HomeMy WebLinkAboutJewish Museum of Fla Grant Agmt GRANT AGREEMENT
This Grant Agreement (the Agreement) is entered into thisbe day of March, 2006, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office
at 1700 Convention Center Drive, Miami Beach, Florida 33139, hereinafter referred to as the "City",
and the JEWISH MUSEUM OF FLORIDA, INC., a Florida not-for-profit corporation, whose
address is 301 Washington Avenue, Miami Beach, Florida 33139, hereinafter referred to as the
"Grantee".
·
WITNESSETH:
WHEREAS, Grantee has requested support from City, in the form of a grant, for a project
that involves the development of a master plan and renovation of the Jewish Museum of Florida,
including the historic synagogue at 311 Washington Avenue, for the purposes of expanding the
Museum's programming and services(the Project); and
WHEREAS, the total cost of the Project is estimated to be $5,590,000, as set forth in the
Project Budget, attached and incorporated as Exhibit "A" hereto; and
WHEREAS, Grantee has committed to raise $5,090,000 to fund the Project; and
WHEREAS, on February 8, 2006, the Mayor and City Commission approved Resolution No.
2006-26122, approving a grant from the City to Grantee, in an amount not to exceed $500,000, for
the aforestated Project; said Resolution attached and incorporated as Exhibit "B" hereto; and
WHEREAS, Grantee has requested, and the City has agreed to provide Grantee with, funds in
accordance with the terms and conditions of the foregoing Agreement, in an amount not to exceed
$500,000 (the Grant funds).
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: USE OF GRANT FUNDS
The Grantee shall use the Grant funds, in the amount of $500,000, solely for the following
purposes, as set forth in the Project description below: · Project Master Plan renderings;
· Capital expenses only for the renovation of 311 Washington Avenue (Lot 10).
The Grant funds, in the amount set forth above, are based upon the proposed Project Budget
(Exhibit A, attached).
Grantee agrees that in the event the Project is completed for less than the budgeted amount,
as reflected in the attached Project Budget, then the amount of the Grant funds shall be reduced in an
amount proportionate to the reduction in the final Project Budget, and such proportionate amount of
remaining Grant funds shall be promptly reimbursed by Grantee to the City.
SECTION Ih GRANTEE'S OBLIGATIONS
In consideration of the Grant funds to be provided hereunder, Grantee covenants and agrees
as follows:
A. Grantee shall commence construction on the renovation of the 311 Washington Avenue
building no later than thirty-six (36) months following execution of this Agreement. Failure
by Grantee to commence construction, which shall be defined and evidenced by a''Notice of
Commencement" on file with the City' s Building Department, will require full repayment of
the Grant, such repayment to occur within a maximum thirty-six (36) month period.
B,
Grantee shall provide the City with a written report detailing the progress made in the
development of the Master Plan and the renovation of the 311 Washington Avenue building,
twelve (12) months following the execution of this Agreement; such report also detailing the
commencement date and anticipated occupancy date for the 311 Washington Avenue
building.
Co
Upon execution of this Agreement by the parties hereto, Grantee shall thereafter, in
perpetuity, provide Miami Beach residents (with valid proof of residency) with free
admission to the Jewish Museum of Florida on Wednesdays and Fridays, in addition to
Saturdays. Free admission is for exhibits only and does not include lectures, programs or
other special events as to which there may be a fee associated. Notwithstanding, the
Grantee, at its discretion, may also provide free or reduced admission to these additional
activities for City residents.
SECTION III: TRANSFER OF GRANT FUNDS
Within l0 business days following execution of this Agreement by the parties, the City
will transfer the full amount of the Grant funds by check to the Grantee. The Grantee acknowledges
and agrees that the Grant funds provided by the City under this Agreement are solely to be used for
the purposes stated herein, and if the Project is completed for an amount less than that stipulated in
the Project Budget, a proportionate amount of any unused funds will be returned to the City, as
provided in Section I hereof.
SECTION IV: ENFORCEMENT OF THE AGREEMENT / TERMINATION
The City may suspend or terminate this Grant Agreement if, in the City's reasonable
discretion, the Grantee fails to comply with any of the material terms and conditions of this
Agreement, and Grantee fails to cure such default(s) within ten (10) business days' notice of same
from the City, or if the default is one which cannot be cured within ten (10) days, to commence cure
within ten (10) days and pursue the same continuously until complete, but in no event shall such
extension extend beyond ninety (90) business days from the date of the initial notice.
Grantee shall not transfer or assign this Agreement in whole or part without the prior written
consent of the City, which consent shall not be unreasonably withheld. In the event of an assignment
or transfer without such consent, the City shall be entitled to declare a default, as provided above.
SECTION V: GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws ofthe State
of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court.
BY ENTERING INTO THIS AGREEMENT, CITY, AND GRANTEE EXPRESSLY WAIVE ANY
RIGHTS THEY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED
TO, OR ARISING OUT OF, THIS AGREEMENT.
SECTION VII: NOTICE PROVISION
Whenever either party desires to give notice unto the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified; and the place for giving of notice shall remain such
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following as the respective places for giving of
notice, to wit:
FOR CITY:
Office of the City Manager
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
FOR GRANTEE:
Jewish Museum of Florida, Inc.
301 Washington Avenue
Miami Beach, Florida 33139
Attn: Marcia Zerivitz
SECTION VIII: ENTIRETY OF AGREEMENT
This Agreement (including any exhibits and attachments) embodies the entire understanding
between the parties hereto with respect to the subject matter hereofi and there are no other agreements
and understandings, oral or written, with respect to the subject matter hereof that are not merged
herein and superseded hereby.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the City Commission of the City
of Miami Beach.
IN WITNESS WHEREOF, the parties hereto have caused this Agreemem to be executed
by their duly authorized officials on the day and date first above indicated.
ATTEST:
City Clerk
Robert Parcher
THE CITY OF MIAMI BEACH, FLORIDA
Jor} .
ATTEST:
Secre~t~ - :~
P~int Nm~
JEWISH MUSEUM OF FLORIDA, INC.
::~ Urint~e
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
0z
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EXHIBIT "B"
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor David Dermer and Members of the City Commission
Mana r' ' '.
Jorge M. Gonzalez, City i:!,' ..:
February 8, 2006
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING IN CONCEPT A GRANT FROM THE
CITY TO THE JEWISH MUSEUM OF FLORIDA IN AN AMOUNT NOT TO
EXCEED $500,000 FOR THE MASTER PLAN AND RENOVATION OF THE
HISTORIC SYNAGOGUE LOCATED AT 311 WASHINGTON AVENUE; AND
APPROPRIATING $500,~ FROM SOUTH POINTE CAPITAL FUND; AND
DELEGATING AUTHORITY TO THE CITY MANAGER TO ENTER INTO A
GRANTAGREEMENTWITH THE JEWISH MUSEUM OF FLORIDA, PROVIDED
TERMS OF SUCH AGREEMENT ARE SATISFACTORY TO THE CITY
MANAGER AND CITY ATTORNEY'S OFFICE.
ADM!NI,$TRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Funding is available in the South Pointe Capital Fund budget for Fiscal Year 200512006.
ANALYSIS
A referral was made to the Finance and Citywide Projects Committee for the committee to
consider a request by the Jewish Museum of Florida for capital funding assistance from the
City of Miami Beach in the amount of $500,000 in order to begin work on their Master Plan
relating to the renovation of the historic synagogue at 311 Washington Avenue. The
following provides background on the proposed project and request.
Backoround
_
The Jewish Museum (Museum) of Florida, located at 301 Washington Avenue, first opened
in Miami Beach on Apdl 2, 1995. The Museum is housed at the site of Miami Beach's first
Jewish congregation. The Museum building, built in 1936, is listed on the National Register
of Historic Places and has recently undergone a $1.5 milliorl two-year restoration.
The Museum locally hosts exhibitions, sponsors educational and cultural programs, and
houses a Collections and Research Center. The Museum has embarked upon a four phase
capital expansion program which consists of the following phases:
.
· Phase I - Acquisition of property: On June 30, 2005, the Museum acquired three properties
(two buildings and a parking lot) for a purchase price of $2.5 million;
· Phase II - Development of a Master Plan for Museum Expansion: This master plan
encompasses the three properties acquired by the Museunz
· Renovating the Beth Jacob synagogue (another historically significant building)
located at 311 Washington Avenue;
· Moving functions from the 301 building to the 311 building to free up exhibit and
public programming space; and
· Constructing a new Collections and Research Center building over the parking lot at
an approximate cost of $3 million.
· Phase III - Capital/Endowment Campaign: The Jewish Museum is embarking on a $20
million, multi-year fundraising campaign to raise funds for the Master Plan, construction,
endowment and operating budget.
· Phase IV- Construction: This phase includes the renovation of the 311 building to provide
additional public display and meeting space, and enhanced storage capabilities~ as well as
the construction of a new Collections and Research Center above the parking lot to provide
storage capacity, as well as comprehensive research facilities. The total project cost is
estimated at $5.5 million.
The Museum currently receives operating and exhibition funds from the State of Florida, and
operating funds from Miami-Dade County (approx. $150,000 annually) and the City of Miami
Beach ($55,000 annually). The CAC also provides annual operational funding to the Jewish
Museum.
The City has previously provided capital funding support to the Museum. In 1994, the
Museum received a loan of $500,000 for the renovation of their facility. This loan had a ten-
year term with an 8% interest. A total of $213,912.45 was paid by the Museum by 1999, at
which time the loan agreement was modified. At that time, approximately $94,000 in prior
interest payments were applied to the outstanding principal and all future interest payments
were waived. All principal payments were waived in 1998-99. From 1999 until 2001, the City
Commission approved the forgiving of $60,000 in annual loan repayments. On September
25, 2002, the City Commission abated the balance of the loan ($46,087) and the loan was
considered paid in full.
City staff has met and spoken with Museum staff in the past few months to discuss the
proposed expansion, project expenses and funding needs. Discussions also included other
available sources of operational and capital funding. City staff researched grant programs
available for consideration, and has pr~ided information as applicable to the Museum.
For comparative purposes, as you may recall, the City approved a $500,000 grant to the
Wolfsonian-FIU in 2003 for purposes of their expansion project. The total budget for the
expansion project was $1,488,000. The $500,000 allocation was intended to-provide
assistance with cash flow until the Wolfsonian-FIU received an Economic Development
Initiative (EDI) grant of $360,000 that had been approved, but had not been allocated. Under
the terms of the grant agreement, the City's grant would be off-set with the receipt of the EDI
grant funds. In addition, the Wolfsonian-FIU agreed to provide the City with non-exclusive
use of the parking lot of the Miami Beach Women's Club for the next five (5) years as a
means of alleviating parking congestion in the area. Additionally, the Wolfsonian-FIU agreed
to provide free admission to City residents. During the course of preparing the grant
agreement for execution, the EDI grant was received, and the final, total allocation of grant
funds from the City to the Wolfsonian-FIU was $176,000, or 12% of the total renovation
costs.
On January 19, 2006, the request was discussed by the Finance and Citywide Projects
Committee. At that time, the Administration recommended funding the museum in a similar
fashion as the City funded the Wolfsonian-FIU, with the funding allocated to the renovations
of the 311 building. Representatives from the Jewish Museum requested $500,000 from the
City to fund the Master Plan and a portion of the renovation of the 311 Washington Avenue
building. After discussing the matter, the Committee recommended the City award the
Jewish Museum of Florida a $500,000 capital assistance grant as requested by the Jewish
Museum.
Public Benefits
The Jewish Museum of Florida is an important tourist destination for the City of Miami
Beach. As you know, Florida ranks number two in tourism dollars - more than $4 billion is
spent annually by tourists who visited historic sites. A larger portion of these tourists visit the
Museum when visiting the City. Museum studies reflect that each dollar spent at the
Museum generates $4 for the City.
The Museum is open to the public 2,100 hours annually, Tuesdays-Sundays (10 am - 5 pm).
Admission charges are $6.00 adults, $5.00 senior citizens or individuals in a group, $12.00
families and children under six are free. Currently, the Museum offers free admission on
Saturdays. If approved for this funding request, they will extend free admission to Miami
Beach residents on Wednesdays and Fridays, with proper identification.
The Museum satisfies a number of Sunshine State Standards requisites therefore, schools
book field trips to the Museum as part of the regular curriculum for middle and high school
students. The Museum is also part of the Miami-Dade County Public School Museum
Education Program with the school system providing an educator to the Museum oneday
each week to arrange tours from the public schools. Pre-visit and post-visit lesson plans are
produced for each exhibit and activities planned during Museum visits, as well. This
partnership results in more than 4,000 st .udent visits annually. Additionally, the Museum
sponsors Teachers' Workshops for credits in the Miami-Dade County Public Schools system
and Student Writing and Photo contests with cash prizes toencourage involvement in the
exhibit themes and contemporary diversity issues.
Administration Recommendation
The administration supports the recommendation of the Finance and Citywide Projects
Committee to award the Jewish Museum of Flodda a $500,000 capital assistance grant.
Furthermore, the administration suppOrts enhancing the Museum's public benefits package
to include free admission to Miami Beach residents on Wednesdays and Fridays, in addition
to Saturdays.
JMG/HMF/mas
RESOLUTION NO. 2006-26122
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING IN CONCEPT A GRANT
FROM THE CITY TO THE JEWISH MUSEUM OF FLORIDA IN AN
AMOUNT NOT TO EXCEED $500,000 FOR THE MASTER PLAN AND
RENOVATION OF THE HISTORIC SYNAGOGUE LOCATED AT 311
WASHINGTON AVENUE; AND APPROPRIATING $~)0,000 FROM SOUTH
POINTE CAPITAL FUND; AND DELEGATING AUTHORITY TO THE CITY
MANAGERTO ENTER INTO A GRANT AGREEMENTWITH THE JEWISH
MUSEUM OF FLORIDA, PROVIDED TERMS OF SUCH AGREEMENT ARE
SATISFACTORY TO THE CITY MANAGER AND CITY ATTORNEY'S
OFFICE.
WHEREAS, the Jewish Museum (Museum) of Florida, located at 301 Washington Avenue,
first opened in Miami Beach on April 2, 1995 and the Museum is housed at the site of Miami Beach's
first Jewish congregation; and
WHEREAS, the Museum has embarked upon a four phase capital expansion program which
consists of the following phases:
· Phase I - Acquisition of property: On June 30, 2005, the Museum acquired three properties
(two buildings and a parking lot) for a purchase price of $2.5 million;
· Phase II - Development of a Master Plan forMuseum Expansion, which three properties
acquired by the Museum
Renovating the Beth Jacob synagogue (another historically significant building)
located at 311 Washington Avenue;
Moving functions from the 301 building to the 311 building to free up exhibit and
public programming space; and
· Constructing a new Collections and Research Center building over the parking lot at
an approximate cost of $3 million.
Phase III - Capital/Endowment Campaign: The Jewish Museum is embarking on a $20
million, multi-year fundraising campaign to raise funds for the Master Plan, construction,
endowment and operating budget.
Phase IV- Construction: This phase includes the renovation of the 311 building to provide
additional public display and meeting space, and enhanced storage capabilities, as well as
the construction of a new Collections and Research Center above the parking lot to
provide storage capacity, as well as comprehensive research facilities. The total project
cost is estimated at $5.5 millior~ and
WHEREAS, on January 19, 2006, the Finance and Citywide Projects Committee discussed
the Jewish Museum's request recommended the City award the Jewish Museum of Flodda a
$500,000 capital assistance grant; and
WHEREAS, if approved for this funding request, the Museum will extend free admission to
Miami Beach residents on Wednesdays and Fridays, with proper identificatiorl and
WHEREAS, the Administration recommends approval of the grant award to the Jewish
Museum.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve in concept a grant
from the City to the Jewish Museum of Florida in an amount not to exceed $500,000 for the Master
Plan and renovation of the historic synagogue located at 311 Washington Avenue; and
appropriating $500,000 from South Pointe Capital Fund; and delegating authority to the City
Manager to enter into a grant agreement with the Jewish Museum of Florida, provided terms of such
agreement are satisfactory to the City Manager and City Attorney's Office.
PASSED AND ADOPTED
ATTEST:
CITY CLERK
Robert Percher
T.'~GENDA~2006~eb0806~consenlMewish Museum Reso.doc
this 8th day of February.J' 0 . . .
David Definer
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
C~ty ~ '
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving in concept a grant to the Jewish Museum of Florida in an amount not to
exceed $500,000 for the Master Plan and renovation of the historic synagogue located at 311
Washington Avenue.
Key Intended Outcome Supported:
JIncrease community rating of cultural activities.
Issue:
JShould the City award a grant in an amount not to exceed $500,000 to the Jewish Museum?
Item Summary/Recommendation:
A referral was made to the Finance and Citywide Projects Committee for the committee to consider a
request by the Jewish Museum of Florida for capital funding assistance from the City of Miami Beach in the
amount of $500,000 in order to begin work on their Master Plan relating to the renovation of the historic
synagogue at 311 Washington Avenue. The Museum has embarked upon a four phase capital expansion
program.
On January 19, 2006, the request was discussed by the Finance and Citywide Projects Committee. At that
time, the Administration recommended funding the museum in a similar fashion as the City funded the
Wolfsonian -FI U, with the funding allocated to the renovations of the 311 building. Representatives from the
Jewish Museum requested $500,000 from the City to fund the Master Plan and a portion of the renovation
of the 311 Washington Avenue building. Alter. discussing the matter, the Committee recommended the
City award the Jewish Museum of Florida a $500,000 capital assistance grant as requested by the Jewish
Museum.
Advisory Board Recommendation:
The Finance and Citywide Projects Committee recommended in favor of the grant award on January
19, 2006.
Financial Information:
Source of Amount Account Approved
._~ t $500,000 South Pointe Capital Fund
2
3
4
/OEIPI Total
Financial Impact Summa~:
,,,
City Clerk's Office Legislative Tracking:
IHilda M. Fernandez
~J~J '~~~ City Managar
MIAMIBEACH