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Res No 051-11-13365RESOLUTION NO. 51-11-13365 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 Food and Garden Festival, a fund raising event to be held at Fairchild Tropical Botanic Garden April 30 -May 1, 2011; providing for an effective date. 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, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive in order to promote the Food and Garden Festival, a fundraising event to be held at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road which will take place at the Gardens on the weekend of April 30 -May 1, 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: Section L That the request submitted by the 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 the Food and Garden Festival, a fundraising event to be held at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road on the weekend of April 30 -May 1, 2011 is hereby approved for hanging during the period April 16 -May 1, 2011. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 4th day of April 2011. rywy9W Y CLERK MAYO Res. No. 51 -11 -13365 (2) Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: absent Commissioner Harris: Yea Y:\Comm Items\201 1 WON 4 -4 -11 \Banner Over Street - Fairchild Tropical Botanic Garden \Banner Fairchild Orchid Event Resolution.doc South Miami N-AmenaaM CITY OF SOUTH MIAMI 1 r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor Stoddard and Membe s of the City Commission Via: Hector Mirabile, Ph.D., City Manager % t From: Lourdes Cabrera, Acting Director Planning and Zoning Department Date: April 4, 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 Food and Garden Festival, a fund raising event to be held at Fairchild Tropical Botanic Garden April 30 -May 1, 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 in order to promote the Food and Garden Festival, a fundraising event to be held at Fairchild Tropical Botanic Garden, 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 (1) of the first approved by the city to hang and remove the banners will be the only entities performing this task. SPECIFIC BANNER REQUEST The event is scheduled to take place on the weekend of April 30 — May 1, 2011. Because of this, the applicant has requested a display time period of 14 days before the advertised event takes place, April 16 — May 1, 2011. Pursuant to Section 20- 4.3(N) of the Land Development Code, the display period for a banner can be up to 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 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' March 24, 2011 — Violation of 30 Day Submittal • Insurance Certificate • Non- Profit Certificate • Banner design — Exhibit "A" • Fee Schedule, Part 2 of 4 - Note: Fee for Banner over Public Street was increased to $300 on January 4, 2011 via Ordinance No. 04 -11 -2077 Y: \Comm Items\2011\MON 4- 4- 11\Banner Over Street - Fairchild Tropical Botanic Garden\Banner Fairchild Orchid Event CM Report.doc RECINVED L MAR 2 W 2011 Manning ing and Zonhg . De5a 'tmen1 CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fl 33143 305 -663 -6326 Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in Ordinance No. 10 -07 -1911; LDC Section 20- 4.3(N) Attached Name of Not for Profit Organization fiairChilc1 TMPiLZI �vl�v�lr rrVCiQr2 Address of Organization !0901 01c( CU11 -Cr I2Coad Cu7VI C30b/eS, Fl- 3315- lv Contact Person � OAS Title_SxY✓nL - C- " K - Phone J05 905.d'dSS Briefly describe event for which you wish to display a banner in South Miami. ` --hf EbROL Qvld CZOLP(W ct cgle%Zffylr)'\" date(s) 1A vi{ 30-122 v u i Dates banner to be displayed l4 vYi / I to lYJAy 1 Location(s) 5g$o StiNrrk bv,vt ,$3f/V A fee of- S -2Wper banner is req it o c er cost incurred by the city to hang and remove the banner. Received by Check # 6$q5 ATTACHMENTS REQUIRED: _ roof of Insurance Recd Banner Design (including wording) Reed Banners will be displayed 10 -14 days before the advertised event takes ce; banners will be removed by the City after the end of the special event. A Banner Specifications - 30 Feet long X 3 -4 Feet Wide, 60 Feet of 1/2 nylon rope with . hooks and the banner must have vents. City Commission Approval Resolution No. Date Date City Manager (To be signed by City Managerjollowing approval by City Commission) .,4 © ® CERTIFICATE OF LIABILITY INSURANCE D03/18 ODI11 03/18/2011 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 2 -305- 592 -6080 Arthur a. Gallagher Risk Management Services, Zoo- CONTACT PHONE FAX ii AIC No ¢ -MAIL ADDRESSi__._ 8200 N.W. 41st Street AFFORDINIi.COVERAGE NAICq Suite 200 Miami, FL 33166 _NI INSURERA: VIGILANT LANT XNS CO 20397 INSURED INSURER N: INSURER C: Fairchild Tropical Botanic Garden _ INSURER D: PReMS£SE.EOCe.nnnce 10901 Old Cutler Rd. INSURERE: $ 2,000 Coral Gables, FL 33156 CLAIMS -MADE I OCCUR INSURER F: COVPRAC- -PS r rRTIPHftATP NDMRER: 20190645 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTq TYPE OF INSURANCE AOD ACCORDANCE WITH THE POLICY PROVISIONS, POLICY NUMBER a P�YIYEYW MMIDDYEXP LIMITS A GENERALLIABIUTY X 35367194 03/01/1 03/01/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PReMS£SE.EOCe.nnnce $1,000,000 MED EXP Anyone rmn $ 2,000 CLAIMS -MADE I OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2.000,000 GEN4 AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OPAGG $2,000,000 $ POLICY PR P X LOO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea e.Iden0 $_,_. BODILY INJURY (Per Penen) $..... ANY AUTO ::- _. :: BODILY INJURY (Per acchlen0 $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS PPROPERN IDAMAGE $ UMBRELLA LIAR OCCUR EACHOCMRREN05 $ AGGREGATE $ IXCESS UAe CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION WC LIMIT OER TOBY AND EMPLOYERS' LIASILITY ANY E.L. EACH ACCIDENT $ ETORflPARTNEMEX ED7ECUTIVE� (Mandatory in NH) NIA E.L. DISEASE EA EMPLOYE $ E.L DISEASE POLICY LIMIT I $ Nyee, descdbe under DESCRIPTION OF OPERATIONS below T1 bE5CRIPriON OF OPERATIONS f LOCATIONS f VEHICLES (Altaih ACORO f01r AdtllHOnsi Remarks Schedule, If more spaco M roqulrotl) The Certificate Bolder is an Additional insured as respects the Food & Garden Festival promotional banner that will be displayed on Sunset Drive, South Niami from April 16th, 2011 to May 1, 2011. CPRTImCATP NOI DER CANCELLATION ACORD 25 (2010105) i oysch 20190645 ©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 REPRESENTATNB South Miami, FL 33143 USA ACORD 25 (2010105) i oysch 20190645 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Iy�jy� g g') �,+ neparlmm e ar 111c l msury Y i8AS Internal Reccnaa %en1ce P.Q. 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. IMMMAW JUL a zoio oioaaa Employer Identification Number: 59-0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Numbert 1 -877- 829-5500 Dear Taxpavert 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 sootion(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 Coda. 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. J m, 1 M ! � Pant 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES 03.41.300 NEWSRACK APPLICATION FEE ........................ (S50 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 ........................ ($75 per 30 day period) ❑ 1" Issuance; Renewals: d 2" d 3`d 03.41.300 BANNER OVER PUBLIC STREET ......... ............................... ($300) 3Dc� Maximum o €14 days 03.41,300 03.41,300 03.41,300 03.41.400 03,41.400 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 — .............. ($1,500) PERMANENT GENERATOR APPLICATION ........................ (S100) MICROFILM / IMAGING REQUEST FOR MICROFILM / IMAGING RESEARCH ....... ($100) 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:1Form8lReceipt fonns\RHCEIPT FORM Part 11 1-4-1 Ldoc ?ai 4•I'J.2 0 t 3;024'44 Ordinance No.04 -11 -2077 adopted 1-4 -11 -' White copy to Planning; Pink copy to Customer; Yellow copy to Finance 3 &0 P }1 mo wr