2016-29666 Reso RESOLUTION NO. 2016-29666
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 APPLY FOR, ACCEPT, AND
APPROPRIATE FUNDING (INCLUDING MATCHING FUNDS AND ANY
RELATED CITY EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS
OR AGREEMENTS IN CONNECTION WITH THE FOLLOWING GRANTS AND
FUNDING AGREEMENTS: 1) MIAMI-DADE COUNTY NEAT STREETS
MATCHING GRANT PROGRAM; 2) KEEP AMERICA BEAUTIFUL GRANT
PROGRAM; AND RETROACTIVELY, FOR: 3) FRIENDS OF THE BASS
MUSEUM INC., FOR AN APPLICATION TO THE STATE OF FLORIDA,
DEPARTMENT OF STATE, CULTURAL FACILITIES GRANT PROGRAM FOR
FUNDING IN THE AMOUNT OF $500,000; AND FURTHER AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE, IN SUBSTANTIAL
FORM, THE RESTRICTIVE COVENANT ATTACHED TO THIS RESOLUTION
AND ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANT.
WHEREAS, the City Administration requests approval to submit a grant application to
Miami-Dade County's Neat Streets Program, in the approximate amount of $15,000 for trees,
the details of which are as follows:
• "Neat Streets Miami" is a Miami-Dade County board dedicated to the maintenance and
beautification of transportation gateways, corridors and connections;
• The Board provides funding through the Neat Streets Program for reforestation efforts
taking place in Miami-Dade County;
• The Administration intends to request funding in the amount of$15,000 for trees;
• This grant requires matching funds in the amount of $15,000 and funding is available in
the Greenspace Management Operating budget;
• This project supports the key intended outcome to revitalize key neighborhoods, starting
with North Beach and Ocean Drive; and
WHEREAS, the City Administration requests approval to submit an application to Coca-
Cola/Keep America Beautiful Public Space Recycling Bin Grant program, the details of which
are as follows:
• The Coca-Cola/Keep America Beautiful Public Space Recycling Grant program is
designed to help communities overcome the barrier of finding recycling bins in public
spaces by providing recycling bins and promoting the idea that recycling is an activity we
do wherever our daily routine takes us;
• The grant program awards actual recycling bins to schools, government agencies,
colleges and other community organizations on a competitive basis;
• Interested parties complete an online application, designating the style and number of
bins they would like and explaining how and where they would use the bins and Keep
America Beautiful selects recipients based on the merits of their proposal according to
several criteria including need and the potential to recover the greatest amount of
recyclables;
• Keep America Beautiful arranges delivery of the bins at no cost to the grant recipients;
• This grant does not require matching funds and supports the key intended outcome to
improve cleanliness in high traffic residential and pedestrian areas, including maximizing
deployment of trash cans on every corner; and
WHEREAS, the City Administration requests retroactive approval to the Friends of Bass
Museum Inc., for an application to the State of Florida Cultural Facilities grant program for
funding in the approximate amount of $500,000 for Phase 2 of the Internal Expansion of the
Bass Museum, and authorization for the City Manager or his designee to execute, in substantial
form, the restrictive covenant attached to this Resolution as Exhibit "A", and all necessary
documents in connection with the aforestated grant, the details of which are as follows:
• 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 Phase 2 of the internal
expansion project, for construction finishings and equipment to enhance visitor
experiences at the Museum;
• The Friends of the Bass Museum Inc. has requested funding in the amount of $500,000
and matching funds in the amount of $1 million 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 and, 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; and
• 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; and
• This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby
approve and authorize the City Manager, or his designee, to apply for, accept, and appropriate
funding (including matching funds and any related City expenses), and to execute any and all
documents or agreements in connection with grants and funding requests from the following
sources: 1) Miami-Dade County Neat Streets Matching Grant Program; 2) Keep America
Beautiful Grant Program; and retroactively, for: 3) Friends Of The Bass Museum Inc., for an
application to the State Of Florida, Department Of State, Cultural Facilities Grant Program for
funding in the amount of $500,000; and further authorize the City Manager or his designee to
execute, in substantial form, the restrictive covenant attached to this Resolution and all
necessary documents in connection with the aforestated grant.
PASSED and ADOPTED this /9 day of .CPC-ern/JP r , 2016.
/
ilip Levine, Mayor
ATTEST:
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APPROVED AS TO
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DRAFT
RESTRICTIVE COVENANT
(Grantee leases land and building from Govt. Entity.)
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 Ave, Miami Beach, FL 33139. Miami-Dade County. 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 from
"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 $500.000, 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 Phase 2 (17.9.200.5661
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.
Page 1 of 5
EXHIBIT
•i
S
•
DRAFT
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 to obtain; and that no trial or hearing
shall be necessary to make such a stipulated judgment legally effective. The Division shall
have the right to enforce the stipulated judgment by resorting to any legal or equitable
available remedy including an action for specific performance.
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.
Page 2 of 5
DRAFT
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]
Page 3 of 5
DRAFT
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 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 4 of 5
DRAFT
For the Division of Cultural Affairs:
R.A. Gray Building
500 S. Bronough St.
Tallahassee, Florida 32303
Sandy Shaughnessy, Director
First Witness Signature First Witness Name (Print)
Second Witness Signature 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]
This document was prepared by the following individual:
Name: Teri Abstein
R. A. Gray Building
500 South Bronough Street
Tallahassee, FL 32399-0250
Page 5/5
Resolutions - C7 N
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
SUBJECT: 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 APPLY FOR, ACCEPT, AND APPROPRIATE
FUNDING (INCLUDING MATCHING FUNDS AND ANY RELATED CITY
EXPENSES), AND EXECUTE ANY AND ALL DOCUMENTS OR AGREEMENTS IN
CONNECTION WITH THE FOLLOWING GRANTS AND FUNDING
AGREEMENTS: 1) MIAMI-DADE COUNTY NEAT STREETS MATCHING GRANT
PROGRAM; 2) KEEP AMERICA BEAUTIFUL GRANT PROGRAM; AND
RETROACTIVELY, FOR: 3) FRIENDS OF THE BASS MUSEUM INC., FOR AN
APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT OF STATE,
CULTURAL FACILITIES GRANT PROGRAM FOR FUNDING IN THE AMOUNT OF
$500,000; AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE, IN SUBSTANTIAL FORM, THE RESTRICTIVE
COVENANT ATTACHED TO THIS RESOLUTION AND ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANT.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit a grant application to Miami-Dade County's Neat Streets
Program, in the approximate amount of$15,000 for trees
Formerly known as the Community Image Advisory Board, "Neat Streets Miami" is a Miami-
Dade County board dedicated to the maintenance and beautification of transportation gateways,
corridors and connections. The Board provides funding through the Neat Streets Program for
reforestation efforts taking place in Miami-Dade County.
The Administration intends to request funding in the amount of $15,000 for trees. This grant
requires matching funds in the amount of $15,000 and funding is available in the Greenspace
Management Operating budget. This project supports the key intended outcome to revitalize
key neighborhoods, starting with North Beach and Ocean Drive.
2 . Approval to submit a grant application to the Coca-Cola/Keep America Beautiful
Page 429 of 1191
Public Space Recycling Grant
The Coca-Cola/Keep America Beautiful Public Space Recycling Bin Grant is designed to help
communities overcome the barrier of finding recycling bins in public spaces by providing
recycling bins and promoting the idea that recycling is an activity we do wherever our daily
routine takes us.
The grant program awards actual recycling bins to schools, government agencies, colleges and
other community organizations on a competitive basis. Interested parties complete an online
application, designating the style and number of bins they would like and explaining how and
where they would use the bins. Keep America Beautiful selects recipients based on the merits
of their proposal according to several criteria including need and the potential to recover the
greatest amount of recyclables. Keep America Beautiful arranges delivery of the bins at no cost
to the grant recipients.
This grant does not require matching funds and supports the key intended outcome to improve
cleanliness in high traffic residential and pedestrian areas, including maximizing deployment of
trash cans on every corner.
3 . Retroactive approval for the Friends of Bass Museum Inc., for an application to the
State of Florida Cultural Facilities grant program for funding in the approximate amount of
$500,000 for Phase 2 of the Internal Expansion 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 Phase 2 of the internal expansion project, for
construction finishings and equipment to enhance visitor experiences at the Museum. The
Friends of the Bass Museum Inc. has requested funding in the amount of $500,000 and
matching funds in the amount of $1 million 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 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.
CONCLUSION
Page 430 of 1191
Based on the aforestated analysis, the Administration recommends that the Mayor and City
Commission ado pt the Resolution to apply for, accept and appropriate funds for the
abovementioned grants and funding agreements.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Expenditure Trends Are Sustainable Over The Long Term
FINANCIAL INFORMATION
N/A
Amount 1 Miami-Dade Account 1 Matching Funds: $15,000 Greenspace
County Neat Management Operating Budget
Streets Grant
Program
Grant:
$15,000.
Amount 2 Coca- Account 2 No Matching Funds
Cola/Keep
America
Beautiful
Public Space
Recycling
Grant Program
Grant:
Recycling Bins
Amount 3 State of Account 3 Matching Funds: $1,000,000 Friends of the
Florida Bass Cash on Hand
Cultural
Facilities Grant
Program
Grant:
$500,000
Legislative Tracking
Budget and Performance Improvement
ATTACHMENTS:
Description
o Resolution
Page 431 of 1191