Sidewalk Cafe Application (2-2011)
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.orgw
ww.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.
3 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. ______________________________________ack
nowledges 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
5 __________________________________ __________________________________ 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