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Resolution 2025-33457
RESOLUTION NO. 2025-33457 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING SOUTH BEACH BREWING COMPANY LLC, FOR PARTICIPATION IN THE COMMERCIAL LEASE SUBSIDY PROGRAM, WITH A MAXIMUM ANNUAL REIMBURSEMENT AMOUNT OF $20,000.00, FOR A TERM OF UP TO THREE (3) YEARS, FOR A TOTAL PROGRAM REIMBURSEMENT AMOUNT NOT TO EXCEED 60,000.00, SUBJECT TO FUNDING APPROPRIATION AND APPROVAL DURING THE CITY'S BUDGETARY PROCESS FOR EACH FISCAL YEAR DURING THE TERM OF THE AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PROGRAM AGREEMENT. WHEREAS, the Mayor and City Commission established the Commercial Lease Subsidy Program ("Program") as a financial incentive to revitalize the Art Deco Cultural District (ADCD) by supporting arts and cultural businesses, reducing commercial vacancies, and phasing out non- conforming businesses; and WHEREAS, the Program provides eligible businesses within the Art Deco/MiMo Commercial Character Overlay District ("ADCD Overlay") with financial assistance through reimbursement for leasing and mortgage expenses, including rent, insurance, and real estate taxes, up to a maximum of $60,000 over three years, subject to annual budgetary appropriation and continued compliance with Program requirements; and WHEREAS, the Program prioritizes activation of vacant storefronts, supports new -to - market arts and cultural businesses, and assists legal non -conforming businesses seeking to transition in alignment with the City's vision for the ADCD; and WHEREAS, the Program prioritizes (i) activation of vacant storefronts, (ii) supports new - to -market arts and cultural businesses, and (iii) assists legal non -conforming businesses, defined as those with valid BTRs whose operations were previously compliant but now non -permitted under Ordinance No. 2017-4137, to transition in alignment with the City's vision for the ADCD Overlay; and WHEREAS, eligible Program participants will be required to execute an agreement to participate in the Program ("Agreement") and may receive, upon submitting verified expenses to the City, reimbursement of (i) Business Tax Receipt (BTR) fees and (ii) certain leasing or mortgage expenses up to $20,000.00 per year for up to three (3) years, for a total reimbursement amount not to exceed $60,000.00 during the three-year term of the Agreement, to reimburse eligible leasing expenses as outlined in Program guidelines; and WHEREAS, South Beach Brewing Company LLC, a Florida limited liability company, d/b/a South Beach Brewing Company, located at 210 11 Street, Miami Beach, Florida, has applied for participation in the Program and meets the eligibility criteria as a local business that enhances Miami Beach's cultural brand through experiential and arts -focused offerings; and WHEREAS, South Beach Brewing Company provides a unique, family -friendly environment featuring local craft beer, food, and interactive entertainment such as karaoke nights, chess nights, and open-mic events, distinguishing it from traditional bars or spirit retailers; and WHEREAS, the establishment's branding and artwork were designed by the late David "LEBO" Le Batard, renowned for his contributions to Miami Beach's artistic identity, further strengthening the business's alignment with the cultural and branding goals of the City; and WHEREAS, the City's evaluation of the applicant has determined that the business meets the objectives of the Program by activating a vacant storefront, contributing to the vibrancy of the ADCD Overlay, and demonstrating a strong commitment to the Miami Beach community; and WHEREAS, participation in the Program will support South Beach Brewing Company's ability to operate within the ADCD Overlay while reinforcing the area's cultural identity and economic vitality; and WHEREAS, funding has been secured in the Fiscal Year 2024-2025 budget, and the City's financial commitment to this participant shall not exceed $20,000 annually for up to three (3) years, subject to funding appropriation and approval during the City's budgetary process for each fiscal year's budget. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve South Beach Brewing Company LLC, for participation in the Commercial Lease Subsidy Program, with a maximum annual reimbursement amount of $20,000.00, for a term of up to three (3) years, for a total Program reimbursement amount not to exceed $60,000.00, subject to funding appropriation and approval during the City's budgetary process for each fiscal year during the term of the Agreement; and further authorize the City Manager and City Clerk to execute the Program Agreement. PASSED and ADOPTED this I day of F &v*44Y y 2025. ATTEST: INFEB 0 5 2925 Rafael E. Granado, City Clerk Steven Meiner, Mayor E�OP,A�ED ?Ihi05P :c� s' APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION �30"Lq,7171 Is - City Attorney w,�� Dote Resolutions - C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: February 3, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND APPROVING, IN SUBSTANTIAL FORM, AN AGREEMENT WITH SOUTH BEACH BREWING COMPANY LLC, FOR PARTICIPATION IN THE COMMERCIAL LEASE SUBSIDY PROGRAM, WITH A MAXIMUM ANNUAL REIMBURSEMENT AMOUNT OF $20,000.00, FOR A TERM OF UP TO THREE (3) YEARS, FOR A TOTAL PROGRAM REIMBURSEMENT AMOUNT NOT TO EXCEED 60,000.00, SUBJECT TO FUNDING APPROPRIATION AND APPROVAL DURING THE CITY'S BUDGETARY PROCESS FOR EACH FISCAL YEAR DURING THE TERM OF THE AGREEMENT; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution, approving an award and participation agreement under the Commercial Lease Subsidy Program to South Beach Brewing Company LLC, d/b/a South Beach Brewing Company, located at 210 11 Street. BACKGROUND/HISTORY Initiated by sponsor Commissioner Alex Fernandez, and authorized by the Mayor and City Commission, the Commercial Lease Subsidy Program ("Program") is a reimbursement -based financial incentive designed to invigorate the commercial environment within the Art Deco Cultural District (ADCD). The Program's primary objectives are to: • Support arts and cultural businesses, • Reduce commercial vacancies, and/or • Phase out non -conforming businesses. To achieve these goals, the Program leverages existing zoning regulations for the Art Deco/MiMo Commercial Character Overlay District ("ADCD Overlay") to attract businesses that align with Miami Beach's cultural brand and community values. Through this Program, eligible participants may receive reimbursement for: 1. Annual Business Tax Receipt (BTR) fees, and 2. Leasing or mortgage expenses, up to a maximum of $60,000 over three years. Eligible leasing expenses include: Rent or mortgage payments Insurance Real estate taxes Page 615 of 1859 Reimbursement is contingent upon annual budgetary appropriation and continued compliance with Program requirements. The Program's geographic focus —the ADCD Overlay —includes properties bounded by Ocean Drive (east), Fifth Street (south), Washington Avenue (west), and 23 Street (north). The Program prioritizes the following business types: • Vacant storefronts • New -to -market arts and cultural businesses • Legal, non -conforming businesses (i.e., businesses with lawful operations that held valid BTRs before being reclassified as non -permitted under Ordinance No. 2017-4137, such as check -cashing stores, pawn shops, souvenir shops, and vape dealers) By focusing on experiential and immersive businesses, the Program aims to revitalize the ADCD Overlay into a dynamic, engaging commercial corridor. Program applications are reviewed by City staff, and selected candidates are recommended for City Commission approval. Reimbursements are issued after participants submit records of eligible expense payments. Further details, including Program guidelines and the application, are available at mbbiz.aosmart.ora. ANALYSIS Applicant Summary • Applicant: • Representative: • Property Address: • Landlord: • Website: • Business Type: Eligibility & Business Concept South Beach Brewing Company LLC, d/b/a South Beach Brewing Company Lorenzo Borghese, owner 210 11 Street Julaug Invest 2, LLC www.southbeachbrew.com Local craft beer, food, art and entertainment South Beach Brewing Company is a family -friendly establishment that highlights local craft beer, food, and arts -based entertainment. The business distinguishes itself through interactive activities, including: • Karaoke and chess nights • Family -oriented games • Open-mic events Unlike traditional bars or spirit retailers, the business fosters a wholesome atmosphere aligned with Miami Beach's cultural and tourism brand. The Applicant first sought to bring its Miami Beach -focused brand to the ADCD district several years ago, but the COVID-19 pandemic significantly impacted the microbrewing industry. Additional delays arose due to lengthy permitting requirements to establish a lawful brewpub at the location and property title issues unrelated to the tenant business. However, owner Lorenzo Borghese remained committed to activating this vacant storefront. Page 616 of 1859 The business activation supports Program goals, particularly in an area with high foot traffic and numerous non -conforming businesses. In contrast to surrounding businesses that do not align with the Program's intent, South Beach Brewing Company enhances the corridor's cultural vibrancy and family -friendly appeal. Branding & Cultural Relevance The brewpub's branding and interior artwork were designed by the late David "LEBO" Le Batard, a renowned postmodem cartoon expressionist and the artist behind Miami Beach's iconic "Welcome to Miami Beach" mural at the historic Roosevelt Theater on 41 Street. The establishment's design elements —spanning product labels, murals, and merchandise —further reinforce the business's deep connection to Miami Beach's identity. Evaluation of Applicant Through multiple meetings, City staff have assessed the Applicant as: • A dedicated small business entrepreneur with long-standing investments in Miami Beach • Committed to creating a family -friendly, arts -centric brewpub • Determined to activate a vacant storefront, overcoming legal and permitting hurdles Additionally, business owner Lorenzo Borghese has demonstrated a strong community commitment. His background includes: • Serving as an ambassador for the American Humane Society and the ASPCA • Co-founding Animal Aid USA, a nonprofit focused on animal rescue • Serving on the board of Canine Wounded Heroes, which donates protective vests to police and military dogs FISCAL IMPACT STATEMENT The City's financial commitment to this Program participant is capped at $20,000 annually for up to three (3) years, contingent upon funding appropriations in each year's budget. Funding for the Commercial Lease Subsidy Program is available in the Fiscal Year 2025 budget, ensuring reimbursement for eligible leasing expenses under the Program's guidelines. By supporting South Beach Brewing Company, the City expects a positive economic impact, including: • Increased foot traffic and visitor engagement • Support for the local workforce • Reinforcement of the ADCD as a destination for residents and visitors 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 Click or tap here to enter text. CONCLUSION The Commercial Lease Subsidy Program underscores the City's commitment to revitalizing the Art Deco Cultural District, enhancing both its cultural landscape and commercial appeal. Page 617 of 1859 The Applicant's business activation directly aligns with Program objectives, transforming a previously vacant space into a family -friendly, culturally immersive establishment. Approving this application will further the City's mission to create a vibrant, safe, and culturally rich environment in the ADCD. Attachments: Exhibit — Marketing Flyer Exhibit — Program Application Exhibit — Program Guidelines Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? No Is this item related to a G.O. Bond Project? ZR 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): N/A Department Economic Development Sponsor(s) Commissioner Laura Dominguez Co-sponsors) Commissioner Alex Fernandez Condensed Title Execute Agmt w/ South Beach Brewing Company, Commercial Lease Subsidy Program. ED Previous Action (For City Clerk Use Only) Page 618 of 1859 BORN & BREWED REAL JUICES ?4 5T FOR THE BEACH WITH 8 ELECTROLYTES e-la Af Ak4 i�W Is WE HAVE A HOME ON OUR BEACH A UNIQUE BUNGALOW SPACE WITH TAPROOM MURALS BY 0 BEACHIN' BEER COCKTALES 6 BIDES 0 BRANDED MERCHANDISE 0 SPECIAL EVENTS 9 PRIVATE PARTIES summon summon loll Ill, ...... one IN =on$ 11 E ■■ ,� s■u■cca ._ ""ElI �j ■r w�■r ■■ ■■: ■■ 2111 M. / NMI" 1. „YH Page 620 of 1859 MEET DAVE Lim art is featured worldwide y in corporate r. partnerships:I I �Nl o� F Audi YEN? telOne� � t�onK,� lululemon © athletica Go 81C. AW r 1 Red Bull BACARDI LEBATARD rniami Beach celeb aYiiSl- & ouY' branding 9uYU 10 Microsoft M r NORWEGIAN CRUISE LINE 1 `OWN EXCLUSIVE RIGHTS IN PERPETUITY TO ALL SBBC-RELATED DESIGN WORK Dave was the pen behind our caps, crowns, top 9 handles 0 to lines. We believe beer is anart- so everything about should be art, too! PUB EVENTS we music on 4iie'Pa-�o, ,KaY'aoke, Open Mic ni9vY4S & moY'e Competitive Happy Hour deals Bring your dog day ��I Page 622 of 1859 OUR FOOD MENU Ur+iaaue o{f eringg fealw r►g our Signa-IvY'e bretus! • Brunch all day, everyday • Fan favorite -the IPA pulled -pork Cuban quesadilla + taproom nachos �l�+�►+_••�• i Page 623 of 1859 EACH sc wow all'rY OUR WAVCWSW em •,ti' 9,,•_,A; 3/ SFr'.. 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NMI, _ w ■ .. . . a•�•atwn • WOW W a Im"wNslrsr, • CUu , s fwtunm a I, Wxe bum, wcy W" D(Als SOUTH/ OA0 s3 iokmmwm EACH s WW1 cAwn►rY l�9iTl1(RS i SIY�i%li S ne•alwsas�w••...; ma.+,.4wt e �>t111MM a t,a�'� +r•: nMraM�Y1 srea�r�ue ! a�ill� tsanw tlr•Yts •n•r• r�us rw• .� •r•as •ra � u urea � r<r ■ trtr� +estlu•ewtrurrars�l• as••• wt�oi•rr•ewr as „ ... .. .. •r,r„r, r•••�wersslwer�urr •nr r•�rna�+•slar . . •w r:. r• e+r.. • raarie•w.rr rewurua•r QY�Orr1Oa4/ •tltlereM�•Aa1Sta•Y lerrerteseraa �Nr Ytlerwt•rll•r1e� wow mi�w .pw. yr AlYil�rltl r.�,.. .r �, • . �711A•YlMrrltl/Y• ma mu Ivmwhe� .L. k I irn*-- . mmonamilumma it -� NWOutm . tltl�a..v.�e� ��erwr!•s •aaar�ooa� MlrrltlYlrr. •ws..s�w,•a 4� II rluarr+�aaa�wmu ... . k K. M Is�•e•e•aroe IFrERlM "WLDS Ir erYrilif•e•wrwea •��rre� A1/�rllri RC•Or,7lrel�ttl�lllAl �Meftlaf/teer•r..srra`ra. YRU Jr•ele�ertlfaa•re1W aaora•gs M YI�IY alr••a t1tl nwelruer II•rrr r�tesrc � rwtl:aaraeraeeeaa�eis r•frl•warta••w �/ S�A..1 rrtl♦ tl' f �iA Illa rrlt •I•rl Ylll •IIM� I�r71 a•s ar:w•eeaeawoarwr II VAW! wews 1.. kll• rm erre•s rr11"mmM .�..r..uo,....+ar r..oa A�rerl/ ••Y�ItlI•^ • ..r •rtwr'r�aer i••�•sw�er� m7YYA609W1 r WADN" •n+s� aOYlrYllf waw •Ir�YArYr�tl Df SStRT a�atr•�rrc; reu►es fWur M our wfarwe beers' Page 624 of 1859 SOUTH BEACH KREWING COMPANY aII> ,,... apeYfeci-blendof Key WeS4'S laidback island vibe & nniami'S lively ask scene... SBBG does na4- disSapoivr44.„ will be back! ► _ T/ 11, SOUTH BEACH KKEWING COMPANY `k, r "tl,e bfu ndi- inspirecL beets are si-andov}g.. So unquely Y'ef �f'eShin9!" , "more khan a +aproom... a relaxing escape. ..chill vibe & comf oY+able.,,_...� M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570 0877 Email: borghesel@southbeachbrew.com Applicant Profile APP Ty" Name lorenzo Borghese LegammW Sou0mmimlt Brewing Caapmit, LLC Email borghesel@southbeachbrew.com 1131m ry RUN (917) 5704877 Alternate Phone (305) 397-5246 Address 1500 Bay Road 920 Miami Beach, FWda 33139 UNITED STATES Website https 'www.southbeachbrew.com% FEIN / Tax ID 84-2318910 Fiscal Year End Date 1231 Unique Entity ID (UEQ Mission Statement To provide culture, entertainment, art and craft food and beverages to all customers leaving them with lifetime, "I love right now," memories and experiences Organization History Our location off iically opened for business at 210 11 th street earlier this year. #CLSAPP24250002 Page 1 of 15 Page 627 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Intent to Apply Welcome to the Intent to Apply section for the Miami Beach Commercial Lease Subsidy Program! By expressing your "Intent to Apply", you're taking the first step towards accessing financial assistance with your commercial lease in the Art Deco / MiMo Commercial Character Overlay District. Submitting this form is mandatory before gaining access to the Program application form. Before you begin. please review the Program Guidelines.. Compliance with the Program Guidelines is key to submission of a complete and valid application. Submitting your 'Intent to Apply" requires providing answers to a series of question that will help us understand your commercial lease and confirm your eligibility for Program participation. I. Applicant of Record: Identify who will handle the application process and whether that individual represents the property owner or a prospective business looking to take advantage of the grant program. II. Subject Property: For the commercial property to be leased by a new business. provide the property owner name. address, and tax folio. III. Existing Tenant: Answer yes or no, whether an existing business currently operates at the subject property. If applicable, provide the name of the existing business operating onsite. business ownericontact information (name, phone number, email address)business tax receipt (BTR) number and indicate the type of business establishment. IV. Prospective Tenant: Is there a prospective tenant under consideration for the property? If applicable. provide the name of the prospective business, business owner -contact information (name, phone number, email address), business tax receipt (BTR) number, and indicate the type of business establishment. Please note that submitting an Intent to Apply does not complete the application. Once you submit your intent, please contact the City's Economic Development Department with your application number to schedule your Pre -Submittal Conference (PSC). City of Miami Beach Economic Development Department Email: mbbiz@miamibeachfl.gov Phone: 305-673-7572 During the PSC, you'll discuss your application, business needs, and how the Commercial Lease Subsidy Program can be tailored to maximize your business growth in Miami Beach. Completion of a PSC is required to move forward and submit an official application #CLSAPP24250002 Page 2 of 15 Page 628 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Thank you for choosing Miami Beach as the location for your business, and we look forward to assisting you in your application journey! I. APPLICANT OF RECORD The Applicant of Record is the individuaVentity that will submit the application, assume responsibility for the grant, and to whom funds will be disbursed. Please specify who will fill out the application and handle the application process. Full Name South Beach Brewing Company, LLC Phone Number 9175700877 Email Address borghesel(g)southbeachbrew.com Is the Applicant of Record a • Property owner whose commercial property will be subject of the application • Business wishing to participate as tenant at a property owned by someone else Please select one: Tenant Business Subject Property Occupancy Status Please select one: The Subject Property is currently occupied It. SUBJECT PROPERTY For Applicants of Record that own the commercial property that will be leased by a new business (currently vacant). Please ensure that the subject property is located within the Program's geographic boundaries. Subject Property Address Subject Property Folio Number Please provide the 13-digit parcel identifier assigned to the property by Miami -Dade County commencing with "02-". #CLSAPP24250002 Page 3 of 15 Page 629 of 1859 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570 0877 Email: borghesel@southbeachbrew.com Owner of Title Please identify the owner of title to the Subject Property. Owner Authorized Representative Please identify an Authorized Representative if the Property Owner is not a natural person. (May be completed as "NA" if it doesn't apply) Owner Authorized Representative Email II. SUBJECT PROPERTY For Applicants of Record that own the commercial property with an existing Tenant Business. Please ensure that the subject property is located within the Program's geographic boundaries. Business Registered Name Business D/B/A (if applicable) Primary Business Activities Date Business Operation began at Subject Property Business Tax Receipt Number Authorized Representative Name & Title Authorized Representative Email II. SUBJECT PROPERTY For Applicants of Record that are prospective Tenant Business. Please ensure that the subject property Is located within the Program's geographic boundaries. Yes Prospective Property Address 210 1 1 th Street Name of Prospective Property Landlord/Owner #CLSAPP24250002 Page 4 of 15 Page 630 of 1859 M I AMI BEAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borgheselga southbeachbrew.com Julaug Invest 2, LLC III. TENANT BUSINESS APPLICANT Information regarding the Tenant Business. If Property Owner is Applicant of Record and Subject Property is currently vacant, respond with "Vacant" to each question. Business Registered Name South Beach Brewing Company, LLC Business D/B/A (if applicable) South Beach Brewing Company Primary Business Activities We are a family -friendly establishment which focuses on local craft beer, food, art and entertainment. We provide a unique opportunity for activities consistent with the Miami Beach brand including open mic nights, karaoke, & games for the entire family including chess nights. Our tap room contains the only hand-crafted beers named after this city. It includes a wide variety of murals created by the late, David LeBatard and two dioramas of South Beach, one highlighting the art deco buildings. Registered Address 1500 Bay Road, Unit 920, Miami Beach Existing Miami Beach Locations (if any) 210 11 th Street, Miami Beach Acknowledgements As the applicant, please confirm the acknowledgments below. . I have read and understood the Program Guidelines. I understand that submitting an Intent to Apply Letter does not constitute a complete application. I understand that I must complete a Pre -Submittal Conference with the Miami Beach Economic Development Department in order to move forward with an application. I have read and understood the Program Guidelines. I understand that submitting an Intent to Apply Letter does not constitute a complete application_ understand that I must complete a Pre -Submittal Conference with the Miami Beach Economic Development Department in order to move forward with an application. #CLSAPP24250002 Page 5 of 15 Page 631 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Subject Property Subject Property Address: 210 11 th Street Miami -Dade County Tax Folio: 02-3234-008-1210 Property Title Owner Name/Entity: Julaug Invest 2, LLC #CLSAPP24250002 Page 6 of 15 Page 632 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@south beach brew. com Property Owner Information Business Registered Name: South Beach Brewing Company, LLC Business dba: (if applicable) South Beach Brewing Company Authorized Representative Name Lorenzo Borghese Authorized Representative Name: Lorenzo Borghese Authorized Representative Email: borghesel@southbeachbrew.com Authorized Representative Phone: 917-570-0877 Website: www.southbeachbrew.com Mailing Address: 1500 Bay Road, Unit 920. Miami Beach, FL 33139 Has the company or any of Its officers ever been subjected to criminal or civil fines and penalties? No If yes, briefly explain: Federal Employer Identification (FEIN): 84-2318910 Miami Beach Business Tax Receipt (BTR): BTR007716-10-2019 Annual Miami Beach BTR Fee: $2319 #CLSAPP24250002 Page 7 of 15 Page 633 of 1859 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Florida Sales Tax Registration Number: (if applicable) 2473116 NAICS Code(s): 722511 SIC Code(s): 5812 #cLSAPP24250002 Page 8 of 15 Page 634 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Proposed Lease Agreement Tenant Business: Arts & Culture Business Landlord Name: Julaug Invest 2, LLC Are Landlord and Tenant related to each other? "Related" means a relationship that might call into question the arms -length nature of a customary transaction because the parties are not independent or on equal footing, including, but not limited to, relatives and business partners. No If yes, please briefly explain Lease Execution Date: 2019-08-01 Lease Effective Date: 2019-08-01 Lease Term Expiration Date: 9/ 1 , 2026 Rent Commencement Date: 03/ 01 I2020 Initial Term (months): Twenty five months from commencement date Renewal Terms (months): two sixty month options Size of Leased Premises (sq. ft.): 2.457 Rent (annual & monthly): $7.827.92/$93.935.04 Mortgage (annual & monthly): #CLSAPP24250002 Page 9 of 15 Page 635 of 1859 M I AM I BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com IC Lease -related Expenses, Utilities, Trash Room, Energy, Cleaning. Briefly explain the type of expenses for which reimbursement will be requested Rent and electricity, water and trash room expenses. Required Annual Reporting of Business Activity Participants will be required to annually submit information regarding the business, for use by the City in tracking the Program's impact on commercial activity. The data requested includes, but is not limited to, the amount of capital investment in real and personal property associated with the property (e.g., costs related to construction, renovation, buildout improvements, and/or fixtures, furniture, and equipment (FF&E)) and employment and wage data (e.g., number of full- and part-time jobs at the property and associated wages). The information submitted will only be used internally by the City for Program tracking and will have no bearing on the participant's Program eligibility. Failure to comply with the City's request for information may result in the denial of reimbursement funds. I have read and understood the Annual Reporting requirement #CLSAPP24250002 Page 10 of 15 Page 636 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name. lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Existing Tenant / NonConforming Business Does subject property contain an active business operation? Yes South Beach Brewing Company, LLC Business dba: (if applicable) South Beach Brewing Company Primary Business Activities: Full restaurant serving craft beers with an art element (murals) created by Lebo Authorized Representative Name & Title Lorenzo Borghese Authorized Representative Email borghesel@southbeachbrew.com Authorized Representative Phone: 9175700877 Website: www.southbeachbrew.com Mailing Address: 1500 Bay Road, Unit 920, Miami Beach, FL 33139 Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? No If yes, please provide details Federal Employer Identification (FEIN): Same as on previous pages Miami Beach Business Tax Receipt (BTR): Same as on previous pages Annual Miami Beach BTR Fee: #CLSAPP24250002 Page 11 of 15 Page 637 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Same as on previous pages Florida Sales Tax Registration Number Same as on previous pages NAICS Code(s): (Look up code here: https: 'www. naics. com'search,) Same as on previous pages SIC Code(s): Same as on previous pages #CLSAPP24250002 Page 177 15 Page 638 of 1859 M I AM I BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570 0877 Email: borghesel@southbeachbrew.com Prospective ! New Tenant (Permitted Use or Art & Culture Business) Has a prospective tenant has been identified for Subject property? No Business Registered Name Business dba Primary Business Activities Authorized Representative Name & Title Authorized Representative Email Authorized Representative Email Website: Mailing Address: Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? If yes, please briefly explain: Federal Employer Identification (FEIN): Miami Beach Business Tax Receipt (BTR): Annual Miami Beach BTR Fee: Florida Sales Tax Registration Number (if applicable) NAICS Code(s): SIC Code(s): Estimated amount of annual reimbursement to be requested: #CLSAPP24250002 Page 13 of 15 Page 639 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570 0877 Email: borghesel a southbeachbrew.com Acknowledgement and Application Authorization The Applicant acknowledges that adherence to the application and Program Guidelines is a requirement for receipt of reimbursement award funds. Failure to comply with the Program Guidelines may result in the loss of eligibility. Please check each statement in acknowledgement of the following: . I acknowledge that receipt of any Program funds Is conditioned upon continuous compliance with the terms and conditions of the application and Agreement, as authorized by resolution of the City Commission. . I acknowledge that failure to comply with the terms and conditions of the approved application and Agreement may result In my disqualification from the Program, the forfeiture of any unissued award funds, and the requirement for repayment of funds I have already received. . I agree to refrain from executing a lease agreement, or extension thereof, for the subject property of this application, prior to final approval of my participation in the Program, as confirmed in writing by the City of Miami Beach. . I agree that Program participation requires that any lease agreement for the subject property will contain a statement in standard font size that the property will be subject to these Program requirements, rents payable will be reduced by an amount commensurate with the award, and participation may be revoked if, during the Program term, any outstanding charges are unpaid for more than one year. . I acknowledge that the subject property cannot be approved for the Program if encumbered by any delinquent ad valorem taxes, municipal and county liens, code enforcement violations, judgments, and encumbrances of any kind. • I agree to maintain business and financial records related to my business, the subject property, and the tenant, and submit summary reports of such records, as requested by the City of Miami Beach as part of reimbursement claim submissions. . I agree to comply with efforts to monitor and verity my compliance with the Program, including the City of Miami Beach's requests to review business records and/or perform onsite visits. Receipt of any Program funds is conditioned upon continuous compliance with the terms and conditions of the application and Agreement, as authorized by resolution of the City Commission. Failure to comply with terms and conditions of the approved application and Agreement may result in my disqualification from the Program, the forfeiture of any unissued award funds, and the requirement for repayment of funds I have already received. I agree to refrain from executing a lease agreement, or extension thereof, for the subject property of this application, prior to final approval of my participation in the Program. as confirmed in writing by the City of Miami Beach. Program participation requires any lease agreement for the subject property to contain a statement that the property will be subject to these Program requirements, rents payable will be reduced by an amount ommensurate with the award. #CLSAPP24250002 Page 14 of 15 Page 640 of 1859 M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 South Beach Brewing Company, LLC Application #CLSAPP24250002 Name: lorenzo Borghese Phone: (917) 570-0877 Email: borghesel@southbeachbrew.com Participation may be revoked if, during the Program term, any outstanding lease agreement charges are unpaid for more than one year. Subject property cannot be approved for the Program if encumbered by any delinquent ad valorem taxes, municipal and county liens, code enforcement violations, judgments, and encumbrances of any kind. I agree to maintain business and financial records related to my business, the subject property, and the tenant, and submit summary reports of such records, as requested by the City of Miami Beach as part of reimbursement claim submissions. I agree to comply with efforts to monitor and verify my compliance with the Program, including the City of Miami Beach's requests to review business records and/or perform onsite visits. ,Signature Affidavit- Pro eg_rty Owner Signatures from all involved parties is required for the submission of an application. The signatory must have legal signing authority to bind the company to a contract, i.e., executive officers and owners. By signing this application, the Applicant(s) attests to be duly authorized to execute on behalf of the company and its legal owner, as applicable. The Applicant confirms that It Is duly authorized to enter into contracts related to the subject property. Through application to the Program, the Applicant provides consent to the City of Miami Beach to verify the company's business licensure, ownership of property, and business records related to the company and the subject property. The Applicant acknowledges that adherence to the application and Program Guidelines is a requirement for receipt of reimbursement payments. Failure to comply with Program Guidelines may result in the loss of eligibility for receipt of funds. Signed Affi.pdf Signature Affidavit- New Tenant Business No File Uploaded (if applicable) No File Uploaded #CLSAPP24250002 Page 15 of 15 Page 641 of 1859 Signatures from all involved parties is required for the submission of an application. The signatory must have legal signing authority to bind the company to a contract, i.e., executive officers and owners. By signing this application, the Applicant(s) attests to be duty authorized to execute on behalf of the company and its legal owner, as applicable. The Applicant confirms that it Is duly authorized to enter Into contracts related to the subject property. Through application to the Program, the Applicant provides consent to the City of Miami Beach to verify the company's business Noensure, ownership of property, and business records related to the company and the subject property. The Applicant acknowledges that adherence to the application and Program Guidelines Is a requirement for receipt of reimbu►san"t payments. Failure to comply with Program Guidelines Bear result in the loss of eligibility for receipt of funds. Name: icvrc Lcclerc Company: Title: QWNFR Signature: Date: 12/04/2024 NEW TENANT BUSINESS Name: Company: Title: Signature: Date: EXISTING TENANT BUSIA Name: rnz Company. S 00 h Beath v$rewinq CQm Tale: 4-ire 5 OeA-5t- Signature: Date: f 2- --------------------------------------------------------------------------------- Mtemel City use on/v Date Received: Approval Signature: printed Narne Target Commission Meeting Date: 13 Page 642 of 1859 MIAMSEACH Commercial Lease Subsidy Program Table of Contents 1. Program Overview................................................................................................. 2 a. Program Purpose b. Incentive Award 2. Program Guidelines............................................................................................... 2 a. Eligibility Requirements i. Geographic Requirement ii. Business Type Requirement 1. Type 1: Transition from Legal Nonconforming Business to Permitted Use 2. Type 2: New -to -Market Arts and Culture Uses b. Before You Apply c. Application Process d. Evaluation and Approval e. Compliance Requirements i. Business in Good Standing f. Reimbursement Payments i. Eligible Expenses ii. Maximum Award Amounts 3, Application Form...................................................................................................... 8 a. Subject Property b. Property Owner c. Current Tenant and Prospective Tenant d. Lease Agreement e. Applicant Acknowledgement and Authorization 4. ADCD Overlay Map........... _ _ .. _ . _ _ .................................. ...... .... ..................... 12 1 MIAMSEACH Page 644 of 1859 Commercial Lease Subsidy Program PROGRAM OVERVIEW The City of Miami Beach's Art Deco / MiMo Commercial Character Overlay District ("ADCD Overlay") encompasses a geographic area within South Beach containing unique cultural, commercial, and entertainment amenities that are vital to the Miami Beach economy and its tourism industry. The Commercial Lease Subsidy Program (the "Program") is a performance -based reimbursement grant incentive created by the Miami Beach City Commission, via Resolution 2022-32207, that reimburses a portion of expenses associated with expenses related to rent, leasing, mortgage, or real estate taxes, for eligible commercial properties within the ADCD Overlay that are leased by a business that promotes the Program's purpose. Program Purpose. The City of Miami Beach (the "City") is committed to promoting and attracting diverse commercial activities, with a focus on businesses and family -friendly activities that contribute to the City's cultural arts legacy. The Program mission is to attract wholesome and community -focused spaces that enhance both the visitor experience and resident quality of life. To accomplish this, the Program offers a financial incentive to activate commercial properties with arts and culture uses, or, in the case where properties are vacant or occupied by a legally established business operation that is no longer permitted under the City Code, the incentive encourages property owners to transition their properties to permitted businesses. Incentive Award. Program participants are eligible to receive the following. Reimbursement of Qualified Expenses. Reimbursement of eligible, paid expenses related to rent, mortgage payments, and/or real estate taxes, in an amount not to exceed $2,500.00 per month or fifty percent (50%) of total monthly expenses, whichever is less. Program participants are eligible to receive an award of up to $20,0000 annually or $60,000 throughout the three (3) year Program term Waiver of Business Tax Receipt Fees. Waiver of the annual fee associated with a City of Miami Beach business tax receipt (BTR) for both the tenant business and/or the property owner throughout the three-year Program term PROGRAM GUIDELINES Eligibility Requirements. The Program is intended to strengthen and transform commercial corridors within the ADCD Overlay, with objectives of (1) encouraging property owners to transition private properties from nonconforming uses to permitted uses and (2) attracting businesses that promote arts and culture. The City Commission, at its discretion, may consider or waive any eligibility criteria at the request and recommendation of the City Manager. Geographic Requirement. The Program is only available to properties with a physical location in the ADCD Overlay. Please refer to the ADCD Overlay Map herein or consult with City staff to confirm that the subject property is eligible to participate. Business Type Requirement. The Program prioritizes two (2) business types, however, the City Commission, at its discretion, may waive any of the eligibility criteria at the request and recommendation of the City Manager. M IAM SEACH Page 645 of 1859 Commercial Lease Subsidy Program Business Tvae 1: Replace Existing "Prohibited Use" Tenant with "Permitted Use" Business The Subject Property must be occupied by a legal nonconforming use, i.e., the business is not a permitted use but is grandfathered and currently operating with a valid BTR, prior to undergoing a transition to a permitted use. For purposes of eligibility, status as a legal nonconforming use, prohibited use, and/or a permitted use is at the sole discretion of the City Manager. The permitted and prohibited land uses within each zoning district are listed in Chapter 142, Article II of the Citv's Land Development Regulations. Definition of 'Nonconforming Use' A business that existed lawfully prior to the effective date of Land Development Regulations and the use no longer conforms to the restrictions provided in the Land Development Regulations. (See Article IX of the Citv's Land Development Regulations) Business activities that would be prohibited if established after Examples of businesses that potentially operate lawfully today but were prohibited with the enactment of Ordinance 2017-4137 (Art Deco/MiMo Commercial Character and Formula Commercial Overlay District) include: • check cashing stores • pawn shops • pharmacies • grocery stores • package stores • convenience stores • souvenir and t-shirt shops • tobacco/vape dealers • tattoo studios • occult science establishments Operation of these business activities are considered lawful only if the business operation was established prior to enactment of Ordinance 2017-4137, as evidenced by a valid and active BTR. Requirement for Business Transition. The commercial activity must undergo a transition whereby the current tenant, at the time of application submittal, is a legal nonconforming business and is replaced with a legally permitted use, with valid and active permitting and licensing for the new tenant. .• Business Type 2: New -to -Market Art & Culture Tenants Following submission of an Application, Property Owner enters into a lease agreement for the Subject Property with a New Business which promotes arts and culture and creates an immersive and shareable experience that prioritizes customer engagement and leverages onsite activities and events, such as • Experiential and artisanal retailers For example, technology, design, art and/ or culture -driven retail and incubator -inspired artisan experiences, such as offering an opportunity for patrons to learn how to make, design, or craft their own artistic, decorative, musical, beauty, wellness, gastronomic, culinary, or sensory product, and low - scale performing arts and cultural spaces. • Interactive and activity -based spaces For example, social media museums and artistic installations and activity -based and curated destinations of art, culture, design, recreation, leisure, wellness, and/or amusement. New -to -Market Tenant Requirement. The New Business must be an entity without an existing physical location in the ADCD Overlay, and whose presence furthers the goal of attracting high -quality arts and culture uses into the ADCD Overlay. Properties are eligible if the New Business already operates in Miami Beach at a physical address outside of the ADCD Overlay. 3 MIAMIBEACH Page 646 of 1859 Commercial Lease Subsidy Program The City Commission, at its discretion, may waive any of the eligibility criteria at the request and recommendation of the City Manager. Before You Apply. 1. Carefully review Program guidelines, application, and related materials. 2. Contact the City's Economic Development Department to discuss your application, business needs, and how the Program can be tailored to maximize your business growth in Miami Beach. A Pre - Submittal Conference is a required prerequisite to submitting your application form. City of Miami Beach Economic Development Department Subject: Commercial Lease Subsidy Program Email: mbbiz miamibeachfi.gov Phone: 305-673-7572 3. Schedule a Pre -Submittal Conference to review your Application Form prior to officially applying. Application Process. 1. An applicant wishing to participate in the Program will request and complete a Pre -Submittal Conference, followed by submission of a complete application to the City of Miami Beach. 2. Consideration for participation in the Program will not commence until an applicant submits a complete Application to the City's Economic Development Department. Any prior communication with the City related to the submission of an Application does not constitute an official submittal. 3. The Application must be signed by an executive officer or owner of the named entity. At the time of submittal, the Application Form must be executed by the owner of record of the Subject Property. Prior to becoming effective, the prospective Tenant Business must also sign the Application form to confirm acceptance of Program requirements. 4. The City will verify receipt of Applications upon submittal. Applications must be evaluated by the City Administration for adherence to Program guidelines and approved by the City Commission. 5. Within thirty (30) days of application receipt and initial review, staff will inform the City Commission and schedule an application presentation at the following City Commission meeting (applicable public notice and agenda deadlines apply). Staff will notify the Applicant when the application is scheduled for consideration at a public meeting. Executive leadership representing the Applicant (both Property Owner and Tenant Business) is required to participate -in -person or virtually at the City Commission meeting. 6. The City Commission -approved Application shall serve as the written Participation Agreement between the City of Miami Beach and the Applicant and shall, at a minimum, specify: a. The maximum amount of Reimbursement Payments the Applicant is eligible to receive throughout the Program term and during each fiscal year; b. Acknowledgement that the City may have access to and review the financial and business records of the Applicant (both Property Owner and Tenant Business) and/or perform onsite visits to verify business activities contained in the Application, Agreement, and Reimbursement Requests; c. Acknowledgement that compliance with the terms and conditions of the approved Application/Agreement is a requirement for the receipt of any Reimbursement Payment and that the Applicant's failure to comply with the terms and conditions of the approved Application/Agreement may be deemed forfeiture of eligibility for receipt of Reimbursement Payments and constitute disqualification of the Applicant's eligibility for the Program; d. Acknowledgement that payment of Reimbursement Payment is conditioned on and subject to specific annual appropriations by the City sufficient to satisfy the amount of Reimbursement Payments under the approved Application/Agreement; and 4 MIAMIBEACH Page 647 of 1859 Commercial Lease Subsidy Program e. Acknowledgement that the amount of the Reimbursement payments received will be based on the reimbursement requests qualifying as eligible expenses, as determined by the City in its sole discretion. Evaluation and Approval. The evaluation and recommendation of an Application will include, but not limited to, whether the Applicant's business activities accomplish the following: a. Transition to compatible uses that are permitted within the underlying zoning district. b. Enhance the City's reputation as a family -friendly destination for world -class cultural arts, recreation and leisure, and wellness; or c. Provide a unique opportunity for experiential and immersive activities consistent with the Miami Beach brand; and/or d. Appeal to residents, tourists, and visitors alike, increase and diversify new employment opportunities; attract economic investment; and enhance property values. 2. At the request and recommendation of the City Manager, the City Commission, in its discretion, may consider or waive any conditions or criteria of eligibility. 3. Discussions with the City about the Program, and the City's review and/or consideration of an Application Form, are not to be construed as an entitlement or fight conferred upon an Applicant, business, or property owner. Compliance Requirements. 1. Program Compliance. To remain eligible for the Lease Subsidy program, participants must maintain continued compliance with Program Requirements and obligations outlined in the Participation Agreement. 2. Subject to Executed Lease Agreement. While an executed Lease Agreement with the Tenant Business is not a requirement at the time of Application submittal, Participants shall only be deemed eligible to receive reimbursement of Eligible Expenses incurred pursuant to an executed and effective Lease Agreement between the Property Owner and Tenant. Tenant's Lease Agreement may become effective within 180 days after submission of Application to the Program and expenses are eligible for reimbursement only if incurred following the effective date of a valid Lease Agreement. Subtenants are not eligible to request reimbursement. 3. Requirement for Good Standing. Business Type 1 - Properties Transitioning from Nonconforming to Permitted Use: Commencing at the time of application: Existing Tenant (Legal Nonconforming Use) must possess a valid BTR for operation at the Subject Property. Businesses that are not permitted under the City Code and/or operating without a valid BTR are not in lawful existence and therefore, the property is not eligible to participate in the Program. Property Owner, Subject Property, and Existing Tenant must be in good standing with the City of Miami Beach and Miami -Dade County, i.e., no outstanding fees or fines, no current or pending litigation with the City of Miami Beach, and properly licensed and approved by the City, State, and County, as applicable. The same requirement shall apply for the Proposed Tenant, once known. Prior to Request for Disbursement of Reimbursement Payment and thereafter: Proposed Tenant must be in good standing, possess a valid BTR and a valid Certificate of Use (CU) for the Subject Property. 5 MIAMIBEACH Page 648 of 1859 Commercial Lease Subsidy Program Business Type 2 - New -to -Market Arts & Culture Businesses: Commencing at the time of application: Property Owner, Subject Property, and Proposed Tenant must be in good standing with the City of Miami Beach and Miami -Dade County, i.e., no outstanding fees or fines, no current or pending litigation with the City of Miami Beach, and properly licensed and approved by the City, State, and County, as applicable. Prior to Request for Disbursement of Reimbursement Payment and thereafter. Proposed Tenant must be in good standing, possess a valid BTR and a valid Certificate of Use (CU) for the Subject Property. 4. Lease Occupancy and Open -for -Business Timeframe. Approval of the Application Form and Participation Agreement by the City Commission must occur before the Proposed Tenant opens for business. If a Subject Property participating in the Program does not require substantial tenant improvements, the Proposed Tenant must open for business and commence operations within an agreed -upon timeframe following the Effective Date of the Participation Agreement. The Business and the City of Miami Beach will negotiate a specified and mutually agreeable Timeframe. 5. Requirement for Daytime Operation. Businesses may seek reimbursement of expenses only if their principal business activities: a. are conducted at the Subject Property: b. are open to the public, and c. include daytime operational hours no less than five (5) days a week (include operational hours commencing no later than 12:00 p.m. on days where the business is operating). 6. Taxes. Fines, or other Fees. Where a business is delinquent in paying its taxes, fines, or any other fees due to the City of Miami Beach, the City may withhold Lease Subsidy funds until the business is current and in good standing. In such cases where a business is more than one (1) year delinquent, the Participation Agreement may be terminated, and the business may be disqualified from participating in the Program. 7. Media Announcement. If requested by the City, the Participant must agree to issue a press release announcing the new commercial location with reference to the "City of Miami Beach" by name. No less than forty-eight (48) hours prior to issuance of the press release, the business must provide a copy of the press release to the City of Miami Beach and indicate the precise date and time for publishing of the press release. In support of the announcement, the City's Marketing and Communications Department will also issue a press release and media coverage. 8. Media Appearances. Where applicable, Participants may be asked to provide an employee representative, of at a minimum a senior level executive position, to participate in engagements each year, to assist with recruitment efforts by the City of Miami Beach to attract additional participants to the Program, for example, a media interview, quote for a media story, or comparable engagement. Reimbursement Payments. Reimbursement Payments are contingent upon prior satisfaction of each of the following: a. City Commission approval of the Application; b. Annual appropriation of Program funding by the City Commission; and c. Applicant's continuous compliance with the requirements and obligations of an executed Participation Agreement. MIAMSEACH Page 649 of 1859 Commercial Lease Subsidy Program Participants may only request, and will only be considered for, the reimbursement of Eligible Expenses. "Eligible Expenses" are defined as documented payments for expenses related to rent or mortgage costs, leasing expenses, and/or real estate taxes, which were incurred on or after the Effective Date of the Lease for the Subject Property. Notwithstanding the foregoing, expenses may be deemed ineligible if any of the following apply: 1. Property Owner and Tenant Business have not executed a Lease Agreement; 2. Lease Agreement is not valid and/or effective; 3. Subject Property has not received a Certificate of Use (CU); or 4. Either the Property Owner or the Tenant Business has not obtained a valid and active BTR. Verification of eligibility of expenses is subject to the sole and absolute discretion of the City. Frequency of Reimbursement. Participants may submit to the City a request for reimbursement of Eligible Expenses no more frequently than once monthly. Maximum Award. The City Commission, at its discretion, may waive limitation on maximum award amount, upon the request and recommendation of the City Manager. 1. Program Term: $60,000 over three (3) years 2. Annually: $20,000.00 over 12 months 3. Monthly: The lesser of: a. $2,500.00 per month or b. 50% of monthly expenses (related to Eligible Expenses) Installment Payment Amount. The amount of the Installment Reimbursement Payment will vary among Participants as it will be computed based on the amount of rent, mortgage, leasing expense, and/or real estate taxes, that is due for the Subject Property. However, the cumulative total amount of Installment Payments within a 12-month period shall not exceed $20,000 in the aggregate. Participants will be monitored periodically during the Program year to ensure compliance with the Participation Agreement. Reimbursements of Eligible Expenses will only be issued after the Applicant/Participant has satisfied all commitments as set forth in the Application/Agreement. Disbursement amounts are set forth and limited in each fiscal year of the disbursement schedule approved in the Agreement and Resolution. The City shall designate staff, or a third party, to administer the Program and determine Applicant/Participant compliance. Any awards determined to be due to an Applicant/Participant and processed by said designated staff shall require written approval and authorization of the City. MIAMIBEACH Page 650 of 1859 MIAMI BEACH Commercial Lease Subsidy Program Application A. SUBJECT PROPERTY 1. Subject Property Address: 2. Miami -Dade County Tax Folio: 3. Property Tide Owner Name/Entity: B. PROPERTY OWNER INFORMATION 1. Business Registered Name: 2. Business D/B/A (if applicable): 3. Authorized Representative Name and Title: 4. Email: Phone: 5. Website: 6. Mailing Address: 7. Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? Yes: No: If yes, briefly explain: 8. Federal Employer Identification (FEIN): 9. Business Tax Receipt (BTR) : Annual BTR Fee: 10. Florida Sales Tax Registration Number (if applicable): 11. NAICS Code(s): SIC Code(s): Not sure? Look up both codes here: httos://www.naics.com/search/ C. SUBJECT PROPERTY - CURRENT TENANT ! BUSINESS (if applicable) 1. Subject Property contains an active business operation? Yes: No: If Yes, please answer the following. If No, proceed to Section E. 2. 3. 4. Business Registered Name: _ Business D/B/A (if applicable): Primary Business Activities: _ 5. Authorized Representative Name and Title: 6. Email: Phone: 7. Website: 8. Mailing Address: 9. Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? Yes: _ No: 10. If yes, briefly explain: 11. Federal Employer Identification (FEIN): 12. Business Tax Receipt (BTR): Annual BTR Fee: 8 MIAMIBEACH Page 651 of 1859 MIAMI BEACH Commercial Lease Subsidy Program Application 13. Florida Sales Tax Registration Number (if applicable): 14. NAICS Code(s): Not sure? Look up both codes here: https://www naics com/search/ 15. Date of Lease Expiration: D. SUBJECT PROPERTY - PROSPECTIVE TENANT / BUSINESS (if applicable) 1. 2. 3. 4. Prospective tenant has been identified for Subject Property? Yes: _ No: Business Registered Name: Business D/B/A: Business Primary Business Activities: SIC Code(s): If Yes, please answer: 5. Authorized Representative Name and Title: 6. Email: Phone: 7. Website: 8. Mailing Address: 9. Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? Yes: _ No: If yes, briefly explain: 10. Federal Employer Identification (FEIN)-. 11. Business Tax Receipt (BTR): Annual BTR Fee: 12. Florida Sales Tax Registration Number (if applicable): 13. NAICS Code(s): SIC Code(s): 14. Please note that potential reimbursement awards must be discussed with the Economic Development Department prior to application submittal. Maximum reimbursement is up to $20,000 annually per business, or a total of up to $60,000 per business over a maximum of three years. Estimated amount of annual reimbursement to be requested: $ E. SUBJECT PROPERTY — PROPOSED LEASE TERMS (WITH PROSPECTIVE TENANT) Please provide the following information as it relates to the Lease Agreement with the Prospective Tenant: Tenant Business Type: Transition from Nonconforming to Permitted Use ❑ Arts & Culture Business ❑ 1. Landlord Name: 2. Tenant Name: 3 i3 Are Landlord and Tenant related to each other? "Related" means a relationship that might call into question the arms - length nature of a customary transaction because the parties are not independent or on equal footing, including, but not limited to, relatives and business partners. Yes: _ No: If yes, briefly explain: Lease Execution Date: Term Commencement Date: 9 MIAMIBEACH Page 652 of 1859 MIAMIBEACH Commercial Lease Subsidy Program Application 5. Lease Term Expiration Date: 6. Initial Term (months): 7. Size of Leased Premises (sq. ft.): 8. Mortgage (annual & monthly): _ Rent Commencement Date: Renewal Terms (months): Rent (annual & monthly): Lease -related Expenses: 9. Briefly explain the type of expenses for which reimbursement will be sought: 10. Required Annual Reporting of Business Activity. Participants will be required to submit annually information regarding the business, for use by the City in tracking the program's impact on commercial activity. The data requested includes, but is not limited to, the amount of capital investment in real and personal property associated with the property (e.g., costs related to construction, renovation, buildout improvements, and/or fixtures, furniture, and equipment (FF&E)) and employment and wage data (e.g., number of full- and part-time jobs at the property and associated wages). The information submitted will only be used internally by the City from program tracking and will have no bearing on the Participant's program eligibility; provided however, that failure to comply with the City's request for information may result in the denial of reimbursement funds. F. ACKNOWLEDGEMENT AND APPLICATION AUTHORIZATION The Applicant acknowledges that adherence to the Application and Program Guidelines is a requirement for receipt of the Lease Subsidy. Failure to comply with Program Guidelines may result in the loss of eligibility for receipt of the Lease Subsidy. Please initial below in acknowledgement of each of the hollowing: I acknowledge that receipt of any Lease Subsidy funds is conditioned upon compliance with the terms and conditions of the Application Form and Participation Agreement, as authorized by Resolution of the City Commission. I acknowledge that failure to comply with the terms and conditions of the approved Application Form and Participation Agreement may result in my disqualification from the Program, the forfeiture of any unissued award funds, and the requirement for repayment of funds I have already received. I agree to refrain from executing a Lease Agreement, or extension thereof, for my property that is the subject of this Application Form, prior to final approval of my participation in the Program, as confirmed in writing by the City of Miami Beach. I agree that Program participation requires that any Lease Agreement for the Subject Property will contain a statement in standard font size that the property will be subject to these Program requirements, rents payable will be reduced by an amount commensurate with the Subsidy, and the Suhsidy may be revoked if, during the Program term, any lienable charges are unpaid for more than one year. I acknowledge that the Subject Property cannot be approved for the Program if encumbered by any delinquent ad valorem taxes, municipal and county liens, judgments, and encumbrances of any kind. I agree to maintain business and financial records related to my business, the Subject Property, and the tenant, and submit summary reports of such records, as requested by the City of Miami Beach as part of reimbursement claim submissions. I agree to comply with efforts to monitor and verify my compliance with the Program, including the City of Miami Beach's requests to review financial and business records and/or perform onsite visits. 10 MIAMIBEACH Page 653 of 1859 A signature is required for the submission of an Application Form. The Applicant(s) must have legal signing authority to bind the company to a contract, i.e., executive officers and owners. By signing this Application Form, the Applicant(s) avers that it is duly authorized to execute on behalf of the company and its legal owner, as applicable. The Applicant confirms that it is duly authorized to enter into contracts related to the Subject Property. Through application to the Program, the Applicant(s) provides consent to the City of Miami Beach to verify the company's business licensure, ownership of property, and business records related to the company and the Subject Property. The Applicant(s) acknowledges that adherence to requirement for receipt of Reimbursement Payments in the loss of eligibility for receipt of funds. Property Owner Name: Company: Title: Signature. - Date: Tenant Business Name: Company: Title: Signature: Date: the Application Form and Program Guidelines is a Failure to comply with Program Guidelines may result Internal City Use Only — Economic Development Department Date Received. Approval Signature: Printed Name: Target Commission Meeting Date: 11 Pane 654 of 1859 MIAMSEACH