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South Miami AII•Amertcaft CITY OF SOUTH MIAMI , F OFFICE OF THE CITY MANAGER m INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: January 14, 2010 ITEM No. Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING RETROACTIVE APPROVAL OF AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER ON SUNSET DRIVE TO PROMOTE THE 59T13 ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 9- 10, 2010: AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Beaux Arts, Inc., an auxiliary to the Lowe Art Museum, a non -profit organization, has submitted a Banner Request Application asking for approval to hang a barrier over Sunset Drive at 5800 Sunset Drive in order to promote a the 591h Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 9 -10, 2010. 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. Attached is a copy of that section. SPECIFIC BANNER REQUEST It is requested that the proposed banner be placed across Sunset Drive at 5800 Sunset Drive. The event is scheduled to take place on the weekend of January 9 -10, 2010. Attached is a copy of the application, insurance certificate, and a banner design document. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to the event which would be December 28, 2009 to January 11, 2010. 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 a retroactive approval resolution. Backup Documentation: Draft Resolution; Banner Application and banner design; Insurance Certificate LDC Section 20- 4.3(N) Banner Status Report VV /SAY X9Comm Items1201011- 14- MBanner Approval Beaux Arts Event CM Report. doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA CONCERNING RETROACTIVE APPROVAL OF AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER ON SUNSET DRIVE TO PROMOTE THE 59Tn ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 9 -10, 2010: AND 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, Beaux Arts, Inc. which is an auxiliary to the Lowe Art Museum, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5800 Sunset Drive in order to promote a the 59`h Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 9 -10, 2010; and WHEREAS, the submitted application contains the required insurance statement, banner design document, and fee; and WHEREAS, the Mayor and City Commission of the City of South Miami desire to support the Beaux Arts Festival of Art. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the request submitted by the Beaux Arts, Inc. which is an auxiliary to the Lowe Art Museum, a non -profit organization, asking for approval to hang a banner over Sunset Drive at 5800 Sunset Drive in order to promote a the 59`h Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 9 -10, 2010, is hereby approved retroactively for hanging during the period December 28, 2009 thru January 11, 2010. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of 2010. ATTEST: APPROVED: CITY CLERK MAYOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 (2) READ AND APPROVED AS TO FORM: CITY ATTORNEY Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: X: \Comm Items\2010 \1- 14- 10\Banner Beaux Arts Event Resolution.doe aYN IC DEPARiTylEIi -I 633® "sansei �riva, South ii!iami, 15133143 305- 663 -6326 s-nnei Request ApplieR60n Application for the purpose of requesting approval to display banners over public streets promos ng even s as set forth in Ordinance No. 10'07 -191 ]; LDC Section 20- ?.3(N) A-,"ch'd Name of Not forProit organization `< � C t Address or ( ? a— + V C ®rgasization Coetact Person 2 Title �? d ✓r iiy Phone 130 0 S* gefly describe event for which you wish to display a basher in South RB!Ei• a .? e-. i O 2 u u 2 io )c: iS 2.� i� 5cfi Dates banner to be displayed C_ — ..3 v� fee of er banner ss required to cover cost incurred by the city to ban; and remove the banner. Check i . j Deceived byG %I�� — AygACgSQ -fjM: Proof ofgnsurance Banner Design (including wording) 1Zee'd —� > 13anner-s Viii be displayed 30 -14 days before the advertised event takes place; baianers will be removed by the Ci y a,te,-the end of the special event, 9 Banner Specifications - 30 Feet long y 3 -d Feet Wide, 60 Feet of l nylon rope with hook and the banner must have vents. . --- - --------- - ----- `- -- Date City Commission Approval Resolution No. .Bate City lVanager (To be siged by City Managerfo'lowlag app ravai by City Comrnirsivn) n fD'-j VC 0 t EE N E LU 0-0 0 0 'Iwo 0a 0 C14 0 cm rya 0) C: r 0 aa A , CERTIFICATE OF LIABILITY INSURANCE DATE (MM /D 12/07/2009 2009) PRODUCER f1')5)558 -1101 FAX (305)822 -4722 Keen Battle Mead & Company 7850 Northwest 146 Street Suite 200 Miami Lakes, FL 33016 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Beaux Arts of the Lowe Art Museum 1301 Stanford Drive Coral Gables, FL 33124 -6310 INSURER A: Great American Assurance Co 101012 INSURER B: GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR INSURER C: 04/09/2009 INSURER D: EACH OCCURRENCE INSURER E: DAMAGE TO RENTED . ncuueoce COVFRAnFS 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 CERTIPICATE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD' TYPE OF IN POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR PACO279991600 04/09/2009 03/10/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED . ncuueoce $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &AOV INJURY $ 110001000 GE NERAIAGGREGATE S unlimite GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 5,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) BODILY (Per accident) 0 $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE S g g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? if yes, describe under SPECIAL PROVISIONS below I WC STATU- OTH- E.L. EACH ACCIDENT $ E.L. DISEASE EA EMPLOYE $ EL .DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS'/ LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS City of South Miami Attn: Sandy Youkilis 613D Sunset Drive South Miami, FL 33143 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE /— >l d © ACORD CORPORATION 1988 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. , / r ACORD 25 (2001/08) OTIiER RD, GULATIONS 20 -4.3 (l) Banners over Rights- of-way. (1) Organizations wishing to display a banner over rights- of -V ay 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; (e) Banners may be displayed ten (10) to fourteen (14). days before the advert -sea event takes place; banners must be removed within five (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. (a) . The organization must pay a two hundred and.fifty- dollar ($250.00) fee in advance or �e �ctrai cost inao -*ed by, _ aty to, ha g .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 firms approved by.the city to hang and remove the banners will be the only entiiies performing this task. (Ord. No.1 -91 -1466, 1- 15 -91; Ord. No. 9-92-1504,5-19-92; Ord. No. 4 -93 -1533, 6 -1 -93; Ord. No. 18 -93 -1544; §§ 2, 3, 11- 16 -93; Ord. No, 19 -96 -1619, § 1, 10 -1 -96; Ord. No. 6 -98 -1654, § 3, 4- 21 -98; Ord. No. 9 -99 -1683, §§ 2, 3, 5 -4 -99; Ord, No. 22 -01 -1753, § 1, 10 -2 -01; Ord. NO- 10-071911, § 1, 5 -1 -07) N i 1 tai oa O � W U Z H N Q we bD C> O G N , ro N co W 000 Gl N r ® y i O (D O O, 01 01 G, 01 O A O � Ci O N .A r v, 1� U rn r/) v1 U) V1 CID o n o 0 0 o O y o a O Cn o O o 00 0� • o vj v� in In In �n In Q v-� d cq N O oo N O O ~ O CD N ,-. O N O N O O N A N �7 N ..D C:l �O C� w W� N 'G O .•-r J.+ N 14 Lr� O Cn O O N �'' .� O d• M c cli W N ti N N CD N N ti ti F"n N GJ m co w Imo' (n O u N b cd O N <C W a Cd o w ? 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