2003-25156 Reso
RESOLUTION NO.
2003-25156
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING IN
CONCEPT A GRANT FROM THE CITY TO THE
WOLFSON IAN-FlU IN AN AMOUNT NOT TO EXCEED
$176,000 FOR THE DEVELOPMENT OF A MUSEUM
SHOP/CAFE ON WASHINGTON AVENUE; AND
APPROPRIATING $176,000 FROM CONVENTION
DEVELOPMENT TAX FUNDS; AND DELEGATING
AUTHORITY TO THE CITY MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE WOLFSON IAN-FlU,
PROVIDED THE TERMS OF SUCH ARE SATISFACTORY
TO THE CITY MANAGER AND CITY ATTORNEY'S OFFICE
WHEREAS, the Wolfsonian-FIU is seeking City support for a project that involves
the creation of an approximately 2,500 square foot museum shop/cafe, and the dedication
of another 800 square feet as an educational center; and
WHEREAS, the Museum has raised funds and obtained commitments for
approximately $1,312,000 of the approximate $1.488,000 budget necessary in order to
complete this project; and
WHEREAS, the Wolfsonian-FIU is requesting from the City, in the form of a grant,
funding to aid the completion of this project; and
WHEREAS, the Wolfsonian-FIU originally requested a grant of $500,000 to provide
cash flow for the project because the timing of funds requested on an Economic
Development Initiative (EDI) grant of $360,000 was uncertain; and
WHEREAS, under this approach the City would have been reimbursed $324,000
when the EDI grant was received; and
WHEREAS, the Wolfsonian has now received the EDI grant and has reduced the
amount of the request to $176,000; and
WHEREAS, the Administration recommends that if assistance is granted, it should
not exceed $176,000; and
WHEREAS, in return, the Wolfsonian-FIU will agree to provide the City non-
exclusive use of the parking lot of the Miami Beach Women's Club (the "Women's Club) for
the next five (5) years as a means for alleviating parking congestion in the South Beach
area; and
WHEREAS, additionally, the Wolfsonian will provide admission at no charge to City
residents and will relocate the Bridge tender's house to Lincoln Road to be used as a
location for tickets and marketing of cultural events; and
WHEREAS, a meeting with residents in the area was held on February 24, 2003
and it was agreed that the Women's Club lot would be metered to allow public parking for
guests to the area and would therefore allow residents with decals to avail themselves of
all on-street parking; and
WHEREAS, the cost of the meters would be advanced by the Parking Department
and would be reimbursed from the proceeds of the metered parking; and
WHEREAS, the Wolfsonian has requested to share in the proceeds after all the
City's costs have been reimbursed; and
WHEREAS, the Wolfsonian-FIU is a museum located in the heart of historic Miami
Beach and an institution that gives the City of Miami Beach nationwide recognition; and
WHEREAS, the museum is in need of creating additional space for their programs;
and
WHEREAS, education programs presently take place in the loading dock orthe rear
parking lot, as the museum has no space to accommodate K-12 and family programs; and
WHEREAS, the proposed project will relocate the museum shop to the adjacent
one-story space and would create a pedestrian friendly entrance to the museum and
provide ground floor space to exhibit large artifacts; and
WHEREAS, the total cost of the project, including in kind services, is estimated at
$1,488,000; and
WHEREAS, the new space will also have a multimedia wall that is visible from the
street and the existing shop will become an education center; and
WHEREAS, the Wolfsonian-FIU has funds raised or committed, in cash and
services, equaling $1,312,000 for this project; and
WHEREAS, the Museum has been approved for an EDI grant of approximately
$324,000; and
WHEREAS, the Museum has approximately 9/10 of the approximately $1 ,500,000
budget necessary in order to complete this project; and
WHEREAS, the Wolfsonian-FIU is requesting $176,000 from the City of Miami
Beach in the form of a Grant to assist with the cash flow necessary to fund the project; and
WHEREAS, the Wolfsonian-FIU has agreed that only the portion which is needed
for the project would be used from the proposed City of Miami Beach $176,000 Grant and
the remaining unused funds would be returned to the City; and
WHEREAS, this initiative was discussed at the November 25,2002 Finance and
Citywide Projects Committee; and
WHEREAS, the Committee recommended that the City enter into an Intertocal
Agreement with the Wolfsonian-FIU in which they would be awarded a grant for their
renovation project encompassing the following criteria: requiring that the scope of said
project not be reduced; requiring an effort by the Wolfsonian-FIU to pursue other sources
of funding, including Community Development Block Grants (CDBG), Economic
Development Initiative Grants (EDI), and similar types of available funding; requiring the
Wolfsonian-FIU to return advanced funds back to the City of Miami Beach if the Museum is
successful in obtaining additional funding for the project, including CDBG and EDI dollars;
requiring the Wolfsonian-FIU to return any unused advanced funds if said project is
completed under budget; instructing Administration to include provisions for public benefit
issues to include the City's exclusive use of the parking lot located at the Miami Beach
Women's Club for the next five (5) years and free admission to the Museum for Miami
Beach Residents; and
WHEREAS, the administration recommends approving, in concept, a grant from the
City to the Wolfsonian-FIU in an amount not to exceed $176,000 for the development of a
museum shop/cafe on Washington Avenue subject to the availability of funds and the
recommendations made at the Finance and Citywide Projects Committee Meeting of
November 25, 2002.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve a Resolution approving a grant from the City to the Wolfsonian-FIU in
an amount not to exceed $176,000 for the development of a museum shop/cafe on
Washington Avenue; and appropriating $176,000 from Convention Development Tax
funds; and delegating authority to the City Manager to enter into an Interlocal agreement
with the Wolfsonian-FIU, provided the terms of such are satisfactory to the City Manager
and City Attorney's Office.
PASSED and ADOPTED this 19th
,2003.
ATTEST:
~~ PCU~
CITY CLERK
T:\AGENDA\2003\MARCH19\CONSENnWOLFSONIAN
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
-
Condensed Title:
Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A Grant
From The City To The Wolfsonian-FIU In An Amount Not To Exceed $176,000 For The Development Of A
Museum Shop/Cafe On Washington Avenue; And Appropriating $176,000 From Convention Development
Tax Funds; And Delegating Authority To The City Manager To Enter Into An Interlocal Agreement With The
Wolfsonian-FIU, Provided The Terms Of Such Are Satisfactory To The City Manager And City Attorney's
Office
Issue:
Should the City adopt a Resolution approving in concept a grant from the City to the Wolfsonian-FIU in an
amount not to exceed $176,000 for the development of a Museum Shop/Cafe on Washington Avenue.
Item Summary/Recommendation:
The Wolfsonian-FIU is seeking City support for a project that involves the creation of an approximately
2,500 square foot museum shop/cafe, and the dedication of another 800 square feet as an educational
center. Presently, the Museum has raised funds and obtained commitments for approximately $1 ,312,000
of the approximate $1 ,488,000 budget necessary in order to complete this project. The Wolfsonian-FIU is
requesting from the City, in the form of a grant, funding to aid the completion of this project. In return, the
Wolfsonian-FIU has agreed to provide the following public benefits:
1) Will provide the City non-exclusive use of the parking lot of the Miami Beach Women's
Club (the "Women's Clubj for the next five (5) years to help alleviate parking
congestion in the South Beach area.
2) Will provide admission to the Museum at no charge to City residents., and
3) Will relocate the Bridge tender's house to Lincoln Road to be used as a location for
tickets and marketing of cultural events programs.
Originally the Wolfsonian-FIU requested a grant of $500,000. This amount was to provide cash flow for the
project because the timing of funds requested on an Economic Development Initiative (ED I) grant of
$360,000 was uncertain. Under this approach the City would have been reimbursed $360,000 when it was
received. The Wolfsonian has now received the EDI grant and has reduced the amount of the request to
$176,000.
The administration recommends the approval a grant from the City to the Wolfsonian-FIU in an amount not
to exceed $176,000 for the development of a museum shop/cafe on Washington Avenue subject to the
availability of funds and the recommendations made at the Finance and Citywide Projects Committee
Meetino of November 25, 2002.
Adviso Board Recommendation:
The Finance and Citywide Projects Committee on November 25,2002 recommended approving the grant
in the form of an interlocal a reement with the Wolfsonian-FIU.
Financial Information:
Amount
$176,000
Account
Convention Develo ment Tax
Approved
1
2
3
Total
Ci Clerk's Office Le islative Trackin
Patricia D. Walker
AGENDA ITEM
DATE
R.7F
3--19~C) .3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
Subject:
Mayor David Dermer and Date: March 19, 2003
Members of the City Commission
Jorge M. Gonzalez \ . ~
City Manager 0 r 0
RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING A GRANT FROM THE CITY TO THE WOLFSONIAN-FIU
IN AN AMOUNT NOT TO EXCEED $176,000 FOR THE DEVELOPMENT OF A MUSEUM
SHOP/CAFE ON WASHINGTON AVENUE; AND APPROPRIATING $176,000 FROM
CONVENTION DEVELOPMENT TAX FUNDS; AND DELEGATING AUTHORITY TO THE
CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE
WOLFSONIAN-FIU, PROVIDED THE TERMS OF SUCH ARE SATISFACTORY TO THE
CITY MANAGER AND CITY ATTORNEY'S OFFICE
To:
From:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Wolfson ian-FlU has requested City support in the form of a grant, for a project that
involves the creation of an approximately 2,500 square foot museum shop/cafe (the
Dynamo Cafe), and the dedication of another 800 square feet as an educational center.
Presently, the Museum has raised funds and obtained commitments for approximately
$1 ,312,000 (which includes an Economic Development Initiative (EDI) grant of $324,000)
of the approximate $1,488,000 budget necessary in order to complete this project.
In return, the Wolfsonian-FIU has agreed to provide the following public benefits:
1) Will provide the City non-exclusive use of the parking lot of the Miami Beach
Women's Club (the "Women's Club") for the next five (5) years to help alleviate
parking congestion in the South Beach area.
2) Will provide admission to the Museum at no charge to City residents., and
3) Will relocate the Bridge Tender's House to Lincoln Road to be used as a
location for tickets and marketing of cultural event programs.
In regard to the use of the Women's Club parking lot, a meeting with residents from the
area was held on February 24, 2003 and it was agreed that the Women's Club lot would be
metered to allow public parking for guests to the area and would therefore allow residents
with decals to avail themselves of all on-street parking. The cost of the meters would be
advanced by the Parking Department and would be reimbursed from the proceeds of the
metered parking along with the related cost of operations. The Wolfsonian has requested
to share in the proceeds after all the City's costs have been reimbursed.
Following conceptual approval by the Mayor and City Commission, the Wolfsonian-FIU will
prepare an Interlocal Agreement which will incorporate the aforementioned conditions.
BACKGROUND
The Wolfsonian-FIU is a museum located in the heart of historic Miami Beach and an
institution that gives the City of Miami Beach nationwide recognition. The Wolfsonian-FIU
has requested City support for a project (the Dynamo Cafe) that involves the creation of an
approximately 2,500 square foot museum shop/cafe, and the dedication of another 800
square feet as an education center. The museum is in need of creating additional space for
their programs. Presently education programs take place in the loading dock or the rear
parking lot, as the museum has no space to accommodate K-12 and family programs. The
proposed project will relocate the museum shop to the adjacent one-story space. It would
create a pedestrian friendly entrance to the museum and provide ground floor space to
exhibit large artifacts. The new space will also have a multimedia wall that is visible from the
street and the existing shop will become an education center.
The total cost of the project, including in kind services, is estimated at $1,488,000. The
Wolfsonian-FIU has funds raised or committed, in cash and services, of approximately
$1,312,000 which includes the proceeds of an EDI grant of $324,000 for this project.
Originally the Wolfsonian-FIU requested a grant from the City of $500,000. This amount
was to provide cash flow for the project because the timing of funds requested on an EDI
grant of $360,000 was uncertain. Under this approach the City would have been
reimbursed $360,000 from the EDI grant when it was received. The Wolfsonian has now
received the EDI grant and has reduced the amount of the request to $176,000.
This initiative was discussed at the November 25, 2002 Finance and Citywide Projects
Committee. The Committee recommended that the City enter into an Interlocal Agreement
with the Wolfsonian-FI U in which they would be awarded a grant for their renovation project
encompassing the following criteria: requiring that the scope of said project not be reduced;
requiring an effort by the Wolfsonian-FIU to pursue other sources of funding, including
Community Development Block Grants (CDBG), Economic Development Initiative Grants
(EDI), and similar types of available funding; requiring the Wolfsonian-FIU to return
advanced funds back to the City of Miami Beach if the Museum is successful in obtaining
additional funding for the project, including CDBG and EDI dollars; requiring the
Wolfsonian-FIU to return any unused advanced funds if said project is completed under
budget; instructing Administration to include provisions for public benefit issues to include
the City's exclusive use of the parking lot located at the Miami Beach Women's Club for the
next five (5) years and free admission to the Museum for Miami Beach Residents.
JMG/PDW/mim
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GRANT AGREEMENT
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This Grant Agreement (this" Agreement") is entered into this J!l day of April, 2004, by and
between the CITY OF MIAMI BEACH, a Florida rnunicipal corporation, having its principal office
at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City",
WOLFSONIAN, INC., a Florida not-for-profit corporation, hereinafter referred to as "W olfsonian",
and THE FLORIDA INTERNATIONAL UNNERSITY BOARD OF TRUSTEES, for the benefit of
THE WOLFSONIAN-FIU, whose address is 1001 Washington Avenue, Miami Beach, FL 33139,
hereinafter referred to as the "Grantee".
WITNESSETH:
WHEREAS, Grantee has requested support from City, in the form of a grant, for a project
that involves the creation of an approximately 2500 sq. ft. museum shop/cafe and the dedication of
another 800 sq. ft. as an educational center at The Wolfsonian-FIU Museum located at 1001
Washington Avenue, Miami Beach, Florida (the "Project");
WHEREAS, the total cost of the Project, including in-kind services, is estimated to be
$1,488,000, as set forth in the Project Budget, attached as Exhibit "A" hereto ("Project Budget");
WHEREAS, Grantee has raised funds or committed, in cash and in-kind services, the sum of
approximately $988,000;
WHEREAS, Grantee has also received an Economic Development Initiative (ED!) grant
from the U.S, Dept. of Housing and Urban Developrnent (HUD) in the amount of $324,000 for the
Project; and
WHEREAS, Grantee has requested, and the City has agreed, to provide Grantee with
additional grant funds, in accordance with the terms and conditions of this Agreement, in an amount
not to exceed $176,000 (the "Grant").
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: USE OF GRANT FUNDS
The Grantee shall use the Grant funds, in the amount of $176,000, solely for the following
purposes, as set forth in the Project description below:
. Creation of an approximately 2500 sq. ft. museum shop/cafe
. Dedication of an additional 800 sq. ft. as an education center
The Grant funds, in the amount set forth above, are based upon the proposed Project Budget
(Exhibit A, attached).
Grantee agrees that in the event the Project is completed for less than the budgeted amount as
reflected in the attached Project Budget (excluding, for purposes of this calculation, the amount set
forth in the Project Budget for "in kind services"), then the amount of the Grant funds shall be
1
reduced in an amount proportionate to the reduction in the final Project Budget, and such
proportionate amount of remaining Grant funds shall be promptly reimbursed by Grantee to the City.
SECTION II: GRANTEE'S OBLIGATIONS
In consideration of the Grant funds to be provided hereunder, Wolfsonian and Grantee (as
applicable) covenant and agree as follows:
A. Use of Miami Beach Women's Club Parkin!! Lot
Wolfsonian will provide the City with the non-exclusive use ofthe Miami Beach Women's
Club Parking Lot located adjacent to the Miami Beach Women's Club (the "Parking Lot") as
provided below: (The City has provided a sketch of the Women's Club prernises, delineating the
Parking Lot, attached as Exhibit "B" hereto.)
1. Duties of the Parties
a. Parking Lot - The City, through its Parking Department, will (i) bring the Parking
Lot up to Code, if and as required, including but not limited to all accessibility
requirements; and (ii) install such revenue control equipment as it may deem
appropriate, in its discretion, to collect parking monies at the Parking Lot, and to
facilitate public parking for guests to the area. City residents with valid parking
decals may avail themselves of the Parking Lot only during Non-Operational hours.
"Operational hours" for purposes hereof, shall be defined as the hours from 6:00 AM
to 6:00 PM, seven (7) days per week, including holidays. ''Non-Operational hours
shall be defined as the hours from 6:00 PM to 6:00 AM, seven (7) days per week,
including holidays.
b. All expenses incurred by the City in fulfillment of its obligations pursuant to
subsections l(a) above will be reimbursed to the City from the parking revenues
generated by the Parking Lot. Such capital expenses are currently estirnated to be
$189,049.19, and attached as Exhibit "c" hereto, but in the event that said arnount is
greater, the City shall be entitled to reimbursement from monies generated by the
Parking Lot for the full amount thereof however City agrees that such capital
expenditures will not exceed $250,000 without Grantee's prior written consent. The
City will receive all proceeds from the Parking Lot until such amount is collected.
Thereafter, Grantee will receive fifty percent (50%) of net revenues collected from
the Parking Lot, after the City has deducted its customary operational, maintenance
and enforcement costs for the Parking Lot, which are estimated to be $28,023.76 per
year, and attached as Exhibit "C-1" hereto.
c. Accounting and Staternents - The City will provide a quarterly written accounting of
all monies collected from the Parking Lot, as well as operational, maintenance and
enforcernent costs for the Parking Lot, from the date the Parking Lot is operational
and the City comrnences to collect monies. Upon documentation of full
reimbursement of the estirnated capital costs amount in subsection 1(b) above, the
2
City shall retain its percentage, and remit the above-stated 50 percent to Grantee on a
quarterly basis, and provide written accountings of all monies collected and shared in
such a quarter. The City agrees to permit audit of its records related to its collection
of monies under the terms of this Grant Agreement, by the authorized representatives
of the Grantee, but not rnore than once a year, and in a time and manner reasonably
convenient to the City.
d. Commencement of Work - City agrees to commence with the work to upgrade the
Parking Lot, and installation of revenue control equipment, within a reasonable
period following the issuance of a building permit for this work. City agrees to
expeditiously proceed with said improvements upon receipt of the building permit.
The City's estimated Construction Schedule for the Parking Lot is attached as Exhibit
"0", hereto.
e. Use ofthe Parking Lot - Upon completion ofthe Parking Lot for the purposes stated
herein, the City will provide Grantee with written notice of said completion date and
of its intent to commence operation of the Lot for the purposes stated herein. Such
date shall be deemed the "Commencement Date". Thereafter, the City shall have use
of the Parking Lot for the purposes set forth herein for a term of five (5) years from
the Commencement Date. Notwithstanding this subsection l(e), the parties agree
that in no event shall the Commencement Date be later than six (6) months from
execution of this Agreernent by the parties.
On five (5) days advance written notice to the City, the Grantee may use the Parking
Lot for its own functions and activities; the City agrees to put up appropriate signage
to indicate to the public at such designated times that the Parking Lot is available
only to Grantee. Grantee will not be required to pay for parking during pre-
established dates, not to exceed eighteen (18) days per year. The Grantee must
provide written notice five (5) business days prior to the event. Events cancelled
with less than forty-eight (48) hours notice, for reasons other than force majeure
events, will still be deemed as an event for purposes of calculating Grantee's allotted
rnaximum eighteen (18) usage days. If Grantee leases or rents the Miami Beach
Wornen's Club building to a third party, such agreement will not include parking.
f. The City's Planning and Zoning Director has determined that the Parking Lot
contains the required parking for the Miami Beach Women's Club facility.
Notwithstanding this determination, the Grantee and City herein acknowledge and
agree that the City may utilize the Lot for the purposes stated in this Agreement, upon
satisfaction of the requirements of Section 130-192 ("Under-utilized parking spaces")
of the Miami Beach City Code, which requirements and any costs, application fees,
per space fees, etc. shall be the sole responsibility of the City.
B. Bridl!e Tender's House
Grantee owns a kiosk that was a bridge tender's house ("Bridge Tender's House"); this itern
is a part of the Grantee's museum collection. Grantee agrees to give City an option to borrow the
3
Bridge Tender's House upon the term and subject to the conditions provided in this Section n. B.
The City must exercise said option, in writing, to Grantee, no later than thirty (30) days from the last
date of execution of the Agreement by the parties hereto. City may request an extension within
which to exercise its option, which extension must be requested in writing to Grantee prior to the
expiration ofthe thirty (30) day option period, and which - ifrequested - shall be approved or denied
at Grantee's sole and absolute discretion.
City shall have the right to borrow the Bridge Tender's House for a minimum often (10)
years, commencing on the date specified in the City's notice. The relocation of the Bridge Tender's
House shall be completed within ninety (90) days frorn the date of the City's notice to Grantee (of
exercising its option). City will pay all expenses associated with the relocation of the Bridge
Tender's House to an agreed-upon location on Lincoln Road Mall. This includes, but is not limited
to, rigging, moving, and sidewalk repair to the current site of the Bridge Tender's House at 1001
W ashington Avenue. The costs associated with this move will vary depending upon the exact
location chosen for reinstallation. An estimate for this work may be obtained once the parties have
rnutually agreed on a new location. The City and Grantee intend and herein agree that,
notwithstanding the minimum ten (10) year term set forth herein, Grantee's loan of the Bridge
Tender's House shall thereafter continue in perpetuity, and shall survive the termination or expiration
of this Agreement, provided the artifact is properly maintained by the City in conformance with the
Museum's instructions and maintenance specifications, which are attached as Exhibit "E" hereto.
a. The Bridge Tender's House is an artifact in The Wolfsonian-FIU Museurn's
collection and, as such, the move will be overseen by Museum staff and/or qualified
contractors approved by the Grantee to minimize risk of damage in the move and
reinstallation. The Bridge Tender's House is subject to a Preservation Covenant from
the Florida Departrnent of Transportation, attached hereto and incorporated herein as
Exhibit "F." The parties understand that the terms ofthe Preservation Covenant must
be met in all aspects of the use, move, and care of the artifact. Any damage or
vandalism must be immediately reported to The Grantee for examination and
provision of instructions for care, cleaning, and/or conservation.
b. Upon removal from 1001 Washington Avenue, City must immediately commence
with sidewalk repair at City's expense to ensure sidewalk is up to Code, fully
accessible, and to rninimize risk of injury to pedestrians.
c. Signage will include a staternent about the historical background of the Bridge
Tender's House as a museurn artifact and information about The Wolfsonian-FIU;
content and design of signage will be mutually agreeable to the parties. Design and
fabrication of signage by the City is subject to approval by or the specifications of the
Grantee.
In the event that the City does not exercise its option to relocate the Bridge Tender's House
within the time period set forth herein (or such extended time period as may be approved by Grantee,
in its sole discretion), City and Grantee reserve the right to enter into future discussions regarding
relocation ofthe Bridge Tender's House, but any such discussions shall be completely non-binding
as to either City and Grantee. Any determination as to how to proceed with the Bridge Tender's
4
House, other than as provided in this Agreement, shall be subject to future negotiations by the parties
and shall not bind nor commit Grantee, unless expressly agreed to by Grantee in writing.
C. Free Admission for City Residents to Wolfsonian-FIU Museum
Upon execution of this Agreement by the parties hereto, and for a period of five (5) years
thereafter, Grantee shall provide Miami Beach residents (with valid proof of residency) with free
admission to the Wolfsonian-FIU Museum. Free admission is for exhibits only and does not include
lectures, programs or other special events as to which there rnay be a fee associated.
SECTION III: TRANSFER OF GRANT FUNDS
hnmediately following execution of this Agreement by all parties, the City will transfer the
full amount of the Grant by check to the Grantee. The Grantee acknowledges and agrees that the
Grant funds provided by the City under this Agreement are solely to be used for the purposes stated
herein, and if the Project is completed for an amount less than that stipulated in the Project Budget, a
proportionate amount of any unused funds will be returned to the City as provided in Section I
hereof.
SECTION IV: ENFORCEMENT OF THE AGREEMENT / TERMINATION
The City may suspend or terminate this Grant Agreement if, in the City's reasonable
discretion, the Grantee fails to comply with any of the material terms and conditions of this
Agreement, and Grantee fails to cure such default(s) within ten (10) business days' notice of same
from the City.
In order to further ensure the enforcement of this Agreement, the Grantee must obtain the
prior written consent of the City, which consent shall not be unreasonably withheld, prior to any
assignment or transfer, whether in whole or in part. In the event such consent is not obtained in the
manner prescribed herein, the City shall be entitled to declare a default, terminate this Agreement
and resort to its rights and remedies as provided by law.
SECTION V: INDEMNIFICATION
To the extent and limits of Section 768, Florida Statutes, the City agrees to hold harmless,
defend, and indemnify Wolfsonian and Grantee in any suit, action or claim for damages resulting
from any and all acts or conduct of City pursuant to this Agreernent. City further represents that it is
self-insured and, during the term of its use of the Parking Lot pursuant to this Agreernent, the
Parking Lot shall be covered under the City's self insurance. City shall ensure that all contracts with
third parties for any services related to security, towing, lighting, construction, maintenance and
repair of the Parking Lot, similar services, provide for the protection ofWolfsonian and Grantee's
interest as additional insured or loss payees, as applicable.
5
SECTION VI: GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, ifin state court, and the U.S. District Court, Southern District of Florida, ifin federal court.
BY ENTERING INTO THIS AGREEMENT, CITY, WOLFSONIAN AND GRANTEE
EXPRESSLY W AWE ANY RIGHTS THEY MAY HAVE TO A TRIAL BY JURY OF ANY
CNIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
SECTION VII: NOTICE PROVISION
Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified; and the place for giving of notice shall remain such
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective places for giving of
notice, to wit:
FOR CITY:
Office of the City Manager
1700 Convention Center Drive
4th Floor
Miarni Beach, Florida 33139
FOR GRANTEE AND WOLFSONIAN:
The Wolfsonian-FIU
1001 Washington Avenue
Miami Beach, Florida 33139
Attn: Cathy Leff, Director
SECTION VIII: ENTIRETY OF AGREEMENT
This Agreernent (including any exhibits and attachments) embodies the entire understanding
between the parties hereto with respect to the subject matter hereof, and there are no other agreements
and understandings, oral or written, with respect to the subject matter hereof that are not merged
herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the City
of Miami Beach.
6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officials on the day and date first above indicated.
~f~~
City Clerk
THE CITY OF MIAMI BEACH, FLORIDA
~"---- ~$
J reM. ~alef, Ci ana
WOLFSONIAN, INC.,
By: ~?1p~u~~;}.
Narne: Albert Morrison. Jr.
Title: Director and Secretary
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t- Btisiness and Finance
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H:\AgreementslWolfsonianlWolfsonian, Grant Agreement with City of Miami Beach FinaI4-6-04.doc
APPROVeD N3 TO
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Exhibit A ~ Proposed Proiect Budget (Estimated)
DYNAMO CAP! PROJECT INCOME (CASH AND INKlNQ)
Funds raised or committed to project
Cash raised by Wolfsonlan-FIU
. US HUD EDI-grant (recommended)
d ~J,.l-
New Roof '(FIU) \p J \" ~ 't' ~ .
Sub-total
In-KInd Donations.
Architectural Design Fees (Mark Hampton) 200112001
@$27,OOO per year
Oyamo Engine (gift of Finlay Matheson)
Mitton and Ingram steam engine (promised gift
of Rnlay Matheson)
Tenazzo, mother-of-pearl, bronze floor
(gift of Michele Oka Doner)
1896 pbrary System (gift of Samson Management
.NY) - .
Gaetano Pesce ticket/reception desk
(gift of Carlo PoggiolZerodisegno)
FlU Facilities Department Project Supervision
Sub-total
Funds already expended or encumbered
Acquisition of S~muel Yellin .
Mica and wrought Iron chandeliers c. 1924
APEC Consultants
Rambusch Metalworkers for de-Installation,
. renovation, and re-Installatlon of library system
City of Miami Beach Request
Sub-total
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. TOTAL
* It Is unlikely that the full $380,000 will be awarded
** only that portion which Is needed for project will be used
$258,000
$ 360,000* ~J @
- $ 45,000 ~ \
$ 818,000
$ 54,000
$ 30,000
$ 25,000
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$30,000-~ -
$ 60,000' -
$ 60,000 -
$ 10;000 --
$ 289,000
$15,134 .
$30,000
$69,200
$100,714
c?o~~
$1,487,714 I ~ roO
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Hi55.000
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Exhibit B - Sketch ofProoerty Provided by City
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APR-08-2004 15:20
CITY OF MIAMI BCH PARKING
3056737853 P.02/02
Exhibit C
CITY OF MIAMI BEACH
PARKING. CIP (CAPITAL IMPROVEMENT PROJECTS) DEPARTMENTS
WOLFSONIAN/FIU WOMEN'S CLUB PARKING LOT
ESTIMATED BUDGET FOR CAPITAL IMPROVEMENTS
lot Size:
41 parking spaces
CapltallmDroyement:s:
Asphalt:
Pavement Markings:
Concrete:
Conctrete Curbing:
Curb and Gutter:
Landscaping:
Irrigation:
Lighting:
Exfiltration:
AlE:
Continaencv:
Total:
$ 11,487.02
$ 1 ,400.00
$ 13,800.00
$ 11,020:00
$ 23,549.76
$ 24,000.00
$ 9,500.00
$ 23,200.00
$ 18,500.00
$ 17,000.00
$ 35.592.41*
$189,049.19**
Note: *$18,500 Is contingent upon exfiltration (deep well) needs.
UCosts were estimated using prices quoted from existing
contracts. Prices quoted In this estimate may increase
contingent upon market conditions and construction
commencement date.
TOTAL P.02
JAN-16-2004 09:56
CITY ATT~ MIFf'll BEACH
305 673 7002 P.11/11
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Exhibit C 1
CITY 01' MIAMI BEACH PARKING DEPARTMJ:NT
WOLFSONlANIFIU WOMEN'S CLUB PABKING LOT
ESTIMATED ANNUAL OPERATIONAL BUDGET
~~:
41 parking apaces
Revenue.:
Metered (multl-epace pay stations)
Attendants/Cashiers:
$1.00 per hour/8am.epmlSeven days.
15.00 Flat Rate.
Note: Wolfsonlan has rights to 18 days per year at no charge. Any and
all events thereafter are subject to established parking rates.
J!:rDAnHI:
Attendants:
Meter Maintenance:
Meter collection:
Enforcement:
Landscsping:
Maintenance:
Water/sewer:
Electricity
Signage:
Total:
$8,834.40
$ 9&4.00
$2,089.36
$8,825.00
$1,200.00
$3,600.00
$ 600.00
$3600.00
$ 300.00
$28,032.76
TOTAL P. 11
APR-09-2004 11:19
CITY ATTORNEY MIAMI BEACH
305 673 7002 P.02/02
Aguila, Raul
Exhibit D
From: Frances, Saul
Sent; Wednesday, December 24, 20039:47 AM
To: Aguila, Raul
Cc: Chartrand, Jorge; Slaba, Hiram; Walker, Patricia; Cuervo, Christina
Subject: RE: Women'li club time and $
Raul:
AlE Services: four to six months
Permits: One month
Construction: four months
Total: 9.11 Months
I think that the one year we estimated is appropriate,
Thanks
Saul
EXHIBIT UD"
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Exhibit E
BRIDGE TENDER HOUSE:
Bridge Tender House for the Northwest 27th Avenue Bridge, Miami, Florida, 1939
Designed by Harrington & Corteyou (Dates unknown)
Steel, wood, glass, iron, metal
131-1/2 x 199 inches (334.0 x 505.5 centimeters)
Credit: The Wolfsonian- Florida International University, Miami Beach, Florida, Gift of the Florida
Department of Transportation
1993.5
· The Stainless Steel Structure is the only original aspect of the Bridge Tender House
NEEDS TO BE REPLACED OR REPAIRED:
. Needs new roof
. Needs new interior ceiling
. Needs new windows
· Original door needs to be repaired
· Needs new interior (current interior not original; Formica shelf table lining interior is falling apart)
· WFIU needs to approve rigging, transport and placement of Structure
· Structure needs to sit on a cement pad at new location
MAINTENANCE SCHEDULE:
. All solvents used on exterior/interior needs to be approved by WFIU
. All techniques for cleaning needs to be reviewed and approved by WFIU
. Sticky adhesive promotions from public need to be removed on a daily basis with non-abrasive solvents
. Structure is vulnerable to public using acid on windows to etch graffiti statements - appropriate window materials
need to be considered in replacement - (non-scratch window material)
. Advertising and promotional flyers from local clubs need to be removed from structure on a daily basis
. Any other problems should be reported to WFIU
. Air conditioning unit appears to be stable, however, needs to be evaluated
. Electric appears to be stable, however, needs to be evaluated
~,"",'-'lJ
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Environmental M.naqe~ent'Ot:til:l~
1000 N .W. 111th Avenue,aOQ~ f;103.'
Miami, Florida.33112
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Ms. Peggy Loar, Director
The Wo1fsonian Foundation
1001 Washington Avenue
Miani Beach, Florida 331:3'
R,E: SR 91NW 27 AVenue Bridge
Work Program Item Number: 6~.:J.3'173
state Project Number: 87240';"353;1-
Federal Aid 'project NumQer:N/A
Co\lnty: Dade
Dear Ms. Loar:
Enclosed for you.r files lsone originaloopy of the Preservation.
Covenant for the Northwestaridge Tender, $tCltiona:tthe ,~'27
Avenue Bridge. This covenant has beenaPPt'oVed by the $tClte
. Historic Preservation Office. I apolo,gize for the delaY in eending-
this copy to you.. '
If you have any additional questions Or conoerns, pleaseoontaot ~e
at (305)470~5229.
Siri"CerelY,, ~rs,',,'
eAu4$~L
Christie Pritohard
Environmental Manager
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ee: Barbara Bernier, FOOT
Gary Donn, FDOT
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PREsERVATION COVENANT
In . consideration of the conveyance of certain real property,
hereinafter referred to as the Northwest Bridge Tender Station,
located in the City of Miami, Dade County, Flori~a. Wolfsonian
Foundation hereby covenants on behalf of itself and its successors,
and assigns at all. times to the Florida Department of
Transportation to maintain and preserve this bridge tender station
as follows:
1. The Wolfsonian Foundation shall preserve and Mintain
this bridge tender station in accordance with the
recommended approaches in the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings (National Park Service,
1983) in order to preserve and enhance those qualities
that make the bridge tender station eligible for
inclusion in the National Register of Historic Places.
2. No construction, alteration, remodeling, or any other
thing shall be undertaken on the bridge tender station
which would affect the appearance or structural integrity
of the bridge tender station without the express written
consent of the State Historic Preservation Officer
(SHPO) .
3. The Covenantor hereby agrees that representatives of the
Covenantee shall be permitted at all reasonable times to
inspect the bridge tender station in order to ascertain
if the above conditions are being met.
4. In the event of a violation of this covenant, and in
addition to any remedy now or hereafter provided by law,
the Covenantee may, following reasonable notice to the
Covenantor, institute suit to enjoin said violation or to
require the restoration of the bridge tender station. In
the event the Covenantor is found to have violated any of
the restrictions herein, the Covenantor shall reimburse
Covenantee for any costs or expenses inourred in
connection therewith, including all, court costs and
attorney I s fees.
5. Restrictions, stipulations and covenants contained in
this instrument shall be inserted by the Covenantor in
any deed or other legal instrument by which the
Covenantee divests itself of the property or any part
thereof, concurrently with entering into any suoh
instrument, Covenantor shall given written notice to
Covenantee of the same.
6. The Covenantor agrees that the SHPO may at its
discretion, without prior notice to Covenantor convey
and assign all or part of its rights and responsibilities
under the agreement to a third party.
The failure of the SHPOto e~ercise any right Qr~dy
granted under this. inst:ru~ent shall not have the efteGt
of waiving or limiting the exercise of any other right or
remedy or the use of such right at any other time.
This instrument may be jointly amended or released in
writing, and such amendment or release shall become
effecti ve upon its recordation in the Office of the Clerk
of the County of Dade, state of Florida.
This covenant shall be a binding servitUde upon the Woltsonian
Foundation. Exeoution of this covenant shall constitute cono1\.lsive
evidenoe that the Wolfsonian Foundation agrees to be bound by the
foregoing conditions and restric.tio an. 0 perform to obliqations
herein set forth.
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