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Home My WebLink AboutSidewalk Cafe - PEGGS of South Bend1316 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. Nicole Tompkins PEGGS of South Bend 127 S. Michigan St. South Bend, IN 46601 �oIit ac�Ia.(e, � g c uli�l t��. oin RE: Sidewalk Cafe — Aloft — 111 N. Main St. Dear Ms. Tompkins: 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 127 S. Michigan St. on Sunday to Wednesday 7:00 a.m. to 3:00 p.m.; Thursday to Saturday 7:00 a.m. to 8:00 p.m. subject to the State's provided industry guidelines for restaurants during the COVID situation found at h�t� s://backoritacic„ire„ ;ov/iris.II.:stw ,Iui� elxr�� .i��m. including that tables be at least 6' apart and no more than 6 people at a table. The Board's approval is also subject to 4' minimum ADA sidewalk clearance. Please note, the Board approved the new setup for tables between the planters along the curbside to accommodate during the current COVID situation only and noted that once this situation is over, tables will not be allowed to block the pathway for pedestrians from the parking to the sidewalk. 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 TO: FROM: SUBJECT: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 5/6/2020 Matt Longfellow, Engineering Department Gerard Ellis, Fire Department Kylie Carter, Downtown South Bend Chris Dressel, Community Investment James Burns, Police Department Linda M. Martin, Clerk SIDEWALK CAFE RECOMMENDATION — PEGGS of South Bend LOCATION: 127 S. Michigan Street DATE DUE: May 6, 2020 FAX OR E-MAIL TO: 235-9171 / lmartin@southbendin.gov s/Linda Martin RECOMMENDATIONS AND COMMENTS: By Date 7� AGREEMENT FOB "IrEMPA ORRY USE OF , (ri '11111E, PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this day of'W, 20-2t�V by aj Kris City Of South Bend, I ndiana, by and through its Board of P"ub'McWorks (hereinafter, L'ity'j'a�na (hereinafter, "Permittee"), WHEREAS, Pennittee has made application to the City for a permit to use a portion: of the public sidewalk for a sidewalk caf6 in front of Pennittee's business at: t Business Name Address City, State, Zip Wl-IEREAS, the site for the proposed sidewalk caf6 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 infon-nation sufficient to enable the City to determine that the proposed sidewalk caf6 will be in compliance with the guidelines for that area, and the City has approved the design of the proposed sidewalk caf6; and WHEREAS, the City has determined that operation of 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: l') Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittec a pert'nit to use a portion of the public sidewalk at the following location (attach a drawing): Address: lid 1-4UUO 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 caf6 in front of the above referred to address during the hours of: of Sidewalk Caf6 Operation: Updated 05/2017 The teen of' the pernli( shall be Dear year from the date of isSIM"We, PT'oV11(l(X I , , IoNIV(-"vcr, that PeIn lit t cc Shull of) ly operate tile sidewalk ulf-6 h etwecn A p rif I an (I October 3 1 11 ofany year, 41) Perillittee Shall pay Ten Dollars ($10MO) to the (Ity 1,(),, tyre pci-nnt granted herein; as IVCgUircd by 18- 15 ol'the Municipal Code. 5) The permit granted herein shall be for the use of only the area described abcpvc, which area is located in front of Peli-ruttee's business cstablislu-nent. Nothing contained herein shall pci-rint Pcrmittee to operate a sidewalk caf6 in front of` any other business other than Permittee's. 6 Tbe 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 sirnilar barrier along the perimeter of the described area in order to separate it from the remaining sidewalk area. 8) Pennittee has received approval of the City for the furniture, flic perimeter barrier, and other items to be used in the operation of the sidewalk caT6, including the design and placement of such items. Pennittee shall not change or vary such iterris in their design or placement. 9) Pernintee 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) Pen-nittee shall not affix any itcrns to the public sidewalk or use the area permitted herein in such a way that the public sidewalk is damaged. 13) Pertniftce shall indemnify, defend and save harmless the City from any and all darriage, injuries, losses, claims, demands or costs of any kind resulting fi-oin or arising out of the use of public sidewalk by Permittee fora sidewalk caf&. 14) Permittee shall provide and maintain during the term of this, permit, policy olf public liability insurance, with coverage not less than $300,000 per person and $1,000,0100 per occurrence, naming the City as an additional insured as to the sidewalk caf& operatio us. Perinittee shall provide a Certificate: of Insurance to the City showing liability covcrage Updated 05/2017 as ic(plile(l ajji(ive 111(.1 pj-o�jojijig r(,)l riot less than 30 days, notice to dic City's Boalo.] of Public Nvorks p6or, to cancellation. 15) ''Jjotjl(j pell1jiltee f,,Iil to, Comply with any of the terms ol" corlditions of' this Agreclilent, the City, by its Board of Public Wmks, may revoke the pennit tar LItifiZC thC: I)IJAC sidewalks as ,ranted herein. 16The rights granted herein may not be assigned by Pel-mittee. Notffleation of appravallifenial of this request will be ksued bjreturn of this fi),711, upon signed authovization kv the Board qf'Pubfic Works. IN 1ATIT1wlFSS WHE'REOF, this Agreement was executed o,n the date first milleir above, Datc, Pemiittcc Signature: Y 1A Al I r v � AAA 7-- - v Naine� 'Title: BOARD OFPUBLIC WORKS APPROVAL BOARD OF PUBLIC WORKS Gary A. Gilot, President Therese J. Doran, Member Elizabeth A. Maradik, Member Joseph R. Molnar, Member Jordan V. Gathers, Member AIEST: Emla OT01#1 Linda M. Martin, Clerk Updated 05/2017 3 A PPjACATION IFOR SIDEAVALK CAF, tPERMIT DATL C rry OF SO( IT 11 BEND, I NDIANA Applicant's Legal Name Business Name Address Telephone Number -�-"Orapw� Title Proposed Location and Description of Sidewalk CaR �r-\ 6r07 & f6 Days of Sidewalk Caf& ,cralion Sun Mon Houm of Sidewalk Caf6 tion I.- ',, I la-31 orb F `E' P A 11) $ Tues I Wed I Thurs I Fri I Sat �'9 1 Thefollowing informationis REQUIRED for coin pletion of a Sidcwa Ik Caf& Application: I. Completed/signed application, including a $10.00 fee 2. Drawing(s) and description of proposed sidewalk caf6 showing placement/dirnerisions of proposed caf6 3, Completed/signed Agreement 4. Certificate of Insurance(S 1,000,000/occurance and $300,000/person, naming the City of South Bend as a d ditiona l 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 caf6 as permitted herein. I do hereby certify and affirm that all the information given in this a hcation is true to th e best of my knowledge. DaSiga at i6 o fApplicant Printed Name Title BOARD OF PUBLIC WORKS APPROVAL WARD Of PUBLIC VN OMCS G— A, (hk'L -I- Fli"I"ll'A' ma-rk M—b" Al IMI ""'h RzM-1- Lmd� M d- RETURN FORM TO: 4 Board of Public Works 1316 County -City Building 227 West Jefl'Qrson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 * Fax: (574) 235-9171 4-A ri REF �1�U5 �Q�rnUca�S jukub Cu��.