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Home My WebLink AboutCOM 0754.000 1996-1998 Bears Coffee 106 Reawe Street Hilo Hi 96720 W:935-0708 H:934-7047":.„ March 5, 1998 The Honorable Dominic Yagong Chair, Committee on Public Works County Council, County of Hawaii 25 Aupuni Street Hilo H1 96720 Dear Chair Yagong: I have enclosed an application seekin" renewal of the sidewalk use permit for BEARS COFFEE. We use the permit to operate cafe table service on the sidewalk adjacent to cur shop. We at BP:AR;i tjpprecrate the positive comments shared by the council last, year and hope that the council is still pleased to renew this permit. We feel our commercial presence continues to add a pleasing and productive atmosphere to "historic downtown" as a whole. We are happy the vitality of BEARS has been appreciated by locals and visitors alike. In addition to our regular- hours, in January, we opened 8-noon on Sundays. This has been an especially positive experience for both our customers and the staff. Due to lack of hn~iness we had to abandon our evening hours on Friday and Saturday nights. We would he happy to re-initiate these hours when downtown picks up a little. The covered sidewalk is ten feet wide; the cafe tables and chairs take up five feet of space allowing ample room for pedestrian traffic. Thank you for your attention to this matter. Please feel. free to call if you have any questions or comments. Sincerely, CZ Robert P.(Phil) Henderson Owner/Bears Coffee P.S. Attached to the application is: 1) a current letter of consent from the agent of the owner of the building; 2) Certificate of Insurance for both the county and owner; and 3) a copy of the "indemnity" clause used last year which I would be happy to sign again this year. . . STR .,.;t. ?b.. NJ X MAR 0 6 1998 INFORMATION SHEET FOR SIDEWALK USE PERMITS People seeking a sidewalk use permit should utilize this information sheet to provide the County Council with the necessary information and documentation as required by Chapter 22, Division 5, of the Hawaii County Code 1983, as amended. App scant Name: Business Name and Addre s Nature/TM; f Business: co. hPP Address of Sidewalk Whe a Permit Is Requested: Services/Goods To Be Placed On Sidewalk: ('a +e tat~1es A h Date(s) of Use Requested: n vi V CC 11eyvjct Please attach the following: ? Description of sidewalk. (Please include measurements and an accurate description of pedestrian clearance available after goods/services are placed on the sidewalk) ? Written consent from both the owners and lessees of land, directly abutting the sidewalk areas in question, approving the applied for use. `In addition, applicants requesting permits for cafe table service must attach the following: ? A copy of a current certificate of insurance or a copy of a public liability insurance policy including as an additionally named insured the County, its officers, representatives, employees, and agents, covering any claim or liability for damages, injuries or death. The minimum amount of coverage shall be $500,000 per occurrence for bodily injury or death and $50,000 per occurrence for property damage. (Please attach.) Conditions: The sidewalk in use must allow for unobstructed and unimpeded pedestrian traffic. V The goods/services may not exceed a height of four feet. All goods/services must be removed at the close of business hours. The applicant shall indemnify and save harmless the County, the officers and agents thereof, from all claims, demands, suits, actions or proceedings of every name, character, and description which may be brought against the County for or on account of any injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of the holder of the permit for actions done under this permit. Created: 119196 - Legislative Auditor's Ollce PO Box 6903 Thomas Realty group Kamuela, HI 96743-6903 808/885-2117 telephone 808/8854236 fax bthomastMaloha.net e-mail February 17, 1998 The Honorable Dominic Yagong Chair, Committee on Public Works County Council, County of Hawaii 25 Aupuni Street Hilo, HI 96720 RE: Pacific Building, 110 Keawe Street, Hilo, HI; TMK 3/2-3-5-8 Bears' Coffee - Use of contiguous sidewalk Dear Chair Yagong: Please be advised that Thomas Realty group is the agent for Hawaii National Bank's leasehold ownership of the Pacific Building. Hawaii National Bank, as the leasehold owner, has no objection to Sublessee Robert P. Henderson dba Bears' Coffee's, sole proprietor, use of the contiguous sidewalk space along the street side of his demised premises for additional table space provided he is in accordance with the ordinance of the County of Hawaii as well as the State of Hawaii. Thank you for your attention to this matter and please call if you have any questions. Sincerely, Thomas Realty Group, Agent fort acific Building Bnan R. Thomas, CPM, GRI (R) Principal Broker Copi Patrick T. Inouye, Hawaii National Bank Robert P. "Phil" Henderson, Bears Coffee ACORD. QCnTIFICAT' ~1 y DATE IMM/DD YYI 10 29/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AMERICAN INSURANCE AGENCY, INC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 900 FORT STREET MALL, STE 500 COMPANIES AFFORDING COVERAGE _ HONOLULU, HAWAII 96813 COMPANY (808) 540-3333 FAX: 540-3371 A NATIONAL SURETY CORPORATION _ INSURED COMPANY ROBERT P. HENDERSON DBA: BEAR'S B COFFEE COMPANY 106 KEAWE STREET C HILO, HAWAII 96720 COMPANY D CO.(lRAGES 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. CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DD/YYI DATE fMM/DD/YYI GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGO a CLAIMS MADE 191 OCCUR PERSONAL & ADV INJURY $1, 000, 000 A OWNER'S &CONTRACTOR'S PROT A B5 AZC 80547643 11/01/97 11/01/98 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one fire) $100, 000 MED EXP Mriy one person) $10, 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY 5 SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT a ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT a AGGREGATE 5 EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE b OTHER THAN UMBRELLA FORM $ WC LIMIT OER - WORKERS COMPENSATION AND T RY LIMIT ER EMPLOYERS' LIABILITY EL EACH ACCIDENT 5 THE PROPRIETOR/ INCL EL DISEASE- POLICY LIMIT 5 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE- EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS LOCATION: 106 KEAWE STREET, HILO, HAWAII 96720 THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED IN ACCORDANCE WITH THE GENERAL LIABILITY POLICY PROVISIONS. CEtt7iFfCATE HbLOER CANCELLiiTIflN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE COUNTY OF HAWAII EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN : MR. NAHULEA 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 25 AUPUNI STREET BUT F, AMRi6ttA"ldA N%Al3&G#,#*O OBLIGATION OR UABIUTY HILO, HAWAII 96720 OF ANY KIND UPON THE C PANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIJ&O R CMIL ACf1 t0 5-5 it1951 ®ACOR0 CORPORATION 1988 ethel"Ol gen ? DnrE IMM/DD/YYI ACORD CTIlCAT" LL OF LlAILITY [NS.UA 10/29/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AMERICAN INSURANCE AGENCY, INC ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 900 FORT STREET MALL, STE 500 COMPANIES AFFORDING COVERAGE HONOLULU, HAWAII 96813 COMPANY (808) 540-3333 FAX: 540-3371 A NATIONAL SURETY CORPORATION INSURED COMPANY ROBERT P. HENDERSON DBA: BEAR'S B COFFEE COMPANY 106 KEAWE STREET C HILO, HAWAII 96720 COMPANY D eaRAa~s 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DDNYI DATE IMM/DD/YYI GENERAL LIABILITY GENERAL AGGREGATE s2,000,000_ X COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE D OCCUR PERSONAL &ADV INJURY $1, 000,000 A OWNER'S & CONTRACTOR'S PROT A B5 AZC 80547643 11/01/97 11/01/98 EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE (Any one fire) $100,000 MED EXP (Any one person) 1110 , 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 5 ANY AUTO ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per Person) HIRED AUTOS - BODILY INJURY $ NON-OWNED AUTOS (Per eord.rlj PROPERTY DAMAGE $ r AGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY _ EACH ACCIDENT II AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE II OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH T R LIMITS ER EMPLOYERS' LIABILITY EL EACH ACCIDENT 5 THE PROPRIETOR/ INCL EL DISEASE- POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS LOCATION: 106 KEAWE STREET, HILO, HAWAII 96720 THE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED IN ACCORDANCE WITH THE GENERAL LIABILITY POLICY PROVISIONS. CER77FICAtE HDLbER CANCELLAY'i0N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE HAWAII NATIONAL BANK EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CEO THOMAS REALTY GROUP 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P. O. BOX 6903 KERlWiGITfN9"6 MEr~IfeN~4LftOSE NO OBLIGATION OR UABIUTY KAMUELA, HAWAII 96743 OF ANY KIND II,JUPPOM1NNI`TF•L COMPANY, ITS AGENTS OR REPRESENTATIVES. AU~HOR P E CP.CId. y f AGt1Rb 2b•S tt/95~ 6ACORp CORPORATION 1988 Gel erol Agent INDEMNITY AGREEMENT BY BEAR'S COFFEE TO THE COUNTY OF HAWAII FOR SIDEWALK CAFE TABLE USE ROBERT P. (PHIL) HENDERSON, dba BEAR'S COFFEE (hereinafter "Bears"), whose business address is 106 Keawe Street, Hilo, Hawaii, states as follows: WHEREAS, Bears operates a coffee shop cafe at 106 Keawe Street in downtown Hilo; and WHEREAS, the sidewalk cafe style tables adds positively to the ambiance of the downtown area; and WHEREAS, Bears is seeking a sidewalk use permit from the Hawaii County Council, pursuant to §22-24, Hawaii County Code; and WHEREAS, §22-25(d), Hawaii County Code, requires that the holder of a sidewalk use permit provide indemnity to the County, in addition to naming the County an additional insured pursuant to §22-25(e). NOW, THEREFORE, BE IT AGREED by Bears that: 1. As a condition of receiving a sidewalk use permit from the County, Bears has named the County an additional insured under its general commercial liability insurance policy as evidenced by Exhibit "A." 2. As a condition of receiving a sidewalk use permit from the County, Bears agrees to indemnify and hold harmless the County, its officers, employees, and agents from all claims, demands, suits, actions or proceedings of every nature, name, character and description, which may be brought against the County, its officers, employees or agents for or on account of death, injuries or damages to any person or property received or sustained by any person by or in consequence of any act or acts of Bears, its owners, employees or agents for actions under the sidewalk permit to the satisfaction of the County. IN WITNESS WHEREOF, Bears has executed this agreement this day of 1997. By ROBERT P. HENDERSON Its Owner STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 1997, before me appeared ROBERT P. HENDERSON, to me personally known, who, being by me duly sworn, did say that he is the owner of BEAR'S COFFEE; that said instrument was signed in behalf of said BEAR'S COFFEE; and the said ROBERT P. HENDERSON acknowledged said instrument to be the free act and deed of said BEAR'S COFFEE. Notary Public, State of Hawaii My commission expires: