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RESOLUTION 90-20104 RESOLUTION NO. 90-20104 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH THAT THE CITY ENTER INTO AN AGREEMENT WITH MELVIN J. RICHARD AMENDING THE BASS MUSEUM AGREEMENT TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE BASS MUSEUM SHALL HAVE THIRTY (30) DAYS INSTEAD OF TEN (10) DAYS TO NOTIFY THE CITY OF THE BOARD OF TRUSTEES' TENTATIVE ACCEPTANCE OF AN ART ACQUISITION TOGETHER WITH COPIES OF THE APPRAISAL AND THE BOARDS MINUTES. WHEREAS, under the terms of the agreement for creation, maintenance, and operation of the Bass Museum of Art (hereinafter referred to as the "MUSEUM") dated July 8, 1963 between John and Johanna Bass (hereinafter referred to as "BASS") and the City of Miami Beach, a municipal corporation of the State of Florida (hereinafter referred to as the" CITY") , and as amended on June 6, 1979, it is provided that: To further enhance the prestige of the BASS collection by objects of art through donations or other means of acquisition including purchase when funds are available. When desired objects of art are available through donation, it shall be the responsibility of the Board of Trustees to secure an appraisal, to vote tentative acceptance or rejection within a reasonable time, and to submit to the CITY within 10 days notice of the Board' s tentative acceptance together with copies of the appraisal and the Board' s minutes. If the CITY'S Board of Commissioners does not vote to reject the donation within 60 days of the date of notice the acceptance shall become final and the date of acceptance shall relate back to the date of the vote of the Board of Trustees. And WHEREAS, to further efficient MUSEUM management procedures, there is the need to amend said agreement to provide for additional time to submit the BOARD'S tentative acceptance of an art acquisition to the CITY, and WHEREAS, the BOARD deems it appropriate to extend the period of time within which the BOARD must notify the City of an art acquisition and to provide copies of the appraisal and the BOARD'S minutes from ten (10) days to thirty (3 0) days, and WHEREAS, under the will of John Bass, dated May 12 , 1976, the said John Bass, now deceased, assigned to Melvin J. Richard, (hereinafter referred to as "RICHARD") all of his right, title, and interest under any and all agreements, including the aforesaid Bass Museum agreement, made with the City of Miami Beach. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the CITY enter into an agreement with RICHARD amending the Bass Museum agreement to provide that the BOARD shall have thirty (30) days within which to notify the CITY of an art acquisition and to provide copies of the appraisal and the BOARD'S minutes. PASSED and ADOPTED this 19th day of September , 1990. /4/1,11/ Agel rYOR Attest: e0� )7) FORM APPROVED CityhClerk LEGAL DEPT. Date P/9" 2 • ea, Wrisame Weeta FLORIDA 3 3 1 3 9 "V A CA TIONL A ND U. A S. .'" OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673.7010 COMMISSION MEMORANDUM NO. 506-90 DATE: pf-anher 19_ 1 gci TO: Mayor Alex Daoud Members of the • Cori mi FROM: Rob W. Par ins i/f/fr City Manage �� l SUBJECT: AMENDMENT TO THE AGREEMENT BETWEEN MELVIN J. RICHARD, AS TESTAMENTARY DEVISEE UNDER THE WILL OF JOHN BASS, IN BEHALF OF JOHN AND JOHANNA BASS, AND THE CITY OF MIAMI BEACH, PROVIDING FOR THE TIME FOR NOTIFICATION OF ACCEPTANCE OF AN ART ACQUISITION This amendment will provide that the Board of Trustees shall have thirty (30) days instead of ten ( 10) days to notify the city of the Board of Trustees ' tentative • acceptance of an art acquisition together with copies of the appraisal and the Board' s Minutes . ADMINISTRATION RECOMMENDATION: The Administration recommends approval of this amendment the F: :r. Muselm oreemeL _ . S)r7C • 9 AGENDA C. 24 ITEM DATE q 9 9 n AMENDMENT TO BASS AGREEMENT THIS AMENDMENT TO AGREEMENT entered into this 21st day of September , 1990, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation (hereinafter referred to as the "CITY") and MELVIN J. RICHARD (hereinafter referred to as "RICHARD") as Testamentary Devisee under the will of JOHN BASS, on behalf of JOHN and JOHANNA BASS (hereinafter referred to as "BASS") . WITNESSETH as follows: WHEREAS, the CITY and BASS entered into an agreement July 8, 1963 for the donation by BASS to the CITY of a substantial and valuable art collection, known as the JOHN and JOHANNA BASS collection (hereinafter referred to as the "COLLECTION") and for the creation, maintenance, and operation of the BASS MUSEUM OF ART (hereinafter referred to as the "MUSEUM") to house the COLLECTION, and WHEREAS, paragraph 14 (6) of the Agreement as amended on June 6, 1979 provides that the Board of Trustees of the MUSEUM (hereinafter referred to as the "BOARD") shall have the following responsibility: To further enhance the prestige of the BASS collection by objects of art through donations or other means of acquisition including purchase when funds are available. When desired objects of art are available through donation, it shall be the responsibility of the Board of Trustees to secure an appraisal, to vote tentative acceptance or rejection within a reasonable time, and to submit to the CITY within 10 days notice of the Board' s tentative acceptance together with copies of the appraisal and the Board' s minutes. If the CITY'S Board of Commissioners does not vote to reject the donation within 60 days of the date of notice the acceptance shall become final and the date of acceptance shall relate back to the date of the vote of the Board of Trustees. And WHEREAS, to further efficient MUSEUM management procedures, there is the need to amend said agreement to provide for additional time to submit the BOARD'S tentative acceptance of art acquisitions to the CITY, and WHEREAS, under the will of John Bass, dated May 12 , 1976, the said John Bass, now deceased, assigned to RICHARD, all of his right, title, and interest under any and all agreements, including the aforesaid Bass Museum agreement, made with the CITY, and WHEREAS, the remaining members of the MUSEUM's BOARD unanimously adopted a Resolution recommending that the CITY and RICHARD enter into an agreement amending the aforesaid agreement to provide that the BOARD shall have thirty (30) days instead of ten (10) days within which to submit notice to the City of the BOARD'S tentative acceptance of an art acquisition together with copies of the appraisal and the BOARD'S minutes, and WHEREAS, the City on September 19 , 1990, adopted Resolution No. 90-20104 to that effect, and NOW, THEREFORE, it is hereby agreed by the parties hereto that paragraph 14 (6) of the aforesaid amended Agreement of June 16, 1979 be and it is hereby amended to read as follows: To further enhance the prestige of the BASS collection by objects of art through donations or other means of acquisition including purchase when funds are available. When desired objects of art are available through donation, it shall be the responsibility of the Board of Trustees to secure an appraisal, to vote tentative acceptance or rejection within a reasonable time, and to submit to the CITY within 9 30 days notice of the Board' s tentative acceptance together with copies of the appraisal and the Board' s minutes. If the CITY'S Board of Commissioners does not vote to reject the donation within 60 days of the date of notice the acceptance shall become final and the date of acceptance shall relate back to the date of the vote of the Board of Trustees. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 21st day of September , 1990. CITY e " MIAMI BE " _de . d AL_/hum / MAYOR w ORM APPROVED ATTEST: LEGAL DEPT. ,_ tgte.t.,i,t )-di 6- B :;:)'"/.....ie City Clerk ,��r I ) V7190 Date WITNESSES: FOR JOHN AND JOHANNA BASS: / // % / ' ( ! , / f ;i, '' , ' _ i , \ .l .Al.., • �._./� (SEAL) MELVIN J ' ► HARD, 41 - �J Testament. ; Devisee under . - _! _ ` '' e - Will of Ji 'N BASS lb 2 ORIGINAL RESOLUTION NO. 90-20104 That the City enter into an agreement with Melvin J. Richard amending the Bass Museum agreement to provide that the Board of Trustees of the Bass Museum shall have thirty (30) days instead of ten (10) days to notify the City of the Board of Trustees' tentative acceptance of an art acquisition together with copies of the application and the Board's minutes.