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Res No 004-13-13822RESOLUTION NO. 4- 13- 13822 A Resolution concerning an application pursuant to Land Development Code Section 20- 4.3(N), requesting approval to permit the installation of a banner over the public right -of -way at 5995 Sunset Drive to promote an event titled "The 7th Annual Chocolate Festival," held by the Fairchild Tropical Botanic Gardens on January 25 through January 27, 20130 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights -of way ", all non - profit organizations proposing to display a special event banner over a City street must submit a Banner Request Application; and WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non -profit organization, submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive to promote the event titled "The 7th Annual Chocolate Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road from January 25 through January 27, 2013. WHEREAS, the submitted application contains the required insurance statement, non - profit certificate, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the Fairchild Tropical Botanic Garden event. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The profit organization, for a] Sunset Drive, to promote held at Fairchild Tropical through January 27, 2013 January 25, 2013, request submitted by the Fairchild Tropical Botanic Garden, a non - )proval to hang a banner (Exhibit "A ") over Sunset Drive at 5995 the event titled "The 7th Annual Chocolate Festival," an event to be Botanic Garden located at 10901 Old Cutler Road from January 25 is hereby approved during the following period: January 14th through Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 8th , day of January2013. ATTEST: APPROVED: Pg. 2 of Res. No. 4 -13 -13822 READ AND LANGUAW CITY AXTORNEY T RM, COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea 6( Commissioner Harris: Yea Commissioner Welsh: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission Via: Kelly Barket, Jr., Acting City Manager From: Christopher Brimo, AICP V Planning Director Date: January 8, 2013 ITEM No. Subject: A Resolution concerning an application pursuant to Land Development Code Section 20- 4.3(N), requesting approval to permit the installation of a banner over the public right -of -way at 5995 Sunset Drive to promote an event titled "The 7t" Annual Chocolate Festival," held by the Fairchild Tropical Botanic Gardens on January 25 through January 27, 20130 APPLICANT'S REQUEST The applicant Fairchild Tropical Botanic Gardens, a Banner Request Application, asking for approval to promote the event "The 6th Annual Chocolate chocolate festival that will be held at the Fairct through January 27, 2013, South Miami All•AmeHcaCily 1 1101 2001 non - profit organization, submitted a hang a banner over Sunset Drive to Festival ". This is an international d1d Tropical Gardens January 25th APPLICABLE REGULATIONS The City Commission at its May 1, 2007 meeting amended the Land Development Code to require approval of all banners placed across a public street. The ordinance created Section 20- 4.3(N) which sets forth regulations governing the placement of banners. Section 20- 4.3(N) of the Land Development Code states the following: 1. Organizations wishing to display a banner over rights -of -way in the City of South Miami must submit to the Planning Department a "Banner Request" application at least thirty (30) days in advance. 2. The city commission will review all requests and will determine whether the request conforms to the following guidelines: a. Only not for profit organizations may display banners; b. Banners for no more than three (3) special events shall be displayed at any given time; c. Banners may be displayed ten (10) to fourteen (14) days before the advertised event takes place; banners must be removed within (5) days after the end of the special event. d. Banner design, color, size, proposed location and wording must be approved by the city commission, and must be submitted along with request. 3. The organization displaying a banner must provide proof of public liability insurance naming the City of South Miami as additionally insured far the period of time banner is displayed 4. The organization must pay a two hundred and fifty- dollar ($250.00) fee in advance or the actual cost incurred by the city to hang and remove the banner. The city commission may adjust this fee from time to time in order to reflect the current costs of installation. The city or one (1) of the first approved by the city to hang and remove the banners will be the only entities performing this task. The proposed barrier if approved, will be placed over Sunset Drive at 5995 Sunset Drive from January 14th, through January 25, 2013, RECOMMENDATION Staff recommends approval of the 2013 through January 25, 2013, N City's Land Development Code, Backup Documentation: • Draft Resolution • Banner Request Application • Fee Schedule, Part 2 of 4 • Banner Design — Exhibit "A" • Insurance Certificate • Non -Profit Certificate banner request application for the period January 14, hich is in compliance with Section 20- 4.3(N) of the ZACommission ltcros\2013 \l -8 -13 \Fairchild Chocolate Festival Banner Request\Fairchild Chocolate Festival CM Report 1 -8- 2013.doc `I HM W HM W W Sunday 1:00 p.m. Jeannie Necessary, Common Threads Choco -Walk, A Delicious Journey From the Rainforest to the Conservatory to the Tropical Fruit Pavilion, explore the history and lure of cacao! And don't miss the From Bean to Bar interactive demonstrations presented by the Historic Division.of Mars.. Learn about chocolate from early Colonial times to the present. How has production changed? Sample their delicious hot chocolate created from an ancient recipe. Choco- Walk .Stops .................. Take home your 'ca coffee pla, Pt and sty Chocolate sr Enjoy soothing. mU Yoga With R.ii 11:00 a.m. Yogi 1:00 p.m. I' Little lion of Mars& From:BeanI Ion of Mars 4 RS noWr,menr M *ihw 'I'mimnry Y ti }nmmlRoronue.1orlro P.O. Box 2508 Cincinnati ON 45201 01024 In reply refer to; 0248467147 July 22, 2010 LTR 4168C E0 59-0668elao 000000 00 00016746 Banc: TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL CABLES FL 53156 -4233 I JUL u Employer Identification Number: 59 "0668480 Person to Contact: Ns, Wittwer Toll Free Telephone Numbers, 1"877-829 °5500 Dear Taxpayer: This is in response your organization to your July 13, 2.010, request for information regarding for your use are of 'tire your Revenue Code in a determination tax ^exempt letter status. issued Our records indicate as provided that your organization was recognized as exempt under section 501(c)(3) for your use are of 'tire Internal. Revenue Code in a determination meet the letter of sections issued 2522 in June 1937. Our records also indicate that you are riot a private foundation within the meaning of section 509(x) of the Code because you are described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Beginning with the organization's sixth taxable year and all succeeding years, it must meet one of the public support tests under section 170(b)(1)(A)fvi) or section 509(a)(2) as reported on Schedule A of the Form 990. If your organization does not meet the public suupurt test for two consecutive years, it is required to file Form 990-pr, Return of Private foundation, for the second tax year that the organization failed to meet 'the support test and will be reclassified as a private foundation. If you have any questions, please Call us at the telephone number shown in the heading of this letter, ol.: rI ir atA l :" 2012 tl l4ii kd Stlrm, ...:.{ itt,N r..9`.8s Wif� CITY OF S4UTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miamig F1 33143 Application for the purpose of -requesting approval to display banners over public streets promoting events as set forth in Oidinance r 10-07m] ' 204.3(N) Attached Name of Not for Frofzt�'° ,` OrgPanization Address of � � � Organization - Title W. 3A w 4,�A describe event for which you elvish to display Qa banner in South Miami. c A fee of SAO per er is required to corer cost incurred by the city to hang and remove the bannex•> Received by Check .# _ ATTACHMENTS RE QUIRED: Froof of Insurance Rec'd Banner Design (including wording) •' d'. City Commission Approvafl Resointion No. Date. Date City Massager (To be signed by City Manager following approval by City. Commission) P: iFormsl PB- Banner Appllcaelon.doc °R'° CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) � 12/06/2012 THIS CERTIFICATE 15 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms 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 1- 305 -592 -6080 CONTACT I NAME: Arthur J. Gallagher Risk Management Services, Inc. PHONE IFAX 8200 N.W. 41st Street Suite 200 Miami, FL 33166 INSURED Fairchild Tropical Botanic Garden 10901 Old Cutler Rd, Coral Gables, FL 33156 COVERAGES CERTIFIr:ATF A111MRFR• 30560178 VIGILANT INS CO pC\ /ICInhi Ail Ift,10G00. 20397 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. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /OD/YYYY LIMITS A GENERAL LIABILITY _ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ] OCCUR X 35367194 03/01/1 03/01/13 EACH OCCURRENCE $ 1, 0000 000 PREMISES Ea occurrence $ 10 000, 000 MED EXP Any one person $ 2,000 PERSONAL BADVINJURY $ 1,0001000 GENERAL AGGREGATE $ 2x000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- JECT X LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAR EXCESS LIAR CLAIMS -MADE EACH OCCURRENCE $ HOCCUR AGGREGATE $ DE O RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC STATU - OTH- - -- E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPLOYE _ $ E.L. DISEASE - POLICY LIMIT - — $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) Re: Promotional Banner for the Chocolate Festival From:1 /14/2013- 1/25/2013 CERTIFICATE HOLDER CANCELLATION City of South Miami 6130 Sunset Drive South Miami, FL 33143 ACORD 25 (2010/05) GABSAN 30560178 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA VMMv t ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATES iZf Y ( CHECK NOV 2312 - 4 NAMES• I r� �'r c �i ✓G1�� cs�v�e�n ADDRESS: / cl G f 0let CuP% J2 Al PHONE NO: 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.300 03.41.400 03.41.400 03.69.920 NEWSRACK APPLICATION FEE. 0 1 1 4 1 1 1 1 1 1 1 1 1 1 1 , 0 0 * & 0 6 9 ($50 per newsrack) OUTDOOR DINING / SEATING PERMIT _ ($45 per seat on public sidewalks, in Fiscal Year 2010 -2011) ($55 per seat on public sidewalks, in Fiscal Year 2011 -2012) ($65 per seat on public sidewalks, in Fiscal Year 2012 -2013 and thereafter) ($520 per each stand -alone table top without seating for consumption of beverages or food, on public sidewalks) ($250 per year fiat fee on private property) Resolution No. 150 -08 -12747 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) 01" Issuance; Renewals: ❑ 2nd 13 3rd BANNER OVER PUBLIC STREET ......... ............................... ($300) Maximum of 14 days POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) MIAMI -DADS COUNTY SIGN APPLICATIONS" ($100 per sign) TREE REMOVAL PERMIT ($75 for first tree, $35 for each additional tree) ....... ............................... WAIVER OF RIGHT -OF -WAY IMPROVEMENTS... 00 IS 0 * **1,,*, ($19500) PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM / IMAGING REQUEST FOR MICROFILM / IMAGING RESEARCH 1111... ($100) MICROFILM / IMAGING Reader/Printer copies 11.0.0. ($12 each image) LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single -side copy; $ 0.30 per double -sided copy) GRAND TOTAL X:1Formsaeceipt formsaECEIPT FORM Part 111-4-1 1-doc Ordinance No.04 -11 -2077 adopted 1-4 -11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance 4 9 0 o