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8South Miami M-Amencfl t➢ CITY OF SOUTH MIAMI 1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Membe s of the City Commission Via: Hector Mirabile, Ph.D., City Manager %r� l 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 (S) 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 I RESOLUTION NO. 2 3 A Resolution of the Mayor and City Commission of the City of South 4 Miami, Florida concerning an application pursuant to Land Development 5 Code Section 20- 4.3(N) to permit the installation of a banner over Sunset 6 Drive to promote the Food and Garden Festival, a fund raising event to be 7 held at Fairchild Tropical Botanic Garden April 30 -May 1, 2011; 8 providing for an effective date. 9 10 WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over 11 rights -of way" all non -profit organizations proposing to display a special event banner over a City 12 street must submit a Banner Request Application; and 13 14 WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non -profit 15 organization, has submitted a Banner Request Application asking for approval to hang a banner 16 over Sunset Drive in order to promote the Food and Garden Festival, a fundraising event to be 17 held at Fairchild Tropical Botanic Garden, 10901 Old Cutler Road which will take place at the 18 Gardens on the weekend of April 30 -May 1, 2011; and 19 20 WHEREAS, the submitted application contains the required insurance statement, 21 non - profit certificate, banner design document, and fee; and 22 23 WHEREAS, the Mayor and City Commission of the City of South Miami desire to 24 support Fairchild Tropical Botanic Garden. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 28 29 Section 1. That the request submitted by the Fairchild Tropical Botanic Garden, a non- 30 profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over 31 Sunset Drive at 5880 Sunset Drive in order to promote a fundraising event entitled the Food and 32 Garden Festival, a fundraising event to be held at Fairchild Tropical Botanic Garden, 10901 Old 33 Cutler Road on the weekend of April 30 -May 1, 2011 is hereby approved for hanging during the 34 period April 16 -May 1, 2011. 35 36 Section 2. This resolution shall be effective immediately upon being approved. 37 38 39 PASSED AND ADOPTED this day of , 2011. 40 41 ATTEST: APPROVED: 42 43 44 45 CITY CLERK MAYOR 46 47 48 PA 4 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 AND SUFFICIENCY: CITY ATTORNEY Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Y: \Comm Items \201 I\MON 4 -4 -11 \Banner Over Street - Fairchild Tropical Botanic Garden\Banner Fairchild Orchid Event Resolution.doc ECE, : L P4JAR 2 4 2019 Pianna and Zoning _ Depa 'bi ant 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 _p Organization 1 irChd d TQP; (11 80iariC 67 01.//A s� Address of Organization /090/ D/c°C CUt /Cr i' 4foM C6-}'9/ C gb%eS, FL- 3315-67 Contact Person Title Cr>M'7wL C" ✓ A - Phone 305 905 f DSS Briefly describe event for which you wish to display a banner in South Miami. -The Foo(C ae,d C?arZy1 LS a Ce /ChaJ)n7 s' date(s) 13r2ri ! Q- rn i y / U I i Dates banner to be displayed �9ri / / to Location(s) 6%go SV'Jk ortwe ,$3aV A fee of- yr2Wper banner is req it o c er cost incurred by the city to hang and remove the banner. Received by Check # (o$g5 ATTACHMENTS REQUIRED: roof of Insurance Ree'd Banner Design (including wording) Recd ➢ Banners will be displayed 10 -14 days before the advertised event takes ee; 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 1/2 nylon rope with hooks and the banner must have vents. City Commission Approval Resolution Date City Manager (To be signed by City Manager following approval by City Commission) A � p ® CERTIFICATE OF LIABILITY INSURANCE DATE ODY 1 03/1188 /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 1-305 -592 -6080 Arthur a. Gallagher Risk Management Services, Inc. CONTACT PHONE FAX C N Exit, AIC. No): E -MAIL ADDRESS: 8200 N.N. 418t Street __ INSURER(S)AFFORDING COVERAGE NAICp Suite 200 Miami, FL 33166 ,, INSURERA: VIGILANT INS CO 20397 EACH OCCURRENCE INSURED INSURER B: X COMMERCIAL GENERAL LIABILITY INSURER C Fairchild Tropical Botanic Garden INSURER D: 10901 Old Cutler Rd. $ 1,000,000 MED EXP Any one parson) Coral Gables, FL 33156 CLAIMS -MADE L�J OCCUR INSURER F: COVERAGES CERTIFICATE NUMBER: 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. HIS Lm TYPE OF INSURANCE INSR BURR POLICY NUMBER MMIDDY MMIDDYEXP LIMITS A GENERALLIABILITY X 35367194 03/01/1 03/01/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ee occenence $ 1,000,000 MED EXP Any one parson) $ 2,000 CLAIMS -MADE L�J OCCUR PERSONAL B ADV INJURY $ 1.000,000 GENERAL AGGREGATE $ 2,000,000 BEVL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 $ POLICY PRO - X LOC JFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Par person) -I- If ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NON OWNED HIRED AUTOS AUTOS H PROPERTY DAMAGE Pera 'de 1 $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNEWEXECUTIVE VD E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE EA EMPLOYE $ E. DISEASE - POLICY LIMIT $ 8 yes, describe under DESCRIPTION OF OPERATIONS bolo. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The Certificate Holder is an Additional Insured as respects the Food & Garden Festival promotional banner that will be displayed on Sunset Drive, South Miami from April 16th, 2011 to May 1, 2011. r FRTIFIrATF Nnl nFR CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD j oysch 20190645 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 REPRESENTATIVE South Miami, FL 33143 ���V a vl USA ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD j oysch 20190645 neparlmrnl of I1e'1'rrasap' g A7Gmermil Iteremie sorrier P.Q. Box 2508 In reply refer to: 0248667147 Cincinnati OH 45201 July 22, 2010 LTR 4168C EO 59- 0668480 000000 00 00016746 BODCe TE FAIRCHILD TROPICAL BOTANIC GARDEN 10901 OLD CUTLER RD CORAL GABLES FL 33156 - 4233 iiLCli1VLi? JUL u a zofo oiosaa Employer Identification Number: 59-0668480 Person to Contact: Ms. Wittwer Toll Free Telephone Number; I -877- 829 -5500 Dear Taxpayer: 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 section(s) 509(a)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to You as provided in section 170 of the Lode. 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 Code. 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. i I Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: NAME:_T�iv 3 74 1( `7,00ie CHECK NO: CZa✓� ADDRESS: 1c1Aol 61PI CAPcv Annd PHONE 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) 01" issuance; Renewals: 0 2nd 0 3rd 03.41.300 BANNER OVER PUBLIC STREET ......... ............................... ($300) °3t!d7 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) X: \Forms\Receipt fortes \RECEIPT FORM Part 111-4-1 Ldoc Ordinance No.04- 11- 2077 adopted 14-11 ' White copy to Planning; Pink copy to Customer; Yellow copy to Finance GRAND TOTAL Soo _