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Res No 226-11-13540RESOLUTION NO. 226 -11 -13540 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 6 "' Annual Chocolate Festival," held by the Fairchild Tropical Botanic Gardens on January 20 through January 22, 2012. 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 6`h Annual Chocolate Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between January 20 through January 22, 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 5880 Sunset Drive, to promote the event titled "The 6"' Annual Chocolate Festival," an event to be held at Fairchild Tropical Botanic Garden located at 10901 Old Cutler Road between January 20 through January 22, 2012 is hereby approved during the following period: January 8 through January 22, 2012. Section 2. This resolution shall be effective immediately upon being approved. Pg. 2 of Res. No. 226 -11 -13540 PASSED AND ADOPTED this 20th day of DecembgkOl 1, ATTEST: CITY CLERK I10�9d MAYOR COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: absent Commissioner Beasley: Yea Commissioner Palmer: Yea Commissioner Harris: Yea South Miami Ail•AmerdeaCit9 CITY OF SOUTH MIAMI r I f OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Mernbei,s of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Christopher Brimo, AICP (i Planning Director f� Date: December 20, 2011 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 5880 Sunset Drive to promote an event titled "The 6tn Annual Chocolate Festival, " held by the Fairchild Tropical Botanic Gardens on January 20 through January 22, 2012. APPLICANT'S REQUEST The applicant Fairchild Tropical Botanic Gardens, a non -profit organization, submitted a Banner Request Application, asking for approval to hang a banner over Sunset Drive to promote the event "The 6th Annual Chocolate Festival ". This is an international chocolate festival that will be held at the Fairchild Tropical Gardens January 20th throw January 22, 2012, APPLICABLE RE' GULATIO 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 5880 Sunset Drive between January 8th, through January 22, 2012. RECOMMENDATION Staff recommends that the Commission approve the banner request application for the period January 8, 2012 through January 22, 2012, which is in compliance with Section 20- 4.3(N) Backup Documentation: • Draft Resolution • Banner Request Application, submitted on October 25, 2011 • Fee Schedule, Part 2 of 4 • Banner Design — Exhibit "X' • Insurance Certificate • Non -Profit Certificate Z:\Comm ltemsV011 \12- 20- I17airchiid Chocolate Festival Banner RequestTairchild Chocolate Festival_ CM Report t2 -13- 2011.doc CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, JFI 33143 305 -663 -6326 DEC 0 7 2011 Pl°Effl�n"?�i g wnd Z;y(rang, varmont 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(1) Attached Name of Not for Profit - �fo eCi� n Organization '�al Gyt �� C-10 q ae V\. Organization Organization Contact Person�(ltiA� Title "Mtn Phone to ce`i • i (DS) describe event for wbich you wish to display a banner in South 11'Iiami. Eventdate(s) Dates banner to be displayed j tS' 1 2 to � 7i i ,7---� A fee of $250 per banner is required to cover cost incurred by the city to hang and remove the banner. Received by Check 0 ATTACHMENTS REQUIRED: Proof of Insurance Ree'd Banner Design (Including wording) Ree'd _.. ---- _ ------------- _ ------------------------ --- _- -_ - - -_ __ City Commission Approval Resolution No. Date Date City Manager (To be signed by City managerfollowing approval by Cary Comodssion) Rl Formsl PB- Banner Appll ea#ondoe IRS= ew Ailia Trenanry v Revenue 8errf" P,O, Box 2508 In reply refer to: 0248667147 Cincinnati OH 45201 July 22, 2010 LTR 4168C EO 59- 0668480 000000 00 00016746 BODC: TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 33156-4233 VI+,iVED JUL 2 3 2010 oioaza 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 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)(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. m x w =} inic Garden > and sip coffee and tea during the season's most ay fine chocolate samples from artisan chocolatiers e our Chocowalk to learn about the life cycle of a cacao plant, with stops in R nforest and more. tch master chocolatiers and chefs demonstrating recipes with chocolate snd lectures on the chocolate making, chocolate history, science and more coffee, .tea and hot chocolate surrounded by the beauty of Fairchild ion: Free for Fairchild Members and children 5 and under. � nbers ;:$25 for adults, $18 for seniors 65 and up and $12 for children 6 71.7. count: If you walk, ride your bike or take public transportation to Fairchild; $5 off .admission for adults and $2 off admission for children. Members, ier to bring your Rewards Card to earn your gift passes! (Discount: We are pleased to offer active military personnel free admission. in admission for spouses is $20 and children $10. Please present Military IDs. /��O CERTIFICATE OF LIABILITY INSURANCE DATE DATE06 /2 11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 Arthur J. Gallagher Risk Management Services, Inc. CONTACT NAMEt PHONE FAX .NnExUt AD_pRless. 8200 N.W. 41st Street INSURERIS)AFFORDING COVERAGE NAICS Suite 200 Miami, FL 33166 INSURERA: VIGILANT INS CO 20397 INSURED MED EXP An oneyarson $ 2,000 tNSllRER C: _ $ 1,000,000 Fairchild Tropical Botanic Garden INSURER D: GENERAL AGGREGATE 10901 Old Cutler Rd. INSURER E: LIMIT APPLIES PER: PRO' X LOC Coral Gables, FL 33155 $2,000,000 $ INSURER F: AUTOMOBIEE LIABILITY ANY AUTO AEl OWNED SCHEDULED At1T05 NON-OWNED HIRED AUTOS AUTOS COVERAGES CERTIFICATE NUMBER: 24347349 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. MSR LTJI TYPE OF INSURANCE I.m. SUBR POLICY NUMBER AMDDY EFF POLI6DY EXP LIMITS A GENERAL LIABILITY X COMMERCIALGENERALLIASILIT' _ f� CLAIMS -MADE (J OCCUR USA 35367194 03/01/1 03/01/12 EACHOCCURRENCE $ 11000,000 DAMAGE TO RENTED TO ffff] kS-JiCe M $1,000,000 MED EXP An oneyarson $ 2,000 PERSONAL &ANY INJURY $ 1,000,000 _ GENERAL AGGREGATE $2,000,000 SENT. AGGREGATE POLICY LIMIT APPLIES PER: PRO' X LOC PROOUCTS.COMP /OPAGG $2,000,000 $ AUTOMOBIEE LIABILITY ANY AUTO AEl OWNED SCHEDULED At1T05 NON-OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Re BODILY INJURY (P., person) $ BODILY INJURY(Persccdmc, $ PROPERTY DAMAGE IP41_A0w-0!3 $ * M8RELLA LIAB SS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE AGGREGATE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOREXCLUDED ?ECU7IVE YIN (Mandatory In NH) L—J If yes. despriiM under DESCRIPTION OE OPERATIONS below NIA WC STATU- OTH- El. EACH ACCIDENT $ El DISEASE -EA EMPLOYE $ E.I, DISEASE - POLICY LIMB $ DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, if morn apace is required) Re: Promotional Banner for the ChocolatFestival to be displayed on Sunset Drive, south Miami, Florida from: January sth, 2011 to January 22nd, 2011. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) Joyech 24347349 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 ky} �°" USA ACORD 25 (2010105) Joyech 24347349 ©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 IJ DATE: NAME: ADDRESS: `MENT FEES ;ECK NO: �I cl 7 2, TONE NO: sos lblA. 1 03.41.300 NEWSRACK APPLICATION FEE ........................ ($50 per newsrack) 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 03.41,300 TEMPORARY SIGN PERMIT ........................ (S75 per 30 day period) 0l" Issuance; Renewals: 13 2 ' ❑ 3' 03.41.300 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 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 X\rormsiRecelpt formSVtECEIPT FORM Part 11 1- 4- 1l.doc Ordinance No.04 -11 -2077 adopted 1-4-11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance 300, 00