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Res No 184-12-13741RESOLUTION NO. 184-12-13741 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 5800 Sunset Drive to promote an event titled "Edible Garden Festival," held by the Fairchild Tropical Botanic Garden on October 20 through October 21, 20120 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 "Edible Garden Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road, between October 20 and October 21, 2012. 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 request submitted by the Fairchild Tropical Botanic Garden, a non- profit organization, for approval to hang a banner (Exhibit "A ") over Sunset Drive at 5800 Sunset Drive, to promote the event titled "Edible Garden Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between October 20 through October 21, 2012 is hereby approved during the following period: October 8, 2012 through October 21, 2012, Section 2. This resolution shall be effective immediately upon being approved. Pg. 2 of Res. No. 184 -12 -13741 PASSED AND ADOPTED this 18t day of Sept ". 2012. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF 4.l CITY ATTORNEY APPROVED: �/C S MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea South Miami hAd All- America City I 1 -•� CITY OF SOUTH MIAMI INCORPOHATEDP • OFFICE OF THE CITY MANAGER 1927 INTER - OFFICE MEMORANDUM zD °' To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From* .Christopher Brimo, AICP Planning Director Date: September 18, 2012 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 5800 Sunset Drive to promote an event titled "Edible Garden Festival," held by the Fairchild Tropical Botanic Garden on October 20 through October 21, 20120 APPLICANT'S REQUEST The applicant, Fairchild Tropical Botanic Gardens, a non -profit organization, submitted a Banner Request Application requesting approval to hang a banner over Sunset Drive to promote the event "Edible Garden." This is a festival that showcases benefits of having an edible garden via demonstrations, workshops, educational activities, and benefiting the Fairchild Tropical Botanic Gardens on October 20 -21, 2012. 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 for 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 applicant has requested that the proposed banner be placed over Sunset Drive at 5800 Sunset Drive beginning on October 8, 2012 through October 21, 2012. The proposed banner will be hung approximately eleven (11) days before the advertised event is scheduled to take place and will be taken down immediately following the event. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period of October 8, 2012 through October 21, 2012, which is in compliance with Section 20- 4.3(N) of the City's Land Development Code. Backup Documentation: • Resolution • Banner Request Application, submitted on August 24, 2012 • Fee Schedule, Part 2 of 4 • Banner Design — Exhibit "A" • Insurance Certificate • Non -Profit Certificate • Event Information ZACommission Items\2012 \9- 18- 12Tairchild Edible Garden Festival\Fairchild Edible Garden Request _CM Report.docx CI'T'Y OF SOUTH INIIIAi'4-1I PL IN G and Z %INTO D EP ART 1VIEi�. I 6130 Slanset Drive, South Mianui,1"133143 305 -663 -6326 ;f; tj ry n Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. N -07 -191 l; LDC Section. 20 -43( Attached Name of Not for Profit Organization Address of y q01 Organization 0 10% ,a l a N. Conti Title dC, a banner in South P+i[iami. Event date(s) L J� 0 g�K 2 - Location(s) Dates banner to be displayed ; D to A fee of S300 per banner is required to cover cost incurred by the City to hang and remove the banner. A Received by Check # L. �J6 A'I TACMIENTS REQURZI : Proof of Insurance Ree'd oe Banner Design (including wording) Recd Proof of current Non -Profit Corp. Status Ree'd ® Banners will be displayed 10 -14 days before the advertised event takes place; banners will be removed by the City after the end of the special event. ® Banner Specifications: 30 feet long x 3 -4 feet wide, 60 feet of ;i inch nylon rope with hooks and the banner must have vents. Banner drop - off /pick- up location is at the City's Public Works Dept, 4795 SW 75 Avenue. The applicant shall agree to pick up the banner(s) within five (5) business days after the event, otherwise the barner(s) will be disposed of by the City. -°--------------°---------------°-----_-----------_.-_..__-_-------------- ...... °--- City Commission Approval Resolution No. Date Date City Manager (To be signed by City.'r_fanaCer folio -wing approval by City Conunission) Rev. 212012012 P:IrmrraslPB- Banner pplicatioiLdoc Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: 912411"1 CHECK NO: 90157400 NAME: Frei r 1 d ry ` e l G�-de� ADDRESS: j ocl o l ()1d 611 1e,,, 2tiad 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,.,,,,,.. ($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 flat fee on private property) Resolution No. 150 -08 -12747 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) 01" Issuance; Renewals: 112 n 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 -DADE COUNTY SIGN APPLICATION.,........... ($100 per sign) TREE REMOVAL PERMIT ($75 for first tree, $35 for each additional tree) ....... ............................... WAIVER OF RIGHT -OF -WAY IMPROVEMENTS,.. 999 90* ev 9*01`0 ($19500) PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM / IMAGING REQUEST FOR MICROFILM/ IMAGING RESEARCH ....... ($100) MICROFILM /IMAGING Reader/Printer copies ....... ($12 each image) LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single -side copy; $ 0.30 per double -sided copy) GRAND TOTAL X:\Forms \Receipt forms \RECEIPT FORM Part 11 1-4-1 Ldoe Ordinance No.04 -11 -2077 adopted 1 -4 -11 White copy to Planning; Pink copy to Custotner; Yellow copy to Finance A Soo Soo L'Ai I�1 "sf v Li • lk Min "sf v Li • lk Min DR -14 (Oonsumer!s Certificate of Exemption R. 04/05 �l 08/25/09 DEPARTMEN( Issued Pursuant to Chapter 212, Florida Statutes Or REVENUE 85- 80126466550 -2 11130/2009 11130/2014 501(C)(3).ORGANIZATION uenincate Number Effective Date This certifies that FAIRCHILD TROPICAL BOTANIC GARDEN INC 10901 OLD. CUTLER RD MIAMI FL 33156 °4233 Expiration Date Exempilon Category is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. s 1! DEPARTMENT OF REVENUE DR -14 R. 04/05 14 You must provide all vendors and suppliers with an exemption certificate before making tax - exempt purchases. See Rule Important Information for Exempt Organizations DR -14 R. 04/05 14 You must provide all vendors and suppliers with an exemption certificate before making tax - exempt purchases. See Rule 12A- 1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A- 1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. If you have.questions regarding your exemption certificate, please °contact tlieExemptibh Unit -0 Centra Registration at 850 4874130. The mailing address is PO BOX 6480, Tallahassee, Fl. 32314 -6480. Ic CERTIFICATE OF LIABILITY INSURANCE DATE 23 /2/12 L � 08/23/2012 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: 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- sup- D7t -0VHV Arthur J. Gallagher Risk Management Services, Inc. 8200 N.W. 41st Street Suite 200 Miami, FL 33166 VIGILANT INS CO 120397 INSURED INSURER B: Fairchild Tropical Botanic Garden INSURER C: 10901 Old Cutler Rd, INSURER D: Coral Gables, FL 33156 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 28732583 REVISION NUMBER: 11 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. INS TYPE OF INSURANCE ADDL S BR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X 35367194 03/01/1 03/01/13 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X DAMAGE TO RENTED PREMISES a occurrence $ 1,000,000 MED EXP (Any one person) $ 2 r 000 PERSONAL & ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2.000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 --- _' - -�- POLICY PRO- X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ ANY AUTO ALL OWNED J SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS _ AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DIED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA TO LIMITS E.L. EACH ACCIDENT $ --- - - - - -- ---- - - - - -- (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: Promotional Banner for the Edible Garden Festival From:10 /8/12- 10/19/12 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Miami THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 6130 Sunset Drive AUTHORIZED REPRESENTATIVE South Miami, FL 33143 �� USA ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010(05) The ACORD name and logo are registered marks of ACORD GABSAN 28782583 Fairchild Tropical Botanic Garden Page 2 of 2 Military Discount: We are pleased to offer active military personnel free admission. In addition, admission for spouses is $20 and children $10. Please present Military IDs. 10901 Old Cutler Road Coral Gables, FL 33156 • Phone: 305.667.1651 • Fax 305 661.18953 © 2012 Fairchild Tropical Botanic Garden - All rights reserved • Site Man •aS� fit` Subscribe to Newsletter • Privacy Policy • Website by Illuminati Studios http: / /www.fairchildgarden.org /Events / ?friendly =l &date =l 0- 2012 &eventid =653 9/6/2012