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Res No 085-11-13399RESOLUTION NO. 85-11-13399 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 "Fairchild's International Mango Festival," a fund raising event to be held at Fairchild 'Tropical Botanic Garden July 9 - 10, 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 event entitled "Fairchild's International Mango 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 July 9 - 10, 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. NtIl3:1MI1! In i I ION j 10941 IV i 1 11I 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 "Fairchild's International Mango Festival," a fundraising event to be held at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road on the weekend of July 9 - 10, 2011 is hereby approved for hanging during the period June 27 - July 10, 2011. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 7th , day of June 2011. ATTEST: a APPROVED: MAYOR Res. No. 85 -11 -13399 (2) Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Z: \Comm items \2011 \6 -7 -11 \13anner Over Street- Fairchild Tropical Botanic Garden \Banner Fairchild Mango Festival Event Resolution.doc South Miami AA�luneticaCBY CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2061 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager 1 From: Lourdes Cabrera, Acting Director WNW Planning and Zoning Department Date: June 7, 2011 ITEM No. Subject: A Resolution of the Mayor and City Commission of the City of South Miaml, Florida concerning an application pursuant to Land Development Code Section 20- 4.3(10 ) to permit the installation of a banner over Sunset Drive to promote the event entitled "Fairchild's International Mango Festival," a fund raising event to be held at Fairchild Tropical Botanic Garden July 9 - 10, 2011; providing for an effective date. APPLICANT'S REQUEST The applicant, Fairchild Tropical Botanic Garden, anon- 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 "Fairchild's International Mango Festival," a fundraising event to be held at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road. APPLICABLE REGULATIQIVS 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 REOi7EST The event is scheduled to take place on the weekend of July 9 -10, 2011. Because of this, the applicant has requested a display time period of June 27, - July 10, 2011 which has a display time of twelve (12) days before the advertised event is scheduled to take place. Pursuant to Section 20- 4.3(1) 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 204.3(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 May 17, 2011 • 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 $300 on January 4, 2011 via Ordinance No. 04 -11 -2077 Z: \Comm Items\201 1\6-7-1 1 \Banner Over Street - Fairchild Tropical Botanic Garden\Banner Fairchild Mango Festival Event cMReport doc_._.., ., .,.. .. _ ... ..._........__.__...., —.... CITY OF SOUTH Mural PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fi 33143 305.663 -6326 IR EE C0 E1100 MR( 17 2011 Do Pkrannerri* Banner Request Application Application for the purpose of requesting approval to display banners over public streets promoting events as set forth in ordinance No. 10 -07 -1911; LDC Section 204.3(N) Attached Name of Not for Profit Organization— �aiYChti(� 7ro�icgl oolamie Address of Organization /0901 01A CYi -IC& ICoa cayaa gables FL. Contact Person Title GaY✓%yi( GDD'i Phone 3M -205--e"" describe wish to display a banner in South Miami. Dates banner to be displayed sjane 47 to duly 10 Locations)$© �iahse� Dwivv A fee of SVA per banner is r ed o cover cost incurred by the city to hang and remove the banner. Received by Check # x'140 ATTACHMENTS REQ Proof of Insurance Recd Banner Design (including wording) Reed ➢ Banners will be displayed 10 -14 days before the advertised event takes ace; banners will be removed by the City after the end of the special event. B Banner Specifications – 30 Feet long X 3 -4 Feet Wide, 0 Feet of% nylon rope with books and the banner must have vents. City Commission Approval Resolution No. Date Date City Manager (To be signed by City Managerfollowing approval by City Commission) A r CERTIFICATE OF LIABILITY INSURANCE 1 OAT /0 05/112/22 /20111 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, Ian. NONEACT PHONE IFAXX EstY I fNC. Not: EMAIL S' ADDRESS! 8200 N.N. 41st Street INSURER(S)AFFORDING COVERAGE NAICP Suite 200 Miami, FL 33166 � INSURER A: VIGILANT INS CO 20397 INSURED INSURER D: Fairchild Tropical Botanic Garden INSURER C: INSURER D i__,�_ G R NTED PREMISES Ea accone,e 10901 Old Cutler Rd. INSURER E: $2,000 Coral Gables, FL 33156 CLAIMS -MADE OCCUR INSURER F: nnveoerea eFRTiFiCATF IJIINiRFR! 21150476 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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. iL. TYPEOFINSURANCE INAR VVUO BR POLICYNUMSER MINDI'mw NI IOP P LIMITS A GENERAL LIABILITY X 35367194 03/01/1 03/01/12 EACH OCCURRENCE S 1,000,000 GENERAL LIABILITY G R NTED PREMISES Ea accone,e $ 1,000,000 MED EXP (An ona orlon $2,000 CLAIMS -MADE OCCUR PERSONAL &ADV INJURY $1,000,000 T=NIMERCIAL GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PROOUCTS- COMPIOPAGG $2.000,000 $ POLICY PRO• X LOC AUTOMOBILE LIABILITY COMBINED SINGLE Ur AT (gaaodowdi if BODILY INJURY (Par pomon) $ ANYAUTO BODILY INJURY(Peraccident) $ ALL OWNED AUTOSULED UTSWNED HIRED AUTOS AO PROPERTY T""210nt $ $ UMSRELIA,UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR OLAI:MADE DEC I I RETENTIONS $ WORKERSCOMPENSAVON WCSTATU- I 1OTH-1 ANDEMPLOYERS'LU\BOJTY ANY PROPRIETORIPARTNEPAXECUTIVE YIN OFROERIMEMBER EXCLUDED? (Mandatonm NH) NIA NiA E.L. EACH ACCIDENT $ E.L. DISEASE•EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I S DMydescribe under OESCRIPrION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remark. Scl ad.le, If more space la ragolred) Re: Promotional Banner for the Mango Festival to be displayed on Sunset Drive, South Miami, Florida from June 27, 2011 to July 10, 2011. CERTIFICATE HOLDER CANCELLATION ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD joyoch 21150476 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 REPRESENTATME South Miami, FL 33143 �. USA ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD joyoch 21150476 J ��gg^� p"polmrm atdif TrMot / i6A M"VonfnerenneSerrtaf In reply refer tot ORti8667147 P.O. Sox 2508 jul.y 22, 2010 LTR 4168C E0 Cincinnati ON 45201 59- 0668480 000000 00 00016746 BODCt TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD' CORAL GABLES FL 35156-4233.' n1t;Ch'i V ji;b JUL J 2010 otosaa Employer Identification Humbert 69- 0668480 Person to Contacts Ms, wittwer Toll Free Telephone Numbert 1- 877.829-5500 Dear Taxpavert This is in response to Your..luly 13, 20100 .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 1437. our records also indicate that you are not a private foundation within the meaning of section 509(x) of the Code because You are described in sections) 509(a)cl) and 170(b)(1)(A)(vi). Donors may deduct contributions to You as provided in section 170 of the Code. Bequestsr legacies, devises, transfers, or gifts to You or for your use are deductible for Federal estate end 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 testa under section )70(b)(1)(A)(vi) or section 509(x)(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 tha'second tax year that the organization failed to meat tlse 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. � t /\ CEO, Part 2 of 4' City of South Miami, Florida PLANNING AND ZONING DEPARTMENT DATE: NAME: MISCELLANEOUS AND DOCUMENT FEES Ci 11 I � NO: 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 ........................ ($75 per 30 day period) rl l' Issuance; Renewals: ❑ 2" 0 3`d 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 -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 X Tortnsllteceipt forms \RECEIPT FORM Part It 1-4.1 1-doe Ordinance No.04 -11 -2077 adopted 1.4-11 White copy to planning; pink copy to Customer; Yellow copy to Finance ,�30o. 00 44po.yo ... ._ .....rub