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Res No 161-11-13475RESOLUTION NO. 161-11-13475 A Resolution of the City of South Miami, Florida concerning an application pursuant to Land Development Code Section 20- 4.3(N) to permit the installation of a banner over Sunset Drive to promote the event entitled "Edible Garden," a fund raising event to be held by Fairchild Tropical Botanic Garden October 22 - 23, 2011. WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over rights -of way" all non- rn�fi? «'�.jzatwnnc nrnnnci g- W_d ventban=--oy tY street must submit a Banner Request Application; and WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non -profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote the event entitled "Edible Garden," a fundraising event to be held at Fairchild Tropical Botanic Garden, located at 10901 Old Cutler Road from October 22, 2011 through October 23, 2011; 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 Fairchild Tropical Botanic Garden. 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 Fairchild Tropical Botanic Garden, a non -profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled "Edible Garden ", a fundraising event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road October 22, 2011 through October 23, 2011 is hereby approved during the following period: October 9, 2011 through October 23, 2011. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 20th day ofSeptembp2011. ATTEST: CITY CLERK APPROVED: h44� MAY R Pg. 2 of Res. No. 161 -11 -13475 Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: absent Z: \Comm Items\2011 \9- 20- 11\13anner Over Street- Fairchild Tropical Botanic Garden \Banner Fairchild Edible Garden Event Resolution with CA approval (3).doc South Miami Ail•AmedeaCKY CITY OF SOUTH MIAMI C 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 (I- 0 Planning and Zoning Department Date: September 20, 2011 ITEM No., Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida concerning an application pursuant to Land Development Code Section 20- 4.3(N) to permit the installation of a banner over Sunset Drive to promote the event entitled "Edible Garden Race for the Cure," a fund raising event to be held by Fairchild Tropical Botanic Garden October 22 - 23, 2011; providing for an effective date. APPLICANT'S REQUEST The applicant, Fairchild Tropical Botanic Garden, a non -profit organization, has submitted a Banner Request Application, asking for approval to hang a banner over Sunset Drive promoting the event titled "Edible Garden." This is an annual fundraising event to be held at Fairchild Tropical Botanic Garden, located at 10901 Old Cutler Road. 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 (X) of the first approved by the city to hang and remove the banners will be the only entities performing this task. The event is scheduled to take place on the weekend of October 22 - 23, 2011. Therefore, the applicant has requested a display time period of October 9, 2011 through October 23, 2011, a time period of thirteen (13) days before the event is scheduled to take place. 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. After review of the attached documents, the Banner Request application complies with Section 20- 4.3(N) of the Land Development Code. The applicant has requested that the proposed banner be placed over Sunset Drive at 5880 Sunset Drive. RECOMMENDATION It is recommended that the banner request application be approved for the time period limit set forth in the Land Development Code (14 days prior to the event). Attached is an approval resolution. Backup Documentation: • Draft Resolution • Banner Request Application, submitted on August 23, 2011 • Fee Schedule, Part 2 of 4 - Note: Fee for Banner over Public Street was increased to $300 on January 4, 2011 via Ordinance No. 04 -11 -2077 • Insurance Certificate • Banner Design — Exhibit "A" • Non -Profit Certificate Z. \Comm Items\20I 1\9 -20 -1 I \Banner Over Street - Fairchild Tropical Botanic Garden\Banner Fairchild Edible Garden Event CM Reporcdoc CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F133143 305 -663 -6326 Banner Request Application purpose ofrectnesti}tgag�rovalto display-iranAers ovgapu>�ii4 as set forth in Ordinance No. 10.07.1911; LDC Section 20 -4.. Name of Not for Profit Organization Address of �} Organization M01 O to OcikkJ N) C- RECEIVED AUU 2 3 2011 Planning and Zoning Depattrnant Attached Contact Person n i-1 0� Title �id A � Romwo Phone S 125 (9 ' - 160 )(S ll event for which You wish to display a banner in South Miami. 4-�\� Event date(s) Dates banner to be displayed 4o 1 j to Z� i Location(s) k�o A fee of 4 per banner is requir t co r cost incurred by the city to hang and remove the banner. Received by Check #ii5¢ ATTACHMENTS REQUIRED: I i c of Insurance Reed Banner Design (including wording) Ree'd City Commission Approval Resolution No. Date Date _ City Manager (To be signed by City Managerfellowing approval by City Com dssion) P:IForm 1P8- BannerApplication.doe Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE:, NAME: [M I 310j PHONE NO: .30 i & ' d i9,i/ V,73'71 03.41.300 NEWSRACK APPLICATION FEE ........................ ($50 per newsraek) 03.41.300 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 03.41300 TEMPORARY SIGN PERMIT ............ ,,. -"'""" ?� ..., p h' Issuance; Renewals: q 2nd 0 3'd /03.41300 ) BANNER OVER PUBLIC STREET ...... Maximum of 14 days ($75 per 30 day period) POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) .. ($300) %' 00 t 00 - MIAMI -DADE COUNTY SIGN APPLICATION ............. ($100 per sign) 03.41,300 TREE REMOVAL PERMIT ($75 for first tree, $35 for each additional tree) ...... ............................... 03.41,300 WAIVER OF RIGHT -OF -WAY IMPROVEMENTS ................ ($1,500) 03.41.300 PERMANENT GENERATOR APPLICATION ........................ ($100) MICROFILM / IMAGING 03.41.400 REQUEST FOR MICROFILM / IMAGING RESEARCH ....... ($100) 03.41.400 MICROFILM / IMAGING Reader/Printer copies ....... ($12 each image) 03.69.920 LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0.15 per single -side copy; $ 0.30 per double -sided copy) GRAND TOTAL R� X:\Foms\Rece1pt forms \RECEIPT FORM Part iI 1- 4- 1l.doc �.,.. Ordinance No.04 -11 -2677 adopted 1.4 -11 "' - - White copy to Planning; Pink copy to Customer; Yellow copy to Finance '°� L® CERTIFICATE OF LIABILITY INSURANCE °08/18/20'1"' 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 policypes) 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 Arthur J. Gallagher Risk Management Services, Inc. CONTACT E. PHO E FAX Feb. jAID No): _..._. -__ 'MAIL A DRESS: 8200 N.W. 41st Street Suite 200 Miami, FL 33166 INSURERu AFFORDING COVERAGE NAICA .___ INSURSRA: VIGILANT INS CO 20397 PREMISES (Ea aoccunew INSURED INSURER B: $2,000 Fairchild Tropical Botanic Garden INSURER C: 10901 Old Cutler Rd. INSURER D: $2,000,000 INSUR'RE, PRODUCTS. COMP /OPAGG Coral Gables, FL 33156 $ ' INSURER F: r,QVERAGES CERTIFICATE NUMBER: 21745289 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 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. ILR TYPE OF INSURA NCE A D S BR POLICY NUMBER POLICY MIDYY IDY MMDIrt(Y LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE MOCCUR X 35367194 03/01/1 03/01/12 EACHOCCURRENCE $ 1,000,000 PREMISES (Ea aoccunew $1,000,000 ED EXP (An one arson) $2,000 PERSONAL &ADV INJURY $ 1.000,000 GENERALAGGREGATE $2,000,000 GFN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO, X LOC PRODUCTS. COMP /OPAGG 52,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS NONAWNEb HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Eaac'et $ BODILYINJURY(Perperson) S BODILY INJURY(Peracaidenl) $ PROPERN DAMAGE er d n 5 _ UMSRMLALIAS EXCESS LIAR OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEIVEXECUTIVE� OFFICEWMEMSER EXCLUDEDY (MandatoW In NH) If yoS. tlesafpo urWer DESCRIPTION OFOPERATIONS below MIA WC STATU• OTH- $ EL. EACH ACCIDENT EL DISEASE • EA EMPLOYE E.L. DISEASE. POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more a pace is mquned) Re: promotional Danner for the Edible Garden Festival to be displayed on Sunset Drive, South Miami, Florida from 10/22/2011 to 10/23/2011. CERTIFICATE HOLDER CANCELLATION a 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD. joysch 22745289 SHOULD ANY OFTHE 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 \���Y \4 USA a 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD. joysch 22745289 z W Q Q U z a r 0 m J ® Q U U. 0 a Jo F a J x U ir Q LL W21, Fr 1 'rY 1)Ipi; ItttPAI or ItIC I7251:UI;' laanr»nUtcrsnneti4r,•Iro P.O. Box 2508 In reply refer to. "0248667147 Cincinnati ON 45201 July 22, 2010 LTA 4168C E0' 59- 0668490 000000 00 t 00016746 BOOCt TF 010 1:14 FAxiiriiLO TROPICAL BOTANIC GARDEN CORAL GABLES FL 35186•^4233: jti t;hjU G)1 JUL 2. $ 810 Employer Identification Numbers 59-^0668480 Person to Contacts Ns. Wittwer Toll Free Telephone Number: 1-077-829-5500 Gear Taxpayers This is in response to your July 13, 2010,,raquest for information regarding your tax- exempt, status. Our records. indicate that your organization was recognized as exempt under section 501(c)(3) of the Internal. Revenue Code in a determination letter issued in June 1937. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the code because you are described in section($) 509(a)(1) and i70(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or oifts 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 1700)(I)(A)(Vi) or section 5096)(2) as reported •en.Schedule A of the Form 990. If your• organization does not meet tine public support test for two consecutive years, it is required to file Form 990-PF, Return of Private f=oundation, for the ''second tax year that tale 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.