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HomeMy WebLinkAboutSidewalk Cafe - Chicory Cafe1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS July 28, 2020 Mr. Phil Schreiber Chicory Cafe 105 E. Jefferson Blvd, Suite 103 South Bend, IN 46601 RE: Sidewalk Caf6 — Chicory Cafe — 105 E. Jefferson Blvd., Suite 103 Dear Mr. Schreiber: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting on July 28, 2020, approved the Application for a Sidewalk Cafe Permit outside your establishment at 105 E. Jefferson Blvd., Suite 103 on Sunday to Saturday 9:00 a.m. to 6:00 p.m. subject to 5' pedestrian clearance; and subject to the State's provided industry guidelines for restaurants during the COVID situation found at��://�acl<.or�Fcl<.in.v/xr��;uF y,tu;x��� llr� �li�I1Y., including that tables be at least 6' apart and no more than 6 people at a table, and subject to required 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 w W Q(f) aZ (f) Q W � J O � W J � Qa �U ZJ Q = W ZV) OZ � O � Z J 0 rlr J � L.L 11 0 ., AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE MACY This Agreement is entered into this 0 02 day ofTL,.,,P, 20d0 , by a � 086 City of South Bend, Indiana, by and through its Board of Public Works (hereinaftEjL, �-,,Ly" ) wxjLu (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: 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: S �k 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 31 � of any year. �F Updated 05/2017 1 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 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 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 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: Permittee Signature. Name; µ Title: BOARD OF PUBLIC. WORKS Gary A. Gilot, President Therese E Doran, Member Elizabeth A. Maradik: Member Jordan V. Gathers, Member i ATTEST: Joseph R. Molnar, Member �'uzd� CPTartix Linda M. Martin, Clerk Updated 05/2017 3 APPLICATION FOR S'IDEWAI,i'^iw, CAFE: PERMIT DATE CITY OF SOUTH BEND, INDIANA � � t�l Applicant's Legal Name ct) r � e X& Title Business Name_, Address Telephone Number 1. m'1 FEE PAID $ Q 14- �3 k(r?3�-11� Proposed Location and Description of Sidewalk Caf6: Days of Sidewalk Cafe Operation The following information is REQUIRED for completion of a Sidewalk Caf6 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 $3001000/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 the best of my knowledge. Date Signature of Applicant. ,P Printed Name BOARD OF PUBLIC WORKS Cry A. Glot. P' si&nt LI .MI,A M U, ll—b©e I nq,h R. Molnar. Mem},, Title _..0 `i ",.,.bt,"i9v..,,,..,. lb ­ 7 [). a , Mnnbn 7(d- \. Whrn M—b©, AffLSI ec'.A,chfmm, Lind. M. Maehv, CIA, RETURN FORM TO: 4 Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 • Fax: (574) 235-9171 INSTRUCTIONS SIDEWALK CAFE c�am� 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 INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 7/1/2020 TO: x Matt Longfellow, Engineering Department Gerard Ellis, Fire Department x Kylie Carter, Downtown South Bend x Chris Dressel, Community Investment x James Burns, Police Department FROM: Linda M. Martin, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION — Chicory Cafe LOCATION: 105 E Jefferson Blvd Ste. 103 DATE DUE: July 8, 2020 FAX OR E-MAIL TO: 235-9171 / nLacobs@southbendin.gov s/Linda Martin RECOMMENDATIONS AND COMMENTS: By Date s4-, eon CEZ� d" 0 tT::j-o Client#: 99762 CHICCAF ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/19/2020 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 certificate holder is an ADDITIONAL INSURED, the policy(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 kRAJ4CTAbby Grim ONI Risk Partners O y (A 260 625 7216 (AIC 260 625 7525 1111 Chestnut Hills Parkway E-MAIL abb grim@onirisk.com com Fort Wayne, IN 46814 INSURER(S) AFFORDING COVERAGE NAIC 0 - ---- _ .. � INSURER A: SOCIETY INSURANCE, a mutual company 15261 — — INSURER ....... ... ...... INSURED INSURER g Zenith Insurance Company 13269 Chicory of South Bend, Inc. dba Chicory .......... .. ........ . Cafe C ' INSURER Dr 105 E Jefferson Blvd. ...... ..... South Bend, IN 46601 INSURER E 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 CONTF(ACT 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. INSR TYPEOFINSURANCE ADDLSUBRT INSR MP NM POLICY UBER PMY VY (LTR POL P LIMITS A X COMMERCIAL GENERAL LIABILITY BP20004925 3/01/2020 03/01/2021 EACH OCCURRENCE $1 'OOOiOOO ............. lIY ..... CLAIMS -MADE XI OCCUR '..., ;... P�CSF,,Qr„Ha„Er,�,ct.a�ec0emna)„ $ _._ „------,,,-----_ ,,,,,, MED EXP fAny one person) $ 5,000 ...... PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _ G GENERAL AGGREGATE $2a000,000 PRO - POLICY JECT LOC PRODUCTS COMP/OP _ OTHER. ^, $ A _.,. AUTOMOBILE LIABILITY CA20004926 3/01/2020 03/01/2021 COMBINED SINGLE LIFT 1 000 000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY _ SCHEDULED AUTOS - ................................................ BODILY INJURY (Per accident) ------ $ X AUTOS ONLY X NON -OWNED AUTOS ONLY `P PROPER DAMAGE (PeracddeM1 A UMBRELLA X ..� I occuR 1 UM20004928 3/01/2 020 03/01 /2021 /01 /2 EACHOCCURRENCE E 000 OO , Q Excess LwBIAe CLAIMS MApE A $1 X� ,OOO,OOO DED REThdTINI' ........... ......... $ B WORKERSCOMPENSATION Z136559701 3/01/2020 03/01/2021 PER GTH 11mF ED1 ACCIDENT ECUTIVEFW 4WF EX N / A EL, EACH $1001000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $100 000 If descptbe under .............a .. .,.,- ,,, as, DESORIPTpOA OF OPERATIONS below E L DISEASE POLICY LIMIT s500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ** Supplemental Name ** Chicory of South Bend, Inc. dba Chicory Cafe 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 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 #S2536972/M2536971 AGRI1 New Drawing submitted 7/23 '*r % �S od-.- e-klo e-- '-z::, �- e _PZ cr-->5 lqre ,- fit, ^�'