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5South Miami IUI•RmedeaM CITY OF SOUTH MIAMI , f OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members o he City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Departmen Date: January 18, 2011 ITEM No. Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida concerning approval of 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 Annual International Chocolate Festival, a fundraising event sponsored by Fairchild Tropical Botanic Garden to be held at the Garden on January 21 -23, 2011; and providing for an effective date. APPLICANT'S REQUEST The applicant, the 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 their Annual International Chocolate Festival, to be held at the Garden on January 21 -23, 2011. 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 21 -23, 2011. 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. The applicant has requested that the banner be displayed January 19 — 23. RECOMMENDATION It is recommended that the banner request be approved for the time period limit set forth above. 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 T.TV /SAY X (Comm Items1201111 -18 -III Banner Approval Fairchild Chocolate Fest 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 approval of 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 Annual International Chocolate Festival, a fundraising event sponsored by Fairchild Tropical Botanic Garden to be held at the Garden on January 21 -23, 2011; 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 Gardens, 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 their Annual International Chocolate Festival, a fundraising event sponsored by Fairchild Tropical Botanic Garden to be held at the Garden on January 21 -23, 2011; 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 Garden. 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 Fairchild Tropical Botanic Garden a non -profit organization, asking for approval to hang a banner over Sunset Drive at 5880 Sunset Drive in order to promote their Annual International Chocolate Festival a fundraising event to be held in at the Garden on the weekend of January 21 -23, 2011 is hereby approved for hanging during the period January 19 -23, 2011. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of 2011 ATTEST: APPROVED: CITY CLERK FU ._ •1 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 (2) READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X: \Comm Items \2011 \1 -18 -11 \13anner Approval Fairchild Chocolate Fest Resolution.doc CITY OF SOUTH MIAMI PLANNING DEPARTMENT 6130 Sunset Drive, South Miami, Fl 33143 305- 663 -6326 fanner 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 - Frliroidc)i ?roj f t30�QV %C Address of Organization Dlc% ("LH1W ?"OQO( 3315 Contact Person %'b r +''-) 0 /' L lay) Title CrMfi'7 • Garr- Phone 305 /005' Briefly describe event for which you wish to display a banner in South Miami. -Tll(. Chnrofayc' Fes V01 6trVes /141n d ct 7-LI e /-n ol) r lo rrr / Ckwooha -k- Ve) '9dn-r .c a- 'LtfOJ1 �7��4'' / /1)C G /�Or? /Q 4�)/ 1 ° 1 0('001 Event date(s) J Q✓� 21-Z3 2i)/(b4 �� — Dates banner to be displayed )/19/// to r Location(s) 366 A fee of &250 per banner is required to cover cost incurred by the city to hang and remove the banner. /- Received by -- (s _ Check N 7 F- iJ 6 ATTACHMENTS REQU : Proofoflnsurance ✓ Ree'd 'Ply Banner Design (including wording) Ree'd r 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. Y Banner Specifications — 30 Feet long X 3 -4 Feet Wide, 60 Feet of Vi nylon tope with hooks and the banner must have vents. City Commission Approval Resolution No. Date��s� f � Dale City Manager (To be signed by Ciry+ Mnnnger jnllmvrng oppravrrl $r City Commission) ACOR®im CERTIFICATE OF LIABILITY INSURANCE F DATE 01/ 0606 /20/YYYV) /2011 PRODUCER 1 -3os- 592 -soeo Arthur J. Gallagher Risk Management Services, Inc. 8200 N.W. 41st Street THIS CERTIFICATE IS ISSUED AS A 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. POLICYNUMBER 35367194 POLICYEFFECTIVE DATE MM D 03/01/10 Suite 200 Miami, FL 33166 INSURERS AFFORDING COVERAGE NAIC # INSURED Fairchild Tropical Botanic Garden INSURERA: Vigilant Insurance Co. $2,000 INSURERS: WSURERC: AUTHORRED REPRESENTATIVEy,__�i 10901 Old Cutler Rd. INSURER D: PERSONAL &ADV INJURY Coral Gables, FL 33156 /. TIll A11 aQQ INSURER E: UUVtKAIitS 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, INSR LTR A DD' N R X C GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY POLICYNUMBER 35367194 POLICYEFFECTIVE DATE MM D 03/01/10 POLICY EXPIRATION DATE(MMIDDfYYI 03/01/11 LIMITS EACH OCCURRENCE $1,000,000 PREMISES (Ea occurenca $1,000,000 MED EXP(Anyone person) $2,000 CLAIMS MADE FxIOCCUR AUTHORRED REPRESENTATIVEy,__�i South Miami, FL 33143 USA PERSONAL &ADV INJURY $1,000,000 /. TIll A11 aQQ GENERALAGGREGATE $2,000,000 - GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY M 2 F—xl LOD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Eaaccidenl) $ ANYAUTO BODILYINJURY (Per Person) $ ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS BODILY INJURY (Pwav,lden0 $ NON- OWNEDAUTOS PROPERTY DAMAGE (Peracidenl) $ GARAGSUABILITY AUTO ONLY - EAACCIOENT $ OTHERTHAN EAACC $ ANYAUTO $ AUTO ONLY: AGO EXCESS /UMBRELIA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE -- $ RETENTION $ WC STATU- OTH- WORKERS COMPENSATION AND 0 E.L. EACH ACCIDENT $ EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNERIEXECUTIVE OFFICEWMEMSER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Ifyoa, deecdbeender SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: The International Chocolate Festival, banner to be displayed from January 9, 2011 to January 23, 2011. ceK I It It A I C MULUCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN City of South Miami, Planning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 6130 Sunset Drive REPRESENTATIVES. AUTHORRED REPRESENTATIVEy,__�i South Miami, FL 33143 USA may' ) /. TIll A11 aQQ ACORD 25(2001/08)BETLA2 ,...,. -.... 19247283 OTHER REGULATIONS . 20 -4.3 (N) Banners over Bights -of =Way. (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 five (5) days after the end of the special event. (d) Banner design, color, size,;Psoposed location and wording must be approved by the city commission, and must be submitted along with request. (3) naming he City of South Miami as additionally insured for the period of time banner is displayed. (4) The organization must pay a two hundred o h d��Y- ddollar ($ e o.o )banner. advance or the actual cost incurred by the city g 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 entities 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 -1688, §§ 2, 3, 5 -4 -99; Ord. No. 22 -01 -1753, § 1, 10 -2 -01; Ord. No. 10 -07 -1911, § 1, 5.1 -07) Q 0 FBI U Ga O O N C m 0 �o a N t • �I • Z gy° m o o rn .° m � rA 0 O 0 N N N d n Zt M �O V O O O O ice. O O 01 yV, U iO ti° s. 0 rs� v1 Cl) U) rn rn vi O O O O O O O O a 00 O 00 W O O O 00 00 00 00 00 00 00 kn k i. 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