Resolution 79-15918 •
RESOLUTION NO. 79-15918
A RESOLUTION OF THE CITY OF MIAMI BEACH
CITY COMMISSION ACCEPTING ALL EXHIBITS
IN THE BASS MUSEUM OF ART NOT ALREADY
ACCEPTED BY THE CITY ' OF MIAMI BEACH.
WHEREAS, JOHN BASS has donated numerous works of art
to the City of Miami Beach, for exhibition at the Bass Museum of
Art; and
WHEREAS, the said offer was made pursuant to the pro-
visions of that certain agreement between JOHN BASS and the City
of Miami Beach, dated July 8, 1963, and the pertinent portion of
which reads as follows :
"13 . BASS shall at all times hereafter have the
express privilege of making further and subsequent
donations or loans of additional art works to the
museum, which, if and when accepted by the City
(which expressly reserves the right of acceptance
or rejection) shall be added to and exhibited in
the museum. "
WHEREAS, the CITY COMMISSION OF THE CITY OF MIAMI BEACH
deems that the acceptance of said offer will result in a valuable
contribution to the cultural life of the community and its visitors;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the said offer of the
said JOHN BASS be and the same is hereby formally accepted, in
accordance with the terms and provisions of said offer and said
agreement, hereinabove referred to ;
BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that it does hereby formally express,
for itself, and on behalf of its citizens, residents and visitors,
a deep sense of appreciation for the continuing manifestations
of generosity on the part of the said JOHN BASS, with resultant
enhancement to the cultural life of the community.
PASSED and ADOPTED this 16th day of May , 1979 .
,r
Ma or
•
Attest:
City C erk
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
. ITEMS BY RESOLUTION
CATALOG NUMBERS STATUS NUMBER _ DATE
303 - 316 Donated 22 March 1971 Donated in letter to Mayor Jay Dermer
No other records to indicate action taken
317 - 322 Donated 6 May 1971 City Council did not take action on donation
323 Donated 8 May 1971 City Council did not take action on donation
324 - 395 Donated 8 November 1971 No records to indicate action taken
396 - 434 Donated 8 November 1971 No records to indicate action taken
435 - 481 Donated 8 November 1971 No records to indicate action taken
482 - 495 Donated 8 November 1971 No records to indicate action taken
496 - 500 Donated 14 January 1972 Donated in letter to Mayor Chuck Hall
No other records to indicate action taken
501 - 502 Loaned 74-14582 18 December 1974 Accepted by City Council
503 - 510 Inventoried items not cataloged
511 - 524 Inventoried items not cataloged
RESOLUTION NO. 79-15918 adopted by the Miami Beach
City Commission on May 16, 1979, accepted all items
listed herein, which were heretofore not accepted nor
any record in City Files - of any action
thereon by the City Commission.
Elaine Matthews; City Clerk
ITEMS BY RESOLUTION 6 C q7q
CATALOG NUMBERS STATUS NUMBER DATE
1 - 94 Donated 11024 3 Jul; 1963 Original gift, accepted by City Council
95 - 96 Donated 11169 4 March 1964 Accepted by City Council
- 97 - 98 Donated 12059 1 March 1967 Accepted by City Council.
99 Donated 12607 2'January 1969 Accepted by City Council
100 Donated 12447 5 June 1968 Accepted by City Council
101 Donated 6 November 1974 City Council did not accept donation
102 - 107 Donated 11815 13 April 1966 Accepted- by City Council - •
108 - 116 Donated 11240 3 June 1964 Accepted by City Council
117 Donated 6 November 1974 City Council did not accept donation
118 - 120 Donated 22 May 1978 No records of acceptance ,
121 - 128 Loaned 6 January 1965 No records of acceptance
129 - 153 Loaned Letter ' 16 December 1965 Accepted by City Council ,
154 - 156 Donated 11815 13 April 1966 Accepted by City Council
157 Loaned Letter ' 16 December 1965 Accepted by City Council .
158 - 159 Donated 11815 13 April 1966 . Accepted by City Council
160 - 162 Loaned Letter 16 December 1965 Accepted by City Council
163 - 165 Donated 12607 2 January 1969 Accepted by City Council .
166 - 174 Loaned Letter 16 December 1965 Accepted by City Council
175 - 249 Loaned 11995 14 December 1966 Accepted by City Council
250 "254 Loaned - 12305 20 December 1967 Accepted by City Council
255 Donated 12607 2 January- 1969 Accepted by City Council
256 - 268 Loaned 12305 20 December 1967 Accepted by City Council
259 - 270 Donated 11815 13 April 1966 Accepted by City Council
271 - 275 Loaned 12607 2 January 1969 Accepted by City Council
276 Loaned 12655 March 1969 Accepted by City Council
277 - 281 Loaned 12752 6 April 1969 Accepted by City Council
282 - 296 Loaned 12964 18 February 1970. Accepted by City Council
297 - 302 Donated 19 December 1970 Donated in letter to Mayor Jay Dermer ..
No other records to indicate action taken
LIST OF RESOLUTIONS AND DATES IN INVENTORY
11024 3 July 1963
11169 4 March 1964
12059 1 March 1967
12607 2 January 1969
12447 5 June 1968
11815 13 April 1966
11240 3 June 1964
Letter of
Acceptance 16 December 1965
11995 14 December 1966
12305 20 December 1967
12655 5 March 1969
12752 6 April 1969
12964 18 February 1970
74-14582 18 December 1974
79-15918 16 May 1979
y. .
C-3
)
JOHN BASS, IN THE CIRCUIT COURT OF THE 11TH
) JUDICIAL CIRCUIT IN AND FOR DADE
Claimant, COUNTY, FLORIDA
)
vs.
)
CITY OF MIAMI BEACH, CASE NO. 74-29374 (08)
Respondent.
)
IN THE MATTER OF THE ARBITRA-
TION BETWEEN )
JOHN BASS, ) CASE NO. 32-10-0093-78B
and )
1 CITY OF MIAMI BEACH )
IN THE MATTER OF THE ARBITRA- )
TION. BETWEEN
JOHN BASS, CASE NO. . 32-10-0139-78B
and
CITY OF MIAMI BEACH r.:. .
SETTLEMENT STIPULATION
•
The parties jointly stipulate that the above-styled matters
be settled on the terms and conditions set forth hereinbelow:
1. Respondent, City of Miami Beach, agrees to pay the sum
of FORTY THREE THOUSAND DOLLARS ($43, 000.00) within sixty (60) days
after approval of said Settlement Stipulation by the Miami Beach
City Commission to the Treasurer of the Bass Museum of Art Board of
Trustees, to be deposited in an account in the Board' s name. Said
- funds are only to be disbursed at the direction of the Board in
accordance with. the. By-laws of. the Bass Museum of Art Board of Trustees and
are not intended to replace the City's obligation to modify and/or
maintain the building and to keep the exhibits in good condition and
repair under the, terms of the agreement entered into on July 8 , 1963.
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
(. c
2. All purchases of materials, supplies, equipment, and .
certain contractual services of the Bass Museum made out of the
proceeds of this Settlement, shall be in the manner provided by
Chapter 31A, Purchasing, of The Miami Beach City Code except that
the Boardof Trustees shall perform the duties therein requested
of the City Commission.
3. All supplies and equipment except as provided in said
Chapter, when the estimated cost thereof shall exceed five thousand
(5, 000) shall be purchased by formal, written contract or purchase
order from the lowest and best responsible bidder, after due notice
inviting proposals; provided however, that the Bass Museum Board of
Trustees shall have the authority to waive execution of formal con-
tracts in cases where it deems it advisable to do so.
4. All final awards shall be accepted or rejected by a
majority vote of the Board of Trustees.
5. Respondent agrees to reject or accept, by appropriate
resolution, those art objects presently housed in the Bass Museum
which have not yet been so accepted in accordance with the terms of
the Agreement entered into between said parties on July 8, 1963..
6. Upon receipt of payment as required by this Settlement
Stipulation, Claimant shall dismiss these causes with prejudice, each
party to bear its own costs.
7 . This Settlement Stipulation is intended to replace all .
causes of action set forth in the above-styled matters and all claims
which were or could have been raised for costs and attorney's fees
in connection with the "prosectuion of saidcauses of action.
DATED this `l day of L -Y /� 2r,.� '� , 1979.
ROBERT L. SHEVIN
Y; City Attorney
;
•
BY= - By: '� ti t%� ► ,. �'-� -
MELVIN J. RICHARD .- "BRUCE—M. SINGER
Attorney for Claimant, John Bass -__ _Assistant City Attorney
927 Lincoln-' Road City of Miami Beach
Miami Beach, Florida 33139 1700 Convention Center Dr:
Miami Beach, Florida 33139
-2-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH.FLORIDA 33139
JOHN BASS, INTHE CIRCUIT COURT OF THE 11TH
) JUDICIAL CIRCUIT IN AND FOR DADE
Claimant, COUNTY, FLORIDA
vs..
)
CITY OF MIAMI BEACH, CASE NO. 74-29374 (08)
)
Respondent.
•
IN THE MATTER OF THE ARBITRA-
TION BETWEEN )
JOHN BASS, ) CASE NO. 32-10-0093-78B
and )
CITY OF MIAMI BEACH )
IN THE MATTER OF THE ARBITRA- )
TION BETWEEN
JOHN BASS, CASE NO. 32-10-0139-78B
and
CITY OF MIAMI BEACH
•
SETTLEMENT STIPULATION
The parties jointly stipulate that the above-styled matters
be settled on the terms and conditions set forth hereinbelow:
1. Respondent, City of Miami_ Beach, agrees to pay the sum
of FORTY THREE THOUSAND DOLLARS ($43, 000. 00) within sixty (60) days
after approval of said Settlement Stipulation by the Miami Beach
City Commission to the Treasurer of the Bass Museum of Art Board of
Trustees, to be deposited in an account in the Board' s name. Said
funds are only to be disbursed at the direction of the Board in
accordance with the By-laws of the Bass Museum of Art Board of Trustees and
are not intended to replace the City' s obligation to modify and/or
maintain the building and to keep the exhibits in good condition and
repair under the terms of the agreement entered into on July 8 , 1963 .
148
AGENDA •
ITEM 12 —/0 ^" 4'
•
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI• DATE S-16 -79
2. All purchases of materials, supplies, equipment, and
certain contractual services of the Bass Museum made out of the
proceeds of this Settlement, shall be in the manner provided by
Chapter 31A, Purchasing, of The Miami Beach City Code except that
the Board of Trustees shall perform the duties therein requested
of the City Commission.
3 . All supplies and equipment except as provided in said
_ Chapter, when the estimated cost thereof shall exceed five thousand
(5, 000) shall be purchased by formal, written contract or purchase
order from the lowest and best responsible bidder, after due notice
inviting proposals; provided however, that the Bass Museum Board of
Trustees shall have the authority to waive execution of formal con-
tracts in cases where it deems it advisable to do so.
4 . All final awards shall be accepted or rejected by a
majority vote of the Board of Trustees.
5. Respondent agrees to reject or accept, by appropriate
resolution, those art objects presently housed in the Bass Museum
which have not yet been so accepted in accordance with the terms of
the Agreement entered into between said parties on July 8 , 1963 .
6. Upon receipt of payment as required by this Settlement
Stipulation, Claimant shall dismiss these causes with prejudice, each
party to bear its own costs.
7 . This Settlement Stipulation is intended to replace all
causes of action set forth in the above-styled matters and all claims
which were or could have been raised for costs and attorney' s fees
in connection with the prosectuion of said causes of action.
DATED this day of 1979 .
By:
\p1,\\\
MELVIN J. RICHARDMayor
Attorney for Claimant, John Bass /i
927 Lincoln Road .'
Miami Beach,•' Florida 33139
/No(U<ec - 02/`-9 149
-2-
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
a ., ,
ORIGINAL
RESOLUTION NO. 79-15918
(Accepting all exhibits in the Bass
Museum of Art not already accepted by
the City of Miami Beach)
4