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3South Miami AH-America City CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members the City Commission Via: Hector Mirabile, Ph.D., City Manager / From: Christopher Brimo, AICP, Director Planning and Zoning Department Date: September 6, 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 event entitled "Race for the Cure," a fund raising event to be held by Team FootWorks on October 15, 2011; providing for an effective date. APPLICANT'S REQUEST The applicant, Team FootWorks, a non - profit organization, has submitted a Banner Request Application, asking for approval to hang a banner over Sunset Drive promoting the event titled "Race for the Cure ". This is a fundraising event to be held at Bayfront Park, located at 301 N. Biscayne Boulevard. 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: 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 refect 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 Saturday, October 15, 2011, and the applicant has requested a display time period from September 15, 2011 to October 15, 2011, a period of thirty (30) days before the advertised event is scheduled to take place. The display time period that is being proposed exceeds the maximum ten (10) to fourteen (14) days stated in Section 20- 4.3(N)(2)(c) of the City Code. The Banner Request application complies with all of the other regulations that are listed in Section 20- 4.3(N) of the Land Development Code. The applicant has requested that the proposed banner be placed over Sunset Drive at 5800 Sunset Drive. It is recommended that the banner request application be approved with a reduced time period of October 1, 2011 through October 15, 2011 (fourteen days before the advertised event is scheduled to take place). With this reduction, the proposed banner request will be in compliance with the regulations listed in Section 20- 4.3(N) of the Land Development Code. Backup Documentation: • Draft Resolution • Banner Request Application, submitted on August 26, 2011 • 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 • Insurance Certificate • Banner Design — Exhibit "A" • Non - Profit Certificate Z: \Comm Items\2011 \9 -6 -1 I \Banner Over Street - Team Foctworks\Banner Team Footworks 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 RESOLUTION NO. A Resolution 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 "Race for the Cure," a fund raising event to be held at Bayfront Park on October 15,2011;. 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, Team FootWorks, 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 "Race for the Cure," a fundraising event to be held at Bayfront Park, located at 301 N. Biscayne Boulevard on Saturday, October 15, 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 Team FootWorks. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The request submitted by Team FootWorks, a non - profit organization, for approval to hang a banner (as shown on the attached Exhibit "A ") over Sunset Drive at 5800 Sunset Drive in order to promote a fundraising event entitled "Race for the Cure," a fundraising event to be held at Bayfront Park located at 301 N. Biscayne Boulevard on Saturday, October 15, 2011 is hereby approved for hanging during the following period: October 1 — October 15, 2011. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this , day of , 2011. ATTEST: CITY CLERK 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 READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY Conunission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: Z: \Comm Items\2011 \6- 7- 11\Banner Over Street - Fairchild Tropical Botanic Garden\Banner Fairchild Mango Festival Event Resolution.doc CZ "Vs AUG 2 6 2011 Nwfnft and ll'tt°1f2ft CITY OF SOUTH MIAMI PLANNING and ZONING 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 Address of Organization 312- A `ixi lZl UcS ,So P- 1 l A. Vt/ Contact Person Title �c .situ Phone W..S 666 742-A describe event for which you wish to disulav a banner in South Miami. Event date(s) k ocr Zcatt Dates banner to be displayed d_S '6z to a ®cr Location(s) A fee of $300 per banner is requ' c ver cost 'incurred by the City to hang and remove the banner. t� Received by V ` Check # 14000 ATTACHMENTS REQUIRED: roof of Insurance Rec'd Banner Design (including wording) Redd Proof of current Non - Profit Corp. Status Recd ® 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 inch 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) Rev. 12120120101113111 P: I For== PB- Banner Application. doe Part 2 of 4 City of South Miami, Florida PLANNING AND ZONING DEPARTMENT APPLICATION, MISCELLANEOUS AND DOCUMENT FEES DATE: i 21bIII NAME: ` 7&�A ovt ADDRESS: 9"� 2ts sw CHECK NO: p tk o u PHONE NO: 03.41.300 NEWSRACK APPLICATION FEE ........................ ($50 per newsrack) 03.41.300 03.41.300 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 TEMPORARY SIGN PERMIT ........................ ($75 per 30 day period) ❑ Is` Issuance; Renewals: ❑ 2 "d ❑ 3rd BANNER OVER PUBLIC STREET Maximum of 14 days .................. ($300) e 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 43 ® J XA\Forms\Receipt forms \RECEIPT FORM Part 11 1- 4- 11.doc Ordinance No.04 -11 -2077 adopted 1 -4 -11 White copy to Planning; Pink copy to Customer; Yellow copy to Finance A� ®® CERTIFICATE OF LIABILITY INSURANCE 8 26/2011 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 STAR Insurance - Fort Wayne Office 2130 East DuPont Road Fort Wayne IN 46825 CNAME: ONTACT JUDY WEAVER _ ................. ._._. PHONE _ , (260) 467 -5697 AACX .(260)467 -5691 EMAIL ud weaver@ starfinancial. com _ ADDRESS: y• _ INSURERS AFFORDING COVERAGE NAIC# INSURERANATIONAL CASUALTY COMPANY 11991 INSURED ROAD RUNNERS OF AMERICA /2011 AND ITS MEMBER CLUBS 7410 SKYLINE DRIVE FREDERICK MD 21702 -3652 INSURER SNATIONWIDE LIFE INSURANCE CO 66896 INSURER C: INSURER D: INSURER E: $ 2_,_0_00,000 1 INSURER F: • COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER:2 MILLION A. I. I REVISIONNUMBER: 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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MSR R TYPE OF INSURANCE ADD 5 BR POLICY NUMBER MM /DDYEFF PMIDDIYYY LIMITS John Lefever /JWE GENERAL LIABILITY EACH OCCURRENCE $ 2_,_0_00,000 • COMMERCIAL GENERAL LIABILITY -5A­RA-6ETO —RENTED PREMISES Ea occunen e $ 500,000 A I CLAIM&MADE OCCUR X KRO 0000001300700 12/31/2010 2/31/2011 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 • LEGAL LIAR. TO PARTIC. 2:01 A.M. 2:01 A.M. $2,000,000 GENERAL AGGREGATE $ NONE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ 2,000,000 ABUSE &MOLESTATION $ 500,000 X POLICY PRO LOC JECT &M AGGREGATE $5,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ .._....... A ANY AUTO ALL OWNED SCHEDULED AUTOS X HREDSAUTOS X AUTOS NON -OWNED X 0 0000001300700 2/31/201012/31/2011 2:01 A.M. 2:01 A.M. BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peracddent $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTNE ..Lt E.L. EACH ACCIDENT $ OFFICERNEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I S If yes, descnbe under DESCRIPTION OF OPERATIONS below B EXCESS MEDICAL & ACCIDENT X PX- 00000039016 -00 2/31/201012/31/2011 EXCESS MEDICAL $10,000 ($250 DEDUCTIBLE /CLAIM) 2:01 A.M. 2:01 A.M. AD& SPECIFIC LOSS $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED. DATE & EVENT: 09/15 - 10/15/11 Bening of banner above city streets in South Miami, FL INSURED CLUB: TeamFootWorks, attn: John Huseby; 5724 Sunset Drive, South Miami, FL 33143 CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 nmmnnm m Th. Ar.nPn nano. ..A innn arc ronieforod mark. of ACr1RrT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 09/15/11 City of South Miami 6130 Sunset Drive — AUTHORIZED REPRESENTATIVE South Miami, FL 33143 John Lefever /JWE ACORD 25 (2010105) ©1988 -2010 ACORD CORPORATION. All rights reserved. INS025 nmmnnm m Th. Ar.nPn nano. ..A innn arc ronieforod mark. of ACr1RrT m vi ja INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 45201 Date: A08 2 1 1908 TEAM FOOTWORK EDUCATIONAL a FITNESS CORPORATION 5724 SUNSET DR SOUTH MIAMI, FL 33143 -5316 ° Dear Applicant: 4, DEPARTMENT OF THE TREASLj,2'Y�.s { \V Employer Identification Number: 65- 0455073 DLN: 17053213718008 Contact Person: D. A. DOWNING Contact Telephone Number: (513) 241 -5199 Our Letter Dated: November 1994 Addendum Applies: No This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. - Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 5O9(a) of the Code because you are an organization of the type described in section 509(a)(2). Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(2) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(2) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. elo%" Sincerely yours, ®� ,// A 04-* . District Director Letter 1050 (DO /CG) a001E Consumers Certificate of Exemption R. 04/05 Issued Pursuant to Chapter 212, Florida Statutes 02/17/11 OEI'AE Of REVENUE REVENUE 85- 80126003650 -4 01/31/2011 01/31/2016 501 (C)(3) ORGANIZATION This certifies that TEAM FOOTWORKS EDUCATIONAL AND FITNESS CORPORATION 5724 SUNSET DR SOUTH MIAMI FL 33143 -5316 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. Important Information for Exempt Organizations \i l/ DEPARTMENT OF REVENUE DR -14 R. 04/05 1. You must provide all vendors and suppliers with an exemption certificate before making tax - exempt purchases. See Rule 12A- 1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A- 1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850 - 487 -4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314 -6480.