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Res No 196-12-13753RESOLUTION NO. 196-12-13753 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 5880 Sunset Drive; and the installation of ten pole banners along Sunset Drive, from SW 62" d Avenue to SW 57th Avenue, to promote the "41St Annual South Miami Arts Festival ", an event held by Chamber South November 3 - 4, 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, Chamber South, a non - profit organization, submitted a Banner Request Application in conjunction with their special event application, requesting approval to hang a banner over Sunset Drive and pole banners along Sunset Drive in order to promote the event titled "41St Annual South Miami Arts Festival," an event to be held on Sunset Drive in downtown South Miami from November 3, 2012 through November 4, 2012; and 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 Chamber South and the Arts Festival. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The request submitted by Chamber South, a non - profit organization, for approval to hang a banner (Exhibit "A ") over Sunset Drive at 5800 Sunset Drive, and ten pole banners along Sunset Drive, from SW 62 "d Avenue to SW 57th Avenue (Exhibit "B "), to promote the event titled "41St Annual South Miami Arts Festival ", an event to be held on Sunset Drive in downtown South Miami November 3 through November 4, 2012, is hereby approved during the following period: October 24, 2012 through November 4, 2012, Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 2nd , day of Octobe:�-2012. ATTEST: APPROVED: Pg. 2 of Res. No. READ LANG 196-12-13753 VED AS THEREOF: Commission Vote: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: 4 -0 Yea Yea absent Yea Yea tjj South Miami kylind Ail- AmencaQly 1 I CITY OF SOUTH MIAMI IN CORPORATES � L Rapp' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager 1, From: Christopher Brimo, AICP, Director Planning and Zoning Department Date: October 2, 2012 ITEM No. Subject: A Resolution related to 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; and the installation of ten pole banners along Sunset Drive, from SW 62 "d Avenue to SW 57th Avenue, to promote the "41St Annual South Miami Arts Festival ", an event held by Chamber South November 3 - 4, 2012. APPLICANT'S REQUEST The applicant, Chamber South, a non - profit organization, submitted a Banner Request Application, asking for approval to hang a banner over Sunset Drive and to hang ten (10� pole banners along Sunset Drive (SW 72nd Street) from SW 62 "d Avenue to SW 57' Avenue, to promote the "41St Annual South Miami Arts Festival ", between October 4, 2012 and November 4, 2012. This is an annual event to be held on Sunset Drive in downtown South Miami, 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 al any given tinge, 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 fNom 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 Arts Festival is scheduled to take place on the weekend of November 3 - November 45 2012. The applicant is requesting a display time period of October 4, 2012 through November 5, 2012, a time period that exceeds the maximum time allowed for banners over the right of way. Pursuant to Section 20- 4.3(N) of the Land Development Code, the display period for a banner can be up to fourteen (14) days prior to the event. Because of this, staff is recommending that the display period for the banner be reduced to October 24, 2012 through November 4, 2012. The proposed time period will give the applicant the minimum time period allowed of ten (10) days prior to the event. The applicant is also requesting approval to install a total of ten (10) pole banners that will be hung along Sunset Drive (SW 72nd Street) from SW 62nd Avenue to SW 57'1' Avenue. The applicant is requesting a display time period of October 4, 2012 through November 4, 2012 for the pole banners as well. There are no specific regulations enumerated in the City's land development code for "pole banners ", and in the past these have been hung for up to 30 days. However, in discussions with the City Attorney it is felt that these banners fall under the same 14 day requirement for banners over right -of way. Based on the attached documents, the Banner Request application exceeds the time limit enumerated in Section 20- 4.3(N) of the Land Development Code by twenty (20) days. The applicant has requested that the proposed banner be placed at 5880 Sunset Drive. however, there is a previously approved banner proposed at this location, and the Arts Festival banner will be located at 5800 Sunset Drive. It is anticipated that the banner will be removed by November 7"'. RECOMMENDATION Staff recommends that the Commission approve the banner request application with the amended time period of October 24, 2012 thru November 4, 2012, which is in compliance with Section 20- 4.3(N). Staff also recommends that the commission approve the ten (10) proposed pole banners as well. Backup Documentation: • Draft Resolution • Banner Request Application, submitted on August 24, 2012 • Banner Design — Exhibit "A" • Cash Receipt, dated August 24, 2012 • Pole Banner Request Application submitted on August 24, 2012 • Banner Design — Exhibit "B" • Cash Receipt, dated August 24, 2012 • Non -Profit Certificate • Insurance Certificate Z: \Commission ltems\2012 \10 -2 -12 \Chamber South Arts Festival\Banner Arts Festival Event CM Report_9- 19- 12.doc South Mlaml CITY OF SOUTH MIAMI PLANNING & ZONING DEPARTMENT 6130 Sunset Drive, South Miami, Fl 33143 (305) 663 -6326 Fax (305) 668 -7356 All- Amodca Clus Hanging Banner Over Public Street 1 Request Form for Special Event �® Iva .... - 2001 Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. 10.07 -1911; LDC Section 20- 4.3(N). Complete this permit application form and submit the application to the Planning & Zoning Department located in the Sylva Martin Building in front of City Hall. This application must be submitted at least 30 days prior to the event date. An application fee of $300 must be paid at time of submittal. If approved by the City Commission, this.fee covers installation and removal of banner. If approved, take the permit and the banner to the City's Public Works Department located at 4795 SW 75u, Avenue Miami, FL 33155, at least one week prior to the installation date. The Public Works Department will install and remove the banner on the UQLGJ OFVVIllGd by Ll le approved pelmll. Name of Non -for- Profit Organization Organization Address Authorized Re- presentative Name n�fl bk5•c, 4 9�� s7fs , 1v� Phone No. JUL & / Rep. Title A. s; tL jn:k Event Name �� ; Event Date: f Vdy, .� Event Type: A. tiVOL,4 Approximate Installation Date Requested: 5d4 -te 7 '1 thru /Voy0 G p� � Banner Location Requested: F1 5800. Sunset Drive 5880 Sunset Drive Briefly describe event for which you wish to display a banner in South Miami: �^ of 0 o So �PiA /h I r, X I j �!r'� � - f�'"�� vi 11A ✓1 f a k Applicant understands that the Banner installation is 10 -14 days before the advertised event day. bC--. Installation and removal dates are based on workload. The City is not responsible for the condition of the banner during this period. Applicant agrees to pickup banner within seven (7) days after the event. The city may discard the banner(s) after the specified period. Banner Specifications- 30 C 3 Oft wide, 60ft o_ .2a lf) nylon rope with hooks and the banner must vents. Applicant Signature_ Date PLANNING & ZONING OFFICE USE ONLY: SUBMITTED RECD BY INITIAL ➢ Illustration of banner showing height, width of the banner, and lettering ❑ )� Copy of liability and /or property damage insurance required ❑ ➢ Application fee $300 (per application) ❑ City Commission Approval Resolution No. Comm. Date: Comment: 14 -16 �y ON of s6u, FUND RECEIVED OF CASH CHECK NO.?Ll DATE: Z �. ACCOUNT NO PLEASE MAKE ALL CHECKS PAYABeg TO: "CITY OF SOUTH MIAMI" VALID ONLY WHENBEARING OFFICUL REGISTER VALIDATION South Miami y Ala 1��cJ ^� CITY OF SOUTH MIAMI PUBLIC WORKS DEPARTMENT All_Am 4795 SW 75th Avenue, Miami, FI 33155 (305) 663 -6350 Fax (305) 668 -7208 _ Special Event Pole Banner Application y, \ 2001 This application must be fully completed and submitted with REQUIRED attachments such as: copy of a public liability insurance policy and copy of the design with the banner dimensions listed. The $100 per 10 poles fee also include the installation and removal of banners. Business /Organization Name 100 LD &O "db ' • 50 ,1 lii �•t�.l ` =�ln•� t 3,31 y_3 Business /Organization Address City State Zip Code Number Fbx Num Event Name: �� ` AA y,,,�t_ Event Location:4j1 d J! 1'V►•C� Approximate Installation Date: L4 , �{ i p 1Dk- thru Banner Size /Dimension E -Mail Event Date: - AJ# �L41 Event Type: a 0 1as� Total Duration: Pole Description: A-He.& co m �g�k °iF""''`�ea P '`.'`�.G- �r."I{,'•C"sT'�."_�`r� G- �3? ' .it:s�fi.:¢? Sunset Drive 62na Ave to Red Rd 67 Ave. North South D Applicant understands that the Banner(s) Installation Period is an estimate. Installation and removal dates are based on workload. Applicant agrees to pickup banner(s) within seven (7) days after the event. The city may discard the banner(s) after the specified period. D Applicant understands the installation location(s) are approximate location(s). The installation location(s) 'is /are based on site availability and deoree of difficulty. The City is not responsible for the condition of the banner(s) durinq this period. "The applicant agrees to hold the City of South Miami, free and harmless from all liability that may be adjusted against it and to reimburse the City for all expenses of litigation in connection with the defense of claims as -such liability and claims may arise because of negligence in the performance of the-e eration, service, or act for which thWermit was issued, JOX b^*141 4.,O� p.eem �rd XVYV/Z PRINT NAME T APPLICANT SIGNATURE DATE FOR OFFICE USE ONLY: El APPROVED AS PRESENTED Installation Date: Comment: Resolution NO. F] DENIED ❑ APPROVED WITH CONDITION Permit No. Removal Date: PUBLIC WORKS SIGNATURE 15 -16 DATE Work Order NO, Total Cost 4x.. . s �,. SA�IELOCATI.Q(VS' ` Street Name 5 .s °' Cross`St�eetsw' r, , >;. J, 'x < "Side'of:5treety Nmber`ofSites' Poles' D Applicant understands that the Banner(s) Installation Period is an estimate. Installation and removal dates are based on workload. Applicant agrees to pickup banner(s) within seven (7) days after the event. The city may discard the banner(s) after the specified period. D Applicant understands the installation location(s) are approximate location(s). The installation location(s) 'is /are based on site availability and deoree of difficulty. The City is not responsible for the condition of the banner(s) durinq this period. "The applicant agrees to hold the City of South Miami, free and harmless from all liability that may be adjusted against it and to reimburse the City for all expenses of litigation in connection with the defense of claims as -such liability and claims may arise because of negligence in the performance of the-e eration, service, or act for which thWermit was issued, JOX b^*141 4.,O� p.eem �rd XVYV/Z PRINT NAME T APPLICANT SIGNATURE DATE FOR OFFICE USE ONLY: El APPROVED AS PRESENTED Installation Date: Comment: Resolution NO. F] DENIED ❑ APPROVED WITH CONDITION Permit No. Removal Date: PUBLIC WORKS SIGNATURE 15 -16 DATE Work Order NO, Total Cost t VW Gr t� r X 1 „ NL 5 Y �! ^ L h � City of South FUND RECEIVED OF DESCRIP'T'ION ami PLEASE MAKE ALL CHECKS PAYA1B99 TOO "CITY OF SOUTH MIAMI" CHECK NO. 20'915 . DATE: ® Z \21 ACCOUNT NO VALID ONLY WHENBEARING OFFICIAL REGISTER VALIDATION CASH R i i District Director Cl143f(the'r Area 6410 8W 8 rliami r of Commerev South Miami- F(ondall 80th were St as F1_ o-r-3ani._ati.ort 3:3:1'1:3• -16902 Dear Taxpayer K. Program Management Stafi Taxpayer Assistance P#D, Box 1055 - Room 1109 101 blest Peachtree Sttr NW Atlantan GA 80370 Date; OCT 2 d 02 Refer Reply To. RPM*OEa1TPA:1109 Your Inquiry Dated 10/20/V2 EIN* §. 79- 06000:31 FFN 9 1-4 r.-1 I13ve rr.tcviVed your letter requosti.ng cortfi.rmation of your exemption from, Foderal income t.axt You were re ognizt-.1d as an o-r-3ani._ati.ort ext -2mQt frofft Ft),_iera7. i.ncomc tai, under section 501 (c ) (61) of the ntern a Revenue Code by our letter of opr i l r 197 The tax exempt status )'cognized Ley 0 Ll r letter reTerred' •to above is currently in effect and will remain in effect until torminatedy mtadifieci or revoked by the Inte:rrial ReVOI -ILle SF2rVice5 An Cna1.1) in your character r purposes or mc-%thod of operation must be reported to us so we can consider the e f fe .t of the Qhartsl, e t31'1 yfiuY' et :.i3fhFt. stcrtusI You lylus't aI5i0 r0Por't aF-1V c1- 1anget i.n Vilur name? or ardire5,SI Thank yoo for your cooperation., Sincerely yoursr Exempt Orsaani<ations Coordinator AClJR,I�" CHAMSOU -01 CERTIFICATE OF LIABILITY INSURANCE NANCY DATE (MMIODNYYY) 9/24/2012 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 1 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). GENERALLIABILJTY PRODUCER License # NPN 2332080 CT InSource, Inc, _NAME PHONE (305) 670 -6111 No): (305) 670 -9699 P.O. Box 561567 _(AIC,_No Ext ): _ (AIC, E -MAIL ADDRESS: Miami, FL 33256 -1567 INSURER(S) AFFORDING COVERAGE NAIC It PPS40564958 INSURER A: Assurance Company of America 19305 INSURED INSURER B: Greater South Dade Chamber of Commerce, South Miami INSURERC: Kendall Chamber Commerce _._....___ $ 10,000 JX Liquor Liability of 6410 SW 80 Street INSURER D: South Miami 33143 -4602 INSURER E: PERSONAL & ADV INJURY $ 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSft .__ - -__— __v_._.._- PO IC EFF Y EXP LTR TYPE OF INSURANCE I LIMITS _- 1�$B_ nL1V POLICY NUMBER _ MMIDDNYYY IMMIDD/YYYY)_ — JMMXQ GENERALLIABILJTY EACHOCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY X PPS40564958 6/1/2012 6/1/2013 PREM0TF1: L) P R EMISES CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 10,000 JX Liquor Liability PERSONAL & ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 21000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 POLICY PRO- JEQT ._ .IOC ___....- ..__..._... —._ .— ._...__ -_.. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 000 Ea accident _-___. $_ r BODILY INJURY (Per person) — .._...._..,- $T A ANY AUTO PPS40564958 611!2012 6/1/2013 ALL OWNED SCHEDULED BODILY INJURY (Per accident) ..,._._..,.__.._.__ $ AUTOS AUTOS X — NON-OWNED X PROPERTY DAMAGE $- _ -- -- HIREDAUTOS AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,0007000 A EXCESS UAB_ CLAIMS -MADE PPS40564958 6/1/2012 6/1/2013 AGGREGATE $ DED X RETENTION$ (Prod /OpsAggreg -------------- $ 1,000,0001 WORKERS COMPENSATION LA ITS 0TH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ._._. __ €8... ____._.._..._...__ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A ­ - -------- - -- -- -- — - __- - -- (Mandatory in NH) — E.L. DISEASE - EA EMPLOYEE $ If yes, describe under __...____._.._. DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ ._.........._.._._._.__�.__._— .. ... .............. ......_ ... .... .. I__ __. ._...__L— _— _— .__. - ..._..._._..___ __- DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: South Miami Art Festival - November 3 -4, 2012. City of South Miami is included as additional insured with respects to General Liability Insurance. I I 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 6130 Sunset Drive ACCORDANCE WITH THE POLICY PROVISIONS. South Miami, FL 33143 _- -_ -_ _. _ - .. .._._....__ _- _____... _. AUTHORIZED REPRESENTATIVE j - - -- - - -- - _ _ _ _ _ _ -- - -- - - - -- - ..... _. ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD