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HomeMy WebLinkAboutEncroachment & Revocable Permit - 224 E. Monroe St. - Silver Phone Services, LLC1316 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 August 8, 2023 Ms. Kierra Cooper Silver Phone Services LLC 1608 Southwood Dr. Mishawaka, IN 46544 Kierracooper344kgmail. com RE: Encroachment into Public Right -of -Way — 224 E. Monroe St. Dear Ms. Cooper: At its August 8, 2023 meeting, the Board of Public Works denied your request for the installation of a public payphone at 224 E. Monroe St. Enclosed please find copies of the permit and application. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: June 22, 2023 TO: Kyle Ludlow, Engineering Department Zach Hurst, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Silver Phone Services, LLC LOCATION: 224 E. Monroe St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: 1. It has been determined that this encroachment in no way impairs the highway or with the free and safe flow of traffic thereon, and it is recommended that the encroachment be permitted to remain. 2. Said encroachment shall not in any way prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way. PUBLIC WORKS: Unfavorable recommendation COMMUNITY INVESTMENT: Negative recommendation for a right-of-way installation. FIRE: Favorable ENCROACHMENT APPLICATION City of South Bend - Board of Public Works r. c. T7 227 W . Jefferson Boulevard, Ste.1316 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Sliver Phone Services LLC Address: 1608 Southwood Drive City/State/Zip: Mishawaka IN 46544 Phone:574-315-9205 Email: kierracooper344@gmail.com ENCROACHMENT INFORMATION: Location of Encroachment: 224 E.Monroe Street South Bend IN, 46601 Encroachment Description: Public Payphone CL Road to R/W Line: 25 ft Distance of R/W: 12ft3in INSTALLER'S INFORMATION: Business Name: Kierra Cooper Address: 1608 Southwood Drive Size of Encroachment: 10in x 16in Amount in R/W: 5 ft City/State/zip: Mishawaka IN 46544 Phone:574-315-9205 Email: kierracooper344@gmail.com Signature: Printed Name: Kierra Cooper INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ❑ Photos of the area where encroachment will take place. ❑ Plans and Specifications ❑ Completed Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information given in this application is accurate and correct. I understand that encroachments must in no way impair the highway or free and safe flow of traffic thereon and may be revoked at any time. Signature of Applicant: � Date: (P __ ZJ W2_3 Printed Name of Applicant: Kierra Cooper ITH sacs REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name Silver Phone services LLc , hereafter, the "APPLICANT." The encroachment will be permitted to remain and continue under the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS ("BOARD") of the CITY OF SOUTH BEND ("CITY") shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in any way prejudice or preclude the CITY'S rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void; 5) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANTthat arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law. This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit. President Member Member Submitted By: Kierra Cooper Signature: Date: BOARD OF PUBLIC WORKS APPROVAL Member Member Attest Revised on 9.14.21 Bringing the past back Public Payphone Company 06.14.2023 Kierra Cooper Silver Phone Services LLC 1608 Southwood Drive Mishawaka IN 46544 1 I. iv` ►,J Silver Phone Services LLC is a newly created public payphone company. My goal is to bring back a part of history that should have never left. Even though the world has cell phones, not everyone in the world can afford the expense of keeping their phone plan monthly. Which is why I decided to be the first to bring public payphones back to South Bend. Goals 1. Install 20 payphones throughout the City of South Bend through 2023-2024 Specifications Phone Service Provider: AT&T Local Call: $0.50 for 5 minutes Long Distance Call: $0.75 for 5 minutes Incoming calls: No Information Call: $0.75 PBX: No Handset Phone: 32in Company Finances I will be using my personal accounts to fund my business. Photos I have included pictures of my first location 224 E. Monroe Street South Bend IN 46601. The building is currently vacant and is located near Hope Ministries. 2 _-�- ate: �=�:a...� _��• 'ill'.• _� _ _ -. � i; f 3 .',III'! :,....-_ _ _..w.�� �'_ —�_.. y~~ �� - � _`:.---• �—��T�__ �~ -_: `.T-_-- _ ��, w -mow �= �Y �+�-��-�-�� �..� '� .�- +`�w�� � _ `•�-y.-�.�.. .__ i 11 i 1U8InI�pllAlllh�� �nnHmmmm�m�nnneueall ,. �� 1� �� ��•- =fir:': ., - ;: � •�� . ' � '• r:r��:�� y'. - ' ,:;: tip: �'��,:ar' . _�77,,