2014-28820 Reso RESOLUTION NO. 2014-28820
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT
APPLICATION TO CHILDREN'S TRUST OUT OF SCHOOLS PROGRAM FOR
FUNDING FOR THE CITY'S SUMMER AND AFTER SCHOOL PROGRAM;
2) BLOOMBERG PUBLIC ART CHALLENGE FOR FUNDING FOR A PUBLIC ART
PROJECT IN PARTNERSHIP WITH THE WOLFSONIAN/FIU ON MIAMI BEACH IN
THE APPROXIMATE AMOUNT OF $500,000; 3) SUBMIT A GRANT APPLICATION
TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE APPROXIMATE
AMOUNT OF $2.5 MILLION FOR STORMWATER INFRASTRUCTURE FUNDING;
AND RETROACTIVE APPROVAL FOR THE FOLLOWING GRANT SUBMITTALS:
4) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM IN THE AMOUNT OF
$165,000 FOR RENOVATION OF POLO PARK; 5) US DEPARTMENT OF
COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) FOR THE FY
2014 REGIONAL INNOVATION GRANTS PROGRAM FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $215,000 FOR THE CONVENTION CENTER
EXPANSION AND DISTRICT TRANSPORTATION MASTER PLAN PROJECT; 6)
VISITOR AND CONVENTION CENTER AUTHORITY FOR FUNDING IN THE
AMOUNT OF $50,000 FOR THE CITY'S CENTENNIAL CELEBRATION IN 2015; 7)
MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING FOR FISCAL YEAR
(FY) 2014/15 PRIMARY CARE HOUSING AND SERVICES FUNDS IN THE
APPROXIMATE AMOUNT OF $62,373 FOR THE CITY'S HOMELESS OUTREACH
PROGRAM; 8) MIAMI-DADE COUNTY HOMELESS TRUST FOR FISCAL YEAR
(FY) 2014/15 FUNDING IN THE APPROXIMATE AMOUNT OF $25,000 FOR
IDENTIFICATION ASSISTANCE THROUGH THE CITY'S HOMELESS OUTREACH
PROGRAM; 9) FRIENDS OF THE BASS MUSEUM INC., STATE OF FLORIDA,
CULTURAL FACILITIES GRANT PROGRAM FOR FUNDING IN THE AMOUNT OF
$216,034 FOR THE RENOVATION OF THE BASS MUSEUM; 10) FRIENDS OF THE
BASS MUSEUM INC.: STATE OF FLORIDA, DIVISION OF HISTORICAL
RESOURCES, SPECIAL CATEGORY GRANT PROGRAM FOR FUNDING IN THE
AMOUNT OF $350,000 FOR THE BASS MUSEUM INTERNAL EXPANSION
PROGRAM; APPROVING AND AUTHORIZING THE APPROPRIATION OF THE
ABOVE GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE
MATCHING FUNDS AND CITY EXPENSES; AND FURTHER AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND
EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT
LIMITATION, APPLICATIONS, GRANT/FUNDING AGREEMENTS AND AUDITS
WHEREAS,- the Administration requests approval to submit an application to the
Children's Trust Out of Schools Program for funding in the approximate amount of $400,000 for
the City's Summer and After School Program, the details of which are as follows:
A. The Children's Trust Out-of-School Program provides funding for summer camps and
after-school programs that stimulate academic, athletic, cultural and social learning in a
nurturing and supervised environment while parents are working and during times of day
when adolescents are most prone to at-risk behavior;
B. The program provides after school services to approximately 250 children ages 5-12
years old residing primarily in the City of Miami Beach and offers activities to children,
including physical fitness, nutrition education, homework and literacy support. Program
goals are to improve academic skills and literacy and improve physical health and
fitness;
C. Last year, the City was awarded funding in the amount of $309,180; this year the
Administration is planning to expand the Children's Trust-funded program to other sites
citywide. Therefore, the Administration anticipates that the grant request will be
approximately $400,000. This program supports the key intended outcome to induce
public school accountability mainly at the Middle School. This grant does not require
matching funds;
WHEREAS, the Administration requests approval to submit an application to Bloomberg
Philanthropies Public Art Challenge for funding in the approximate amount of $500,000 for a
temporary Public Art project in partnership with the Wolfsonian/FIU, the details of which are as
follows:
A. The goal of the Bloomberg Public Art Challenge is to support innovative temporary
public art projects that enhance the quality of life in cities. Bloomberg Philanthropies
Public Art Challenge will grant at least three cites up to $1 million each to support
temporary public art projects that celebrate creativity, enhance urban identity, encourage
public-private partnerships, and drive economic development. The application must be
on behalf of collaboration between a city and an artist and/or arts organization;
B. The City, in collaboration with the Wolfsonian will propose the creation of a temporary
greenspace with landscape art and seating on the sidewalk/plaza in front of The
Wolfsonian — Florida International University at the corner of 10th Street and Washington
Avenue. Modeled after successful temporary public art spaces in Ney York City, this
streetscape project will set the stage for a series of commissioned outdoor projections
and art installations on the sidewalk in front of the museum. The City, in partnership with
The Wolfsonian, will create a unique, community-centered urban intervention,
transforming a pedestrian throughway;
C. The grant request will be for $500,000 and both the City and the Museum will contribute
in-kind costs to this project. Additional proposed sources of funds include donations.
This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination;
WHEREAS, the Administration requests approval to submit an application to South Florida
Water Management District (SFWMD) in the approximate amount of $2.5 million for an
alternative stormwater outfall project, the details of which are as follows:
A. The South Florida Water Management District (SFWMD) is a regional governmental
agency that oversees the water resources in the southern half of the state, covering 16
counties from Orlando to the Florida Keys and serving a population of 8.1 million
residents. It is the oldest and largest of the state's five water management districts.
Created in 1949, the agency is responsible for managing and protecting water resources
of South Florida by balancing and improving water quality, flood control, natural systems
and water supply. The mission of SFWMD is to manage and protect water resources of
the region by balancing and improving water quality, flood control, natural systems and
water supply;
B. SFWMD provides funding for stormwater management projects, alternative water supply
projects and water conservation projects. The Administration intends to apply for
funding from SFWMD for alternative stormwater outfall. As a result, climate change and
sea level rise, the frequency of flooding within the City Miami Beach has increased
significantly in recent years. Frequent, less severe flooding of streets and low-lying
areas occurs during spring high tides and afternoon thunderstorms in the summertime,
causing inconvenience, minor property damage and increased concern for mosquito
breeding in stagnant pools of water. More severe flooding causing significant property
damage generally occurs during intense storm events including hurricanes and when
high tides coincide with thunderstorms;
C. The City has taken action to develop a series of mitigation strategies including citywide
stormwater system upgrades, new stormwater pump stations and considerations for
developing alternative outfalls for stormwater discharge, and code revisions to develop
long-term sustainability guidelines and policies;
D. One such alternative stormwater outfall and sustainability policy being considered is the
use of Class V, Group 6 stormwater drainage wells or the use of Aquifer Storage and
Recovery technology. The City intends to construct a pilot well located generally in the
Flamingo Park area of South Beach, to determine the feasibility of implementing an
aquifer recharge system below the underground sources of drinking water as a means of
managing stormwater on a citywide basis. In addition, the City wishes to look at the
feasibility of managed aquifer recharge systems to store excess stormwater and to
provide it as a source for non-potable and irrigation uses;
E. The objectives of the initial phase of the managed aquifer recharge program using
excess stormwater would be to determine suitable storage/recharge horizons within the
Floridan aquifer by drilling an exploratory-test stormwater well. The construction and
testing costs associated with the exploratory-test Class V Drainage well is estimated to
be $5 million dollars. As such, the grant request will be for $2.5 million, and the City will
contribute matching funds in the amount of $2.5 million from Proposed Stormwater
Bonds (Flamingo 10g-6 Street ROW Improvements). This grant supports the key
intended outcome to ensure reliable storm water management and resiliency against
flooding by implementing select short and long-term solutions including addressing sea-
level rise;
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to the Florida Department of Environmental Protection, Florida Recreation
Development Assistance Program in the proximate amount of $165,000 for Renovation of Polo
Park, the details of which are as follows:
A. The Florida Recreation Development Assistance Program (FRDAP) is a competitive
program which provides grants to local government entities for acquisition and
development of land for public outdoor recreation use. The Florida Department of
Environmental Protection (DEP) administers the FRDAP program;
B. The administration has requested funding in the amount of $165,000 for renovations to
Polo Park. The scope of work for this project includes new playground with shade
structure and safety surface, renovation of swings, benches, landscaping and irrigation.
This grant requires matching funds and the source of matching funds in the amount of
$165,000 is Pay-As-You-Go funds;
C. This grant supports the key intended outcome maximize the Miami Beach brand as a
world-class destination;
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to the US Department of Commerce, Economic Development Administration (EDA)
for the FY 2014 Regional Innovation Grants Program for Funding in the approximate amount of
$215,000 for the Convention Center Expansion and District Transportation Master Plan Project,
the details of which are:
A. The US Economic Development Administration, under the Department of Commerce
provides funding for innovation, regional collaboration and job creation through its
Regional Innovation Strategies Program. The main strategies are regional capacity
building; supporting innovation elements, commercialization centers, infrastructure
planning and seed capital; revenue generation and job creation. The program focus is to
contribute to economic growth and regional connectivity (connecting economic
development and commercialization resources) is a primary focus;
B. Miami Beach faces transportation challenges as a result of its unique land use and
geographical attributes, which includes a lack of available land and limited regional
connectivity. These and other factors require the. City to utilize a combination of
innovative technology, transit demand management strategies and multi-modal
transportation system development to address its current traffic congestion. Despite high
ridership,,heavy congestion has resulted in an unreliable bus system. The provision of
reliable alternative transportation modes and transit system enhancements, including
bus rapid transit technology, is necessary to address the City's multi-modal
transportation needs;
C. The Administration has submitted a requested for funding in the amount of $215,000 for
the Planning portion of the City Center District Transportation Master Plan. The
proposed scope of work incorporates extensive data collection and analysis, an
assessment of existing conditions and future needs, the development of mobility projects
and an implementation plan. It will address the spatial requirements of elements
necessary for effective, safe and secure multi-modal transportation solutions integrated
into normal roadway operations;
D. The total cost of the project is estimated to be approximately $430,000. As such, the
Administration is requesting funding for in the amount of approximately $215,000 for the
City Center District Transportation Master Plan. . If awarded, the Administration will
request matching funds during the FY 15/16 Capital Budget process. This project
supports the key intended outcome to commission a comprehensive mobility plan which
gives priority recommendations (from non-vehicular to vehicular and including parking.
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to the Miami Beach Visitor and Convention Authority for funding in the amount of
$50,000 for the City's Centennial Celebration, the details of which are:
A. The MBVCA is a seven member authority, appointed by the City of Miami Beach
Commission, with the goal of encouraging, developing and promoting the image of
Miami Beach locally, nationally and internationally as a vibrant community and superb
tourist destination. To this end, the MBVCA strategically focuses its funding investments
in a balanced manner, fostering outstanding existing programs, stimulating new
activities, and encouraging partnerships. The MBVCA is committed to a long-term plan
for allocation of resources to build the uniqueness of Miami Beach as one of the world's
greatest communities and tourism destinations. The MBVCA's Tourism Advancement
Program support initiatives, major one time special events and special project that
develop tourism.
B. Beginning on March 22, 2015 and running for 100 straight hours to end on March 26,
2015 there will be non-stop events throughout the City of Miami Beach. Each of these
events will celebrate the history and culture of Miami Beach. Events will include a 100
years of fashion, 100 years of cars, 100 years of photography, and all will be leading up
to the final show of a large multi-artist concert on the beach. All of these events.will be
presented without admission charge.
C. The Administration intends to apply for funding in the amount of $50,000 for the
Centennial Celebration. Matching funds are required of this grant, and are available in
Resort Tax Account #160-4300-000312. This project supports the key intended
outcome to maximize the Miami Beach brand as a world-class destination.
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to Miami-Dade County Homeless Trust for Fiscal, Year (FY) 2014/15 Primary Care
Housing and Services funds in the approximate amount of $62,373 for the City's Homeless
Outreach Program, the details of which are:
A. The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and in this regard to establish and implement policies
based on the Miami-Dade County Community Homeless Plan (The Plan). The Plan is a
comprehensive continuum of care system to serve homeless persons in Miami—Dade
County;
B. Funds are available for short-term hotel placement for homeless families and individuals
who cannot be placed in emergency shelter due to capacity issues. This program also
provides funding for food vouchers for families while residing in placements, if food
arrangements or other resources are unavailable. The grant will provide funding in the
amount of$62,373 and matching funds are not required;
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to Miami-Dade County Homeless Trust for Fiscal Year (FY) 2014/15 funding in the
approximate amount of $25,000 for Identification Assistance through the City's Homeless
Outreach Program, the details of which are:
A. The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and to establish and implement policies based on the
Miami-Dade County Community Homeless Plan. The Plan is a comprehensive
continuum of care system to serve homeless persons in Miami-Dade County;
B. The Homeless Trust also has Identification Assistance funding available to provide
assistance in obtaining identification and other personal documents on behalf of
homeless individuals and families in Miami-Dade County. The funds will be used to
cover the cost of administering this program, and related costs or fees associated with
obtaining or replacing documents utilized to establish identification, such as Florida
identification cards, birth certificates, marriage certificates, school records, lawful
permanent resident cards, naturalization certificates and Florida driver's licenses. Vital
personal identification documents and official photo identification are necessary for
obtaining employment and housing;
C. Providing this service will help homeless individuals to become self-sufficient, and the
Identification Assistance service is part of the City's current Homeless Outreach
Program and the grant will provide funding in the amount of $25,000. The grant does
not require matching funds; and
WHEREAS, the Administration requests retroactive approval for the submittal by the
Friends of the Bass Museum, Inc., of an application to the State of Florida Cultural Facilities
grant program for funding in the approximate amount of$216,034 for the renovation of the Bass
Museum, and for the City to execute a restrictive covenant and all necessary documents in
connection with the aforestated grant, the details of which are:
A. The purpose of the Cultural Facilities Program is to coordinate and guide the State of
Florida's support and funding of renovation, construction, or acquisition of cultural
facilities. The Bass Museum, through The Friends of the Bass Museum Inc. has applied
for funding to the State Cultural Facilities Program to complete the internal expansion
project, which is a renovation that will increase space for exhibitions and education
programs by 47%. The Friends of the Bass Museum Inc. has requested funding in the
amount of $216,034 and matching funds are available from the Friends of the Bass
Museum, Inc. (Cash on Hand). The Friends of the Bass Museum Inc. has been notified
that the Museum has been awarded the grant;
B. The City of Miami Beach is the owner of the land and building where the Bass Museum
is located. As such, the State requires the City, as owner to execute a restrictive
covenant that will run with the title to the land and the cultural facility, encumber them,
and be binding upon the City for ten years following the execution of the grant award
agreement. The facility shall be maintained as a "cultural facility," defined as a building,
which shall be used primarily for the programming, production, presentation, exhibition
or any combination of the functions of cultural disciplines. The restrictive covenant will
be violated if the Grantee, the Owner, or their successors in interest do not use or cease
to use the facility as a cultural facility, within ten years following the execution of the
grant award agreement. If the Grantee violates this restrictive covenant, it shall repay
the grant funds. to Division pursuant to an amortization schedule. A copy of the
Restrictive Covenant is attached to this agenda item as Exhibit A;
C. This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination.
WHEREAS, the Administration -requests retroactive approval for the submittal by the
Friends of The Bass Museum Inc. to submit a grant application to the State of Florida Division of
Historical Resources for the Special Category Grant Program for funding for the Bass Museum
Internal Expansion Program in the amount of$350,000, the details of which are:
A. The Historic Preservation Grants Program allocates state funds appropriated by the
Legislature and federal funds apportioned to the state by the U. S. Department of the
Interior, National Park Service, for the preservation and protection of the state's historic
and archaeological sites and properties. The program is administered by the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State. Two
types of grants are awarded through this program: .Small Matching Grants and Special
Category Grants;
B. If awarded, this grant requires that the City execute an Owner Concurrence Form, in
addition to the necessary grant documents, a copy of the Owner Concurrence Form is
attached as Exhibit B;
C. This grant requires matching funds, and the source of the match in the amount of
$350,000 will be provided by the Friends of the Bass Museum, Inc. (Cash). This project
supports the key intended outcome to enhance beauty and vibrancy of urban and
residential neighborhoods; focusing on cleanliness, historic assets, in select
neighborhoods and redevelopment areas. This project supports the key intended
outcome to maximize the Miami Beach brand as a world-class destination.
NOW THEREFORE RE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and City Commission approve and authorize the
City Manager or his designee to take the following actions: 1) Submit a grant application to
Children's Trust Out of Schools Program for funding for the City's Summer and After School
Program; 2) Submit an application to Bloomberg Philanthropies Public Art Challenge for funding
in the approximate amount of $500,000 for a temporary Public Art project; 3) Submit an
application to the South Florida Water Management District in the approximate amount of $2.5
million for an alternative stormwater outfall project; and retroactive approval for the following
submittals: 4) Florida Department of Environmental Protection, Florida Recreation Development
Assistance Program in the proximate amount of $165,000 for Renovation of Polo Park; 5) US
Department of Commerce, Economic Development Administration (EDA) for the FY 2014
Regional Innovation Grants Program for Funding in the approximate amount of$215,000 for the
Convention Center Expansion and District Transportation Master Plan Project; 6) State of
Florida, Cultural Facilities Grant Program for funding in the approximate amount of$216,034 for
the Renovation of the Bass Museum; 7) Miami-Dade County Homeless Trust for Fiscal Year
(FY) 2014/15 Primary Care Housing and Services funds in the approximate amount of $62,373
for the City's Homeless Outreach Program; 8) Miami-Dade County Homeless Trust for Fiscal
Year (FY) 2014/15 funding in the approximate amount of $25,000 for Identification Assistance
through the City's Homeless Outreach Program; 9) Friends of Bass Museum Inc., to submit an
application for funding to the State of Florida Cultural Facilities grant program for funding in the
approximate amount of $216,034 for the renovation of the Bass Museum, and for the City to
execute a restrictive covenant and all necessary documents in connection with the aforestated
grant; 10) Friends of The Bass Museum Inc. to submit a grant application to the State of Florida
Division of Historical Resources for the Special Category Grant Program for funding for the
Bass Museum Internal Expansion Program in the amount of $350,000; approving and
authorizing the appropriation of the above grants and funding requests, including any requisite
matching funds and city expenses; and further authorizing the City Manager or his designee to
take all necessary steps and execute all necessary documents in connection with the
aforestated grants and funding requests, including, without limitation, applications, grant/funding
agreements and audits.
PASSED and ADOPTED this day of �� , 2014.
//w
Philip 'ayor
ATTEST:
G INCCRR ORATED:
R fael E. Granado, City Clerk ��+'' N
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T:\AGENDA\2014\November\Grants Reso.docx
APPROVED AS TO
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City Att6mey Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept ten (10)grants.
Key Intended Outcome Supported:
1) Induce public school accountability mainly at middle school; 2), 4), 6) and 10) Maximize the Miami
Beach brand as a world-class destination; 3) Ensure reliable storm water management and resiliency
against flooding by implementing select short and long-term solutions including addressing sea-level
rise; 4) Maximize the Miami Beach brand as a world-class destination; 5) Commission a comprehensive
mobility plan which gives priority recommendations (from non-vehicular to vehicular and including
parking; 6) Maximize the Miami Beach brand as a world-class destination; 7) and 8) N/A; 9) and 10)
Maximize the Miami Beach brand as a world-class destination.
Supporting Data: Community Satisfaction Survey: 1) Students who regularly attended high-quality
after school programs over two years demonstrated gains of up to 20 percentiles and 12 percentiles
in standardized math test scores respectively, compared to their peers who were routinely
unsupervised during the afterschool hours. (Policy Studies Associates, Inc., 2007) (Afterschool
Alliance); and high quality preschool education produces an average immediate effect of about (0.50) a
standard deviation on cognitive development, the equivalent of 7 or 8 points on an IQ test. (National
Institute for Early Education Research Rutgers); 2) 42% of residents visited the Washington Avenue
business area last year; 3) 15% of businesses said that the City can ensure business success by
"addressing flooding issue"; (In the 2012 survey, only 1% of businesses had this response); 4) 81% of
residents rated playground appearance positively; 5) Over half of businesses (56%) claimed that the
Miami Beach Convention Center added to the success of their business.'and traffic flow in Miami Beach
is a driver of businesses' ratings of Miami Beach as a place to run a business; 6) 30% of residents said
that there were too few cultural activities and 37% said there were too few family friendly activities; 7)
and 8) The City's efforts to address homelessness" was a key driver for resident respondents in how
they view the City as a place to live, view city government on meeting expectations and if they would
recommend the City as a place to live; "A lot of homeless" was rated amongst the top five things that
have a negative impact on the quality of life on Miami Beach. Based on the Census Count (January,
2012), the number of homeless in Miami Beach has decreased from 239 in FY 2004/05 to 106 in FY
2012/13; 9) and 10) 40% of residents claimed there were enough museums in Miami Beach and the
average attendance at the Bass Museum of Art, for residents, was twice.
Item Summary/Recommendation:
Approve and authorize the following rant application submittals: 1 The Children's Trust Out of Schools
PP g 9 PP )
0
Program for funding in the approximate amount of $400,000 for the City's Summer and After School
Program; 2) Bloomberg Philanthropies Public Art Challenge in the approximate amount of$500,000 for
a public art project in partnership with the Wolfsonian/FIU; 3) South Florida Water Management District
in the approximate amount of $2.5 million for Stormwater Infrastructure Funding; and retroactive
approval for the following submittals: 4) Florida Department of Environmental Protection, Florida
Recreation Development Assistance in the amount of $165,000 for the renovation of Polo Park; 5) US
Department of Commerce, Economic Development Administration (EDA) for the FY 2014 Regional
Innovation Grants Program for Funding in the approximate amount of $215,000 for the Convention
Center Expansion and District Transportation Master Plan Project; and; 6) Miami Beach Visitor and
Convention Authority for funding in the amount of $50,000 for the City's Centennial Celebration; 7)
Miami-Dade County Homeless Trust Primary Care Housing/HMIS and Hotel/Motel for funding in the
amount of $62,373 for staffing for the Homeless Management Information System and for Hotel/Motel
funding for the city's homelessness prevention program; 8) Miami-Dade County Homeless Trust/ID
Assistance Program for funding in the amount of$25,000 for the Identification (ID)Assistance program;
9) For Friends of the Bass, Inc.: Cultural Facilities Grant Program for funding in the approximate amount
of $216,034 for the Renovation of the Bass Museum; and, 10) For Friends of the Bass, Inc.: Florida
Department of State, Division of Historic Resources, Special Category Grants for funding in the amount
of $350,000 for the internal expansion of the Bass Museum; approving and authorizing the
appropriation of the above grants and funding requests, including any requisite matching funds and city
expenses; and further authorizing the City Manager or his designee to take all necessary steps and
execute all necessary documents in connection with the aforestated grants and funding requests,
including, without limitation, applications and grant funding agreements and audits.
AGENDA ITEM 7
MIAMIBEACH SATE //-/?A1_
Financial Information:
Source # Grant Name/Project Approx. Approximate Match
of Award Amount/Source
Funds Amount
1 The Children's Trust Out of Schools $400,000 N/A
Program/City's Summer and After School
Program
2 Bloomberg Public Art Challenge/Public Art $500,000 $80,000/Wolfsonian/
—Wolfsonian FIU CMB In-kind Match
3 South Florida Water Management District/ $2,500,000 $2,500,000/Proposed
Deep Water Injection Wells Stormwater Bonds
(Flamingo 10g-6
Street ROW
Improvements
4 Florida Department of Environmental $165,000 $165,000/FY 2014/15
Protection, Florida Recreation Pay-As-You-Go
Development Assistance/Renovation of
Polo Park
5 US Department of Commerce, Economic $215,000 $215,000/Funds will
Development Administration (EDA)/ be requested through
Convention Center Expansion and District the FY 15/16 Budget
Transportation Master Plan Project Process
6 Visitor and Convention Authority/City's $50,000 Resort Tax Account
Centennial Celebration 160-4300-000312.
7 Miami-Dade County Homeless Trust $62,373 N/A
Primary Care Housin /HMIS Hotel Motel
8 Miami-Dade County Homeless Trust/ID $25,000 N/A
Assistance Program
9 Cultural Facilities Grant Program/Friends $216,034 $216,034/The Friends
of the Bass/Renovation of the Bass of the Bass Museum,
Museum Inc. Cash match
10 State Historic Preservation/Friends of the $350,000 $350,000/The Friends
Bass/Internal Expansion of the Bass Museum,
Inc. Cash match
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Sign-Offs:
pa ent Dir ctor Assistant City Manager City Manager
MIAMI BE H
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City C mission
FROM: Jimmy L. Morales, City Manager
DATE: November 19, 2014
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AP ROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1)
SUBMIT A GRANT APPLICATION TO CHILDREN'S TRUST OUT OF
SCHOOLS PROGRAM FOR FUNDING FOR THE CITY'S SUMMER AND
AFTER SCHOOL PROGRAM; 2) BLOOMBERG PUBLIC ART CHALLENGE
FOR FUNDING FOR A PUBLIC ART PROJECT IN PARTNERSHIP WITH
THE WOLFSONIAN/FIU ON MIAMI BEACH IN THE APPROXIMATE
AMOUNT OF $500,000; 3) SUBMIT A GRANT APPLICATION TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT IN THE APPROXIMATE
AMOUNT OF $2.5 MILLION FOR STORMWATER INFRASTRUCTURE
FUNDING; AND RETROACTIVE APPROVAL FOR THE FOLLOWING
GRANT SUBMITTALS: 4) FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM IN THE AMOUNT OF $165,000 FOR RENOVATION OF POLO
PARK; 5) US DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) FOR THE FY 2014 REGIONAL INNOVATION
GRANTS PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF
$215,000 FOR THE CONVENTION CENTER EXPANSION AND DISTRICT
TRANSPORTATION MASTER PLAN PROJECT; 6) VISITOR AND
CONVENTION CENTER AUTHORITY FOR FUNDING IN THE AMOUNT OF
$50,000 FOR THE CITY'S CENTENNIAL CELEBRATION IN 2015; 7) MIAMI-
DADE COUNTY HOMELESS TRUST FOR FUNDING FOR FISCAL YEAR
(FY) 2014/15 PRIMARY CARE HOUSING AND SERVICES FUNDS IN THE
APPROXIMATE AMOUNT OF $62,373 FOR THE CITY'S HOMELESS
OUTREACH PROGRAM; 8) MIAMI-DADE COUNTY HOMELESS TRUST
FOR FISCAL YEAR (FY) 2014/15 FUNDING IN THE APPROXIMATE
AMOUNT OF $25,000 FOR IDENTIFICATION ASSISTANCE THROUGH THE
CITY'S HOMELESS OUTREACH PROGRAM; 9) FRIENDS OF THE BASS
MUSEUM INC., STATE OF FLORIDA, CULTURAL FACILITIES GRANT
PROGRAM FOR FUNDING IN THE AMOUNT OF $216,034 FOR THE
RENOVATION OF THE BASS MUSEUM; 10) FRIENDS OF THE BASS
MUSEUM INC.: STATE OF FLORIDA, DIVISION OF HISTORICAL
RESOURCES, SPECIAL CATEGORY GRANT PROGRAM FOR FUNDING IN
THE AMOUNT OF $3509000 FOR THE BASS MUSEUM INTERNAL
EXPANSION PROGRAM; APPROVING AND AUTHORIZING THE
APPROPRIATION OF THE ABOVE GRANTS AND FUNDING REQUESTS,
INCLUDING ANY REQUISITE MATCHING FUNDS AND CITY EXPENSES;
AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
Commission Memorandum
Page 2
TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS AND
FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT/FUNDING AGREEMENTS AND AUDITS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to the Children's Trust Out of Schools Program
for funding in the approximate amount of $400,000 for the City's Summer and
After School Program.
The Children's Trust Out-of-School Program provides funding for summer camps and
after-school programs that stimulate academic, athletic, cultural and social learning in a
nurturing and supervised environment while parents are working and during times of day
when adolescents are most prone to at-risk behavior. The program provides after
school services to approximately 250 children ages 5-12 years old residing primarily in
the City of Miami Beach and offers activities to children, including physical fitness,
nutrition education, homework and literacy support. Program goals are to improve
academic skills and literacy and improve physical health and fitness.
Last year, the City was awarded funding in the amount of $309,180; this year the
Administration is planning to expand the Children's Trust-funded program to other sites
citywide. Therefore, the Administration anticipates that the grant request will be
approximately $400,000. This program supports the key intended outcome to induce
public school accountability mainly at the Middle School. This grant does not require
matching funds.
2. Approval to submit an application to Bloomberg Philanthropies Public Art
Challenge for funding in the approximate amount of $500,000 for a temporary
Public Art project in partnership with the Wolfsonian/FIU
The goal of the Bloomberg Public Art Challenge is to support innovative temporary
public art projects that enhance the quality of life in cities. Bloomberg Philanthropies
Public Art Challenge will grant at least three cites up to $1 million each to support
temporary public art projects that celebrate creativity, enhance urban identity, encourage
public-private partnerships, and drive economic development. The application must be
on behalf of collaboration between a city and an artist and/or arts organization.
The City, in collaboration with the Wolfsonian will propose the creation of a temporary
greenspace with landscape art and seating on the sidewalk/plaza in front of The
Wolfsonian — Florida International University at the corner of 10th Street and Washington
Avenue. Modeled after successful temporary public art spaces in Ney York City, this
streetscape project will set the stage for a series of commissioned outdoor projections
and art installations on the sidewalk in front of the museum. The City, in partnership with
The Wolfsonian, will create a unique, community-centered urban intervention,
transforming a pedestrian throughway.
i
Commission Memorandum
Page 3
The grant request will be for $500,000 and both the City and the Museum will contribute
in-kind costs to this project. Additional proposed sources of funds include donations.
This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination.
3. Approval to submit an application to South Florida Water Management District
(SFWMD) in the approximate amount of$2.5 million for an alternative stormwater
outfall project
The South Florida Water Management District (SFWMD) is a regional governmental
agency that oversees the water resources in the southern half of the state, covering 16
counties from Orlando to the Florida Keys and serving a population of 8.1 million
residents. It is the oldest and largest of the state's five water management districts.
Created in 1949, the agency is responsible for managing and protecting water resources
of South Florida by balancing and improving water quality, flood control, natural systems
and water supply. The mission of SFWMD is to manage and protect water resources of
the region by balancing and improving water quality, flood control, natural systems and
water supply.
SFWMD provides funding for stormwater management projects, alternative water supply
projects and water conservation projects. The Administration intends to apply for
funding from SFWMD for alternative stormwater outfall. As a result, climate change and
sea level rise, the frequency of flooding within the City Miami Beach has increased
significantly in recent years. Frequent, less severe flooding of streets and low-lying
areas occurs during spring high tides and afternoon thunderstorms in the summertime,
causing inconvenience, minor property damage and increased concern for mosquito
breeding in stagnant pools of water. More severe flooding causing significant property
damage generally occurs during intense storm events including hurricanes and when
high tides coincide with thunderstorms.
The City has taken action to develop a series of mitigation strategies including citywide
stormwater system upgrades, new stormwater pump stations and considerations for
developing alternative outfalls for stormwater discharge, and code revisions to develop
long-term sustainability guidelines and policies.
One such alternative stormwater outfall and sustainability policy being considered is the
use of Class V, Group 6 stormwater drainage wells or the use of Aquifer Storage and
Recovery technology. The City intends to construct a pilot well located generally in the
Flamingo Park area of South Beach, to determine the feasibility of implementing an
aquifer recharge system below the underground sources of drinking water as a means of
managing stormwater on a citywide basis. In addition, the City wishes to look at the
feasibility of managed aquifer recharge systems to store excess stormwater and to
provide it as a source for non-potable and irrigation uses. The objectives of the initial
phase of the managed aquifer recharge program using excess stormwater would be to
determine suitable storage/recharge horizons within the Floridan aquifer by drilling an
exploratory-test stormwater well. The construction and testing costs associated with the
exploratory-test Class V Drainage well is estimated to be $5 million dollars. As such, the
grant request will be for $2.5 million, and the City will contribute matching funds in the
amount of $2.5 million from Proposed Stormwater Bonds (Flamingo 10g-6 Street ROW
Improvements). This grant supports the key intended outcome to ensure reliable storm
Commission Memorandum
Page 4
water management and resiliency against flooding by implementing select short and
long-term solutions including addressing sea-level rise.
4. Retroactive approval to submit an application to the Florida Department of
Environmental Protection, Florida Recreation Development Assistance Program
in the proximate amount of$165,000 for Renovation of Polo Park.
The Florida Recreation Development Assistance Program (FRDAP) is a competitive
program which provides grants to local government entities for acquisition and
development of land for public outdoor recreation use. The Florida Department of
Environmental Protection (DEP) administers the FRDAP program.
The administration has requested funding in the amount of $165,000 for renovations to
Polo Park. The scope of work for this project includes new playground with shade
structure and safety surface, renovation of swings, benches, landscaping and irrigation.
This grant requires matching funds and the source of matching funds in the amount of
$165,000 is Pay-As-You-Go funds. This grant supports the key intended outcome
maximize the Miami Beach brand as a world-class destination.
5. Retroactive approval to submit an application to US Department of Commerce,
Economic Development Administration (EDA) for the FY 2014 Regional
Innovation Grants Program for Funding in the approximate amount of $215,000
for the Convention Center Expansion and District Transportation Master Plan
Proiect.
The US Economic Development Administration, under the Department of Commerce
provides funding for innovation, regional collaboration and job creation through its
Regional Innovation Strategies Program. The main strategies are regional capacity
building; supporting innovation elements, commercialization centers, infrastructure
planning and seed capital; revenue generation and job creation. The program focus is to
contribute to economic growth and regional connectivity (connecting economic
development and commercialization resources) is a primary focus.
Miami Beach faces transportation challenges as a result of its unique land use and
geographical attributes, which includes a lack of available land and limited regional
connectivity. These and other factors require the City to utilize a combination of
innovative technology, transit demand management strategies and multi-modal
transportation system development to address its current traffic congestion. Despite high
ridership, heavy congestion has resulted in an unreliable bus system. The provision of
reliable alternative transportation modes and transit system enhancements, including
bus rapid transit technology, is necessary to address the City's multi-modal
transportation needs.
The Administration has submitted a requested for funding in the amount of $215,000 for
the Planning portion of the City Center District Transportation Master Plan. The
proposed scope of work incorporates extensive data collection and analysis, an
assessment of existing conditions and future needs, the development of mobility projects
and an implementation plan. It will address the spatial requirements of elements
necessary for effective, safe and secure multi-modal transportation solutions integrated
into normal roadway operations. The total cost of the project is estimated to be
approximately $430,000. As such, the Administration is requesting funding for in the
Commission Memorandum
Page 5
amount of approximately $215,000 for the City Center District Transportation Master
Plan. If awarded, the Administration will request matching funds during the FY 15/16
Capital Budget process. This project supports the key intended outcome to commission
a comprehensive mobility plan which gives priority recommendations (from non-
vehicular to vehicular and including parking.
6. Retroactive approval to submit an application to the Miami Beach Visitor and
Convention Authority for funding in the amount of $50,000 for the City's
Centennial Celebration
The MBVCA is a seven member authority, appointed by the City of Miami Beach
Commission, with the goal of encouraging, developing and promoting the image of
Miami Beach locally, nationally and internationally as a vibrant community and superb
tourist destination. To this end, the MBVCA strategically focuses its funding investments
in a balanced manner, fostering outstanding existing programs, stimulating new
activities, and encouraging partnerships. The MBVCA is committed to a long-term plan
for allocation of resources to build the uniqueness of Miami Beach as one of the world's
greatest communities and tourism destinations. The MBVCA's Tourism Advancement
Program support initiatives, major one time special events and special project that
develop tourism.
Beginning on March 22, 2015 and running for 100 straight hours to end on March 26,
2015 there will be non-stop events throughout the City of Miami Beach. Each of these
events will celebrate the history and culture of Miami Beach. Events will include a 100
years of fashion, 100 years of cars, 100 years of photography, and all will be leading up
to the final show of a large multi-artist concert on the beach. All of these events will be
presented without admission charge. As such, the Administration intends to apply for
funding in the amount of $50,000 for the Centennial Celebration. Matching funds are
required of this grant, and are available in Resort Tax Account #160-4300-000312. This
project supports the key intended outcome to maximize the Miami Beach brand as a
world-class destination.
7. Retroactive approval to submit a grant application to Miami-Dade County
Homeless Trust for Fiscal Year (FY) 2014/15 Primary Care Housing and
Services funds in the approximate amount of $62,373 for the City's Homeless
Outreach Program.
The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and in this regard to establish and implement policies
based on the Miami-Dade County Community Homeless Plan (The Plan). The Plan is a
comprehensive continuum of care system to serve homeless persons in Miami—Dade
County.
Funds are available for short-term hotel placement for homeless families and individuals
who cannot be placed in emergency shelter due to capacity issues. This program also
provides funding for food vouchers for families while residing in placements, if food
arrangements or other resources are unavailable. The grant will provide funding in the
amount of$62,373 and matching funds are not required.
Commission Memorandum
Page 6
8. Approval to submit a grant application to Miami-Dade County Homeless Trust for
Fiscal Year (FY) 2014/15 funding in the approximate amount of $25,000 for
Identification Assistance through the City's Homeless Outreach Program
The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and to establish and implement policies based on the
Miami-Dade County Community Homeless Plan. The Plan is a comprehensive
continuum of care system to serve homeless persons in Miami-Dade County.
The Homeless Trust also has Identification Assistance funding available to provide
assistance in obtaining identification and other personal documents on behalf of
homeless individuals and families in Miami-Dade County. The funds will be used to
cover the cost of administering this program, and related costs or fees associated with
obtaining or replacing documents utilized to establish identification, such as Florida
identification cards, birth certificates, marriage certificates, school records, lawful
permanent resident cards, naturalization certificates and Florida driver's licenses. Vital
personal identification documents and official photo identification are necessary for
obtaining employment and housing.
Providing this service will help homeless individuals to become self-sufficient, and the
Identification Assistance service is part of the City's current Homeless Outreach
Program and the grant will provide funding in the amount of $25,000. The grant does
not require matching funds.
9. Retroactive approval for Friends of Bass Museum Inc., to submit an application
for funding to the State of Florida Cultural Facilities grant program for funding in
the approximate amount of $216,034 for the renovation of the Bass Museum,
and for the City to execute a restrictive covenant and all necessary documents in
connection with the aforestated -grant
The purpose of the Cultural Facilities Program is to coordinate and guide the State of
Florida's support and funding of renovation, construction, or acquisition of cultural
facilities. The Bass Museum, through The Friends of the Bass Museum Inc. has applied
for funding to the State Cultural Facilities Program to complete the internal expansion
project, which is a renovation that will increase space for exhibitions and education
programs by 47%. The Friends of the Bass Museum Inc. has requested funding in the
amount of $216,034 and matching funds are available from the Friends of the Bass
Museum, Inc. (Cash on Hand). The Friends of the Bass Museum Inc. has been notified
that the Museum has been awarded the grant.
The City of Miami Beach is the owner of the land and building where the Bass Museum
is located. As such, the State requires the City, as owner to execute a restrictive
covenant that will run with the title to the land and the cultural facility, encumber them,
and be binding upon the City for ten years following the execution of the grant award
agreement. The facility shall be maintained as a "cultural facility," defined as a building,
which shall be used primarily for the programming, production, presentation, exhibition
or any combination of the functions of cultural disciplines. The restrictive covenant will
be violated if the Grantee, the Owner, or their successors in interest do not use or cease
to use the facility as a cultural facility, within ten years following the execution of the
grant award agreement. If the Grantee violates this restrictive covenant, it shall repay
Commission Memorandum
Page 7
the grant funds to Division pursuant to an amortization schedule. A copy of the
Restrictive Covenant is attached to this agenda item as Exhibit A. This project supports
the key intended outcome to maximize the Miami Beach brand as a world-class
destination.
10. Retroactive approval for the Friends of The Bass Museum Inc. to submit a grant
application to the State of Florida Division of Historical Resources for the Special
Category Grant Program for funding for the Bass Museum Internal Expansion
Program in the amount of$350,000
The Historic Preservation Grants Program allocates state funds appropriated by the
Legislature and federal funds apportioned to the state by the U. S. Department of the
Interior, National Park Service, for the preservation and protection of the state's historic
and archaeological sites and properties. The program is administered by the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State. Two
types of grants are awarded through this program: Small Matching Grants and Special
Category Grants.
This grant requires matching funds, and the source of the match in the amount of
$350,000 will be provided by the Friends of the Bass Museum, Inc. (Cash). This project
supports the key intended outcome to enhance beauty and vibrancy of urban and
residential neighborhoods; focusing on cleanliness, historic assets, in select
neighborhoods and redevelopment areas. This project supports the key intended
outcome to maximize the Miami Beach brand as a world-class destination.
CONCLUSION
A Resolution approving and authorizing the City Manager or his designee to take the
following actions: 1) Submit a grant application to Children's Trust Out of Schools
Program for funding for the City's Summer and After School Program; 2) Submit an
application to Bloomberg Philanthropies Public Art Challenge for funding in the
approximate amount of $500,000 for a temporary Public Art project; 3) Submit an
application to the South Florida Water Management District in the approximate amount
of $2.5 million for an alternative stormwater outfall project; and retroactive approval for
the following submittals: 4) Florida Department of Environmental Protection, Florida
Recreation Development Assistance Program in the proximate amount of $165,000 for
Renovation of Polo Park; 5) US Department of Commerce, Economic Development
Administration (EDA) for the FY 2014 Regional Innovation Grants Program for Funding
in the approximate amount of $215,000 for the Convention Center Expansion and
District Transportation Master Plan Project; 6) State of Florida, Cultural Facilities Grant
Program for funding in the approximate amount of $216,034 for the Renovation of the
Bass Museum; 7) Miami-Dade County Homeless Trust for Fiscal Year (FY) 2014/15
Primary Care Housing and Services funds in the approximate amount of $62,373 for the
City's Homeless Outreach Program; 8) Miami-Dade County Homeless Trust for Fiscal
Year (FY) 2014/15 funding in the approximate amount of $25,000 for Identification
Assistance through the City's Homeless Outreach Program; 9) Friends of Bass Museum
Inc., to submit an application for funding to the State of Florida Cultural Facilities grant
program for funding in the approximate amount of $216,034 for the renovation of the
Bass Museum, and for the City to execute a restrictive covenant and all necessary
documents in connection with the aforestated grant; 10) Friends of The Bass Museum
Inc. to submit a grant application to the State of Florida Division of Historical Resources
Commission Memorandum
Page 8
for the Special Category Grant Program for funding for the Bass Museum Internal
Expansion Program in the amount of $350,000; approving and authorizing the
appropriation of the above grants and funding requests, including any requisite matching
funds and city expenses; and further authorizing the City Manager or his designee to
take all necessary steps and execute all necessary documents in connection with the
aforestated grants and funding requests, including, without limitation, applications,
grant/funding agreements and audits.
JLM/JW/JMH
T:\AGENDA\2014\November\Grants Memo.docx
EXHIBIT A
RESTRICTIVE COVENANT
(Grantee leases land and building.)
THIS RESTRICTIVE COVENANT is hereby entered into this
day of ' 20 , by City of Miami Beach, hereinafter
referred to as the "Owner"; Friends of the Bass Museum, Inc.,
hereinafter referred to as the "Grantee;" and the State of Florida,
Department of State, Division of Cultural Affairs, hereinafter referred to as
the "Division".
WHEREAS, the Owner is the fee simple title holder of the building(s) and the underlying land
located at 2100 Collins Avenue, Miami Beach, Florida 33139. A legal description of the subject
property is attached as Exhibit A and made a part of this covenant.
WHEREAS, the Grantee leases the building(s) and underlying land from the Owner, City of
Miami Beach. "Facility" is used herein to refer to the building(s) and the associated land that will
be used as a "cultural facility," as defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in the
amount of $ 216,034.00, to be administered by the Division and used only for the acquisition,
renovation, and construction of the cultural facility in accordance with Section 265.701(1), Florida
Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to require
the recordation of this restrictive covenant to ensure that the facility will be used as "cultural
facility," as defined herein, for at least (10) ten years following the execution of the grant award
agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant and in accordance
with Section 265.701(4), Florida Statutes, the Parties hereby agree to the following:
1.) This restrictive covenant shall run with the title to the land and the cultural facility,
encumber them, and be binding upon the Grantee, the Owner and their successors in interest for
ten (10) years following the execution of the grant award agreement.
2.) The grant award shall only be expended for
Project Title: Bass Museum of Art Internal Expansion Project - Grant# 15.9.200.574
3.) The Parties agree that for the required duration of this covenant, all improvements to the
facility and the associated land, funded in whole or part by grant funds shall be owned by the
Owner.
4.) The Division has the right to inspect the facility and the associated land at all
reasonable times to determine whether the conditions of the grant award agreement and this
covenant are being complied with.
5.) The facility shall be maintained as a "cultural facility," defined as a building which shall
be used primarily for. the programming, production, presentation, exhibition or any
combination of the above functions of any of the cultural disciplines, such as: music, dance,
theatre, creative writing, literature, painting, sculpture, folks arts, photography, crafts, media
arts, and historical and science museums.
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6.) This restrictive covenant will be violated if the Grantee, the
Owner, or their successors in interest do not use or cease to use the
facility as a cultural facility, as defined herein, and as required by
Section 265.701(4), F.S., within ten (10) years following the execution
of the grant award agreement. If the Grantee violates this restrictive
covenant, it shall repay the grant funds to Division pursuant to the
amortization schedule set forth below:
a. If the violation occurs within five (5) years following the execution of
the grant award agreement, 100% of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following execution of
the grant award agreement, 80% of the grant amount;
C. If the violation occurs more than six (6) but less than seven (7) years following execution of
the grant award agreement, 65% of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years following execution
of the grant award agreement, 50% of the grant amount;
e. If the violation occurs more than eight (8) but less than nine (9) years following execution
of the grant award agreement, 35% of the grant amount; and
f. If the violation occurs more than nine (9) but less than ten (10) years following execution of
the grant award agreement, 20% of the grant amount.
7.) The amount due as a result of Grantee's violation of this restrictive covenant shall be
due in full within 90 days of the violation, or some other period of time as agreed upon by the
parties.
8.) If the entire amount due under the paragraph (6.) is not repaid by the Grantee within
the time allotted, the Parties agree that the Division may obtain a stipulated judgment against
the Grantee for the amount due plus interest at the current legal rate, and record it in the
public records of the county where the facility is located. The Parties further agree that such a
judgment shall be a stipulated judgment by virtue of full execution of this restrictive covenant;
that it shall not require further approval of the Grantee or the Owner to obtain; and that no
trial or hearing shall be necessary to make such a stipulated judgment legally effective. Such a
stipulated judgment, when recorded, shall be considered a valid lien upon the Grantee's
interest in the facility and the associated land, including all improvements made in whole or in
part with grant funds.
9.) As a condition to receipt of the grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court of Miami-Dade
County, Florida;
b. Pay all fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division and to the Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
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IN WITNESS WHEREOF, the Grantee and the Owner hereby affirm
that they have read this restrictive covenant; that they understand and
agree to its terms; and that they hereby affix their signatures accordingly.
WITNESSES: PARTIES:
First Witness Signature GRANTEE SIGNATURE
First Witness Name (print) GRANTEE NAME (print)
Second Witness Signature GRANTEE ADDRESS
Second Witness Name (print) City State Zip
The State of Florida County of
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
personally
(Name)
appeared as for
(Position) (Name of Qualifying Entity)
known to me to be or proved to my satisfaction that he/she is the person described in and who ex-
ecuted the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My commission expires:
[SEAL]
3 of 5
First Witness Signature OWNER SIGNATURE
First Witness Name (print) OWNER NAME (print)
Second Witness Signature OWNER ADDRESS
Witness Name (print) City State Zip
The State of Florida County of
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
personally
(Name)
appeared as for
(Position) (Name of Qualifying Entity)
known to me to be or roved to satisfaction that he/she is the person described in and who executed
P Y / P
the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My commission expires:
[SEAL]
4 of 5
First Witness Signature DIVISION OF CULTURAL AFFAIRS
First Witness Name (print) DIV. REPRESENTATIVE NAME (print)
R.A. Gray Building
Second Witness Signature 500 S. Bronough St.
Tallahassee, Florida
32303
Second Witness Name (print)
The State of Florida County of
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
personally
(Name)
appeared as for the Florida Department of State, Division of
(Position)
Cultural Affairs known to me to be or proved to my satisfaction that he/she is the person described
in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at , Florida on
Notary Public in and for
The State of
My Commission expires:
[SEAL]
Page 5/5
EXHIBIT B
2016 Special Category Application
OWNER CONCURRENCE FORM
This form is required for all site specific projects involving property
not owned by the applicant organization.
If the applicant does not own the property,the owner of record must sign the following statement
indicating concurrence with the proposed project and this application for grant assistance.
I,the undersigned,am the owner or duly authorized representative of the property identified under item 3.
Project Title and Location Information(Name of Property)of this application and hereby
acknowledge my support for and full concurrence with this application.
Name(print or type)
Title
Organization or Agency
Signature
Date
Address
City State Zip
Daytime telephone
FAX Number
Email Address
Special Category Grant Application Form BR3E0410705SM
Effective October 14,2009
Reference:Rule IA-39.007(8),F.A.C.