 9 �� n EXISTING ADJACENT ONE STORY RETAIL SF NO WORK THIS AREA. 53im 1! PWMK A."ll 7 EXIS7jV e �� 615 FIRST FLOOR PLAN )T," IVA N 0 A u� A� DATE'MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 01/15/2020 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 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 endorsements). PRODUCER CONTACT David Giles NA South Bend IN 46617 INSURE F: 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. bOL INSR ------- P TR TYPE A .... . . OMY NUMBER pOLI.... F POL&CY EXP' E OF INSURANCE 5UB POLICY .... ......... LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 � cm�+tk Aof TON Ntl I .. 300000 „p CLAIMS -MADE OCCUR P�R(rMq,SF�(Esyorr�t.rvrmae�q:a) $ _ ........ ........ ..--------..- ......... ....y MED EXP IAny one person ) $ 10000 A Y N 09013483 10/09/2019 10/09/2020 PERSONAL& ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE $ 2000000 PRO - X POLICY POLICY JECT PRODUCTS - COMP/OP AGG $ OTHER $ AUTOMOBILE LIABILITY MBIN_D SINGLE LIMIT I ¢I acz IdacI $ _. ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED .___------- BODILY INJURY (Per accident) _ _ ............ .. ... $ .., AUTOS ONLY AUTOS ...... ..... .,, HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY tralkanl). $ UMBRELLA LIAB OCCUR -- - EACH OCCURRENCE $ �- EXCESS LIAB CLAIMS -MADE , ....,,.. AGGREGATE$ E RETENT L ON $ WORKERS COMPENSATION PER OTH AND EMPLOYERS' LIABILITY Y/N ,5TATIJTF.„ ,,,, , ER....,,. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? �. N/A E..L EACH ACCIDENT --- ................ ...... $ . ..............__..,,.. ........------------- (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If Y ....... .... DESCRIPTION OF OPERATIONS balow E.L. DISEASE-POLICY..Y LIMIT $ Each Occurence 1000000 Liquor Liability DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space is required) City of South Bend is additional insured with respect to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of South Bend ACCORDANCE WITH THE POLICY PROVISIONS. 1400 County City Building AUTHORIZED REPRESENTATIVE South Bend IN 46601 `ax: Emil: ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Nateesha Jacobs From: James Burns Sent: Wednesday, February 12, 2020 11:35 AM To: Nateesha Jacobs Subject: RE: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd, Ms. Jacobs, SBPD has no objections to the approval of this application. Respectfully, PFC James P. Burns 2075 SBPD Strategic Intel Office Chaplain SBPD Chaplain FOP #36 701 W. Sample Street South Bend, IN 46601 (574) 235-9401 From: Nateesha Jacobs <njacobs@southbendin.gov> Sent: Wednesday, February 12, 2020 8:47 AM To: Matt Longfellow <mlongfel@southbendin.gov>; 'Federico Rodriguez' <frodrigu@southbendin.gov>; Kylie Carter <kcarter@downtownsouthbend.com>; Angela M. Smith <amsmith@south bendin.gov>; James Burns <jburns@south bendin.gov> Subject: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Hello all, Please provide your recommendations. Thank you, Natee fia 7.aco& Y, Vi e�m Administrative Assistant Department of Public Works, Engineering Division (574) 235 9197 City of South Bend 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 e delllhier serOic( Tr i li at r.n hlpower everyone, to thir ve. xcelciir„o I a' �c;coa.intalAty I Vnnowittion I Iin lusOn I l inpoworrneird Nateesha Jacobs From: Kylie Carter <kcarter@downtownsouthbend.com> Sent: Wednesday, February 12, 2020 3:18 PM To: Nateesha Jacobs; Matt Longfellow; 'Federico Rodriguez'; Angela M. Smith; James Burns Subject: RE: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. DTSB - Favorable III l j e C.arteiir Dilirec':tor of 11viaiifliketing &. Ili;;;v urits 11 '; (574) 968-7293 I M° : (574) 527-7165 E: kncamrwt d,owntowr�sout(bend.corn :www.downtownsouthbend.com �, � ��A��Ain,o���ldili yI�V�9nIYl From: Nateesha Jacobs [mailto:njacobs@southbendin.gov] Sent: Wednesday, February 12, 2020 8:47 AM To: Matt Longfellow <mlongfel@southbendin.gov>;'Federico Rodriguez' <frodrigu@southbendin.gov>; Kylie Carter <kcarter@downtownsouthbend.com>; Angela M. Smith <amsmith@southbendin.gov>; James Burns <jburns@southbend in.gov> Subject: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Hello all, Please provide your recommendations. Thank you, ✓Iatmillim "xil /J Administrative Assistant Department of Public Works, Engineering Division (574) 235 9197 gj@.Sots,@@ outhbei k c��r)y °' City of South Bend 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 We deliver services that empower everyone to thrive. Excellence i Accountability i Innovation i Inclusion I Empowerment IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments may contain confidential information intended only for the use of the individual or entity named above. Any dissemination, distribution, copying or action taken in reliance on the contents of this E-Mail by anyone other than the intended Nateesha Jacobs From: Matt Longfellow Sent: Tuesday, February 18, 2020 8:08 AM To: Nateesha Jacobs Cc: Toy Villa Subject: FW: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Attachments: 1930_001.pdf Engineering has no objections to this sidewalk cafe setup, Regards, x +� Matt Longfellow Permit Inspector Public Works Engineering Office: (574) 235-5929 Mobile: (574) 286-9589 rrr�IupreJg.outib,rrdiin.' City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 htti /" wwvwv so bendillo—.go—v- From: Nateesha Jacobs <njacobs@south bendin.gov> Sent: Wednesday, February 12, 2020 8:47 AM To: Matt Longfellow <mlongfeI@south bendin.gov>; 'Federico Rodriguez' <frodrigu@southbendin.gov>; Kylie Carter <kcarter@downtownsouthbend.com>; Angela M. Smith <amsmith@southbendin.gov>; James Burns <jburns@southbendin.gov> Subject: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Hello all, Please provide your recommendations. Thank you, MateeAm Yaw& Administrative Assistant Department of Public Works, Engineering Division (574 ) 23 5 9197 d cobs:@ ou bendi�.;go °T City of South Bend 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 We deliver services that empower everyone to thrive. Excellence I Accountability I Innovation I Inclusion I Empowerment Nateesha Jacobs From: Chris Dressel Sent: Saturday, February 22, 2020 9:00 AM To: Nateesha Jacobs Subject: RE: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Recommended for approval„ Christopher D Dressel, AICP V �Bicycle Senior Planner Coordinator h Brownfields Coordinator Census Coordinator Department of Community Investment m (574) 235-5847 dressek sp_w,Al t trdid ,;Jg y City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 We deliver services that empower everyone to thrive. Excellence i Accountability I Innovation I Inclusion I Empowerment From: Angela M. Smith Sent: Wednesday, February 12, 2020 11:18 AM To: Chris Dressel <cdressel@south bendin.gov>; Michael Divita <mdivita@southbendin.gov>; Elizabeth Maradik <emaradik@south bend in.gov>; Tim Corcoran <tcorcora@southbendin.gov>; Andrew Netter <anetter@south bend in.gov>; Joseph R. Molnar <jrmolnar@southbendin.gov>; David Relos <drelos@south bendin.gov>; Elicia Feasel <efeasel@southbendin.gov>; Adam Toering <atoering@southbendin.gov> Subject: FW: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. From: Nateesha Jacobs <jjAc t8mam corms wm „ > Sent: Wednesday, February 12, 2020 8:47 AM To: Matt Longfellow <r�rmV'moriof 1Qsout1ik uT in, >; 'Federico Rodriguez' <f drir a@sa ,lt be lan w >; Kylie Carter <kca,rt ra�tgAiltownsomutlil r mmct >; Angela M. Smith < r nsmlth a cob benciJn gov>; James Burns <iLti—rrs d r ...._ n.8c v> ��utl�rber:J.. Subject: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Hello all, Please provide your recommendations. Thank you, Nateesha Jacobs From: Todd Skwarcan Sent: Monday, February 24, 2020 2:18 PM To: Nateesha Jacobs Subject: RE: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. No concerns, thanks Nateesha From: Nateesha Jacobs <njacobs@southbend in.gov> Sent: Monday, February 24, 2020 2:16 PM To: Todd Skwarcan <tskwarca@southbend in.gov> Subject: Sidewalk Cafe - The General Deli & Cafe - 609-613 E. Jefferson Blvd. Hello, Please provide your recommendations. Thank you, .lVpteQ fia Jaco& oQti.`'n Administrative Assistant Department of Public Works, Engineering Division (574) 235 9197 r� aco - sot .e din,r}ov City of South Bend 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 I XIr ',1lence I Rccourdi is �"Hii�/ I 11'1110 ,�,umr I rick"'Jorl I Ivr;rrrar�r�9: