90-20104 ResoRESOLUTION NO.
90-20104
A RESOLUTION OF THE CITY COMHISSION OF THE CITY OF MINI
BEACH THaT THE CITY ENTER INTO AN AQREEHENT WITH HELVIN
J. RICHARD~MENDINQ THE B~S~ MUSE~A~E~NT TO PROVIDE
T~T THE BO~OF TRUSTEES OF THE BASS MUSE~
THIRTY (30) D~YS INSTE~ OF TEN (10) DAYS TO NOTIFY THE
CITY OF THE BO~ OF TRUSTEES~ TE~TI~ ACCEPT~CE OF
~T ACQUISITION TO~ETHER WITH COPIES OF THE APP~ISAL
~D THE BO~S MINUTES.
WHEREAS, under the terms of the agreement for creation,
maintenance, and operation of the Bass Museum of Art (hereinafter
referred to as the "MUSEUM") dated July 8, 1963 between John and
Johanna Bass (hereinafter referred to as "BASS") and the City of
Miami Beach, a municipal corporation of the State of Florida
(hereinafter referred to as the" CITY"), and as amended on June 6,
1979, it is provided that:
To further enhance the prestige of the BASS
collection by objects of art through donations
or other means of acquisition including
purchase when funds are available. When desired
objects of art are available through donation,
it shall be the responsibility of the Board of
Trustees to secure an appraisal, to vote
tentative acceptance or rejection within a
reasonable time, and to submit to the CITY
within 10 days notice of the Board's tentative
acceptance together with copies of the
appraisal and the Board's minutes. If the
CITY'S Board of Commissioners does not vote to
reject the donation within 60 days of the date
of notice the acceptance shall become final and
the date of acceptance shall relate back to the
date of the vote of the Board of Trustees.
And
WHEREAS, to further efficient MUSEUM management procedures,
there is the need to amend said agreement to provide for additional
time to submit the BOARD'S tentative acceptance of an art
acquisition to the CITY, and
WHEREAS, the BOARD deems it appropriate to extend the period
of time within which the BOARD must notify the City of an art
acquisition and to provide copies of the appraisal and the BOARD'S
minutes from ten (10) days to thirty (30) days, and
WHEREAS, under the will of John Bass, dated May 12, 1976, the
said John Bass, now deceased, assigned to Melvin J. Richard,
(hereinafter referred to as "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 RICHARD amending the Bass Museum agreement to provide that the
BOARD shall have thirty (30) days within which to notify the CITY
of an art acquisition and to provide copies of the appraisal and
the BOARD'S minutes.
PASSED and ADOPTED this 19th day of
Attest:
1990.
CI{~ Clerk '
FORM APPROVED
LEGAL DEPL
Date ?/'~/~ o
2
F L 0 R i D A 3 ? I 3 9
"VACA TIONLAND U. .~. A." ,
OFFICE OF THE CITY MANAGER
ROB W. PARKIN~
CITY MANAGER
CITY HALL
CONVENTION CENTER DRIVE
TELEFHONE:
COMMISSION MEMORANDUM NO. ~
tO'. Mm/~r ~ D.oudjn4----~ /"L
~.UIiJECT. City ~:.- ,
DATEz ~MM.,=,ml-,,~ 1 q _ 1 Qq(li
AMENDMENT TOTHE 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, PROVIDING FOR THE TIME FOR NOTIFICATION OF
ACCEPTANCE OF AN ART ACQUISITION
This amendment will provide that the Board of Trustee.
· hall have thirty (30) days instead of ten (10) days to
notify the city of the Board of Trustees' tentative
acceptance of an art ecqui.ition together with copies of
the appraisal and the Board's Minutes.
ADMINISTRATION RECOMMENDATION:
The Administration recommends approval of this amendment
' ' the ~r.~ Museum, ~greemen~..
.:wC '~bp
9
ITEM
DATE~
AMENDMENT TO BASS AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this 21st day of
September , 199.0, 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, on
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(6) of the Agreement as amended on June
6, 1979 provides that the Board of Trustees of the MUSEUM
(hereinafter referred to as the "BOARD") shall have the following
responsibility:
To further enhance the prestige of the BASS
collection by objects of art through donations
or other means of acquisition including
purchase when funds are available. When desired
objects of art are available through donation,
it shall be the responsibility of the Board of
Trustees to secure an appraisal, to vote
tentative acceptance or rejection within a
reasonable time, and to submit to the CITY
within 10 days notice of the Board's tentative
acceptance together with copies of the
appraisal and the Board's minutes. If the
CITY'S Board of Commissioners does not vote to
reject the donation within 60 days of the date
of notice the acceptance shall become final and
the date of acceptance shall relate back to the
date of the vote of the Board of Trustees.
And
WHEREAS, to further efficient MUSEUM management procedures,
there is the need to amend said agreement to provide for
additional time to submit the BOARD'S tentative acceptance of art
acquisitions to the CITY, and
WHEREAS, under the will of John Bass, dated May 12, 1976, the
said John Bass, now deceased, assigned to 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
unanimously adopted a Resolution recommending that the CITY and
RICHARD enter into an agreement amending the aforesaid agreement
to provide that the BOARD shall have thirty (30) days instead of
ten (10) days within which to submit notice to the City of the
BOARD'S tentative acceptance of an art acquisition together with
copies of the appraisal and the BOARD'S minutes, and
WHEREAS, the City on September 19 , 1990, adopted
Resolution No.
90-20104
to that effect, and
NOW, THEREFORE, it is hereby agreed by the parties hereto that
paragraph 14 (6) of the aforesaid amended Agreement of June 16,
1979 be and it is hereby amended to read as follows:
To further enhance the prestige of the BASS
collection by objects of art through donations
or other means of acquisition including
purchase when funds are available. When desired
objects of art are available through donation,
it shall be the responsibility of the Board of
Trustees to secure an appraisal, to vote
tentative acceptance or rejection within a
reasonable time, and to submit to the CITY
within ~ 30 days notice of the Board's
tentative acceptance together with copies of
the appraisal and the Board's minutes. If the
CITY'S Board of Commissioners does not vote to
reject the donation within 60 days of the date
of notice the acceptance shall become final and
the date of acceptance shall relate back to the
date of the vote of the Board of Trustees.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals this 2t~ day of September , 1990.
ATTEST:
City Clerk
LEGkL DEPT.
F~/~JOHN AND JOHANNA BASS:
(SEAL)
Testamen~ Devisee under
Will of J~HN BASS