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HomeMy WebLinkAboutLicense - Renewal for Public Parking Facility - Mary Coyne Investments1316 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 April 23, 2024 Mr. Martin O. Coyne Mary Coyne Investments, LLC 19040 Shelburne Rd. Shaker Hts., OH 44118 martinoc o�(a) gmai 1. com RE: Renewal of Public Parking Facility License — 123 N. Main St. Dear Mr. Coyne: Thank you for submitting your renewal of the Public Parking Facility License at 123 N. Main St. Upon further review by a City Inspector, it came to our attention that the current signage for the parking lot is missing a number of items the City requires for this license, in accordance with Municipal Code Section 4-39: (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 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. Kindly update the current signage with all items listed above. The Board has approved this license, contingent upon this remedy. Please forward photos of the updated signage to lhensleygsouthbendin.gov. 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 MURRAY L. MILLER BRIANA N. MICOU INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: 03/18/2024 TO: Jim Wood, Neighborhood Services and Enforcement Chris Dressel, Community Investment Derek Erquhart, Fire Department Kyle Ludlow, Engineering FROM: Theresa Heffner, Clerk SUBJECT: Annual License Application for Public Parking Facility LOCATION: Mary Coyne Investments, LLC. 123 N. Main St. 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. NEIGHBORHOOD SERVICES AND ENFORCEMENT: Favorable COMMUNITY INVESTMENT: Favorable 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 municipal business license questions, contact: City of South Bend -Department of Community Investment 227 West Jefferson Blvd - Suite 1400 S -South Bend, Indiana 46601 - 574.235.5912 - F: 574.235.9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION - 4-39 I. APPLICATION TYPE Check One: New Renewal II, BUSINESS DATA A. Business Name: o• /�1/�JT�+��G7� L�� B. Business Address: el City: s° oA State: Zip: d C. Mailing Address ( f different from above): ��- City:- 'y e r S, State: Zip: D. Business Telephone Number: oUr"el E. Business Fax Number: F. E-Mail Address: YYLOLI-+14.0 Ca c _ Wq'i • CutK G. Maximum Number of Vehicles that can be parked at face ity at onetime: H. Total Number of Parking Spaces atfacility: I. Hours during which vehicles may be stored: rs. H. Premises are (check one): Leased by Applicant Owned by Applicant If Leased: Owner's Name: Owner's Business Address. -.- City" State: Zip: Owner's Residential Address: City: State: Zip: J. Insurance Carrier and Amount of Li bility Insurance Bonding Agent a dA �mtof Boocond: j]06 For Office Use Only Application Filed MAR 1 4 2024 Public Works Approval Application Fee Pai License Fee Paid MAR 1 4 2024 Sent to Dept. MAR 1 A 2024 License Number 14— G I fi CITY OF SOUTH BEND, INDIANA Not Approved BOARD OF PUBLIC WORKS Reason lw�a ,�_201 Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Vice President Briana Miiicou, Member r _ 1// ' Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: April 23, 2024 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 - 574.235.5912 - F: 574.235.9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION - 4-39 III. PERSONAL DATA Ifs A. Applicant's Legal Name: B. Residential Address: (ION c�>Eu r. r' City: SQzc1 e,' 5 State: Zip: 1I� C. Residential Telephone Number: D. Residential Fax Number: E. Cellphone Number: F. Position with Business: g16-26�_oFly, 4,'4 -1 �F_r IV. OWNERSHIP A. Type of ownership (check one): Sole Proprietorship (If sole proprietorship, proceed to 1). Partnership (If partnership, proceed to 2). L Corporation (If corporation, proceed to 3). 1. Sole Proprietor Name: Residential Address: City: Telephone Number: 2. Partnership (List at least two (2) partners) Name #1: Residential Address: State: City: State: Telephone Number: Name #2: Residential Address: City: Telephone Number: Zip: Zip: 3. Corporation Legal name of corporation: 1�01'CoA.,r .UP -Stole 4Cc Date and state of incorporation: 0+ O /P 92 2 For all municipal business license questions, contact: City of South Bend • Department of Community Investment 227 West Jefferson Blvd • Suite 1400S -South Bend, Indiana 46601 • 574.235.5912 • 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: Title: ,-1q 0, Business Address: ��c�u� ►� GC City:_ J k�� tate:yIf Zip: Officers: Name #1: tart I - It, Title: 0 -Ff r G Gr Business Address: awo S�Zc( ��_� k'al• City: 'S 9—e- State: 08 Zip: Residential Address: City: State: Zip: Name #1 r,lbucc (v ti Title: &-4 ° c ,­ Business Address: c04/0 s�ie��u •N e City: 54-'&�- H' J State:,, —Zip:ly Residential Address: City: Zip: Name #3: �tJ e C n Title: a 'IP-f I c e r Business Address: / Cr hc(��►c City: 'SW' State: U Zip: Residential Address: City: State: Zip: 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 - 574.235.5912 - F: 574.235.9021 LICENSE APPLICATION FOR - PUBLIC PARKING FACILITY MUNICIPAL CODE SECTION - 4-39 r All I \114b V. INCLUDE COMPLETE RATE AND HOUR SCHEDULE WITH APPLICATION d lf-•Cjy±i, ." 4 VI. INCLUDE A CURRENT INSURANCE POLICY OR BOND - ,e m4Jq A;4�q'y ' � 7s' 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. Signaturpr' Date 4 Prescribed by Bob Taft, Secretary of State 30 East Broad Street, 14th door Columbus, Ohio 43266-0418 Form LCA (July 1994) ARTICLES OF ORGANIZATION (Under Section 1705.04 of the Ohio Revised Code) Limited Liability Company App75.0:f(� Date Fee The undersigned, desiring to form a limited liability company, under Chapter 1705 of the Ohio Revised Code, do hereby state the following: FIRST: The name of said limited liability company shall be (the name musr include the words "limited habiltry company', "limited", "Ltd" or "lad. SECOND: This limited liability company shall exist for a period of THIRD: The address to which interested persons may direct requests for copies of any operating agreement and any bylaws of this limited liability company is: 12040 Shelburne Road (street or post office box) Shakgr Heights- --OH 44118 (city, village or township) (state) (rip cam) C ] Please check this box if additional provisions are attached hereto Provisions attached hereto are incorporated herein and made a part of these articles of organization. FOURTH: Purpose (optional) IN WFTNESS WHEREOF, the undersigned has hereunto subscribed his name, this _day of August, 1998. Signed: Authorized Repr ntative S- Coro, F—s) . INSTRUCTIONS 1. The fee for filing Articles of Organization for a limited liability company is $85.00. 2. Articles will be returned unless accompanied by a written appointment of agent signed by all or a majority of the members of the limited liability company which must include a written acceptance of the appointment by the named agent. 3. A limited liability company must be formed by a minimum of two persons. 4. Any other provisions that are from the operating agreement or that are not inconsistent with applicable Ohio law and that the members elect to set out in the articles for the regulation of the affairs of the limited liability company may be attached. (Ohio Revised Code Section 1705.04] DATE (MM/DDNYYY) � CERTIFICATE OF LIABILITY INSURANCE 01/09/2024 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Liberty Mutual Insurance PHONE . 800 962 7132 aC No: 800 845-3666 PO BOX 188065 E-MAIL SS. BusinessService@LibertyMutual.com INSURER(Sl AFFORDING COVERAGE Fairfield INSURED SMART PARK INC Po Box 44951 OH 45018 INSURERA: Ohio Security Insurance INSURER B : INSURER C INSURER D : INSURER E : Detroit MI 48244 1 INSURER F: nn11PQAn1=C CFRTIFIRATi= NIIMRFR• 0236223681 REVISION NUMBER: 2016-03 NAIC # 24082 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. INSR LTR TYPE OF INSURANCE AD D UBR POLICY NUMBER POLICY EFF MAV DNYYY POLICY EXP MM/DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED300,000 PREMISES Ea occurrence) $ MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 A X X BLS62567338 01/04/2024 01/04/2025 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY1:1 JEC F1 LOC $ i0THM. 1 1 AUTOMOBILE LIABILITY COMBINED SINGLE UM IT accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMA E Per accident $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N/A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, desc(ibe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: For Location 123 N Main St South Bend, IN 46601. City of South Bend is Additional Insured if required by written contractor written agreement subject to General Liability Blanket Additional Insured Provision. rrP:YTI9:IrATC unt nV0 f'&Mr F=l I ATinm City of South Bend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 227 W Jefferson Blvd AUTHORIZED REPRESENTATIVE South Bend IN 46601 Curtis Luken A © 1988-2015 ACORD CORPORATION. All rights reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD MARY COYNE INVESTMENTS, LLC PBP2024-015 f