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Home My WebLink AboutSidewalk Cafe - The View Tavern1316 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. Rebecca Ullery The View Tavern 515 E. Jefferson Blvd. South Bend, IN 46617 xarrtiicvx� wtave,rn�e.>:. , rYgiLc,oin RE: Sidewalk Caf6 — The View Tavern — 515 E. Jefferson Blvd. Dear Ms. Ullery: 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 515 E. Jefferson Blvd. Monday to Saturday 11:00 a.m. to 10:00 p.m.; Sunday 3:00 p.m. to 10:00 p.m. subject to the State's provided industry guidelines for restaurants during the COVID situation found at iit!p�://i�acl<c�rr��acic rrr ��v/xr��I�;�� y�,I�i�.�� lirre�.ir�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. 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: 3/16/2020 TO: Matt Longfellow, Engineering Department V Todd Skwarcan, Fire Department Kylie Carter, Downtown South Bend Angela. Smith, South Bend Area Plan mimes Burns, Police Department FROM: Linda M. Martin, Clerk I. SUBJECT: SIDEWALK CAFE RECOMMENDATION — The View Tavern ............ . __ � ......... ..... � ..... _ _ ..... LOCATION: 515 E. Jefferson Blvd.. DATE DUE: April 7, 2020 FAX OR E-MAIL TO: 235-9171 / Imartin a southbendin. oovv RECOMMENDATIONS AND COMMENTS: By Date APPLICATION FOR SIDEWALK CAFE PERMIT CITY OF SOUTH BEND, INDIANA DA 11? N �) FEE PAID Applicant's Legal Name Business Name Address Telephone Number Sr)(`) 2— Proposed Location and Description of Sidewalk Cafd Title 6 t__0 Vl cv', &P Days of Sidewalk Cafd Operation Suit I Nion I Tues I Wed I -fhurs Fri Sat Hours of Sidewalk Cafd Operation — 11 - ( 1((p 4_A 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 certify and affirm that all the information given in this application is true to the best of my knowledge. F N ' Maturof A Date e pp cant I Printed Name wm ry Title BOARD OF PUBLIC WORKS APPROVAL BOARD OF PUBLIC bt ORKS s_,v 61,, Gary,A. (filot,President Therese I. Doug Member —taA)_ aL, %, .Xl;, RETURN FORM TO: 4 ��- 77- ATTLST: Board of Public Works 1316 County -City Building °bu eP(�irr 227 West Jefferson Boulevard Joseph R.MoInar°member - South Bend, IN 46601 Lindalt.ta n,Cerk Phone: (574) 235-9251 • Fax: (574) 235-9171 7 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 cafd shall allow five (5) feet of open sidewalk for pedestrian right-of-way. 7) Permittee shall limit the operation of the sidewalk cafd 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 cafd, 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 cafd 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 cafd 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 cafd. 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 cafd operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage 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. Updated 05/2017 2 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: Permittee Signature: Name: Title: BOARD OF PUBLIC �WORKS Gary A. Gilot, President n Elizabeth A. Maradik, Member Joseph R. Molnar, Member BOARD OF PUBLIC WORKS APPROVAL Therese J. Dorau, Member Jordan V. Gathers, Member ATTEST: �-'inda GPT�rtix Linda M. Martin, Clerk Updated 05/2017 3 4::�F � if Ir IT ' + ` CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNM) �W 3/10/2020 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. to the terms and If of the policy, certain Dpoliic ADDITIONAL Lmay require an endorsement must A statement on this certificcate does not conferrights o IMPORTANT: If the certificate holder is an AD rl hts to the certificate holder in lieu of such endorsement(s), PRoouclaa Ellen McDonald Lqa 'Lnauna=a 6caimg, PHONE L57&1234-778a FAX r$14 7439 u2z 331 S. Eddy Street ADD'L LId ..-,, E 'S• -- � OVERAGE _ 0 P.O. Box 1975 RAID � „�. INSURERIS) AFP(�RDIRc�.� South Bend IN 46617-1975 INSURER A: Cincinnati SpecialtyInsurzance INSURED INSURER B:A a to-Ownors Insurance Comp. -in 18988 T-Lee LLC, DBA: The View ter, Parkview Properties, Inc INSURE RD: 515 E Jefferson Blvd INSURERE: South Bend IN 46617 INSURERF: COVERAGES CERTIFICATE NUMBER:1/20 REVISION NRJMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR "THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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„ R TYPE OF INSURANCE P CY P XP INSDPOLICYNUMB R ( LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCIJRRE,ILgE $ A CLAIMS -MADE FX OCCUR ranra�d,c acw t. LAGGREGATE LIMIT APPLIES PER: POLICY 0JECOT- LOC AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOS I IAUTOS WIRED AUTOS NON -OWNED AUTOS UMBRELLA LIAR OCCUR EXCESS LIAR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY dnNIA ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory in NH) CSD 0053345 09021126 10/30/2019 110/3012020 1 MED EXP 10/6/2019 1 10/6/2020 INJURY GENERAL PRODUCTS • COIMNIOPAGG $ $ _COMS9 94�&6dEa r,.� - $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMS 9 E $ $ EACH OCCURRENCE $ AGGREGATE E.L. $ 1'000,01 100,01 exclude 1,000,0( 2,000,0( 2,000,oc E.L. DISEASE - EFL EMPLOYEE 1 $ 500 01 E.L. DISEASE - PIOLICY LIMIT S A'00 _ n, DESCRIPTION OF OPERATIONS I LOCATIONS I VEWICLES (ACORD 101, Addllonal Remarks Schedule, may be attached H more apace Is required) City of South Bend is additional insured with regards to general liability coverage CERTIFICATE HOLDER CANCELLATION 5742359171@rcfax.com SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 227 W. Jefferson Blvd ACCORDANCE WTH THE FOLOCY PAIOWSMS. South Bend, IN 46601 AUTHORIZED REPRESENTATIVE Patrick Kennedy/EMM 1988-2014 ACORD CORPORATION. All ri hts reserve) ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS026 (201401)