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 COLT~CTION,
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 on 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.
(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.
ATTEST:
city ~Ie~rk ~t "'//~ %;
_LGAL DEPT.
FOR JOHN AND JOHANNA BASS:
(SEAL)
Te. stament~J Devisee under
Will of J~N BASS