99-23308 RESO
RESOLUTION NO.
99-23308
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A STATE OF
FLORIDA- DIVISION OF CULTURAL AFFAIRS GRANT, IN THE AMOUNT OF $500,000
FOR THE RENOVATION AND EXPANSION OF THE BASS MUSEUM; AND
APPROPRIATING THE AWARDED FUNDS IN COMPLIANCE WITH THE TERMS OF
THE GRANT.
WHEREAS, the expansion and renovation project for the Bass Museum of Art (Project) has
been adopted by the Board of Trustees, the Board of the Friends of the Bass Museum, Inc.. and the
Mayor and City Commission; and
WHEREAS, the City has appropriated $3,600,000 to the Project by Resolution No. 93-
20726, for $1,265,560, and Resolution No. 94-21319, for $2,334,440; and
WHEREAS, on April 14, 1999 the Bass Museum was awarded a 1999-2000 Cultural
Facilities Grant from the State of Florida- Division of Cultural Affairs for the Project; and
WHEREAS, the Bass Museum has been recognized by the State of Florida as a major
cultural institution and was one of thirty institutions in the State of Florida to be recommended for
funding of this Grant; and
WHEREAS, no new City funds beyond the already committed $3,600,000 will be required
to match this Grant; and
WHEREAS, the Mayor and City Commission previously appropriated four State of Florida
Cultural Facilities Matching Grants, totalling $1,606,251, all of which have been expended by the
April 1, 1999 deadline.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager is
authorized to accept a State of Florida Cultural Facilities Grant, in the amount of $500,000, for the
Bass Museum Expansion and Renovation Project; and appropriating the funds in compliance with the
terms of the Grant.
PASSED AND ADOPTED TIDS 22nd DAY OF SEPTEMB~ 1999.
A TTE}1T: APPROVED AS TO ~ Mayor
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO.
<.13-911
TO:
Mayor Neisen O. Kasdin and
Members 'of the City mission
DATE: September 22,1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL I OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT A STATE OF FLORIDA- DIVISION OF
CULTURAL AFFAIRS GRANT, IN THE AMOUNT OF $500,000 FOR
RENOVATION AND EXPANSION OF THE BASS MUSEUM; AND
APPROPRIATING THE AWARDED FUNDS IN COMPLIANCE WITH THE
TERMS OF THE GRANT.
ADMINISTRATION RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
The expansion and renovation project for the Bass Museum of Art was approved by the Mayor and
the City Commission, reconfirming a commitment of $3, 600,000 to the project (Resolution 93-
20726 for $1,265,560 and Resolution No. 94-21319 for $2,334,440).
The Mayor and the City Commission has previously received and appropriated four State of Florida
Cultural matching grants totaling $1,606,251 and expended the funds by the deadline of 4/01/99.
The Bass Museum was one of thirty organizations Statewide to be recommended for funding by the
Division of Cultural Affairs. The grant awarded on April 14, 1999 will be received in time for the
final construction phase of the project and would complete the required grants for fund-raising for
the $8,000,000 project as outlined in Commission Memorandum No. 701-94. This grant is the last
permissible for the project, as the State caps total facilities awards at $1,500,000 during a five-year
period.
Additional City funds beyond the already committed $3,600,000 will not be required to match this
grant.
AGENDAITEM~
DATE~-2.2-99
32
MEMORANDUM
SEPT. 22, 1999
P AGE TWO
CONCLUSION:
As no new City funds beyond the already committed $3,600,000 will be required to match this grant,
the Administration recommends the adoption of the attached Resolution, which authorizes the
Administration to accept a Cultural Facilities Grant from the State of Florida Division of Cultural
Affairs in the amount of $500,000 for the Bass Museum of Art renovation and construction project,
and appropriating the said grant funds.
SR:Muti'dwc
Att~~nt
T:\AGENDA \ 1999\SEP2299\CONSEN1\BASSGRNT.SOO
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33
FROM THE DESK OF
LAWRENCE A. LEVY
First Assistant City Attorney
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ATTACHMENT C:
99R507297 1999 OCT 01 12:H
RESTRICTIVE COVENANTS
The following Restrictive Covenants shall be included in all grant award agreements:
THESE COVENANTS are entered into this .l:2.- day of August , 192L,
by City of Miami Beach
hereinafter referred to as "the Owner," and City of Miami Beach, hereinafter referred to as
"the Grantee/Lessee," and shall be effective for a period of ten years from the date of
recordation by the Clerk of the Circuit Court of Dade County, Florida.
WHEREAS, the Owner is the fee simple title holder of the Property located at:
2121 Park Avenue
Miami Beach, Florida 33139
Florida, as described in Exhibit A, attached to and made a part hereof, and
WHEREAS, the Grantee/Lessee is to receive Cultural Facilities Grant Program funds
administered by the State of Florida, Department of State, Division of Cultural Affairs, 1001
DeSoto Park Drive, Tallahassee, Florida 32301, hereinafter referred to as "the Department, "
in the amount of $500.000.00, to be used for the renovation/construction/purchase of the
facility situated on the property of the Owner as described in Exhibit A, and
WHEREAS, said State funds will be expended for the purpose of:
< Renovation and ExDansion>
(DCA Ref. #2K-9019)
Now TIIEREFORE, as part ui the co..,iucration for the State grant, the Owner and
the Grantee/Lessee hereby make and declare the followi'1g restrictive covenants which shall
run with the title to said Property and be binding on the Owner and its successors in interest, if
any, for the period stated in the preamble above:
1. The Owner and the Grantee/Lessee agree to maintain the property so that it
continues to be used for a cultural facility as defmed by the annual guidelines.
2. The Owner and the Grantee/Lessee agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to
ascertain whether the conditions of the Grant Award Agreement and these covenants are being
observed.
3. The Owner and the Grantee/Lessee agree that these restrictions shall encumber
the property for a period of ten years from the date of recordation, and that if the restrictions
are violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the fIrst fIve years of the effective date of these
covenants, the Department shall be entitled to return of the entire grant amount.
b. If the violation occurs after the fIrst fIve years, the Department shall be entitled
to return of the entire grant amount, less 10 % for each year past the fIrst fIve. For instance, if
the violation occurs after the sixth anniversary of the effective date of these covenants, but
prior to the seventh anniversary, the Department shall be entitled to return of 80 % of the
original grant amount.
4. The Owner agrees to fIle these covenants with the Clerk of the Circuit Court of
Dade County, Florida, and shall pay any and all expenses associated with their filings and
recording.
5 The Owner and Grantee/Lessee agree that the Department shall incur no tax
liability as a result of these restrictive covenants.
2
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IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affIxed their signatures.
WITNESSES:
w,,"," ~.tL-Z-.
ftk 7!Gi:?"
Witness Name TypedJPrinted
~ t\ bLl"
Witnes . ature '
City Manager for the
City of Miami Beach
2121 Park Avenue
Owner's Address
Miami Beach
City
Florida
State
33139
Zip
J~2-
The State of Florida
County of I
I certifY that on this date before me, an officer duly authorized in the state and county named above to take
acknowledgments, that .~p (:.,1 () P,ODRI C-.l JF7 personally
(Name)
appeared as City Manager for City of Miami Beach
(Officer) (Name of Corporation/Partnership)
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 ofIdentification Produced ~P.'-NJl)ALU-{ !::t-...tL('i~ 1 \'(.~ LIe..
Executed and sealed by me at UI~U I BPU:'.A-1. , Florida on -No ~ .. 2'7 ,1999.
1"'" ~ USA C. DIXON
.". ,. M~' Comlllission" CC 820608
""'Of1\.# Expire':05f18/ZOOJ
1.fl1O.3-NQTA!=l'Y Fla_ NotIry SeNioe & BondinQ Co
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Notary Public in and for
The State of T~\ 0 A
My commission expires: 05 I~
[SEAL]
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EXHIBIT A
CITY OF MIAMI BEACH
BASS MUSEUM OF ART PROJECT - GRANT #2K-9019
LEGAL DESCRIPTION: The Blocks shown as City Park and the 50 foot strip whose boundaries
are as follows:
The East right of way line of Park Avenue to the West, the West right of way line of Collins Avenue
to the East, the South right of way line of22nd street to the North and the North right of way line
of 21st street to the South also known as COLLINS PARK OF THE AMENDED MAP OF THE
OCEAN FRONT PROPERTY, according to the Plat thereof, as recorded in Plat Book 5 at Pages
7 and 8 of the Public Records of Miami-Dade County, Florida.
STATE OF FLORIDA, COU~TY OF DADE
I HERE8Y CERTIFY thdl ,fils" a frue py the
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W TNESS my h -'nd ,.,nd Official Seal.
H. Ai\V~IN CLERJ5,.~."COU"tyCO.'"
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99R462990 1999 SEP 03 12:57
99 SEP 11 PM I: II
C\ 1'( ,,\ 1 Ut\Ht 'tS llfFICE
RESTRICTIVE COVENANTS
THESE CC'VE~L'\1'ITSare entered into this day of J9 -' by
Ci ty of Miami Beach, hereinafter referred to as the Owner, and Friends of the Bass
Museum hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten
years from the date of recordation by the Clerk ofthe Circuit Court of Dade County, Florida.
WHEREAS, the Owner is the fee simple titleholder of the Property located at 2121 Park
Avenue, Miami Beach, Dade County, Florida, as described in Exhibit A, attached to and made
a part hereof and
WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance
funds administered by the State of Florida, Department of State, Division of Historical
Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250,
hereinafter referred to as the Department, in the amount of 5250.000.00. to be used for the
restoration and preservation of the property of the Owner as described in Exhibit A, and
WHEREAS, said State funds have been or will be expended for the purpose of preserving
the historic qualities of the property or contributing to the historic character of the district in
which the property is located,
Now THEREFORE, as part of the consideration for the State grant, the Owner and the
Grant Recipient hereby make and declare the following restrictive covenants which shall run
with the title to said Property and be binding on the Owner and its successors in interest, if any,
for a period stated in the preamble above:
1. The Owner and the Grant Recipient agree to maintain the property in accordance with
good preservation practices and the Secretary of the Interior's Standards for Rehabilitation.
2. The Owner and the Grant Recipient agree that no modifications will be made to the
Property, other than routine repairs and maintenance, without advance review and approval of the
plans and specifications by the Department's Bureau of Historic Preservation.
3. The Owner and the Grant Recipient agree that every effort will be made to design any
modifications to the Property in a manner consistent with the Secretary of the Interior's Standards
for Rehabilitation.
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4. The Owner and the Grant Recipient agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to ascertain
whether the conditions of the Grant Award Agreement and these covenants are being observed.
5. The Owner and the Grant Recipient agree that these restrictions shall encumber the
property for a period of ten years from the date of recordation, and that if the restrictions are
violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the first five years of the effective date of these
covenants, the Department shall be entitled to return of the entire grant amount.
b. If the violation occurs after the first five years, the Department shall be entitled to
return of the entire grant amount, less 10% for each year past the first five. For instance, if the
violation occurs after the sixth anniversary of the effective date of these covenants, but prior to
the seventh anniversary, the Department shall be entitled to return of 80% of the original grant
amount.
6. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Dade
County, Florida, and shall pay any and all expenses associated with their filing andrecording.
7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a
result of these restrictive covenants.
2
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IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
WITNESSES:
~~~
Witness Ignature
OWNER
~4~J'
Witness ame yped/Printed
2121 ark Avenue
Owner's Address
Miami Beach
City
Florida 33139
State Zip
~~~ A- Y \~tJD
Witness Name Typed/Printed
The State of Florida
Countyof-1.Li/AU I-~
I certify that on this date before me, an officer duly authorized in the state and county named
above to take acknowledgments, that ~l D =ROOR If-. l JF.? personally
(Name)
appeared as City Manager for City of Miami Beach
(Officer) (Name of CorporationIPartnership)
known to me to be or who proved to my satisfaction that he/she is the person described in and
who executed the foregoing instrument.
Type ofId~ntification Produced..:frr?4"U /AI ~ ICk B 0... ) 10 ~
Executed and sealed by me at 'c,o\in1M1 1li~Florida on ~ 19Q1.
.C-f)~)
ot Public in and fo
The State of yLO(GI 0 ^
My commission expires: O.s/l~ /200:'
i) 1.IIAC. DIXON
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EXHIBIT A
.
FRIENDS OF THE BASS MUSEUM, INC.
BASS MUSEUM OF ART PROJECT - GRANT #SC004
LEGAL DESCRIPTION: The Blocks shown as City Park and the 50 foot strip whose boundary are
the follows:
The East right of way line of Park Avenue to the West, the West right of way line of Collins Avenue
to the East, the South right of way line of 22nd street to the North and the North right of way line
of 21st street to the South also known as COLLINS PARK OF THE AMENDED MAP OF THE
OCEAN FRONT PROPERTY, according to the Plat thereof, as recorded in Plat Book 5 at Pages
7 and 8 of the Public Records of Miami-Dade County, Florida.
RECORDED IN OFFICIAL. RECQAOSIOOf('
OF DADE coumv. A.0RI00\.
RECORD vERIFIED
HARVEY RUVIN
CLERK CIRCUIT COURT