3CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile Ph.D . Cpit~y Mrana er!-f
From : Christopher Brimo, AI
Planning Director ITEMNO.~ Date: November 7,2012
Subject:
A Resolution concerning an application pursuant to Land Development Code
Section 20-4.3(N), requesting approval to permit the installation of a banner over
the public right-of-way at 5800 Sunset Drive to promote an event titled "The 62 nd
Annual Beaux Arts Festival of Art," held by the Lowe Art Museum on January 19
through January 20, 2013.
APPLICANT'S REQUEST
Beaux Arts, a non-profit organization, submitted a Banner Request Application,
requesting approval to install a banner over Sunset Drive to promote the event "62nd
Annual Beaux Arts Festival of Art". This art festival that will be held at the Lowe Art
Museum at 1301 Stanford Drive Coral Gables, January 19th through January 20, 2013.
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-ol-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.
2001
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.
The applicant submitted their request In August and requested that the proposed banner
be placed over Sunset Drive at 5800 Sunset Drive between the dates of January 7, 2013
through January 21 2013. This display time period is twelve (10) days before the
advertised event is scheduled to take place. Please note that the Public Works department
typically hangs banners on Wednesday. Therefore, the proposed banner will not be hung
until Wednesday, January 9, 2013, and will not be removed until Wednesday, January 23,
2013. The proposed banner will have a revised display time period of ten (10) days
before the advertised event is scheduled to take place, which is still in compliance with
the regulations listed above.
RECOMMENDATION
Staff recommends that the Commission approve the banner request application for the
display time period of January 7, 2013 through January 23, 2013, for a total of ten (10)
days prior to the event.
Backup Documentation:
• Draft Resolution
• Banner Request Application, submitted on August 30, 2012
• Fee Schedule, Part 2 of 4, dated August 30, 2012
• Banner Design -Exhibit "A"
• Insurance Certificate
• Non-Profit Certificate
Z:\Commission Jtems\2012\11-7-12\8eaux Arts Festival Banner Request\Beaux Arts Banner Request_ CM Report 11-07-2012.doc
1 RESOLUTION NO. ____ _
2
3 A Resolution related to an application pursuant to Land Development Code
4 Section 20-4.3(N), requesting approval to permit the installation of a banner
5 over the public right-of-way at 5800 Sunset Drive to promote an event titled
6 "The 62 nd Annual Beaux Arts Festival of Art," held by the Lowe Art
7 Museum on January 19 through January 20, 2013.
8
9 WHEREAS, pursuant to Land Development Code Section 20-4.3 (N) "Banners over
10 rights-of way", all non-profit organizations proposing to display a special event banner over a
11 City street must submit a Banner Request Application; and
12
13 WHEREAS, the applicant, Lowe Art Museum, a non-profit organization, submitted
14 a Banner Request Application asking for approval to hang a banner over Sunset Drive to
15 promote the event titled "The 62 nd Annual Beaux Arts Festival of Art", an event to be held at the
16 Lowe Art Museum located at 1301 Stanford Drive between January 19 through January 20,
17 2013.
18
19 WHEREAS, the submitted application contains the required insurance statement,
20 non-profit certificate, banner design document, and fee; and
21
22 WHEREAS, the Mayor and City Commission of the City of South Miami desire to
23 support the Lowe Art Museum event.
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
27
28 Section 1. The request submitted by the Lowe Art Museum, a non-profit organization,
29 for approval to hang a banner (Exhibit "A") over Sunset Drive at 5800 Sunset Drive, to promote
30 the event titled "The 62 nd Annual Beaux Arts Festival of Art", an event to be held at the Lowe
31 Art Museum located at 1301 Stanford Drive between January 19 through January 20,2013 is
32 hereby approved during the following period: January 9, 2013 through January 21,2013.
33
34 Section 2. This resolution shall be effective immediately upon being approved.
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PASSED AND ADOPTED this __ , day of ___ , 2012.
ATTEST: APPROVED:
CITY CLERK MAYOR
1
2
3
4
5
6
7
8
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
'" a~ ~'2 \~. " • REC ~t=f!;~' .:<""(.'" :0'''''.
. oo~ ;. .
AUG 3 0 20;2
Planning an: .. '_ .Ining
Depa.rLJl nt CITY OF SOUTH MIAMI
PLAl'I~ING and ZONING DEPARTMENT
6130 Sunset Drive, South Miami, Fl33143
305-663-6326
Banner Request App~ication
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 j2zZA;\L)L Jt;b--T ~ --tta-<....-n \l A L-2)r A:. (L;\
Address of A-
Organization _~,---vJ_...e..--___ ~-=-_....:..M-,-~_· -=-...... K=tv1'---4-_____ _
l ~ I s~.f?v c:l D v.
Contact Person _Ca.....,.,,:::..L..:.v.....:v'-'..:...:~e--=:....-_~:..... ~-=-..J.k~=-___________ _
Title A J . CVLa-\ V
Bliefly describe event for which you wish to display a banner in South Miami.
Event date(s) ~'-'\-tJ \ q ,-ZJ) I Z-V l3>
I
Location(s) _O_.;"..H _______ _
Dates banner to be displayed ~a.V\ I Z1 to ____________ _
A fee of $300 per banner is required to cover cost incurred by the City to hang and remove
the banner~
Received by M (l.y CMJ L ~ \, \ fll!'-Check # 1591-
ATTACHMENTS REQUIRED: Proof of Insurance ReC)dl:
Banner Design (induding wording) Rec'd
Proof of current Non-Profit 'Corp. Status Rec'd
• Banners will be displayed 10-14 days before the advertised event takes pla-ce; banners 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 Yz inch nylon rope with hooks
and the banner must have vents.
• Banner drop-offlpick-up locati-on is at the City's Public Works D€pt. 4795 SW 75 Avenue.
The applicant shall agree to pick up the banner(s) within five (.5) husiness days after the
event, otherwise the banner(s) will be ulSposed of by the City.
City Commission Approval Resolution N 0, _______________ Date ______ _
Date -------
City Manager (To be signed by City Manager following approval by City Commission)
Rev. 212012012 P:.iFommPB-Banna Applicatiorwioc
Part 2 of4
City of South Miami, Florida
PLANNING AND ZONING DEPARTMENT
APPLICATION, MISCELLANEOUS AND DOCUMENT FEES
DATE:~~ ____ ~~~~ __ _ CHECK NO: ---->.....::....-1---->..---1------------
NAJdE:~~7 ~~~~~~n-~~ ______________________________________ _
ADDRESS:
03.41.300
03.41.300
03.41.300
03.41.300 -
03.41.300
03.41.300
03.41.300
03.41.400
03.41.400
03.69.920
PHONE NO:
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) ____________ _
01 51 Issuance; Renewals: 0 2 nd 0 3rd
BANNER OVER PUBLIC STREET ........................................ ($300) S'3 00
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) ___________ _
TREE REMOVAL PERMIT
($75 for fIrst tree, $35 for each additional tree) ..................................... .
WAIVER OF RIGHT-OF-WAY IMPROVEMENTS................ ($1,500) _________ _
PERMANENT GENERATOR APPLICATION ........................ ($100)
MICROFILM / IMAGING
REQUEST FOR MICROFILM / IMAGING RESEARCH ....... ($100)
MICROFILM / IMAGING ReaderIPrinter copies ....... ($12 each image)
LDC, COMP PLAN & ALL PHOTOCOPIES
($ 0.15 per single-side copy; $ 0.30 per double-sided copy)
GRAND TOTAL \~ DO
X:\Fonns\Receipt fonns\RECEIPT FORM Part II 1-4-ll.doc
Ordinance No.04-11-2077 adopted 1-4-11
White copy to Planning; Pink copy to Customer; Yellow copy to Finance
ENDORSEMENT
National Casualty Company NO . 0000
A"ACHED TO AND IINDClARMI!NT I!I'I'ECTM! DAlE fORlllNIi A 'ART OF NAMeD INSURED AIIENT NCI.
POLICY NUll/lEA (11:G1 A.II. ITANDARD T.EI
KKOOOOOO01655100 03110/11 BEAUX ARTS OF THE LOWE (SEE KR-SP-1)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
The following is a summary of the Limits of Insurance and coverage provided by this endorsement. These coverages
apply separately to each of your premises described In the Declarations.
If you purchase additional limits for any of these coverages at a speCified location, the limits shown below will apply In
excess of the insurance purchased separately. We will not pay more under this endorsement than the Limits of Insur·
ance shown below under the Summary of Additional Coverages .
SUmmary of Additional Cover ••
LIMITS OF INSURANCE SUBJECTS OF INSURANCE
$ 300,000 per occurrence Damage to Premises Rented to You
$ 25,000 Emergency Real Estate Consultant Fee
$ 25,000 Identity Theft Exposure
$ 50,000 Key Individual Replacement Cost
$ 2,500 Lease Cancellation Moving Expense
$ 2,500 Supplementary Payments-Bail Bonds
$ 500 per day Supplementary Payments-Loss of Earnings
$ 25,000 Temporary Meeting Space
$ 25,000 Terrorism Travel Reimbursement
$ 25,000 Workplace Violence Counseling
I. The Commercial General Liability Coverage Part is
amended as follows:
A. The following raplaces SECTION I-COVER·
AGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2. Excl ....
alona, •. :
a. Expected or Intended InJury
YBodily injury" or "property damage" ex-
pected or intended from the standpoint of
the insured. Thll exclusion does not apply
to
"bodily injury" or "property damage resulting
from the use of relsonable force to protect
persons or property.
KR-GL-11S (10..08)
B. The following replaces SECTION J-COVER·
AGES, COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2. Exclu-
elon., (1.(2):
(2) A watercraft you do not own that Is:
(al less than flfty-elght (58) feet long;
and
(b) Not being used to carry persons or
property for a charge;
C. The following replaces SECTION !--cOVER-
AGE', COVERAGE B PERSONAL AND
ADVERTISING INJURY LlABILrTY, 2. bel ....
.Ion., b. and c.:
Beaux Arts of the Lowe Arts Museum Policy #KK00000001655100
b. Material Published With Knowledge of Fal-
sity
"Personal and advertising injury" arising out
of publication of material, including, but not
limited to, oral, written, televised, video-
taped or electronically transmitted publica-
tion of material, if done at the direction of
the insured with knowledge of Its falsity;
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out
of publication of material, including, but not
limited to, oral, written, televised, video-
taped or electronically transmitted publica-
tion of material, whose first publication took
place before the beginning of the policy pe-
riod;
D. The following replaces SUPPLEMENTARY
PAY-MENTS-COVERAGES A. and B., 1.b.
and d.:
b. Up to $2,500 for the cost of bail bonds re-
quired because of accidents or traffic law
violations arising out of the use of any vehi-
cle to which the Bodily Injury Liability Cov-
erage applies. We do not have to furnish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the In-
vestigation or defense of the claim or "suit,"
including actual loss of earnings up to $500
a day because of time off from work.
E. The following replaces SECTION II-WHO IS
AN INSURED, 408.:
s. Coverage under this provision is afforded
only until the one hundred eightieth (180 1h)
day after you acquire or form the organiza-
tion or the end of the policy period, which-
ever is earlier.
F. The following are added 10 SECTION rv-
COMMERCIAL QENERAL LIABILITY CONDI-
TIONS,2.
Duties In The Event of Occurrence, Off .... ,
ClaIm or Suit:
e. Knowledge of the "occurrence,· offense,
claim or "suit" by the agent, servant, or
"employee" of an insured shall not in itself
constitute your knowledge unless one of
your officers, manager or partners has re-
ceived notice of the "occurrence,· offense,
claim or "suit."
f. Failure by the agent, servant or "employee"
at an insured (other than an oHice" man·
ager or partner) to notify us of an "occur-
KR-GL-115 (10-09) Page 2 014
renee" shall not constitute a failure to
comply with Items s. and b. of this condi-
tion.
G. The following are added to SECTION IV-
COM-MERCIAL GENERAL LIABILITY CON-
DITIONS:
10. Unlnt.ntionsl Error or Omission
Any unintentional error or omission in the
description of or failure to completely de-
scribe, any premises or operations intended
to be covered by this Coverage Part will not
Invalidate or affect coverage for those
premises or operations. However, you must
report such error or omission to us as soon
as practicable after its discovery.
11. Walnr 01 Right 01 RMovery
We waive all rights of recovery when you
have agreed to waive your rights of recov-
ery when required by a written contract.
However, this provision only applies if the
written contract was executed prior to the
date of the "occurrence,"
H. The following replaces SECTION V-DEFINI-
TIONS, 3. and 14:
3. "Bodily Injury" means bodily injury, sickness
or disease sustained by a person. This in-
cludes mental anguish, mental Injury,
shock, fright, humiliation, emotional distress
or death resulting from bodily injury, sick-
ness or disease.
14. "Personal and advertising injury" means In-
jury, including consequential "bodily injury,"
arising out of one or more of the following
offenses:
s. False arrest, detention or Imprisonment;
b. Malicious prosecution or abuse of
process;
c. The wrongful eviction from, wrongful
entry into, or invasion of the right of pri-
vate occupancy of a room, dwelling or
premises that a person occupies, com-
mitted by or on behalf of Its owner,
landlord or lessor;
d. Any publication of material including,
but not limited to oral, written, televised,
videotaped or electronically transmitted
publication 01 material that slanders or
libels a parson or organization or dis-
parages a person's or organization's
goods, products or services;
e. Any publication of material, including
but not limited to oral, written, televised,
II Consumerls Certificate of Exemption II
Issued Pursuant to Chapter 212, Florida Statutes
85-8012666802C-0 06130/2012
CfilrliflC'.ata Number Effective Date
This certifies that
BEAUX ARTS OF THE LOWE ART MUSEUM OF
THE UNIVERSITY OF MIAMI INC
1301 STANFORD DR
CORAL GABLES FL 33146-2005
06130/2017
Expiration Date
is exempt from the payment of Florida sales and use tax on real property rented, transient
personal p'roperty purchased or rented, or services purchased.
Important Information for Exempt Organizations I
DR-14
R.04/11
DR-14
A. Q4/11
1. You must provide all vendors ar)d suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Rorida Administrative Code (F.A.C.).
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 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: Church.es are exempt from this
requirement except when they are the lessor of real property (Rule 12A-1.070,. F.A.C.).
5. It is a criminal offense to fral:ldulently 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 convi~ion of a third-degree
felony. Any violation will require the revocation of this certificate.
6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account
Management at 800-352-3671. From the available options, select "Registration of Taxes," then "Registration
Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480,
Tallahassee, FL 32314-6480. '.