Fillable Sidewalk-cafe-application City Codes Accessed Via Website

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Sidewalk-cafe-application City Codes Accessed Via Website

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CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (561) 742-6260
City Applications and Codes Accessed
Via Website
www.boynton-beach.org
www.amlegal.com/boynton-beach_fl.us
07-13-2010
SIDEWALK CAFE APPLICATION
I. GENERAL INFORMATION: This application must be filled out completely, accurately, and
submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed.
Print legibly (in ink) or type all information. In addition to the original, provide a copy of the completed
application as part of the submittal, and pay the applicable fee as adopted by the City Commission. This
process is further described in Chapter 2, Article II, Section 6.D of the Land Development Regulations.
A. NAME: _____________________________________________________________________
B. SIDEWALK CAFÉ INFORMATION:
1. Restaurant Information*:
* Pursuant to Chapter 3, Article V, Section 9.C of the Land Development Regulations, a sidewalk café is only
allowed in connection with a legally operating restaurant or nightclub establishment located within the boundaries
of the Community Redevelopment Agency (CRA) area.
a. Name: ___________________________________________________________________
b. Address: _________________________________________________________________
2. Number of Proposed Chairs: ____________________________________________________
3. Which of the following best describes the proposed request?
New construction*: _____ Existing Restaurant Building: _____
* If new construction, the applicant shall be required to complete a site plan application and submit it concurrently
with this request for sidewalk cafe approval.
4. Existing Land Use Classification (from Future Land Use Map): __________________________
5. Existing Zoning District (from Official Zoning Map): ___________________________________
C. APPLICANT INFORMATION:
1. Name: ______________________________________________________________________
Company Name: ______________________________________________________________
2. Address: ____________________________________________________________________
City: _______________________________ State: ________________ Zip Code: __________
Phone: _____________________________ Email: ___________________________________
2
D. PROPERTY OWNER INFORMATION:
1. Name of Property Owner (Trustee): _______________________________________________
2. Owner Address: ______________________________________________________________
City: _______________________________ State: ________________ Zip Code: __________
Phone: _____________________________ Email: ___________________________________
E. CERTIFICATION: (I) (We) understand that this application and all papers and plans submitted
herewith become part of the permanent records of the Planning and Zoning Division. (I) (We) hereby
certify that the above statements or showings in any papers or plans submitted herewith are true to the
best of (my) (our) knowledge and belief. This application will not be accepted unless signed according
to the instructions below.
Signature of Owner(s) or Trustee, of
authorized principal if property is owned by a
corporation or other business entity.
Date
OR
Signature of contract purchaser (if applicant).
Date
II. MANDATORY DOCUMENTS: Unless otherwise specified below, the applicant shall be required to
submit to the Planning and Zoning Division, the non-refundable $40 application fee and each of the following:
A. CONSENT: The applicant shall have written consent from the property owner(s) to operate a sidewalk
café.
B. BUSINESS TAX RECEIPT: The applicant shall provide a copy of the valid business tax receipt
from the associated Restaurant or Nightclub.
C. INSURANCE: The applicant shall provide proof of liability insurance in the amount of
$1,000,000.00 per occurrence, and to include City of Boynton Beach as an additional insured on policy.
The policy should also state that the City shall receive 30 day notification of cancellation.
Continued on next page.
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D. HOLD HARMLESS AGREEMENT: The applicant shall enter into a hold harmless agreement
with the City of Boynton Beach.
CITY OF BOYNTON BEACH
SIDEWALK CAFÉ HOLD HARMLESS AGREEMENT
This Hold Harmless Agreement is made on __________________________, by and between
Date
the City of Boynton Beach, Florida (the City) and _____________________________________.
Applicant
WITNESSTH:
WHEREAS, _______________________________________ located at
__________________________________, City of Boynton Beach, Florida, has requested a
Permit for a sidewalk café pursuant to the requirements as contained herein, and of Chapter 2,
Article II, Section 6.D. and Chapter 3, Article V, Section 9 of the Land Development
Regulations; and
WHEREAS, prior to authorizing the establishment of a sidewalk café, the applicant must
enter into a hold harmless agreement with the City of Boynton Beach, and provide proof of
insurance in conformance with the requirements contained in Part II.C above of this application
and with the applicable Land Development Regulations; and
WHEREAS, _______________________________________ agrees to abide by all the
regulations governing sidewalk cafes as contained herein and with the City of Boynton Beach
Land Development Regulations.
NOW THEREFORE, FOR THE MUTAL COVENANTS AND MATTERS SET FORTH
HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS
FOLLOWS:
1. The recitations set forth above are incorporated herein.
2. ______________________________________acknowledges that the City shall assume
no responsibility for such land, structures, improvements, materials, appurtenances, or furniture,
or the partial or complete destruction or removal of the same on the subject property.
4
3. ______________________________________ shall defend, indemnify, and hold
harmless, the City, its agents, officers, employees, and servants from any and all claims, suits,
causes of action or any claim whatsoever made, arising from the permit of the City to establish a
sidewalk café or from any claims for damages to property or injuries to persons which may be
occasioned by any activity carried on under the terms of the permit.
4. ______________________________________, agrees to provide all insurance required
as contained herein and pursuant to the applicable Land Development Regulations. Failure to
maintain the required insurance shall be sufficient cause for the City of Boynton Beach to
suspend or revoke the Sidewalk Café permit issued pursuant to this application and the
applicable Land Development Regulations.
__________________________________ __________________________________
Applicant’s Signature Witness’s Signature
__________________________________ __________________________________
Applicant’s Printed Name Witness’s Printed Name
__________________________________
Witness’s Signature
__________________________________
Witness’s Printed Name
STATE OF ________________________
COUNTY OF ______________________
The foregoing instrument was acknowledged before me this on
__________________________, by __________________________ (name of officer or agent,
title of officer or agent), of __________________________ (name of corporation
acknowledging), a __________________________ (state or place of incorporation) corporation,
on behalf of the corporation. He / She is personally known to me or has produced
__________________________ (type of identification) as identification.
__________________________________
Signature of Notary Public
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__________________________________ __________________________________
City Clerk City Manager
Approved as to Form and Legal Sufficiency:
__________________________________
City Attorney
E. STATEMENT: The applicant shall submit a signed statement acknowledging receipt and
understanding of the City’s sidewalk café regulations, and a promise of future compliance with such
regulations.
I, _________________________________, acknowledge receipt of a copy of the City of
Applicant’s Printed Name
Boynton Beach Sidewalk Café permit regulations. I have read and understand the regulations.
______________________________________________________________________________
Restaurant Name and Address
____________________________________ ______________________
Applicant’s Signature Date
F. DRAWING: A scaled drawing depicting the layout and dimensions of the existing sidewalk and
contiguous private property. On one (1) sheet, the drawing shall illustrate size and location of chairs,
tables, steps, trees, bus shelters, sidewalk benches, trash receptacle, freestanding lighting fixtures and
signs, handicap ramps, and anything else that could potentially obstruct the sidewalk or impede
pedestrian traffic. The illustration shall include distances between the aforementioned items to ensure
the design is functional and complies with handicap accessibility regulations.
F. ELEVATIONS OR PHOTOGRAPHS:
The applicant shall submit elevation drawings,
photographs, or the manufacturers brochures of all tables, chairs, umbrellas, etc. that will be used as part
of the application.
S:\Planning\Forms\Applications\New Applications (LDR Rewrite)\Sidewalk Cafe.doc
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Sidewalk-cafe-application City Codes Accessed Via Website

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