RESOLUTION 90-20103 RESOLUTION NO. 90-20103
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH THAT THE CITY ENTER INTO AN AGREEMENT WITH MELVIN
J. RICHARD AMENDING THE BASS MUSEUM AGREEMENT TO PROVIDE
THAT THE CHAIRMAN OF THE BOARD OF DIRECTORS OF THE MIAMI
BEACH CHAMBER OF COMMERCE BE DESIGNATED AS A MEMBER OF
THE BOARD OF TRUSTEES IN LIEU AND IN PLACE OF THE
PRESIDENT OF THE MIAMI BEACH CHAMBER OF COMMERCE.
WHEREAS, under the terms of the agreement for creation,
maintenance and operation of the Bass Museum of Art (herein
designated as the "MUSEUM") dated July 8, 1963 between John and
Johanna Bass (designated therein and herein as "BASS") and the City
of Miami Beach, a municipal corporation of the State of Florida
(designated therein and herein, as "CITY") , and as amended on June
17, 1988, it is provided that " [t]he hanging, display, placement,
management and day-to-day operation of the Museum and of the
COLLECTION (which constitutes that art contributed by BASS) shall
be entrusted to a Board of Trustees appointed by the City
Commission of the City, " composed of the holders from time to time
of the following offices:
a) City Manager of the City of Miami Beach.
b) President of the Friends of the Bass Museum.
c) President of the Miami Beach Chamber of Commerce.
d) Two members of the John and Johanna Bass family or their
lineal descendants. Initially these two positions shall be filled
in the following order - Roger William Bass, Robert Earl Bass, and
Eric Ralph Bass. Subsequent representatives of the BASS family
shall be selected by members of said family. In the event more than
two members of the BASS family claim a place on the Board of
Trustees, the remaining members of the Board of Trustees shall seat
the eldest claimant who is the issue of Roger William Bass and the
eldest claimant who is the issue of Robert Earl Bass; and
WHEREAS, the Miami Beach Chamber of Commerce has changed its
structure as follows: the President of the Chamber of Commerce is
now the Chairman of the Board and the Executive Director is now the
President, and
WHEREAS, there i s, therefore, the need to amend said agreement
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 6737010
CC_C'
COMMISSION MEMORANDUM NO. l l k,
DATE: crimhr 19, 1990
TO: Mayor Alex Daou. •nd =_
Members of t , City Com `
`10,1
FROM: Rob W. Pa ins
City Manager •O,
SUBJECT: AMENDMENT TO THE AGREEMENT BETWEEN MELVIN J. RICHARD, AS
TESTAMENTARY DEVISEE UNDER THE WILL OF JOHN BASS, IN
BEHALF OF JOHN AND JOHANNA BASS, AND THE CITY OF MIAMI
BEACH, RELATING TO THE DESIGNATION OF INDIVIDUALS TO THE
BOARD OF TRUSTEES
This amendment will provide that the Chairman of the
Board of Directors of the Miami Beach Chamber of Commerce
be designated as a member of the Board of Trustees in
lieu and in place of the President of the Miami Beach
Chamber of Commerce.
ADMINISTRATION RECOMMENDATION:
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AGENDA e )4
ITEM
DATE CT-- 1 - 9% 0
AMENDMENT TO BASS AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this 21st day of
September , 1990, by and between the CITY OF MIAMI BEACH,
a Florida municipal corporation (hereinafter referred to as the
"CITY") and MELVIN J. RICHARD (hereinafter referred to as
"RICHARD") as Testamentary Devisee under the will of JOHN BASS, in
behalf of JOHN and JOHANNA BASS (hereinafter referred to as
"BASS") .
WITNESSETH as follows:
WHEREAS, the CITY and BASS entered into an agreement July 8,
1963 for the donation by BASS to the CITY of a substantial and
valuable art collection, known as the JOHN and JOHANNA BASS
collection (hereinafter referred to as the "COLLECTION") and for
the creation, maintenance and operation of the BASS MUSEUM OF ART
(hereinafter referred to as the "MUSEUM") to house the COLLECTION,
and
WHEREAS, paragraph 14 of the Agreement as amended on June 17 ,
1988 , provides that " [t]he hanging, display, placement, management
and day-to-day operation of the Museum and of the COLLECTION shall
be entrusted to a Board of Trustees appointed by the City
Commission of the City of Miami Beach, to be composed of the
holders from time to time of the following offices:
(a) City Manager of the City of Miami Beach.
(b) President of the Friends of the Bass Museum.
(c) President of the Miami Beach Chamber of Commerce.
(d) Two members of the John and Johanna Bass family or their
lineal descendants. Initially these two positions shall' be filled
in the following order - Roger William Bass, Robert Earl Bass, and
Eric Ralph Bass. Subsequent representatives of the BASS family
shall be selected by members of said family. In the event more than
two members of BASS family claim a place on the Board of Trustees,
the remaining members of the Board of Trustees shall seat the
eldest claimant who is the issue of Roger William Bass and the
eldest claimant who is the issue of Robert Earl Bass" ; and
WHEREAS, the Miami Beach Chamber of Commerce has changed its
structure as follows: the President of the Chamber of Commerce is
now the Chairman of the Board and the Executive Director is now the
President, and
WHEREAS, there is, therefore, the need to amend said agreement
to provide for a replacement for the President of the Miami Beach
Chamber of Commerce on the MUSEUM' s Board of Trustees, and
WHEREAS, under the will of John Bass, dated May 12 , 1976, the
said John Bass, now deceased, assigned to Melvin J. Richard, all
of his right, title and interest under any and all agreements,
including the aforesaid Bass Museum agreement, made with the CITY,
and
WHEREAS, the remaining members of the MUSEUM' s Board of
Trustees unanimously adopted a Resolution recommending that the
CITY and RICHARD enter into an agreement amending the aforesaid
agreement to provide that the Chairman of the Board of Directors
of the Miami Beach Chamber of Commerce be designated as a member
of the Board of Trustees in lieu and in place of the President of
the Miami Beach Chamber of Commerce, and
WHEREAS, the City or. September 19 , 1990, adopted
Resolution No. 90-20103 to that effect, and
NOW, THEREFORE, it is hereby agreed by the parties hereto that
paragraph 14 of the aforesaid amended Agreement of June 17 , 1988
be and it is hereby amended to read as follows:
14 . The hanging, display, placement, management and day-to-
day operation of the MUSEUM and of the COLLECTION shall be
entrusted to a Board of Trustees appointed by the City Commission
of the City of Miami Beach, to be composed of the holders from time
to time of the following offices:
(a) City Manager of the City of Miami Beach.
(b) President of the Friends of the Bass Museum.
(c) Chairman of the Board of Directors of the Miami Beach
Chamber of Commerce.
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(d) Two members of the John and Johanna Bass family or their
lineal descendants. Initially these two positions shall be filled
in the following order - Roger William Bass, Robert Earl Bass, and
Eric Ralph Bass. Subsequent representatives of the BASS family
shall be selected by members of said family. In the event more than
two members of BASS family claim a place on the Board of Trustees,
the remaining members of the Board of Trustees shall seat the
eldest claimant who is the issue of Roger William Bass and the
eldest claimant who is the issue of Robert Earl Bass.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals this 21st day of September , 1990.
CITY OF uIAM :EAC
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Apr� J
OR
row APPROVED
ATTEST:
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WIT SES: FOR JOHN AND JOHANNA BASS:
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MELVIN J. RI HARD,
Testament Devisee under
Will of *FIN BASS
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to provide for replacement of the President of the Miami Beach
Chamber of Commerce; and
WHEREAS, this Board deems it appropriate to designate the
Chairman of the Board of Directors for the Miami Beach Chamber of
Commerce as the replacement member of the MUSEUM's Board of
Trustees; and
WHEREAS, under the will of John Bass, dated May 12, 1976, the
said John Bass, now deceased, assigned to Melvin J. Richard, all
of his right, title and interest under any and all agreements,
including the aforesaid Bass Museum agreement, made with the City
of Miami Beach.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the CITY enter into an agreement
with Melvin J. Richard amending the Bass Museum agreement to
provide that the Chairman of the Board of Directors for the Miami
Beach Chamber of Commerce be designated as a member of the Board
of Trustees in lieu and in place of the President of the Miami
Beach Chamber of Commerce.
PASSED and ADOPTED this 19th day of September , 1990.
Attest:
e,e_et.t-ACity Clerk
FORM APPROVED
LEGA DEPT,
/ ,
By At.t Ai
Date
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ORIGINAL
RESOLUTION NO. 90-20103
The City enter into an agreement with
Melvin J. Richard amending the Bass
Museum agreement to provide that the
chairman of the board of directors of the
Miami Beach Chamber of Commerce be
designated as a member of the Board of
Trustees in lieu and in place of the
president of the Miami Beach Chamber of
Commerce.