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HomeMy WebLinkAboutParklet Pilots License Agreement - Install Dining Areas in Parking – Chicory Café, Taqueria Chicago, The General Deli LLC  ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 13, 2021 Mr. Kevin Suarez Taqueria Chicago 2920 W. Western Ave. South Bend, IN 46619 RE: Parklet Encroachment License Agreement for Pilot Project Dear Mr. Suarez: At its April 13, 2021 meeting, the Board of Public Works approved the above referenced agreement for the encroachment license for installing a dining area in the parking lane adjacent to your pilot program restaurant from April 2, 2021 to June 7, 2021. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 13, 2021 Mr. Patrick Wittling The General Deli, LLC 609 E. Jefferson Blvd. South Bend, IN 46617 thegeneraldeli@yahoo.com RE: Parklet Encroachment License Agreement for Pilot Project Dear Mr. Wittling: At its April 13, 2021 meeting, the Board of Public Works approved the above referenced agreement for the encroachment license for installing a dining area in the parking lane adjacent to your pilot program restaurant from April 2, 2021 to June 7, 2021. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh   ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 13, 2021 Mr. Phil Schreiber Chicory Café 105 E. Jefferson Blvd. South Bend IN 46601 philschreiber@comcast.net RE: Parklet Encroachment License Agreement for Pilot Project Dear Mr. Schreiber: At its April 13, 2021 meeting, the Board of Public Works approved the above referenced agreement for the encroachment license for installing a dining area in the parking lane adjacent to your pilot program restaurant from April 2, 2021 to June 7, 2021. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh PARKLET ENCROACHMENT LICENSE AGREEMENT The City of South Bend, Indiana (the “City), acting by and through its Board of Public Works (the “Board”), and Chicory Cafe (“Licensee”), having its place of business located at 105 E. Jefferson Boulevard, South Bend, Indiana 46601, enter into this Parklet Encroachment License Agreement (the “Agreement”) on April 2, 2021 (“Effective Date”) under the terms and conditions set forth below. WHEREAS, Licensee desires to obtain a revocable and non-exclusive license and temporary right of encroachment from the City to use and occupy a portion of City rights-of-way (“ROW”) to permit a parking space encroachment, referred to as a “Parklet”, for the purpose of using on-street parking spaces for the service of food and beverages. WHEREAS, the City is willing to grant Licensee a revocable and non-exclusive license and temporary right of encroachment for such purpose, under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: 1.Premises. The City grants Licensee the right to use the ROW, as shown on the attached and incorporated Exhibit A, at the premises located at (location). The City makes this grant solely to the extent within the ROW depicted on Exhibit A. 2.Term. This Agreement shall commence on April 2, 2021 and shall expire on June 7, 2021. 3.City Responsibilities and Obligations: The City shall be responsible during the term of this Agreement for the following: a.Constructing, installing, maintaining and repairing the Parklet, consisting of the facilities as described and depicted on Exhibit A, attached hereto and incorporated herein by reference. b.Supplying furniture for the Parklet consisting of 5 tables, 20 chairs, and 2 shade umbrellas with bases which shall be placed in the Parklet area in the configuration as described and depicted on Exhibit B, attached hereto and incorporated herein by reference. c.Installing all appropriate traffic calming and protections associated with the Parklet as described and depicted on Exhibit A, attached hereto and incorporated herein by reference. 4.Licensee Responsibilities: Licensee shall be responsible during the term of this Agreement for the following: a.Compliance with all applicable federal, state and local laws, including but not limited to, the Americans with Disability Act (“ADA”) and the Indiana Excise Act. b.Maintaining the configuration of the furniture within the Parklet area as described and depicted on Exhibit B. c.Securing the furniture overnight and during inclement weather, keeping it clean and in good working order. d.Clean all litter, refuse, and spills after each day’s use. e.Offering food and beverage service in the Parklet area during the established business hours of the Licensee, weather conditions permitting. f.Promoting outdoor dining and the City Hit Refresh initiative. g.Not placing or permit any signs or banners in the Parklet area other than those agreed by the City. h.Immediately notify the City of any hazards within Parklet area or customer concerns with the Parklet set-up. i.Licensee claims no right of ownership to the City provided furniture or Parklet infrastructure. 5.Right of Entry. Notwithstanding any other provision of this Agreement to the contrary, the City shall at all times have the right to enter the Parklet area to inspect, improve, maintain, alter or utilize the Parklet area in any manner authorized to the City. 6.Compliance. If Licensee fails to comply with its obligation under this Agreement, the City may at its sole discretion terminate this Agreement or take other measures as it determines necessary to bring the Parklet area into compliance with the terms hereof. 7.Insurance. Licensee agrees to maintain, during the term of this Agreement, Commercial General Liability Insurance. Such insurance shall be issued by an insurer acceptable to the City. A certificate of insurance (“COI”) shall be provided to the City evidencing the coverage. 8.Termination by City. Subject to prior written notification to Licensee, this Agreement is terminable by the City if the Licensee fails to comply with the terms and conditions of this Agreement. Upon receipt of a notice of termination, the Licensee shall immediately cease using the Parklet area for food and beverage service and not permit customer access to the Parklet area. 9.Assignment. Licensee shall not assign sublet or transfer its interest in this Agreement under any circumstances. 10.Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent via certified mail. 11.Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The electronically delivered signatures of the Parties shall be deemed to constitute original signatures. 12.Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana. All disputes, suits, or claims shall be brought in a court of competent jurisdiction in St. Joseph County, Indiana. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ___________________________________ Aaron Perri, Executive Director of Venues Parks &Arts City of South Bend, Indiana Date: _______________________________ CHICORY CAFE _______________________________________ Signature of Authorized Representative _______________________________________ Printed Name and Title _______________________________________ Date 04-05-21 Phil Schreiber, Owner 4/7/21 Chicory Café 105 E Jefferson Blvd, South Bend, IN 46601 Parklet Installations by Aay’s Rental TEMPORARY PARKLET LOCATION #2 Outdated imagery (bumpouts and parking lane formalized today) EXHIBIT A STREET SIDEWALK BUILDING SIDEWALK PARKLET (elevated w/fencing) Block Barricade PARKING LANE Parklet flush to curb: 36’ Long x 6’ Wide x ~5” tall platform with 3’ fencing surround (installed in parking lane) 900lb. Concrete barricade w reflectors & planter tops Block Barricade Block Barricade Water-filled reflective barriers EXHIBIT A Fastened into parklet decking EXHIBIT B City will provide, for temporary use during the parklet pilot, the following furniture: Rustic Metal Chairs (12” x 12” x 29”) Qty. 20 32" Weathered Teak Folding Patio Table Qty. 5 9’ Tilt & Crank Patio Umbrella with 50lb. base Qty. 2 Licensee will place furniture on parklet in a fashion that permits public use during normal operating hours and spaced appropriately to ensure ADA compliance. Licensee will secure and/or store furniture overnight and during inclement weather. Licensee will keep furniture clean and in good working order and will promptly return furniture to the City at the end of this agreement. PARKLET ENCROACHMENT LICENSE AGREEMENT The City of South Bend, Indiana (the “City), acting by and through its Board of Public Works (the “Board”), and Taqueria Chicago (“Licensee”), having its place of business located at 2920 W. Western Avenue, South Bend, Indiana 46619,, enter into this Parklet Encroachment License Agreement (the “Agreement”) on April 2, 2021 (“Effective Date”) under the terms and conditions set forth below. WHEREAS, Licensee desires to obtain a revocable and non-exclusive license and temporary right of encroachment from the City to use and occupy a portion of City rights-of-way (“ROW”) to permit a parking space encroachment, referred to as a “Parklet”, for the purpose of using on-street parking spaces for the service of food and beverages. WHEREAS, the City is willing to grant Licensee a revocable and non-exclusive license and temporary right of encroachment for such purpose, under the terms and conditions as set forth in this Agreement. NOW, THEREFORE, the City and Licensee agree as follows: 1.Premises. The City grants Licensee the right to use the ROW, as shown on the attached and incorporated Exhibit A, at the premises located at (location). The City makes this grant solely to the extent within the ROW depicted on Exhibit A. 2.Term. This Agreement shall commence on April 2, 2021 and shall expire on June 7, 2021. 3.City Responsibilities and Obligations: The City shall be responsible during the term of this Agreement for the following: a.Constructing, installing, maintaining and repairing the Parklet, consisting of the facilities as described and depicted on Exhibit A, attached hereto and incorporated herein by reference. b.Supplying furniture for the Parklet consisting of 5 tables, 20 chairs, and 2 shade umbrellas with bases which shall be placed in the Parklet area in the configuration as described and depicted on Exhibit B, attached hereto and incorporated herein by reference. c.Installing all appropriate traffic calming and protections associated with the Parklet as described and depicted on Exhibit A, attached hereto and incorporated herein by reference. 4.Licensee Responsibilities: Licensee shall be responsible during the term of this Agreement for the following: a.Compliance with all applicable federal, state and local laws, including but not limited to, the Americans with Disability Act (“ADA”) and the Indiana Excise Act. b.Maintaining the configuration of the furniture within the Parklet area as described and depicted on Exhibit B. c.Securing the furniture overnight and during inclement weather, keeping it clean and in good working order. d.Clean all litter, refuse, and spills after each day’s use. e.Offering food and beverage service in the Parklet area during the established business hours of the Licensee, weather conditions permitting. f.Promoting outdoor dining and the City Hit Refresh initiative. g.Not placing or permit any signs or banners in the Parklet area other than those agreed by the City. h.Immediately notify the City of any hazards within Parklet area or customer concerns with the Parklet set-up. i.Licensee claims no right of ownership to the City provided furniture or Parklet infrastructure. 5.Right of Entry. Notwithstanding any other provision of this Agreement to the contrary, the City shall at all times have the right to enter the Parklet area to inspect, improve, maintain, alter or utilize the Parklet area in any manner authorized to the City. 6.Compliance. If Licensee fails to comply with its obligation under this Agreement, the City may at its sole discretion terminate this Agreement or take other measures as it determines necessary to bring the Parklet area into compliance with the terms hereof. 7.Insurance. Licensee agrees to maintain, during the term of this Agreement, Commercial General Liability Insurance. Such insurance shall be issued by an insurer acceptable to the City. A certificate of insurance (“COI”) shall be provided to the City evidencing the coverage. 8.Termination by City. Subject to prior written notification to Licensee, this Agreement is terminable by the City if the Licensee fails to comply with the terms and conditions of this Agreement. Upon receipt of a notice of termination, the Licensee shall immediately cease using the Parklet area for food and beverage service and not permit customer access to the Parklet area. 9.Assignment. Licensee shall not assign sublet or transfer its interest in this Agreement under any circumstances. 10.Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent via certified mail. 11.Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The electronically delivered signatures of the Parties shall be deemed to constitute original signatures. 12.Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana. All disputes, suits, or claims shall be brought in a court of competent jurisdiction in St. Joseph County, Indiana. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 04-05-21 Taqueria Chicago 2920 W Western Ave, South Bend, IN 46619 Parklet Installations by Aay’s Rental TEMPORARY PARKLET LOCATION #3 EXHIBIT A STREET SIDEWALK BUILDING SIDEWALK PARKLET (elevated w/fencing) Block Barricade PARKING LANE Parklet flush to curb: 36’ Long x 6’ Wide x ~5” tall platform with 3’ fencing surround (installed in parking lane) 900lb. Concrete barricade w reflectors & planter tops Block Barricade Block Barricade Water-filled reflective barriers EXHIBIT A Fastened into parklet decking EXHIBIT B City will provide, for temporary use during the parklet pilot, the following furniture: Rustic Metal Chairs (12” x 12” x 29”) Qty. 16 32" Weathered Teak Folding Patio Table Qty. 4 9’ Tilt & Crank Patio Umbrella with 50lb. base Qty. 2 Licensee will place furniture on parklet in a fashion that permits public use during normal operating hours and spaced appropriately to ensure ADA compliance. Licensee will secure and/or store furniture overnight and during inclement weather. Licensee will keep furniture clean and in good working order and will promptly return furniture to the City at the end of this agreement. 4/13/21 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/06/2021 Name Aaron Perri Department VPA BPW Date April 13, 2021 Phone Extension 4782 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Clara McDaniels Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: License Agreement Ease./Encroach Required Information Company or Vendor Name 1. Chicory Café 2. Taqueria Chicago 3. The General Deli LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Parklet Pilots Project Number N/A Funding Source N/A Account No. N/A Amount $0.00 Terms of Contract April 2, 2021 – June 7, 2021 Purpose/Description Pilot project to install dining areas in the parking lanes adjacent to restaurants._____________________________________________________ _______________________________________________________________ ____________________________________________________________ For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: