12-15-09 Item 6South Miami
oftefta C"
CITY OF SOUTH MIAMI ' r
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members o the C' Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: December 15, 2009 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 AT 5880 SUNSET DRIVE TO
PROMOTE THE 4th ANNUAL INTERNATIONAL CHOCOLATE FESTIVAL
A FUNDRAISING EVENT SPONSORED BY FAIRCHILD TROPICAL
BOTANIC GARDEN TO BE HELD AT THE GARDEN ON JANUARY 22 -24
2010: AND 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 at 5880 Sunset Drive in order to promote the 4th Annual International
Chocolate Festival, a fundraising event to be held at the Garden on the weekend of
January 22 -24, 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 5880 Sunset
Drive. The event is scheduled to take place on the weekend of January 22 -24, 2010.
Attached is a copy of the application, the banner design and an insurance certificate. The
adopted ordinance limits the display period for a banner to a maximum of 14 days prior
to the event. The banner will be displayed January 8 -22, 2010.
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 2009
X: (Comm Items1200M- 15- 091Banner Approval Fairchild Chocolate Event CM Report.doc
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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 AT 5880 SUNSET DRIVE TO PROMOTE THE 4TH ANNUAL
INTERNATIONAL CHOCOLATE FESTIVAL A FUNDRAISING EVENT SPONSORED
BY FAIRCHILD TROPICAL BOTANIC GARDEN TO BE HELD AT THE GARDEN ON
JANUARY 22-24,2010: 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, 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 the 4th Annual International Chocolate
Festival, a fundraising event to be held at the Garden during the weekend of January 22 -24, 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 Fairchild Tropical Botanic Garden.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the application submitted by Fairchild Tropical Botanic Garden, a non-
profit organization, requesting approval to hang a banner over Sunset Drive at 5800 Sunset Drive
in order to promote the 4th Annual International Chocolate Festival, a fundraising event to be held
at the Garden during the weekend of January 22 -24, 2010 is hereby approved for hanging during
the period January 8 -22, 2010.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
, day of 52009.
APPROVED:
MAYOR
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(2)
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
XAComm Items\2009 \12 -15 -09 \Banner Fairchild Chocolate Event Resolution.doc
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
�i
CITY OF SOUTH MIAMI
PLANNING DEPA.R.TMENT
.6130 Sunset Drive, South Miami, Fl 33143
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 204.3(N) Attached
Name of Not forProfit n
,� -�an� c °ro�r�e
Organization aCI chi V�ACa� ��
Address of lock �i� 1 d► CU-��y pla
Organizati on
L 33 156
C, o b1e5
Contact Person
Title �Qy�e�:IRa —pvoa, •�qnp�� hone
Briefly describe event for which you wish to display a banner in South Miami.
._p,j�� FuvdY a �dv Cl.i:,rekcld`S 0 -1\ os.d
1I _wnw J.. �. rt�►AA �f��Y 4%Y� _ �. ...- /1_ _ 1
Event date(s)
Dates banner to be displayed �wn� -�y g to �nuo�_v�ZZ
$30C) A fee of $X0 per banners required to cover cost incurred by the city to hang and remove
the banner. Check
Received by
ATTACHMENTS RE D: Proof of Insurance Recd
Banner Design (including wording) 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 %: 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 foliowing approval by City Commission)
ly
Z`-ti 20 1C
1Lgcc r! max',
iCIF�%� ;k"i'
ACORD, CERTIFICATE OF LIABILITY INSURANCE
DATE (MM /DD/YYYY)
12/07/09
PRODUCER 1- 305 -592 -6080
Arthur J. Gallagher Risk Management Services, Inc.
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
W.
82 00 N.W. 41st Street
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POLICY NUMBER
POLICYEFFECTIVE
DATE MM DD
Suite
Miami, FL 33166
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A: vigilant Insurance CO.
03/01/09
Fairchild Tropical Botanic Garden
EACH OCCURRENCE
$1,000',000
-
INSURERB:
INSURER C:
X COMMERCIAL GENERAL LIABILITY
10901 Old Cutler Rd.
INSURER D:
[INSURER
Coral Gables, FL 33156
E:
rnvcoAnC0
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
ADD'L
IN SR
POLICY NUMBER
POLICYEFFECTIVE
DATE MM DD
POLICYEXPIRATION
ATE MM DD
LIMITS
A
X
GENERAL LIABILITY
35367194
03/01/09
03/01/10
EACH OCCURRENCE
$1,000',000
DAMAGE TO RENTED
IRE MIS ESE a occurence
$1,000,000
X COMMERCIAL GENERAL LIABILITY
MED EXP(Any one person)
$1,000
CLAIMS MADE aOCCUR
PERSONAL &ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMPIOPAGG
$2,000,000
O
POLICY jE O X LOC
AUTOMOBILE
LIABILITY
ANYAUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTYDAMAGE -
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
$
OTHERTHAN EA ACC
$
ANYAUTO
$
AUTOONLY: AGG
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION � $
- O
STATI U TH-
WORKERS COMPENSATION AND
TO YLIMWC
S ER
E.L. EACH ACCIDENT
$
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. DISEASE - EA EMPLOYEEI
$
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE - POLICY LIMIT 1
$
If yes, describe under
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
Re: The 4th Annual Chocolate Festival, banner to be displayed from 01/08/10- 01 /22/09 @ 5800 Sunset Drive,
South Miami,FL.
CERTIFICATE HOLUEK GANUELLA I IUN
City of South Miami Planning Department
6130 Sunset Drive
South Miami, FL 33143
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN
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
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001108) BETLAZ (VAGUKU L vmrummi Ivry tzloo
13755685
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.
AI:UKU ZS (ZUU9 /Ut5)
01PI3ER REGULATIONS
20 -4.3
(N) Banners over Rights -of Way.
(1) Organizations wishing to display a banner over rights -of -way in the City of South
l iami 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,.proposed location and wording must be approved by
the city commission, and must be submitted along with request.
(3) The organizatioin 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 att --,al. `_r, s -I.nctzTed :by_ -;ice- : �'ty to �'an. .. ._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 eati ies 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 -1683, §§ 2, 3, 5 -4 -99; Ord, No. 22 -01 -1753, § 1, I0-2 -01; Ord. No.
10 -07 -1911, § 1, 5 -1 -07)
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