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HomeMy WebLinkAboutSidewalk Cafe - Purple Porch Co-Op1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 25, 2020 Ms. Kristy Robinson Purple Porch Co -Op 123 N. Hill St. South Bend, IN 46617 ;YYYg.j. c,c.YY;Y RE: Sidewalk Caf6 — Purple Porch Co -Op, 123 N. Hill St. Dear Ms. Robinson: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting on August 25, 2020, approved the Application for a Sidewalk Cafe Permit outside your establishment at 123 N. Hill St. on Sunday 11:00 a.m. to 6:00 p.m.; Monday to Saturday 8:00 a.m. to 8:00 p.m. subject to 5' pedestrian clearance; and subject to the State's provided industry guidelines for restaurants during the COVID situation found at ,//l Yc1coI�1 Ycl<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 INTER -OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 8/17/2020 TO: X Matt Longfellow, Engineering Department X Gerard Ellis, Fire Department X Kylie Carter, Downtown South Bend X Chris Dressel, Community Investment James Burns, Police Department FROM: Linda M. Martin, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION — Purple Porch Co- op LOCATION: 123 N. Hill St. DATE DUE: August 24, 2020 FAX OR E-MAIL TO: 235-9171 / cos sot e i a ov s/Linda Martin RECOMMENDATIONS AND COMMENTS: By Date runar i. AGREEMENT FOR TEMPORARY USE OF t "; THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE 180 This Agreement is entered into this 4th _ day of July , 2020 , by and between the City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and Purple Porch Co-op (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 Purple Porch Co-op Address 123 N Hill St City, State, Zip South Bend, IN 46617 Email Address: purpleporch.gm@gmail.com purpleporch.books@gmail.com Contact Phone: 574/287-6724 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: 123 N Hill St, South Bend, IN 46617 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: M-Sat 8am-8pm, Sunday 11 am-6pm 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. 4) Permittee shall pay Ten Dollars ($ l 0.00) 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 cafe shall allow four (4) feet of open sidewalk for ADA and pedestrian access. 7) Permittee shall limit the operation of the sidewalk cafe 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) Pennittee 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 cafe 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 detennined 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 5300,000 per person and 51,000,000 per occurrence, naming the City as an additional insured as to the sidewalk cafe operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage 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. Please provide a contact email. IN WITNESS WHEREOF, this Agreement was executed on the date first written above. Date: Permittee Signature: Name: Title: Contact Email: BOARD OF PUBLIC WORKS Gary 1 Gilot, Presi&iitt� Hfi-bctb A Maradik, Ylcmb,, Joseph R. Molnar, Mcmbcr.... 7/4/2020 Kris o General Manager purpleporch.gm@gmail.com Therese J. D—, Member Jordan V. Gathers, Member 1 t I LSJ: c¢r ,;,, Linda M. Martin, Clerk M APPLICATION FOR SIDEWALK CAF]k PERMIT CITY OF SOUTH BEND INDIANA 1 es6$ L DATE 7I4/20 FEE PAID $10.00 Applicant's Legal Name Krisy Robinson Title General Manager Business Name Purple Porch Co-op Address 123 N Hill St, South Bend, IN 46617 Telephone Number S % �( - 29-7- 02-Y Email Address purpleporch.gm@gmail.com Proposed Location and Description of Sidewalk C66 Days of Sidewalk Caf6 - Operation Sun Mon Tues Wed Thurs Fri Sat Hours of Sidewalk C66 11am-6pm 8am-8pm 8am-8pm 8am-8pm 8am-$pm 8am-8pm 8am-8pm 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 $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 affirm that all the in i tion given in this application is true to the best of my knowledge. 7/4/2020 Date Signaturc l" Ap :icant Kristy Robinson Printed Name General Manager Title 13OARD OF PUBLIC WORKS ( —A (�iloi,F caidcni TnorasaJ D iii, Nk—bu �f _--JA �1 li-bolhA Nh dl. Ncmbc� h,�d-N [ (hes,\Ianb.i �'y Z Al ITS'I': r.o,1.c ctifwu. mnph R Vloins b1omba — — - bind, \f. \1.1m.("I rk RETURN FORM TO: 4 Board of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Phone: (574) 235-9251 0 Fax: (574) 235-9171 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 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 endorse, 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 such endorsements . PRODUCER I Mq!Acl Matt Klalwaall John Scott Insurance 106 Commercial St. Dowagiac, MI 49047 269-782-21 206339-8224 NAIC # INSURED INSURER B ------ Purple Porch CO-OP _______ � . ....eeeeeeee�.. . Kristy Robinson INSURER C:. 123 N Hill St South Bend, IN 46617-2717 INsuFwz: INSURER. F : COVERAGES CERTIFICATE NUMBER. 00014185-192482 REVISION NUMBER: 8 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. "NSR TYPE OF INSURANCE AFL BR POLICY NUMBER.. ......POLICY EFF LTR POLICY EXP . ......... ......... .. „...,.. LIMITS .... ------ A VCOMMERCIAL GENERAL LIABILITY CPP6312152 02/1112020 02/11/2021 EACH OCCURRENCE $ 1, 0011 0 011 00 CLAIMS -MADE I OCCUR tlrlaiA4aL'h"l�Rt"IwrY1mG� -° 5,000 .. PERSONAL 8 ADV INJURY .. $..........1r00Qr000-.. E LIMIT APPLIES PER: �nENL AGGREGATE GENERAL AGGREGATE $ 2,000„,000 PRO -I LOC POLICY JECTPRO- 1 u PRODUCTS PRODUCTSCOMPIOP AGG S 2mOl)..Qa0.Q0.. OTHER. $ AUTOMOBILE LIABILITY GO MMNEO i NGLFciim . q��q_sa•,deank $ JANY AUTO ------ BODILY INJURY (Par person) ......... ............................... $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per acddent) $ HIRED NON -OWNED PR%,1,5•lY DAMACaE AUTOS ONLY AUTOS ONLY 1Pe1 xncRlnlb _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ -- .- ------- DED , RETENTION $ $ A WORKERS EMS' WC 6312152 0211112020.... rH 02111/2021 PEA7Vr, R. 1 000 000 I LIABILITY YIN .......,. ,•• _._! ..._... ANY $ 1,000,000 OFFICE /MEMBH)PARTUDED?ECUTIVE OFFICER/MEMBER EXCLUDED? � N / A �,L,EACHACCIDENT ' ' '� L.DISEASE -EAEMPLOYE $ 1,000,000 yy If DESCRIP ION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ 1,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) The certificate holder is listed as an additional insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of South Bend ACCORDANCE WITH THE POLICY PROVISIONS. South Bend, IN 46601 AUTHORIZED REPRESENTATIVE MDK ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD Printed by MDK on July 06, 2020 at 02:19PM Purple Porch Co-op 123 N Hill St, South Bend, IN 46617 Sidewalk Cafe Description To the Board of Public Works: Outdoor cafe is located against the east side of our building along Hill St. on the sidewalk that is 14 ft. wide. We use 8 ft., leaving 6 ft. for ADA and pedestrian use. We have one round table with an umbrella and six chairs and a picnic table. The round table has a 4 ft. diameter. The picnic table is 6 ft. long and 5 ft. wide. We do not serve alcohol and were not planning to put in a barrier. If required, we will put up a temporary barrier that maintains a 5 ft. clear pedestrian path. Thank you for your consideration. Sincerely, Kristy Robinson General Manager Purple Porch Co-op 574/287-6724 �L4 ! , I-/ —'s - w.;,.k oro-6 ---- I — i Fo� , "' Al/e /,'