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License - Renewal for Public Parking Facility - LAZ Parking Midwest, LLC
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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS March 28, 2023 Ms. Sarah Parente LAZ Parking Midwest, LLC 1228 N. Eddy St. South Bend, IN 46617 compliancemailklazparking com RE: Renewal of Public Parking Facility License Dear Ms. Parente: At its March 28, 2023 meeting, the Board of Public Works approved the above referenced public parking facility license renewal. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: 03/01/2023 TO: Jim Wood, Code Enforcement Chris Dressel, Community Investment Gerald Ellis, Fire Department Matt Longfellow, Engineering FROM: Theresa Heffner, Clerk, theffner(o)-southbend in. gov SUBJECT: Annual License Application for Public Parking Facility LOCATION: LAZ Parking Midwest, LLC 1228 N. Eddy Street Public Parking Facilities are regulated by municipal code section 4-39. (Copy attached). Please review the attached public parking license application and provide your recommendations in the spaces below. CODE ENFORCEMENT: Favorable COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Section 4-39(k) Favorable ENGINEERING: Section 4-39(b) Favorable. Sec. 4-39. - Public parking facility. (a) Definition. Public parking facility shall mean any plot, piece or parcel of land or any building or structure used for the purpose of storing motor vehicles where the owners or persons storing such vehicles are charged a fee and which are open to the public. (b) Signs required: (1) Each licensee under this section shall maintain at each entrance to the licensed public parking facility a permanently affixed sign suitable to apprise persons using the public parking facility of the name of the licensee, the hours of the day or night during which such places are open for storing motor vehicles, the rates charged and the closing hours of such lot. (2) When more than one rate is charged for parking, the figures of each rate shall be of the same size and dimensions. The figures shall measure not less than eight (8) inches in height. The letters and figures indicating the closing hours shall not be less than four (4) inches in height. (3) The sign shall give the number of the City license under which the lot is operated. (4) Where the licensee operates a receiving lot in which cars are accepted with the understanding that such cars may be removed to another lot, the licensee shall post on such sign, in letters not less than four (4) inches in height, the following information: "Receiving Lot —Cars Parked Here May Be Moved To No. Street," (giving the address to which such cars are moved). (5) All signs shall be subject to the approval of the Building Commissioner of the City. (6) Where separate rates or charges are made for day parking and for night parking, notice shall be posted on the signs described in subsection (b)(1) of this section. (c) License required. No person shall maintain or conduct a public parking facility within the City without first having obtained the approval from the Board of Public Works and a license issued by the Controller. (d) Application: (1) Applications for licenses for public parking facilities shall be made by the person intending to operate a public parking facility. (2) The application shall set forth the following: a. The name under which and the place where the open parking lot is to be operated. b. Whether the applicant is an individual, partnership or corporation. If an individual, the name and business and residence address of the applicant shall be given; if a partnership, the name and business and residence address of each partner shall be given; if a corporation, the name, date and state under which such corporation was organized, and the name and business address, resident agent, and a certified copy of article of incorporation, if requested by the Board of Public Works, shall be furnished. c. Whether the premises are owned or leased by the applicant, and, if leased, the name and residence and business address of each owner, or part owner thereof. d. The number of motor vehicles which may, at any one time, be stored upon the premises. e. The hours during which motor vehicles may be stored. f. A complete schedule of the rates to be charged for storing motor vehicles and the hours at which changes in rate take place. g. Such other information as the Board of Public Works may deem advisable. (3) The application shall be signed and verified under oath by the applicant, if an individual, or by a duly authorized agent, if a partnership or corporation. (e) Public parking facility. A fee of eighty dollars ($80.00) shall be paid for each license issued under this section. (f) Bond or property liability insurance: (1) No license shall be issued pursuant to this section and public parking facility shall be operated until and unless the licensee under this section has deposited with the Board a bond or property liability insurance policy in the amount scheduled in this section. The bond or insurance policy shall be with one or more adequate sureties or a surety company acceptable to the Board and conditioned that the licensee will pay all final judgments rendered against him for damages arising during the period such bond or insurance policy is in force from the operation of the motor vehicle in such public parking facility, or from loss, damage, theft or conversion of any motor vehicle. (2) Any person who sustains damage by reason of the violation of any provision of such bond or insurance by a licensee may institute suit upon the same and recover any judgment that may be obtained by reason of such suit. (3) The bond or insurance policy shall meet the following requirements: a. It shall contain a provision that it shall continue in force until ten (10) days after written notice of cancellation has been delivered to the Board of Public Works or until the license of the applicant has been revoked. b. The obligation of the bond or insurance policy shall not exceed the principal amount of the bond. c. The bond or insurance policy shall be in the following amounts: 1. Where the licensee conducts one (1) lot, ten thousand dollars ($10,000.00). 2. Where the licensee conducts two (2) lots, fifteen thousand dollars ($15,000.00). 3. Where the licensee conducts three (3) lots, the sum of twenty thousand dollars ($20,000.00). 4. Where the licensee conducts four (4) or more lots, the sum of twenty-five thousand dollars ($25,000.00). (g) Investigation of applicants; issuance of license: (1) If, after investigation, the Board of Public Works determines that the applicant for a license meets the requirements of the section, the Board shall report the same to the Controller. (2) The Controller shall issue to the applicant a license for a public parking facility upon payment of the proper fee. (h) Claimchecks or tags: (1) At the time of accepting a motor vehicle for storage or parking in any public parking facility the person conducting the lot, or his agent, servant or employee, shall furnish to the person parking his motor vehicle a distinctive check. (2) The check shall be numbered to correspond to a coupon placed upon such motor vehicle and contain the name and address of the place and the owner operating such public parking facility. Upon such check shall be written, printed, cut out or stamped the date, and, if parking is charged for on an hourly basis, the time of acceptance of such motor vehicle. (3) The above provision shall not be applied where cars are stored on a monthly fee basis. (i) Rate changes: (1) No licensee under this section shall make any charge for storing any motor vehicle in a public parking facility in excess of that set forth in his application for a license, unless he has: a. Notified the Board of Public Works in writing of the change. b. Posted signs showing such change in the same manner as set forth in subsection (b). 0) Claims against lot; reports; liability after hours: (1) Each licensee under this section shall immediately notify the Controller of any claim over twenty- five dollars ($25.00) made by reason of any loss, theft or conversion occurring upon his premises or of any claim for damages arising from the operation of his public parking facility. (2) The obligation of any person operating or conducting a public parking facility under the terms of this section to the owner of a motor vehicle parked therein shall not extend beyond the regular posted hours of attendance, as posted upon the open parking lot and printed upon the regular receipt check furnished to the motor vehicle owner. (k) Fire equipment required; cars to be accessible: (1) Public parking facilities shall be equipped with proper fire extinguishing apparatus subject to the approval of the Fire Department. (2) All motor vehicles shall be stored in such a manner that they may be reached readily in case of fire or other emergencies. (1) Temporary lots; restrictions: (1) Nothing contained in this section shall be deemed to require the licensing of temporary lots operated for the accommodation of motorists attending public functions, such as football games or circuses, even though a fee may be charged the patrons of such temporary lots. No such temporary lots, however, shall be operated more than two (2) days in any week. (2) At the entrances of the temporary lots there shall be placed a sign on which is printed the words, in letters of sufficient size to be legible to all patrons "Temporary Parking Lot —Not Licensed." (m) Exemptions. All governmental owned and operated public parking facilities shall be exempt from the licensing provisions of this chapter. (Ord. No. 6998-81, § 1; Ord. No. 7723-86, § 2; Ord. No. 9093-00, § XII) For all munlci pal business license questions, contact: City of South Bend • Department of Community Investment 227 West Jefferson Blvd • Suite 1400 S -South Bend, Indiana 16601 • 574.235:5912 • F: 574,235.9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION -4-39 I. APPLICATION TYPE Check One: New Renewal XXXXX II. BUSINESS DATA A. Business Name: LAZ Parking Midwest, LLC B. Business Address: 1228 N Eddy Street City: South Bend State: IN Zip: 46617 C. Mailing Address (If different from above): _One Financial Plaza, 14th Floor City: Hartford State: CT Zip: 06103 D. Business Telephone Number: 860.522.7641 E. Business Fax Number: F. E-Mail Address: compliancemail@lazparking.com G. Maximum Number of Vehicles that can be parked at facility at onetime: 1200 H. Total Number of Parking Spaces atfacility: 1200 1, Hours during which vehicles may be stored: 24 Hours H. Premises are (check one): Leased by Applicant XX Owned by Applicant_ If Leased: Owner's Name: Kite Reality Street Garage Owner's Business Address: 1234 N Eddy Street, Suite 115 City; South Bend State: IN Owner's Residential Address: ip: 46617 City: State: --Zip: J. Insurance Carrier and Amount of Liability Insurance OR Bonding Agent and Amount of Bond: Bcteculie—D 3, Co For Office Use Only Application Filed Public Works Approval Application Fee Paid License Fee Paid Sent to Dept. K 2023 License Number PBPAOa3- OQS Not Approved Reason CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vj�a Elizabeth A. Mamdik, President �� Qvt- t— c Gary A. Gilot, Member Murray L. Miller, Member Joseph R. Molnar, Vice President Jorrddaann V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: March 28, 2023 For all municipal business license questions, contact: City of South Bend - Department of. Community Investment 221 West Jefferson Blvd - Suite 1400 S -South Bend, Indiana 46601 - 574,235.5912 - F: 574,235,9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION - 4-39 Ill. PERSONAL DATA A. Applicant's Legal Name: Marisol Garcia B. Residential Address: One Financial Plaza, 14th Floor City: Hartford State: CT Zip: 06103 C. Residential Telephone Number: 860-522.7641 ex7827 D. Residential Fax Number: E. Cellphone Number: F. Position with Business: Compliance Specialist IV. OWNERSHIP A. Type of ownership (check one): LLc Sole Proprietorship (If, sole proprietorship, proceed to I). _Lt_c Partnership (If partnership, proceed to 2). r-1_c _ Corporation (If corporation, proceed to3). 1. Sole Proprietor Name: Residential Address: City: State: Telephone Number: 2. Partnership (List at least two (2) partners) Name #17 Residential Address: Zip: City.:- State: Zip. Telephone Number: Name #2: Residential Address: City: Telephone Number: 3. Corporation State: Zip: Legal name of corporation: LAZ Parking Midwest, LLC Date and state of incorporation: CT - December 8, 2008 2 For all municipal business license questions, contact: City, of South Bend - Department of Community Investment 227 West Jefferson Blvd - Suite 1400 S -South Bend, Indiana 46601 - 574.235.SM - F: 574,235,9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION - 4-39 IV. OWNERSHIP (Continued) A. Type of ownership (continued): 3. Corporation (continued) Resident Agent: Name: Corporation Service Company Title - Business Address: 251 E Ohio Street, Suite 500 City: Indianapolis State: IN Zip: 46204 Officers: Name #1: Alan Lazowski Title: CEO Business Address: One Financial Plaza, 14th Floor City: Hartford State: CT Zip: 06103 Residential Address: 170 Scarborough Street City: Hartford State: CT _Zip: 06103 Name #2: Michael J Kuziak Title: COO Business Address: One Financial Plaza, 14th Floor City: Hartford - 5tatt: CT Residential Address: 120 Bashan Road City: East Hampton State: CT Name #3: Jeffrey N Karp Title: President & Secretary Business Address: 3 Coply Place City: Boston MA Residential Address: 36 Claypit Hill Road City: Wayland State: MA 3 Zip; 06103 Zip: 06103 p; 02116 Zip: 01778 For all municipal business license questions, contact: City of South Bend • Department of Community Investment 221 West Jefferson Blvd • Suite 1400 S -South Bend, Indiana 46601 •574.235.5912 • F:574.235.9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION - 4-39 V. INCLUDE COMPLETE RATE AND HOUR SCHEDULE WITH APPLICATION VI. INCLUDE A CURRENT INSURANCE POLICY OR BOND VII. INCLUDE $5.00 PROCESSING FEE WITH APPLICATION VIII. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Public Parking Facility license found in the City of South Bend Municipal Code, Section 4-39. M a ri s o I Garcia Digitally signed by M9Garcia 1 /9/23 Date: 2023.01.09 14:2:29:4:48-05'00' Signature 4 Date AV CERTIFICATE OF LIABILITY INSURANCE ;;2 (MMIDD12 Y) 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 poiicy(ies) 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 such endorsement(s). PRODUCER CONTACT Frank Griffin NAME: Amity Ins., a Division of Brown & Brown of MA, LLC PHONE (617)471-1220 NO (617)479-5147 500 Victory Rd. ADDRESS: fgriffin@amityins.com Marina Bay INSURERS AFFORDING COVERAGE NAIC # North Quincy MA 02171 _ INSURER A: Liberty Mutual Fire Insurance 23035 INSURED INSURER B : LM Insurance Corporation 33600 LAZ Parking Midwest, LLC INSURER C: BerkleyInsurance Company 2603 33 West Monroe Street INSURERD:Markel American Insurance Com an 8932 Suite 2010 INSURER E: Federal Insurance Com an �J 0281 Chicago IL 60603 INSURER F: Everest National Insurance Comioanv L0120 COVERAGES CERTIFICATE NUMBER:22-23 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 CONTRACTOR 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICYNUMBER POLICY EFF MWDDIYYYY POLICY EXP MMIDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE 5 1, OOO, OOC PREMISES Ea occurrence $ 1,000,00C A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EEB2611260451032 7/31/2022 7/31/2023 MED EXP (Any one person) S EXCLUDEL PERSONAL & ADV INJURY $ 1 , 000, OOC 7c Contractual Liability GENERAL AGGREGATE $ 2, 000, OOC GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,OOC POLICY X PRO- X LOG $ AUTOMOBILE LIABILITY G MBI NED SINGLE LIMIT Ea accident $ 5,000,000 BODILY INJURY (Per person) $ A X ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS IkS2611260451072 7/31/2022 .7/31/2023 BODILY INJURY (Per accident) $ X NON -OWNED HIREDAUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB OCCUR SEE ATTACHED LIST OF EACH OCCURRENCE $ 100,000,000 X N AGGREGATE 5 100, 000, 000 EXCESS LIAB CLAIMS -MADE POLICIES I/31/2022 .1/31/2023 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N X WC STATU- OTH- EEL E.L. EACH ACCIDENT S 1,000,00 ANY PROPRIETOR/PARTNER/EXECUTI. OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 4A561D260451052 ,1/31/2022 .7/31/2023 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE -POLICY LIMIT i S 1,000,00 A GARAGEKEEPERS LIABILITY 152611260451072 •1/31/2022 ,7/31/2023 $1,000,000 LIMIT C CRIME/EMPLOYEE DISHONESTY 3CCR45002892 7/31/2022 7/31/2023 I $5,000,000 LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) If agreed upon in a written contract or agreement, City of South Bend is included as an additional insured for general liability, but only with respect to the operations of the named insured. Re: 220903 - Eddy Street Commons at Notre Dame CERTIFICATE HOLDER CANCELLATION City of South Bend Attn: Michelle Adams 227 W JEFFERSON BLVD SOUTH BEND, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Griffin/KATHY ACORD 25 (2010/05) INSn25 r7n1nnsin1 © 1988-2010 ACORD CORPORATION. All rights reserved. 716- At-f%On —1— .-i Arnon AGENCY CUSTOMER ID: 25084 LOC #: See ACORD 25 ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Amity Insurance A Division of Brown & Brown of MA LLC POLICY NUMBER See ACORD 25 Soo Certincate CARRIER NAIC CODE Soo Certificate EFFECTIVE DATE: 713112022 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER G: American Guarantee & Liability Insurance Company 26247 INSURER H: Great American Assurance Company 26344 INSURER I: Houston Casualty Company INSURER J: Westchester Fire Insurance Comoan 7t2371 ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFFECTIVE DATE (mm/dd/fyy) P EXPIRATION DATE (mmlddIffy) LIMITS EXCESS GENERAL LIABILITY MKLMlEUL101922 7/31/2022 7/31/2023 AGGREGATE $4,000,000 E UMBRELLA LIABILITY 79863543 7/31/2022 7/31/2023 AGGREGATE $25,000,000 F -EXCESS LIABILITY XC9EX00286221 7/31/2022 7/31/2023 AGGREGATE $15,000,000 G EXCESS LIABILITY AEC011173108 7/31/2022 7/31/2023 AGGREGATE $25,000,000 H EXCESS LIABILITY EXC4457469 7/31/2022 7/31/2023 AGGREGATE $10,000,000 E EXCESS LIABILITY 78187246 7/31/2022 7/31/2023 AGGREGATE $25,000,000 EXCESS PROFESSIONAL & CYBER LIABILITY H22CXS20741 7/31/2022 7/31/2022 AGGREGATE $2,000,000 EXCESS PROFESSIONAL & CYBER LIABILITY G72560723 7/31/2022 7/31/2023 AGGREGATE $5,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION, All rights reserved, The ACORD name and logo are regislered marks of ACORD Y S� rl -�' it1D7'Ris DAME PUBLIC P&MNG�.H FIRST 2 HOURS FREE 11:110 C 1 •' 8-24 00 A� Lost Ticket 11,00 EVENT RATES MAY VARY SAVE TICKET IN VEHICLE Pay At Exit Cate Credit or Depart Card Only -NO CASH- �h OFFICE HOURS: Sam - Spm Mon. - Fri. (574)32-3805 CITY LICENSE IIPBP2022-001 REALI'YGRnu ti M 1 �01