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HomeMy WebLinkAboutSidewalk Cafe - Aloft1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 12, 2020 Ms. Amanda Meola Aloft 111 N. Main St. South Bend, IN 46601 RE: Sidewalk Caf6 — Aloft — 111 N. Main St. Dear Ms. Meola: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting on May 12, 2020, approved the Application for a Sidewalk Cafe Permit outside your establishment at 111 N. Main St. on Monday to Friday 4:00 p.m. to 11:00 p.m.; Saturday 10:00 a.m. to 11:00 p.m.; Sunday 10:00 a.m. to 10:00 p.m., subject to the State's provided industry guidelines for restaurants during the COVID situation found at h //backorit ac.k iti,.g2v/iri(:.Iu,str x����line .i��m. including that tables be at least 6' apart and no more than 6 people at a table. The Board's approval is subject to the following criteria also: The Board noted the protected bike lanes on Main Street are approximately 7' wide. The standard for minimum bike lane width is 5'. With this in mind, the Board can allow the sidewalk cafe to use up most of the sidewalk space but keep 2 feet clear from the outdoor fence and the brick band as shown in the attached diagram. The Board noted this will count the 1' of the brick band as well as 1' from the protected bike lane as part of the ADA clearance (which is a minimum of 4'). Additionally, the Board will require installing a sign on the north end of the sidewalk cafe fence warning pedestrians, bicyclists and wheelchairs of the "shared zone" they are entering. Attached is the sign design that the Board ask the businesses to print and install on their cafe fence. 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 you records. Please be reminded that the sidewalk cafe permit is only good between April 1 and October 31, 2020. Also, please be aware that the 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 2/24/2020 _, ... �...._....W__ �. FAX OR E-MAIL TO: 235 9171 / Imartin southbendin. ov TO: Matt Longfellow, Engineering Depart ment Skwarcan, Fire Department 4/odd I"re Carter, Downtown South Bend ngela Smith, Sooth Bend Area Plan mea Burns, Police De rtmet FROM: Linda M. Martin, Clerk SUBJECT: a. SIDEWALK CAFE RECOMMENDATION LOCATION. ..................._—..-.......w ...... 111 N Main St. —Aloft DATE DUE: 03/17/2020 ....... mm_._._.. .......... _�_ �.... BY Date APPLICATION FOR SIDEWALK CAFt PERMIT DATE Zfi�IZO CITY OF SOUTH BEND, INDIANA FEE PAID Applicant's Legal Name V071 LL�itle JJ I c-Tor q 1 Business Name Alm" Rol ll—h R p rl rl Address I I, I Nor i W 0 i Telephone Number 5 1 q — 00 Proposed Location and Description of Sidewalk Cafe a w IN65 Days of Sidewalk Cafe Operation of Sidewalk Cafe Operation Sun Mon Tues Thurs Fri SatHours 10-10 EWe i, ' I +It `1-1( H —I 1 +1 1 16— I I The following information is REQUIRED for completion of a Sidewalk Cafe Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dimensions of proposed caf6 3. Completed/signed Agreement 4. Certificate of Insurance ($ 1,000,000/occurance and $ 3 00,000/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 caf6 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. 2t Date � ��� Lg-ea gutf Applicant Gmank MWO, Printed Name BOARD OF PUBLIC WORKS APPROVAL BOARD Ole PUBLIC WORKS Gary i (IoL P-,id-t 11 •row J D M-1— — F mA 1, 1 '&,,Idik, M..bcI i �dn V. O Ih NI—bcr AIATSL _._ loscryt R Yt ilon�, t9emba Lmd.m M tm,cl�A _ 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 �h ,F AGREEMENT FOR TEMPORARY USE OF� THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this -L�— day of 0 Z , 207-0 , by al �rs� City of South Bend Indiana, by and through its Board of Public Works hereinafter, --Lity`) ana (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 Address City, State, Zip 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: Main stf:UA 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 Operation: son10 "" 0 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 31St 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 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 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 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. Date: Z 18 202 0 Permittee Signature: amomAMeo& Title: f e k( 0" O..+ � l l BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member BOARD OF PUBLIC WORKS APPROVAL Therese J. Doran, Member Jordan V. Gathers, Member ATTEST: 1C11111Y OUxv, Linda M. Martin, Clerk Updated 05/2017 3 Client#: 61560 AZULHOS ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE01 /(MM/°°"YYn 08/2020 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 certifi-------pr y(y )� ----- cate' holder is an ADDITIONAL INSURED, the olio 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Connie J. Messer ONI Risk Partners PHONIE FAX _ tArc, No, En 574-314----- (Arc No)'866-893-4638 100 East Wayne Street, Ste 315 E-MAIL ,AODRE"t connie.mosser@onirisk.com South Bend, IN 46601 . INSURERS) AFFORDING COVERAGE � NAIC # 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 CONTRACTOR 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„ TRR TYPE OF INSURANCE INS L SUSR yyly/iD POLICY NUMBER ...,... OD Y EFL) (MVNda}OIYIYYMII�Y PbiEXP G JYY1 Y)q .,. ......... LIMITS ,,,,. A X COMMERCIAL X CP0106375702 09I15/2019 09/15/202 XCLIABILITY LAIMS-MADEGENERAL OCCUR 'PREMSE- RENTED nce) ., ,$1�00----- OO MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY J COT X I LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER111111111­11 $ A_... .. AU TOMOBILELIABILITY CP0106375702 m........ 09/15/2019 -.- O9/15/2O2 COMBINED ISINGLE LIMIT $1,000 OO ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident ( ) _ .,.... $ HIRED NON -OWNED X X dT 7PBRTb iAMA� L $ AUTOS ONLY AUTOS ONLY IW arrarrplw91-Fg) ---- ........ .,.... �,� $ B �( RELLA LIAB X OCCUR ®„ 6050530380 9/15/2019 5 09/15/202 .., EACH OCCURRENCE $5O OOO OOO EXCESS LIAB CLAIMS MADE AGGREGATE $50,000,000 DIED'1 PPE NTIiON " 1 OOOO .YIN ®ee„e �„ $ OTH- �STpT AND EMPLOYERS�LIABILITY lT , , F m ,fi ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? q N / A EL EACH ACCIDENT $ (Mandatory in NH) E.L DISEASE EA EMPLOYEE $ If yes, describe under ,,-----_.. _ DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT $ A Ligour Liability CP0106375702 9/15/2019 09/15/202 $1Mil Occ/2 Mil Agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The City of South Bend is additional insured to the general liability policy when required when required by signed written contract dated prior to any loss or knowledge thereof. Loc# 1 - 111 N. Main Street; South Bend, IN Building # 1 Hotel %,r-m i iri,_m I e City of South Bend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 227 W. Jefferson Blvd Ste. 1316 ACCORDANCE WITH THE POLICY PROVISIONS. South Bend, IN 46601 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 440-3-Incn7elaeo')n0n" rlseocc Aloft South Bend (Revised Version) 2I8Proposed Puoly @ � 3 d\(3 � 4 pJ ) . 1100 10 ro o s e d ^/{) o9�2 ^~~ ƒ ` Style > ^ \ /\/ y,