HomeMy WebLinkAboutSidewalk Cafe - Vegetable Buddies1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
July 12, 2016
Mr. Jeffrey Harrison
Vegetable Buddies
129 N. Michigan
South Bend, IN 46601
RE: Sidewalk Cafe — 129 North Michigan
Dear Mr. Harrison:
PHONE 574/235-9251
FAX 574'235-9171
At its meeting held on July 12, 2016, the Board of Public Works approved the application for
a Sidewalk Cafe Permit outside your establishment at 129 North Michigan on Wednesday and
Thursday from 4:00 p.m. to 12:00 a.m., and Friday and Saturday from 4:00 p.m. to 2:00 a.m.
subject to ensuring that all electrical cords in the proximity of the dining area remain hazard -
free, and there is five feet of usable sidewalk for pedestrians.
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 your records. Please be reminded that the
sidewalk cafe permit is only good between April 1 and October 31, 2016. Also, please be
aware that a 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,
Lindn, Clerk
Enclosure
c: Corbitt Kerr, Engineering
Toy Villa, Engineering
Gene Eyster, Police Department
Adam Burke, DTSB
GARY A. GILOT DAVID P. RELOs ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
TO:
FROM:
SUBJECT:
DATE DUE:
FAX OR E-MAIL TO:
INTER -OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE SENT:
JCorbitt Kerr, Engineering Department
Yederico Rodriguez, Fire Department
Adam Burck, Downtown South Bend
(aburck@downtownsouthbend.com)
Charles Bulot, Building Department
%,{Ayoka Paek, Building Department
JJ Pat Hechlinski, Police Department
Linda M. Martin, Clerk
SIDEWALK CAFE REC rMMENDATION
Vegetable Buddies — 129 N Michigan
07/5/2016
235-9171 / lmartin@southbendin.gov
RECOMMENDATIONS AND COMMENTS:
By Date
6/27/2016
SIDEWALK CAFE
1. Complete both the Agreement and the Permit Application documents
Please remember:
a. Indicate your business' address
b. Indicate your business hours of the sidewalk cafe operation
c. A description of the location of the sidewalk caf6
d. Attach a drawing of the location to the Agreement
2. Signature and contact information is required
3. Return Agreement, Permit Application and your payment to:
Board of Public Works
227 West Jefferson
1316 County -City Building
South Bend, Indiana 46601
Phone: (574) 235-9251
Fax: (574)235-9171
E-mail: publicwksCsouthbendin.gov
AGREEMENT FOR TEMPORARY USE OF
THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE`
This Agreement is entered into this - IL day of 201_, by and between the
City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and
(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 Vegetable Buddies
Address 129 N Michigan
City, State, Zip South Bend, IN 46601
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
Name:
Gi6oyae7-4,6tr &Iddl�y 11V(
Title:
BOARDD OF
PUBLIC WORKS APPROVAL
President Member Member
Q& wi��
Member
DATE
4MVr27:-�
Date
APPLICATION FOR SIDEWALK CAFt PERMIT
CITY OF SOUTH BEND, INDIANA
FEE PAID
Applicant's Legal Name Title
� �kr y� L r0�lti° A�iCe B�1d�Py �yG
Business Name
Address
Telephone Number
Proposed Location and Description of Sidewalk Cafe /,q/
Q e f Tgl/Rgi 1r
4/
Days of Sidewalk Cafe Operation
Hours of Sidewalk Cafe Operation
Sun
Mon
Tues
Wed
Thurs
Fri
Sat
The following information is REQUIRED for completion of a Sidewalk Cafe Application:
I. Completed/signed application, including a $10.00 fee
2. Drawing(s) and description of proposed sidewalk cafe showing placement/dimensions of proposed cafe
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 cafe as permitted herein. I do hereby certify and affirm that all the information given in this application is
true to the best of my knowledge.
4
Date Sign r f App an
Printed Name
Title
BOARD OF PUBLIC WORKS APPROVAL
gPrcsilt Memb r Member
Member Me er Date
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: 129 N Michigan South Bend, IN 46601
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 Wednesday Thursday 4:OOPM -12:00 Am
Operation: Friday Saturday 4:00 PM - 2:AM
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 s` of any year.
4) Permittee shall pay Ten Dollars ($10.00) 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 caf6 in front of any other business other than
Permittee's.
6) The placement of the sidewalk cafe shall allow five (5) feet of open sidewalk for
pedestrian right-of-way.
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) Permittee has received approval of the City for the furniture, the perimeter barrier, and
other items to be used in the operation of the sidewalk cafe, including the design and
2
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 cafe operation. Such closed container shall be of a type and shall be
placed as determined 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 cafe.
14) Permittee shall provide and maintain during the term of this permit policy of public
liability insurance, with coverage not less than $300,000 per person and $1,000,000 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
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 approvalldenial of this request will be issued by return of this form,
upon signed authorization by the Board of Public Works.
IN WITNESS WHEREOF, this Agreement was executed on the date first written above.
Date: 6 - q 16
Permittee Signature:
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