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5South Miami AA•AmericaM CITY OF SOUTH MIAMI 1 r OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the C' Commission Via: Roger M. Carlton, Acting City Manager! From: Thomas J. Vageline, Director Planning and Zoning Department Date: December 15, 2009 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 AT 5880 SUNSET DRIVE TO PROMOTE THE 4th ANNUAL INTERNATIONAL CHOCOLATE FESTIVAL A FUNDRAISING EVENT SPONSORED BY FAIRCHILD TROPICAL BOTANIC GARDEN TO BE HELD AT THE GARDEN ON JANUARY 22 -24 2010: AND 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 at 5880 Sunset Drive in order to promote the 4th Annual International Chocolate Festival, a fundraising event to be held at the Garden on the weekend of January 22 -24, 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 5880 Sunset Drive. The event is scheduled to take place on the weekend of January 22 -24, 2010. Attached is a copy of the application, the banner design and an insurance certificate. The adopted ordinance limits the display period for a banner to a maximum of 14 days prior to the event. The banner will be displayed January 8 -22, 2010. 2 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 Application and banner design; Insurance Certificate LDC Section 20- 4.3(N) Banner Status Report 2009 X (Comm Itenas12009U2- 15- 091Banner Approval Fairchild Chocolate 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 AN APPLICATION PURSUANT TO LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A BANNER AT 5880 SUNSET DRIVE TO PROMOTE THE 4TH ANNUAL INTERNATIONAL CHOCOLATE FESTIVAL A FUNDRAISING EVENT SPONSORED BY FAIRCHILD TROPICAL BOTANIC GARDEN TO BE HELD AT THE GARDEN ON JANUARY 22-24,2010: 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, Fairchild Tropical Botanic Garden, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote the 4th Annual International Chocolate Festival, a fundraising event to be held at the Garden during the weekend of January 22 -24, 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 Fairchild Tropical Botanic Garden. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the application submitted by Fairchild Tropical Botanic Garden, a non- profit organization, requesting approval to hang a banner over Sunset Drive at 5800 Sunset Drive in order to promote the 4`h Annual International Chocolate Festival, a fundraising event to be held at the Garden during the weekend of January 22 -24, 2010 is hereby approved for hanging during the period January 8 -22, 2010. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of ATTEST: CITY CLERK 120 APPROVED: 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 49 50 51 (2) READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2009 \12 -15 -09 \13anner Fairchild Chocolate Event Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, F133143 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 C Address of �dq 6 , �, a l U�teV P-d ° Organization �'' T r' a ��abtes TL 33156 Contact Personab O Vll%112k0. Title �QVuE�tno pyol%. tltoo Phone 305 (Dta3 • a© r'd� t Briefly describe event for which you wish to display a banner in South Miami. 4� k ttnRw n r c rP -Test il\ cr�Lf 74, 201 C Event date(s) t s -s-o -s-oy 4L - Dates banner to be displayed �eanuo v__�__ g —_to $300 A fee of $(0 per banner is required to cover cost incurred by the city to hang and remove the banner. Check # 7l 7 Received by ATTACHMENTS RE D: Proof of Insurance Recd Banner Design (including wording) Ree'd ➢ Banners will be displayed 10 -14 days before the advertised event takes place; banners will be removed by the City after the end of the special event. ➢ Banner Specifications — 30 Feet long X 3 -4 Feet Wide, 60 Feet of °% nylon rope with hooks and the banner must have vents. ------ --- ----- City Commission Approval Resolution No. Date Date City Manager (To be signed by City Manager following approval by City Commission) ro �) Uk I M) I T " A " ' •C®R®r.N CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/07/09 PRODUCER 1- 305 -592 -6080 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J. Gallagher Risk Management Services, I.e. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4200 N.W. 41st Street Suite W. Miami, FL 33166 Id Tropical Botanic Garden 901 Old Cutler Rd. Gables, FL 33156 rnvcannce INSURERS AFFORDING COVERAGE I NAIC# INSURFRA Vigilant Insurance Co. 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISS LTR ADD-] POLICY NVMBER POLICY EFFECTIVE D TE D POLICY EXPIRATION DATE MMDD LIMITS A X GENERALLIASILITY 35367194 03/01/09 03/01/10 EACH OCCURRENCE $1,000,000 DA AGE TO RENTED PREMISES Ea cocurenca $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 111 OCCUR MEDEXP(Anyoneperson) $1,000 PERSONAL &ADV INJURY $1,000,000 GENERALAGGREGATE $ 2,000,000 GEN'IAGGREGATE LIMITAPPLIES PER: PRODUCTS -COMPIOPAGG- $2,000,000 POLICY jECT X LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Pmperson) $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (PeraccidenH $ HIRED AUTOS NON -OWNEDAUTOS PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY AUTO ONLY- EAACCIOENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTOONLY: AGO EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR EI CLAIMS MADE AGGREGATE Is $ DEDUCTIBLE $ RETENTION $ WCSTATU- OTW WORKERS COMPENSATION AND T E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETOWPAITNERIEXECUTIVE E.L. DISEASE -EA EMPLOYEE $ OFFICEWMEMBER EXCLUDED? R ECJALcribe nSIO SPECIAL PROVISIONS below ILL DISEASE, POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS ]VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: The 4th Annual Chocolate Festival, banner to be displayed from 01/08/10- 01/22/09 ® 5800 Sunset Drive, '.South Miami,FL. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of South Miami Planning Department DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL 30 Sunset Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR South Miami, FL 33143 USA ACORD 25 (2001/06) BBTLAZ 13755685 AUTHORIZED REPRESENTATIVE 1988 IMPORTANT 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. ACORD 25 (2001!08) OTIiEP� R);CULATS013S 20 -4.3 (N) Banners over Rights- of-Way. (1) Organizations wishing to display a banner over rights- of -ivay in the City o£ 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 advertised 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. (4) . The organization must pay a two hundred and ,fifty- dollar ($250.00) fee in advance or the actaal mst -incurred .by.t�- _'ty to.1 =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 (l) 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- 934533, 6 -1 -93; Ord. No. 1g_g3 -1548; §§ 2, 3, 11- 16 -93; Ord. No. 19 -96 -1619, § 1, to -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- 07.1911, § 1, 5 -1 -07) O O N �i d V W w® V Z H H N r-. Q biD 5� boo c v o d N co ON N y � O O Q\ � � i � G> � O y' O O O C> O }1.d in W 7 � �, O C� O N Vl Ul O � co 0 0, a o r o, o 0 0 0, o o o� rn O 4a O U i+ ❑ � � U V7 v? V1 7 r/1 O O O O O O N O> O a o 0 0 0 o co co . 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