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HomeMy Public PortalAboutBEN & JERRY'S.pdfCITY OF TYBEE ISLAND SIDEWALK CAFE OR MERCHANDISE DISPLAY PERMIT BEN & JERRY'S OF SAVANNAH 25 E. BROUGHTON ST. SAVANNAH, GA 31401 Business Location: 15C TYBRISA ST. Certificate #: 502 Date Issued: 1/24/2023 A clear pedestrian path of a minimum of 4 feet must be maintained at all times. Compliance with ADA provision is required at all times. A sidewalk element shall not be permanently attached to the sidewalk. Sidewalk elements shall be stacked/set aside immediately upon ceasing daily operation and must be secured in such a manner as to prevent their use. Use of the right-of-way may be temporarily suspended at the discretion of the city. Sale transactions shall not occur on sidewalks. All sales must occur in the building. SIDEWALK CAFE - 1 UMBRELLA HOURS OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday OPE RATION 11AM — lOPM 11AM—lOPM 11AN1—lOPM 11AM — 10PM 11AM — 10PM 11AM — IOPM 11ANI — lOPM This Permit and plans must be displayed in a conspicuous place in your business establishment. The City of Tybee Island must be notified of any change in status. This Permit is not transferable and is subject to being revoked if abused. This Pe it expires on 12/31/2023. sa L. Schaaf Planning & Zoning P.O. Box 2749 • 403 Butler Avenue • Tybee Island, Georgia 31328-2749 (912) 472-5033 CITY OF TYBEE ISLAND SIDEWALK CAFE OR MERCHANDISE DISPLAY PERMIT APPLICATION Business name Q� P X r7 's eig 5 . H4 -e..4 Street address ig- c r 4 r, t 6 h A S 71 • / h<, :1.' h, cl ' /.l ,p rdr[ ah 51 `_ •Q-veih+vt, Mailing address � 6- /4 ?/7o/ Name of business owner: 4 J „, S i b h Email Set U Ft[n r 6Gi lCrn r S A9A.4 .ii c Phone numbers of owner: Business q`a (AI / a0 gi Home Mobile 9 >0 3 ( 7 Y 7 g,3 Name of applicant if other than owner: Email Phone numbers of applicant: Business Home Mobile Relationship of applicant to owner (same, employee, agent, etc.) Mailing address of applicant Applicat cn is for: Sidewalk Cafe 1. The length and width in feet of the public right-of-way to be used: 2. The number of tables and chairs to be provided at the Sidewalk Cafe: 3. Hours of operation of the Sidewalk Cafe or Merchandise Display: Sunday: Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: 11 until until until until until until until Jo Merchandise Display Aso FOR OFFICE USE ONL'1 Date Received New or Renewal License Number Sidewalk elements of cafes and merchandise displays must be secured daily when normal business operations cease. The applicant shall not replace the approved items or change the layout without written authorization from the Planning and Zoning Manager. DOCUMENTS REQUIRED WITH APPLICATION O Affidavit (must be notarized; see page 2) O Indemnification Agreement (must be notarized; see page 3) • Certificate(s) of Insurance listing the City of Tybee Island as an additional insured (see page 4) O A Site Plan to scale with measurements of the proposed sidewalk area and all items to be placed on or within it (see page 4) Cl Photograph(s) of the sidewalk area (optional) Applicant's signature Printed name Date ROUTING APPROVE OR DENY BY DATE FEE City Marshal Sidewalk Use Fee $0.00 An application may require 30 days or more to process. DIRECT AN APPEAL OF PERMIT DENIAL TO THE CITY MANAGER. Planning & Zoning Manager 403 Butler Avenue, P.O. Box 2749, Tybee Island, Georgia 31328 (912) 472-5033 FAX (912) 786-9539 Lschaaf@cityoftybee. org r?w Page 1 of 6 12/14/2012 INDEMNIFICATION AGREEMENT (RELEASE AND HOLD HARMLESS AGREEMENT) This Indemnification, Release and Hold Harmless Agreement is made this go day of (Fa IA , 20 a 3 , by *in he -1/ 4- G 401Y y' s ("APPLICANT") for the benefit of the City Tybee Island, Georgia ("CITY"). When referred to herein, the CITY means the Planning and Zoning Manager, the municipality, its City Council, and each member thereof, and its officers, employees, advisory board members and representatives. WHEREAS, the APPLICANT is the owner or lessee of the property located at Island, Georgia; and, WHEREAS, the APPLICANT has applied for a Sidewalk Cafe or Merchandise Display Permit for the temporary use of the sidewalk area abutting the property described above pursuant to City Codes, ordinances, and policies and is required thereby to indemnify, defend and hold and save the CITY harmless for its use of the public right-of-way (hereinafter collectively the "PROPERTY"); and, WHEREAS, the APPLICANT is authorized to and has obtained all necessary approvals for this Agreement, NOW, THEREFORE, in consideration of the CITY allowing the APPLICANT to use the public right-of-way for its Sidewalk Cafe or Merchandise Display the APPLICANT agrees as follows: 1. 2. 3. 4. 5. C i y /4,'6 s4 s 71- , Tybee The above recitals are true, and correct and are incorporated herein by reference, The APPLICANT agrees to indemnify and hold and save the CITY harmless from any and all damages, loss or liability occurring by reason of any injury of any person or property which may occur as a result or consequence of the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them. APPLICANT will, at their own cost and expense, defend and protect the CITY against any and all such suits, claims or demands which may be claimed to have arisen as a result or consequence of or in connection with the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them. Notwithstanding the foregoing, this should not be construed so as to require the applicant or anyone else to indemnify the CITY for claims arising from the sole negligence of the CITY, its agents, employees, or officers. The APPLICANT does hereby remise, release, satisfy, quit claim, and forever discharge the CITY from any and all actions, suits, claims or demands that they ever had, now has, or may have in the future against the CITY as a result of the granting of the Sidewalk Cafe/Merchandise Display Permit or because of the use of the PROPERTY by the APPLICANT or their family, officers, agents, representatives, guests, employees, invitees, or persons contracting with either or any of them. The APPLICANT will maintain liability or other insurance as required by City codes, ordinances, and policies which shall name the CITY as an additional insured and for which the CITY will be given a current certificate. Said liability or other insurance shall provide coverage for any suit or claim arising from the issuance of the Sidewalk Cafe or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT. The terms of this Indemnification Agreement shall be binding upon and representatives, successor Notarized signature: Printed name: Date: STATE OF GEORGIA COUNTY OF CHATHAM assygns. .�j The foregoing instrument was acknowledged before me this 2_ •' day of CjeN. SC-C.,b��>^ Signature of Notary Public My Commission expires: Page 3 of 6 inure to the benefit of the parties and their heirs, legal Jon ,20 ,by who is personally known to me ```0b1 �,' t*kyie identification. P�.Go.Ms' �;p9 T. ‘40T4,9)._ � . : - 2'� 7 ;�t ` �. • � o7,y� BL10 � hQ 01.2et Q lr''rtC�UNTY 01 - 12/14/2012 AFFIDAVIT I, 61&/' name on behalf of the establishment known as /CCJ• / r,56 5 , street address , acting in the capacity of owner, agent, employee, etc. business Vine , Tybee Island, Georgia, attest to the following: located at o I have reviewed this application and all entries are correct and accurate to the best of my knowledge. o There are no omissions of fact. o There are no items located on the sidewalk where the Sidewalk Cafe or Merchandise Display is proposed that would prohibit the Planning and Zoning Manager from issuing a Sidewalk Cafe or Merchandise Display Permit. o No violation(s) of Georgia Law, Federal Law, Local Ordinance, or any Rule or Regulation of the State Revenue Commissioner, or any Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the last 12 months preceding the date of the application, or, o The following violation(s) of Georgia Law, Federal Law, Local Ordinance, or Rule or Regulation of the State Revenue Commissioner, or Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the 12 months preceding the date of the application: o I have read the South End Policies and Procedures and will abide by said South End Policies and Procedures at all times during the term of the Sidewalk Cafe or Merchandise Display Permit. Notarized Signature: Printed Name: STATE OF GEORGIA COUNTY OF CHATHAM rte\ The foregoing instrument was acknowledged before me this Z day of CC -14 he -r — Date: 2hoc\ Bcc,bcuer Signature of NotaryPublic My Commission expires: Page 2 of 6 , 20 2_j , by who is personally known to me or who has produced identification. I zooz5 oil 01 12/14/2012 utio`k )/11 (7 V A`�RLJ CERTIFICATE OF LIABILITY INSURANCE DATE(W2023 Y) 1/20/2023 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: N the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must be endorsed. If SUBROGATION I3 WAIVED, subject to the tenors 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 GREGG M MILLER (17016) 2019 LINNHURST DR PO BOX 5709 SAVANNAH, GA 31404-0000 CONTACT GREGG M MILLER PHONE FAX 912-355-3005 mic. N... Eatl: 912-355..5454 (A/C, No): Ems; GREGG.MILLERQCOUNTRYFINANCIAL.COM INSURER(S)AFFORDING COVERAGE NAIL II PURER A : COUNTRY Mutual Insurance Company 20990 INSURED 8761266 SCRIB SOLUTIONS INC 25 E BROUGHTON ST SAVANNAH, GA 31401 INSURER B : IW5URER 0 IN RO' USURER E : DIMMER F : • 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 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. PISA TYPE OF INSURANCE ADDL !NSA SUER WVD POLICY ma'am POLICY EFF (MMIDOIYYYY► POLICY EXP (MWDDIYYYYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ✓ GM9233868 12/14/2022 12/14/2023 RRREN Eb HAG $ 2,000,000 $ 50.000 DEACH OOCCURRENCE PREMISES (Ea occurrence) MED EXP (Any one person) $ 5,000 CLAIMS -MADE I V. I OCCUR PERSONAL BADV INJURY $ 2,000,000 ✓ BUSINESSOWNERS GENERAL AGGREGATE $ 4,000,000 $4,000,000 PRODUCTS - COMP/OP AGG GENT. ( AGGREGATE UMITAPPLIES PER: POLICY I pif LOC A AUTOMOBILE ✓ UABILnY ✓ SCHEDULED AUTOS NON -OWNED AUTOS ✓ GM9233868 Covered on Businessowners 12/14/2022 12/14/2023 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A ✓ UMBREUA UAB EXCESS !JAB ✓ OCCUR CLAIMS -MADE ✓ GU9233875 12/14/2022 12/14/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000 000 $ DED ✓ RETENTIONS 10.000 WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS 0010w N! A WC STATU- OTH- TORY UNITS ER EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Addhlor al Remarks Schedule Amore apace Is required) POLICY INFORMATION: HIRED AUTOS LIMIT AND NON -OWNED AUTOS LIMIT ARE $100,000 EACH OCCURRENCE SUBJECT TO A $100,000 AGGREGATE LIMIT (CONTINUED) CERTIFICATE HOLDER CITY OF TYBEE ISLAND 403 BUTLER AVE TYBEE ISLAND, GA 31328 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 01988-2010 A• RD C t ' ORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: AWaRU® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY POLICY NUMBER GM9233868 CARRIER COUNTRY Mutual Insurance Company NAIC CODE 20990 NAMED INSURED SCRIB SOLUTIONS INC 25 E BROUGHTON ST SAVANNAH, GA 31401 EFFECTIVE DATE: 1/20/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSUREO(S): CITY OF TYBEE 403 BUTLER AVE TYBEE ISLAND, GA 31328 ACORD 101 (2008101) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD