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HomeMy WebLinkAboutSidewalk Cafe - Woochi1316 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. Jeremy Young Woochi Japanese Fusion & Bar, Inc. 119 N. Michigan St. South Bend, IN 46601 RE: Sidewalk Caf6 — Woochi Japanese Fusion & Bar, Inc. — 119 N. Michigan St. Dear Mr. Young: 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 119 N. Michigan St. Monday to Thursday 11:00 a.m. to 10:00 p.m.; Friday 11:00 a.m. to 11:00 p.m.; Saturday 12:00 p.m. to 11:00 p.m.; Sunday 12:00 p.m. to 9:00 p.m., subject to the State's provided industry guidelines for restaurants during the COVID situation found at ilU.,5-//backoritracl<„irr; ,ov/iris.Ir.:�trw ,tJ(kJJHeS.htm. 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 TO: FROM: SUBJECT: INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 5/4/2020 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 — Woochi Japanese Fusion & Bar, Inc. LOCATION: 119 N. 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 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this 17th day of April, 2020, by and between the (Rity''of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and Woochi Japanese Fusion & Bar .... ....... _ .... . (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk caf6 in front of Permittee's business at: Business Name Woochi Japanese Fusion & Bar, INC. g _ .. — Address 119 N Micht an Street City, State, Zip South Bend, IN 46601 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 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 a 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: 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: 119 N M nw Street, South Bend, IN 46601-1603 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- Days/Hours of Sidewalk Caf6 Sunday — Saturday, 11 a.m. — 11 p.m. Operation: 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 caf6 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 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) Permittee 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) 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 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 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: 4/17/2020 Permittee Signature- ` Name: Jeremy You!! Title: Proprietor BOARD OF PUBLIC WORKS APPROVAL BOARD OF PUBLIC WORKS Gary A. Gilot, President 'Therese J. Doran, Member ( Wes- -1) 1, X. I -- Elizabeth A. Maradik, Member Jordan V. Gathers, Member Joseph R. Molnar, Member Linda M. Marlin, Clerk Updated 05/2017 3 I ai ki r`ln ft4" l ,. xi APPLICATION FOR DJKWAL CA14? P RMIT CITY OF SOUTH BEND, INDIANA N5, DATE IZ® N6FEE PAID X$10.00 � Applicant's Legal Name Jeremy Young Title Pro rim etor Business Name Woochi Japanese Fusion & Bar, INC. Address 119 N Michigan Street South Bend, IN 46601 Telephone Number 574-220- Proposed Location and Description of Sidewalk Cafe fenced area be tween the side door and main entrance for serwitt »food and Ix -vet Days of Sidewalk Cafe Operation Sun Mon Tues Wed 12 p.m. — l l a.m. — 11 a.m 11 a.m. — Hours of Sidewalk Cafd Operation 9 p.m. 10 P.M. 10 P.M. 10 p.m. Thurs Fri Sat 11 a.m. — 11 a.m. 12 p.m. — 10 P.M. 11 p.m. 11 p.m. 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 cafd showing placement/dimensions of proposed cafe 3. Completed/signed Agreement 4. Certificate of Insurance ($1,000,000/occurance and $300,000/person, naming the City of South Bend as additional insured) AFFIRMATION I, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk cafe as permitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. 4/17/2020 Date Signature of Applicant Jerem Yttttt ....Printed Name..... Proprietor Title BOARD OF PUBLIC WORKS APPROVAL BOARD OF^P1 BIA( WORKS �fiw.uLc-u!9<nn�.� i (+n A WA 1' ,eidcnl IhercvcJ JJ i, ilember �(i I 11' nboih A. Mdik, Member -__ ;� J,&, V. C ih Me k, AI1LS'1_ — „Cf mr RETURN FORM TO: 4 SCoh R Motaar, n1G ner - — Board of Public Works l,�nde M tlmbn, Clack 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 I op. . @*a dbodb BID SET (03.30.2018) MCON - - - - - -------------- CONSTRUCTION CO., INC. .......... . *Y4 501 nrr �, �IIIIIIIIIIIIIIIII I Illlllllii VVIIIN IIIIIIIIIIIIIII41-01 10 ca im - MI4pM,M HIPn NLYIY4YW', IFRv �®',.. 4tia,iA�/am i AM RHBYdFA � II IIIM'MMtl'AN�'"NI,I ��, 1 I yt 1� LLVV 'fM l ' C 0 c ZM 7 BID SET (03.30.2018) w WODCHI WCON WJiH1NW l.UMF ' WW AM � �n SIDEWALK CAFE PLAN CONSTRUCTION CO.,, INC. A�M�1J47W t N YR9'�I X8 A�; � 4'4? M�tlY�. JPAA� IF:LffF,MC,N1,Ni'� i�IT- p4tiJ�NBiFXS IPJq'.p1A�%Jd� �'E�"�J "bN4 �,],�b,IN'1 7�PA RE$'� PAIA41 MJi3f �5'8d b^J.M1'��C99 ,m CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 0412212020 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(fes) must 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 stick endorsernen s . PRODUCER CON101111' Steve McNeil NAME. Aldridge Insurance {{ 57 �r tIt _,,,,, ,,,,,,,, 1 EFL c N 1, ....4.......2......3......2......8...2.. 2 „,3 1323 North Ironwood _ ,___....INSURE R(S) Ar FORViNG COVERAGE NAIC # South Bend IN 46615 INSURERA Erie Insurance IfNan� 26271 INSURED INSURER B . Woochi Japanese Fusion & Bar, Inc. INSURER c 119 N Michigan Street INSURERD m..... INSURER E South Bend IN 46601 INSURERF . 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, .... ........ TYPE OF INSURANCE a6� POLICY E F POLICY FJCP . L1R.._.. �,... .....,F..PQLNCV MBER ((i@ p,I�X.I' .._..... LIMITS..._. .m...�... COMMERCIAL GENERAL LIABILITY a r l� ? r mrP 100000.0 _ EACH OCCURRENCE$ 1 rI...IeNr,dSMANE 1__ I rncCNara 000000 -e,�by $ 5000 ,...... .It1LNi6 I afl7 fiAi�� edPi� g-�._.,..e..e A I — Y Q97-1154951 11/02/2018 11/02/2019 1:1_R ONA &ACV INJURY $ 1000000 GENT N,N"L AG GRIIyG ATu- LNNwYnr Ar I nI llES PER.- c I INI IxFat Ar.,s IdN a ATIr $ 2000000 POLICY I ... .� ��N.rf LOG I�Yxzf�el�Cr",;� - C0MII ,0P Acrs $ 2000000 __ arequFr:. Contents Llabilit 141.500 nrx rN AUTOMOBILE LIABILITY COMIANIA, ,IP1, Ti N.gFp .� ANYAUTO IF.NCSIII..Y NJL.HkY (Per persou) $ ,..... ALII gill .;N"# A.:R ....... "AdA UTOS ir#ILYNNaRV(Nara.r<krul) $ NItEeA.a. nNI: $ _............. $ UMBRELLA LIABOCCUR EA I 1fURR fC $ CEXCESS LIABLANMACEA.LIdll A .i .._._...., WORKERS COPENSATION PER ,' _ AND EMPLOYER S'LIABILITY STAII¶4C"_ nahB ANY PROPRIETOPIPARTNEWEXECUTIVE `" '" F.1 AN HACt DE N41( $ 100 000 A OFFICERlMEMBEREXCLU EIp�7 Y N/A Q94-0900651 10/09/2018 10/09/2019 -- -• ..� (NNlandatoryIn NH L ere ALA EA I Nall IJZYI r� $ 500,000 111yes, dos¢xffie under_._ . ... #R �CIUWTIONOF OPLfl.A:l`IONS lre!lovvI E L Nr•'NSI-AEI.::. PI.7LVF;Y LOTvreFlf . $ 100,000 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 listed as an additonal insured regarding the Sidewalk cafe operations. A 30 day notice of cancellation is in effect. CERTIFICATE HOLDER CANCELLATION City of South Bend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Board of Public Works THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 227 W. Jefferson Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE South Bend Fax: mail: © 1988-2014ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD