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Res No 186-11-13500RESOLUTION NO. 186-11-13500 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 to promote an event titled "The 71st Annual Ramble Festival ", held by the Fairchild Tropical Botanic Gardens November 11 through November 13, 2011. 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 71 st Annual Ramble Festival ", an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between November 11 - 13, 2011. 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 5880 Sunset Drive, to promote the event titled "The 71 st Annual Ramble Festival ", an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between November 11 - 13, 2011 is hereby approved during the following period: November 3, 2011 - November 13, 2011. Section 2. This resolution shall be effective immediately upon being approved. Pg. 2 of Res. No. 186 -11 -13500 PASSED AND ADOPTED this 1 st day of November2011. ATTEST: CITY CLERI APPROVED: it Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami Ap- AmatloaRy CITY OF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoor To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manag r From: Christopher Brimo, AICP� Planning Director Date: November 1, 2011 ITEM No. Jr 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 rigbt -of- way at 5880 Sunset Drive to promote an event titled "The 71 st Annual Ramble Festival ", held by the Fairchild Tropical Botanic Gardens November 11 thru November 13, 2011.. 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 The 71 st Annual Ramble Festival ". This is a food and music festival celebrating seven decades of South Florida history, and benefiting the Fairchild Tropical Botanic Gardens on November 11 - 13, 2011. 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 (S) 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 5880 Sunset Drive between November 3, 2011 thin November 13, 2011. REC(7MMENIDATION Staff recommends that the Commission approve the banner request application for the period November 3, 2011 thru November 13, 2011, which is in compliance with Section. 20- 4.3(N) Backup ]Documentation: • Resolution • Banner Request Application, submitted on October 24, 2011 • Fee Schedule, Part 2 of 4 • Banner Design — Exhibit "A" • Insurance Certificate • Non -Profit Certificate • Event Information Z1Comm ltems\2011 \11- 1- 11\Fai child Banner Request\Fairchild Ramble Banner Request_ CM Report 10- 24.11.doc CITY OF SO*VT.q MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, FI 33143 305 - 663 -6326 Banner Request Application 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(3) Attached Name of Not (Organization Address of oQOt l QZu Vky- &A Organization ll contact Person Title __'QR_s1� Phone J AS fy ' 4, t Briefly describe event for which Lou wish to display a banner in South Miami. Event date(a) Dates banner to be displayed to A fee of$250 per banner is required to cover cost incurred by the city to hang and remove the banner. Received by Check ff ATTACHMENTS REQUIRED: Proof of Insurance Reed Banner Design (including wording) Reed . ........ . ... ..... ... � ..__ ._ .._._.---- _, ---- ._... ----- - - - ---_ --------- City Commission Approval Resolution No. Date Date City Manager (9'o be signed by My ManagerfollaWng approval by Oly commission) v P:1For=1 PB- Banner Appllcatton.tloc Part 2 of 4 City Of SDIIih Miami, Florida PLANNING AND ZON ING DEPARTMENT A,PPmcATiON,.ffiscELLANFous AND DOCTTMENT FEES DATE: NAME: PHONE NO: 3 03.41.300 NEWSRACIC APPLICATION FEE ........................ ($50 per newsrack) 03.41.300 OUTDOOR DINING / SEATING PERMIT White copy to Planning,- Pink copy to Customer; Yellow copy to Finance ($45 per seat on public sidewalks, in Fiscal Year 20I0.2011) ($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 03.41.300 TEMPORALLY SIGN PERMIT ........................ ($75 per 30 day period) 019 issuance; Renewals: EI 2 "" C7 3d 03.41.300 BANNER OVER PUBLIC STREET ........................................ ($300) 43:0 Maximum of 14 days POLE BANNERS Per each pole banner, per maximum 30 day period ($30) Minimum fee ($300) MU NTI -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 I IMAGING 03.41.400 REQUEST FOR MICROFILM I IMAGING RESEARCH ....... ($100) 03.41.400 MICROFILM / IMAGING Reader/Printer copies ....... ($12 each image) 0169.920 LDC, COMP PLAN & ALL PHOTOCOPIES ($ 0. IS per single -side copy; $ 0:30 per double -sided copy) GRAND TOTAL 3a0, 00 1i X:lPOtmsd.2eceipt forms \RECEIPT FOPW Part it 1-4-3 Ldoc Ordinance No.04.11.2077 adopted 1.4-11 White copy to Planning,- Pink copy to Customer; Yellow copy to Finance M� M 0 dv C q M a 'l CERTIFICATE OF LIABILITY INSURANCE DATEtMMDDYY, to /2s /zoxl THIS CERTIFICATE IS ISSUED A$ 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 polley(les) 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, C TACT ME: PHONE FAX 8200 N.W4 41St Street Suite 200 Miami, FL 33168 EMAIL ADDRESS, INSURERjSU AKKORDING COVERAGE NAIL0 _ INSURERA: VIGILANT INS CO 120397 ME PREMISES Ea n INSURED Fairchild Tropical Botanic Garden INSURER 8: ' 32,000 . INSURER C: $1,000,000 INSURERD: 10901 Old Cutler Rd. INSURER E: GEN'L AGGREGATE PQUGY Coral Gables, FL 33156 - PRODUCTS- COMPIOPAGG $2.000,000 INSURER F COVERAGES CERTIFICATE NUMBER: 23774960 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. IITA o.a1ao9 SUER pOMCYt1UMeER MMIOUp2O eMnoYEXP II QUIDS A GeNERALLIASILITY TOWO M RICAI GENERLLABILITY . MS MADE OOCCUR % 35367194 03/0111 03%O1112 EACHOCCURRENCE 8 1,000,000 ME PREMISES Ea n 51,000,000 MED Via (An ens 32,000 . _—J PERSONALSAOVINJURY $1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE PQUGY UMITAPPLIES PER: PRO- $ LQC PRODUCTS- COMPIOPAGG $2.000,000 5 AUTOMOSB.E LIABILITYQe1dNdQ0 ANY AUTO ALLOWNED SCHEDULED AMS AUTOS H EOAUTOS NON -OWN51) AUTOS SINGLE LIMIT BODILY INJURY (Pay person) $ BDDILY INJURY (ParocciUanO $ PROPERTY DAMAGE re_ S H UMBRELLA LIAR EXCESSLIAB pCCVft CLAIMS -MAp BACHOCCURRENce S AGGREGATE 5 DID I I RETENTIONS $ WORKERSCOMPENSATION ANO EMPLOYERV IABILITY OFANY EXCLUDEPTEC I (MandalarylRNH) Ryyes DERIPTION OF O PEF'ATONS UaIOw NIA I WCBIATU- OTN- E.I. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE S E.L.OISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS! LOCATIONSI VEHICLES tABaah ADDED 101 AddNLanel RamMIM Schedule, ff Mayo space is rogaired) Re: Promotional Banner Eor the 71st Annual Ramble Festival to be displayed Erna, 10/30/11 to 11/13/11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of South Miami THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE POLICY PROVISIONS. Sunset Drive AUTHORIZED REPRESENTATIVE y Miami, FL 331431 USA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD joysch 23774960 ngt� •6'i"p nattmtn)rm or Me'I'retiy 17 Y A.@� lnecrwl Am an -Sc r a P.O. Box 2508 In reply refer to: O2g86672g7 Cincinnati ON 45201 July 22, 2010 LTR 4168C EO 59 -06W80 000000 00 00016746 BODC: TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD. CORAL GABLES FL 33156 -4233 jt!'(;1;1Vja) JIJL 2 32010 azaaza Employer Identification Number: 59- 0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Number: 1- 877 - 829 -5500 Dear Taxpayer! This is in response to your July 13, 2010, request 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(s) 509(a) (1) and 170(b)(1)(A)(vi). Donors may deduct contributions to Yott 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 i.f.they meet the applicable provisions of sections 2055, 2106, and 2522 of the Cade. 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)(vi) or section 509(a)(2) as reported on Schedule A of the Form 990. If your organization does not meet the public support test for two consecutive years, it is required to file Form 990-PF, 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.