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Home My WebLink AboutSidewalk Cafe - Hideaway at the LaSalle1316 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 Mr. Jerry Roberts The Hideaway at the LaSalle 237 Martin Luther King Jr. Blvd., Suite B South Bend, IN 46601 hide wary:::�::.:.as.a...l...%>1:.::.,..c PHONE 574/235-9251 FAx 574/ 235-9171 RE: Sidewalk Caf6 — The Hideaway at the LaSalle — 237 Martin Luther King Jr. Blvd., Suite B Dear Mr. Roberts: The Board of Public Works, at its meeting on May 12, 2020, approved the Application for a Sidewalk Cafe Permit outside your establishment at 237 Martin Luther King Jr. Blvd., Suite B on Sunday and Monday 4:00 p.m. to 12:00 p.m.; Wednesday to Saturday 4:00 p.m. to 12:00 p.m. subject to the State's provided industry guidelines for restaurants during the COVID situation found at i�://�acl<.or�trcl<.in.v/xr��Iu1t;;I�x��line.i�tm. including that tables be at least 6' apart and no more than 6 people at a table, and subject to required ADA 4' sidewalk clearance. 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 Ifol FROM: SUBJECT: LOCATION: DATE DUE: FAX OR E-MAIL TO: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 3/13/2020 Matt Longfellow, Engineering Department Todd Skwarcan, Fire Department Kylie Carter, Downtown South Bend Angela Smith, South Bend Area Plan mimes Burns, Police Department Linda M' , Martin, Clerk. SIDEWALK CAFE RECOMMENDATION — the LaSalle 237 Martin Luther King Jr. Blvd., Suite B 1 7, 2020 235-9171 / Imartin southbendin.Qov RECOMMENDATIONS AND COMMENTS: By Date The Hideaway at cc d� to AGREEMENT FOR TEMPORARY USE OF� THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE MACE,, This Agreement is entered into this N day of G,.c20 y� , by ai M 1865 City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, --k-ity-) 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: .1 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 L Operation: , Updated 05/2017 INSTRUCTIONS SIDEWALK CAFE 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 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 caf6 between April 1 and October 31It of any year. 4) Permittee shall pay Ten Dollars ($10.00) to the City for the pennit 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 caf6 in front of any other business other than Permittee's. 6) The placement of the sidewalk caf6 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 caf6, including the design and placement of such items. Permittee shall not change or vary such items in their design or placement. 9) Permttee 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 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 caf6 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: 6 3 Z to " Permittee Signature: Name: j , e - r- -,J Title: r 1 h 4 e,,— BOARD OF PUBLIC WORKS APPROVAL BOARD OF PT TBLJC WORKS Gary A. Giloi, President Therese J. Dorau, Member Elizabeth A. Maazadik, Member Jordan V. Gathers, Member - y-�- ATTEST: Joseph R. Molnar, Member �211z,:{r Ctlurnn Linda M. Martin, Clerk Updated 05/2017 3 APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA I DATE FEE PAID ❑ $ Applicant's Legal Name F 1��-ar Title �Q er Z'/i'l�/fir/ Business Name Address L 1C be /9/4,� �u , °� 1" e'^al l�f Telephone Number �'J y _ y _ cJ (� c 0 61 Proposed Location and Description of Sidewalk Cafe Days of Sidewalk Cafe Operation Sun Mon Tues Wed EThurs FriSat Hours of Sidewalk Cafe Operation (v cep lY� �� LJ��~ The following information is REQUIRED for completion of a Sidewalk Cafe Application: 1. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafe 3. Completed/signed Agreement 4. Certificate of Insurance ($ 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 caf6 as permitted herein. I do hereby certify and a ffimi that all the information given in this application is true to the best of my knowledge. ia- ;0 j) Date signatfofA. 1 •ant r � ElI't P 6 Printed Na e Title BOARD OF PUBLIC WORKS APPROVAL I3 ARD OLD PlPUBIAC WORT{S G,V A. Gl,t, Pr,,idnv Jbcv ese 1 1Joray Rfombcr Efi ebcfhA M Lk i-1- [� R-1- V 6.1hm M-1- c2nwA offmtnr 1A,R NMI Mr bc, - Linde �! �S rhn. le�'k C Lin _ 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 M