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12-15-09 Item 4South Miami All- America CRY r oR o CITY OF SOUTH MIAMI 1111. 1927 P OFFICE OF THE CITY MANAGER �oaro INTER - OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members o the Ci ommission Via: Roger M. Carlton, Acting City Manager From: Thomas J. Vageline, Director Planning and Zoning Department Date: December 15, 2009 ITEM No. 14 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 ON SUNSET DRIVE TO PROMOTE THE 59TH ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 9 -10, 2010: AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT'S REQUEST The applicant, Beaux Arts, Inc., an auxiliary to the Lowe Art Museum, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5800 Sunset Drive in order to promote a the 59th Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 9 -10, 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 5800 Sunset Drive. The event is scheduled to take place on the weekend of January 9 -10, 2010. 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 which would be December 28, 2009 to January 11, 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 TJV /SAY X.•IComm Items1200M- 15- 09Wanner Approval Beaux Arts 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 ON SUNSET DRIVE TO PROMOTE THE 59TH ANNUAL BEAUX ARTS FESTIVAL SPONSORED BY THE LOWE ART MUSEUM A FUNDRAISING EVENT TO BE HELD ON THE CAMPUS OF THE UNIVERSITY OF MIAMI JANUARY 9 -10, 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, Beaux Arts, Inc. which is an auxiliary to the Lowe Art Museum, a non - profit organization, has submitted a Banner Request Application asking for approval to hang a banner over Sunset Drive at 5800 Sunset Drive in order to promote a the 591h Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 9 -10, 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 the Beaux Arts Festival of Art. 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 the Beaux Arts, Inc. which is an auxiliary to the Lowe Art Museum, a non - profit organization, asking for approval to hang a banner over Sunset Drive at 5800 Sunset Drive in order to promote a the 59th Annual Beaux Arts Festival of Art a fundraising event to be held on the campus of the University of Miami on the weekend of January 9 -10, 2010, is hereby approved for hanging during the period December 28, 2009 thru January 11, 2010. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this ATTEST: CITY CLERK , day of 32009. 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 (2) READ AND APPROVED AS TO FORM: CITY ATTORNEY XAComm Items\2009 \12 -15 -09 \Banner Beaux Arts Event Resolution.doc Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman: Commissioner Sellars: �Ll g �,�t5• -c� r �" yr" 5•� �1 ... L J � 7 ............ o j 1 9 — �i,7 Cgy OF SOIJ� t�'llA ->� ?T -, NING DFFArZ1T I�77 6130 Sunset Drive, South IY1.iami, 11133143 305- 663 -6326 Banner Request ApplieatiOD ' a events Application for the purpose of requesting approval to display banners over puic streets proed trnb as set forth in prdinance No. 10 -07 -1911; LDC Section 20-4.3 (N) Dame of Not for Profl^ A � � L � { .. � � � u --•. � �+ � � `' � � `''''''� C)rganiaation a X Address of .� .- ..Lj j e9 ®rganization cam: t � �.. Contact Person C Phone Title Briefly describe event for which you wish to display a 13aiiner in South Miami- C1AL) ✓✓ a �`-' e� ,vent date(s) �. " ` ct 1 Z to Dates- banner to be dig slayed L z t= — Loca'don(s). C, ed by the city to A fee of er banner is required to cover cost incurr Prang an remove the banner. Check j S -� Received by l AT�.ACffiYEN'S �Q; Proof of Insurance Recd Banner Design (includinb wording} Recd — 7 > Banners will be displayed 10 -14 days before the advertised event tabs place; banners will be removed by the City after the end of the special event. Fanner Specifications — 30 Feet Iona X 3 -d Feet Wide, 60 Feet of % nylon rope with hooks and the banner must have vents _�_��___ -- - -_ — ..-- _---------------- -- - - -- Date City Commission Approval Resolution NO- Date City Manager roval Y Comrrussion) (To be signed by City Manage: fallowin g o PP b City VC E 'T "A, apm I - CL Lo ® e� .. r— .. ACORDM CERTIFICATE OF LIABILITY INSURANCE ' DATE ( M 12/0 77 /D/22009 009) PRODUCER (11)5) 558 -1101 FAX (305) 822 -4722 Keen Battle Mead & Company 7850 Northwest 146 Street Suite 200 Miami Lakes, FL 33016 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Beaux Arts of the Lowe Art Museum 1301 Stanford Drive Coral Gables, FL 33124-6310 - INSURERA: Great American Assurance Co 01012 INSURER B: ' LIMITS INSURER C: INSURER D: _ PACO279991600 INSURER E: 03/10/2010 COVERAGES 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 ADD'L TYPE INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY _ PACO279991600 04/09/2009 03/10/2010 EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED $ 300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR MED EXP (Any one person) $ 51000 PERSONAL &ADV INJURY $ 1,000,000 A GENERAL AGGREGATE $ unlimited GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO .LOC JECT PRODUCTS - COMP /OP AGG $ 5,000,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY, (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY - AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE - $ $ RETENTION $ WORKERS COMPENSATION AND WC STATU- I JOTH- IQEY LIMITS I ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYE $ OFFICER /MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of South Miami Attn: Sandy Youkilis 6130 Sunset Drive South Miami, FL 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Patrick Battle, CI ACORD 25 (2001/08) © ACORD CORPORATION 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. ,I It t� i ACORD 25 (2001108). .. OTHER RE GULATIONS 20 -4.3 (N) Banners over Rights -of -Way. (1) Organizations wishing to display a banrLer over rights -of -sway 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 acid will determine whether the request confdzms'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 afL'er the end of the special evens. (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 organize-tioii 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 ..city' to .:ham 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 (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- 1.533, 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 -1683, §§ 2, 3, 5 -4 -99; Ord, No. 22 -01 -1753, § 1, 10 -2 -01; Ord. No. 10 -07 -1911, § 1, 5 -1 -07) 0 0 N 1 O 1 H E� W r 1 O O H !� � W U Z F+ E-� U i-•i cCi i�. G� bA � O O O � V') oo O M O co O .--� V1 .q l� N N 00 00 \0 00 110 00 N. G1 N N o U oo O N n �. 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