C7L - Approve Flood Barrier Use Agreement

Resolutions - C7 L

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends that the Mayor and City Commission approve the proposed Use Agreement between the City of Miami Beach and New World Symphony, Inc., allowing for the installation and maintenance of flood barrier structures that will extend into approximately 323 square feet of City-owned property.

BACKGROUND/HISTORY

The City of Miami Beach (the "City") and New World Symphony, Inc. ("NWS"), a Florida not-for- profit corporation, have a long-standing relationship established through a Lease Agreement dated January 5, 2004, as amended, which governs the premises known as the New World Center. This partnership has led to the development of a world-renowned cultural facility and the adjacent SoundScape Park, a major public amenity offering free programming and the SoundScape Cinema Series.

As part of its flood mitigation and resiliency efforts, NWS has proposed the installation of flood barrier structures (the “Structures”) to enhance protection during extreme weather events. These Structures are planned to be installed primarily within the leased premises, with approximately 323 square feet extending onto City-owned property. Depending on final specifications, the Structures may be passively or manually deployed to safeguard cultural and public infrastructure.

The installation of these Structures is one of eight (8) approved projects under the City’s General Obligation Bond for Arts and Culture Program (GOBAC) (Exhibit C), authorized by voters on November 8, 2022. Pursuant to Resolutions 2023-32523 and 2023-32593, the City Manager was authorized to execute grant agreements to expend bond proceeds for resiliency improvements, including those at the New World Center.

To move forward with the project, NWS submitted detailed specifications and overlay plans (Exhibits A and B) illustrating the design and precise placement of the proposed Structures. As a portion of the installation extends onto City-owned property, a Use Agreement (as shown in Exhibit D, in draft form) will be prepared to clearly define NWS’s rights and obligations related to access, installation, and ongoing maintenance. The principal terms of the proposed Agreement include:

• · Grant of License: The City grants NWS a non-exclusive, revocable license to access, install, maintain, repair, and remove the Structures within the Access Area, as depicted in Exhibit A of the Use Agreement. This license does not create any leasehold, easement, or other real property interest.

• · Term: The license is coterminous with the NWS Lease Agreement, unless terminated earlier by the City upon thirty (30) days’ written notice.

• · City Oversight and Approvals: NWS must submit detailed design and installation plans for City review and approval prior to commencing work. No installation may begin without formal City consent. All work is subject to applicable laws and permitting requirements.

• · Maintenance and Restoration: NWS shall maintain the Structures in a safe and functional condition throughout the term and is responsible for repairing any damage caused to City property. Upon termination or expiration of the Agreement, NWS must remove all Structures and restore the Access Area to its original condition.

• · Insurance and Indemnity: NWS is required to carry Commercial General Liability, Workers’ Compensation, Automobile, and Professional Liability insurance meeting City standards and naming the City as an additional insured. NWS also agrees to indemnify and hold the City harmless against any claims arising from the installation, use, or removal of the Structures, except in cases of gross negligence or willful misconduct by the City.

• · Compliance and Monitoring: The Agreement includes provisions ensuring compliance with all applicable laws, City Code requirements, environmental regulations, public records laws, Inspector General audits, and E-Verify.

• · No Leasehold Interest: The Agreement explicitly states that it is a license and not a lease, and that no real property interest is conveyed.

ANALYSIS

The proposed Use Agreement reflects a thoughtful and strategic collaboration between the City and New World Symphony, Inc. (NWS) that supports long-term climate resilience goals while preserving public control over City-owned property. By authorizing the installation of passive flood barriers within a limited portion of City land, the City enables critical flood protection measures for a major cultural institution and the surrounding public realm without transferring any property rights or assuming financial burden.

The Agreement incorporates robust safeguards to protect the City’s interests, including strict insurance and indemnification provisions, restoration obligations, and the City’s right to terminate the license with notice. NWS must also obtain all required permits and approvals, ensuring regulatory compliance and transparency throughout the project. This collaborative effort demonstrates how public-private partnerships can address local climate challenges while maintaining fiscal and operational accountability.

FISCAL IMPACT STATEMENT

N/A

Does this Ordinance require a Business Impact Estimate?

(FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

FINANCIAL INFORMATION

CONCLUSION

The Administration recommends that the Mayor and City Commission approve the proposed Use Agreement between the City of Miami Beach and New World Symphony, Inc., allowing for the installation and maintenance of flood barrier structures that will extend into approximately 323 square feet of City-owned property. The Agreement advances the City’s resilience initiatives, supports the safeguarding of vital cultural and civic assets, and reflects a proactive, partnership- driven approach to climate adaptation.

Applicable Area

South Beach

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Facilities and Fleet Management

Sponsor(s)

Co-sponsor(s)

Condensed Title

Approve Use Agreement w/ NWS, Installation/Maintenance of Flood Barrier Structures. FF

Previous Action (For City Clerk Use Only)