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Commercial Lease Subsidy Program Participation Agreement � n25 - 335 1y CITY OF MIAMI BEACH COMMERCIAL LEASE SUBSIDY PROGRAM PARTICIPATION AGREEMENT OCT 0 6 2025 THIS AGREEMENT is entered into this day of , 2025 ("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City") and EDGELORD LLC, a Delaware limited liability company, d/b/a EDGLRD, whose principal business address is 230 Lincoln Road, 4th Floor, Miami Beach, Florida 33139 ("Participant") for participation in the City's Commercial Lease Subsidy Program ("Program"). Article I Program Summary Subject Property Address: 230 Lincoln Road, 4'h Floor Miami-Dade County Tax Folio: 02-3234-019-0860 Property Owner Name: 230 LINCOLN MB TITLE LLC Participant Entity Name: EDGELORD LLC Tenant Business Name: EDGELORD LLC d/b/a EDGLRD Business Operations: Creative/technology(Arts & Culture) Participant Representative: Jon Lutzky(Chief Operating Officer) Participant Rep. Phone: (954) 354-2434 Participant Rep. Email: billing@edglyd.com ii. Authorizing Resolution: Resolution No. 2025-33594 (04-23-25) iii. Subsidy Award Amount: Not to exceed $60,000; $20,000.00 annually (subject to terms in Program Guidelines) iv. Expense Eligibility Date: Effective Date of this Agreement v. Term of Program: Three(3)years from Effective Date unless otherwise terminated earlier pursuant to the terms of this Agreement (the "Term"). vi. Participant Application See Exhibit 1 vii. Program Guidelines: See Exhibit 2 viii. Disbursement Request Form: See Exhibit 3 Page 1 of 18 Article II General Conditions i. Program Description. The Art Deco/MiMo Commercial Character Overlay District(the "ADCD") offers exceptional cultural, commercial, and entertainment amenities that are vital to the Miami Beach economy and drive its tourism and hospitality industry. The City of Miami Beach (the "City") is committed to promoting and attracting vibrant commercial activity, with a focus on businesses and family-friendly activities in the ADCD that contribute to the City's rich cultural arts legacy. Pursuant to Resolution No. 2022-32207,the Miami Beach City Commission created the Commercial Lease Subsidy Program (the "Program")as a reimbursement-based incentive grant to reimburse a portion of eligible rent, lease or mortgage-related expenses (e.g., rent, mortgage fees, insurance, and real estate taxes) and the total annual cost for the City business tax receipt (BTR) for the participating commercial property in the ADCD that is leased to a new or existing commercial tenant or operated by the owner, whose business activities promote the Program's purpose. ii. Contract Administrator. The City Commission has delegated the responsibility of administering this Agreement to the City Manager or the City Manager's authorized designee, who shall be the City's Economic Development Department Director. iii. Agreement/Exhibits. Program participation is granted to the Participant pursuant to the authorizing City Commission Resolution set forth in Article I. This Agreement includes the Participant Application, incorporated herein by reference and attached hereto as Exhibit 1; the Program Guidelines, incorporated herein by reference and attached hereto as Exhibit 2; and the Disbursement Request Form, incorporated herein by reference and attached hereto as Exhibit 3. iv. Obligation to Maintain Eligibility. Participant has an ongoing obligation to adhere to the terms and conditions of this Agreement during the Term in order to remain eligible to participate in the Program. v. Maximum Subsidy Award. The subsidy award ("Award") is limited in the following amounts, subject to appropriation and budgetary approval by the City Commission during each fiscal year: a. Program Term: $60,000.00 over three (3) years b. Annually: $20,000.00 over 12 months c. Monthly: Not to exceed $2,500.00 Article Ill Reimbursement Payments The Program is intended to elevate and enhance the character of the ADCD. To demonstrate that the Participant's participation in the Program furthers this purpose, the Participant is eligible to receive reimbursement of Qualified Expenses (as defined in subsection iii) relating to a valid commercial lease of the property identified in Article I (the "Property") or evidence of ownership or purchase of the Property. Page 2 of 18 ii. Conditions Precedent. Reimbursement of Qualified Expenses is contingent upon the following: (1) Application approval via City Commission Resolution; (2) Execution of this Agreement; (3) Execution of a valid lease agreement for the Property(where applicable); (4)Annual appropriation of Program funding by the City Commission; (5) Verification by the City of Qualified Expenses submitted pursuant to the Disbursement Request Form; and (6) Continuous compliance with this Agreement and Program Guidelines. The City maintains the right to withhold reimbursement if the Participant is found noncompliant with this Agreement, Program Guidelines, or City or State regulations. iii. Qualified Expenses. Qualified Expenses are costs that are documented as paid, that are incurred on or after the Expense Eligibility Date identified in Article 1 (iv) herein, and related to any of the following: a. If Participant is a lessee or tenant at the Property: 1. Rent 2. Insurance required to be maintained pursuant to the lease 3. Real estate taxes required to be paid pursuant to the lease 4. BTR fees b. If Participant is the property owner of the Property: 1. Mortgage fees 2. Property insurance 3. Real estate taxes (including special assessments) 4. BTR fees iv. BTR Fee Reimbursement. In addition to the Award (i.e., a maximum of$20,000.00 annually), the City will reimburse Participant the total annual City BTR fees associated with the business operations on the Property. Without limiting the foregoing, and solely for clarification purposes, the amount of the City BTR fees does not limit or contribute towards the $20,000.00 Award. v. Expense Eligibility. Verification of expense eligibility is subject to the sole and absolute discretion of the City. Expenses may be deemed ineligible for reimbursement if any of the following circumstances: a. Property owner and tenant business have not executed a lease agreement: b. Lease agreement is not valid and/or effective; c. The Property has not received a certificate of use (CU); or d. Either the property owner or the tenant business has not obtained a valid and active BTR. vi. Frequency of Reimbursement. The Participant may submit to the City a request for reimbursement of Qualified Expenses no more frequently than once per quarter, to be submitted Page 3 of 18 within ten (10) days from the end of each quarter, utilizing the Disbursement Request Form, attached hereto as Exhibit 3. vii. Installment Payment Amount. The amount of the installment reimbursement payment is calculated based on the Qualified Expenses submitted for verification and deemed eligible by the City, in its sole discretion. The installment payment shall not exceed $2,500.00 per month or fifty percent(50%)of the total monthly Qualified Expenses, whichever is less. The cumulative amount of installment payments within 12 months shall not exceed $20,000.00 in the aggregate plus the annual reimbursement for the City's BTR payment. viii. Backup Documentation.The Participant must submit copies of expense documentation for review by the City prior to the reimbursement of expenses. Incomplete records or unsupported reimbursement requests will delay review and the submission of falsified records will result in the termination of this Agreement. Digital copies of the following are acceptable: a. Receipts and/or paid invoices; b. Proof of payment(copy of checks or bank statements or ACH); c. Licensing documentation and other governmental records; and d. Photos of new business operation. Article IV/ Compliance Requirements Oversight and Compliance. The Award is authorized with the understanding that the Program will enhance, diversify, and develop the City's economic climate. To demonstrate that the Award is fulfilling, or has fulfilled, its purpose, the Participant must furnish the City with all related documents necessary to verify the Participant's compliance with the Program requirements. This documentation must be received by the City staff within the Term of the Program. City staff may monitor and conduct an evaluation of the Participant's business, which may include, without limitation, onsite visits to observe the Property. ii. Expense Verification and Submission Requirements. City staff will administer the Program and evaluate Participant compliance. Participants will be monitored throughout the Term to ensure compliance with this Agreement. Reimbursement of Qualified Expenses will only be issued after the Participant has satisfied all commitments as set forth in this Agreement. iii. Accounting and Financial Review. Participant shall keep accurate receipts and records of all expenses and financial documents relating to the Program in accordance with reasonable accounting standards and shall retain such receipts and records for the later of at least four (4) years after completion of the Program, or at least two (2) years after the expiration of the Term. At the City's request, Participant shall provide reasonable access to its files, records and personnel, during regular business hours, for the purpose of making financial audits, evaluations or verifications related to the Program, as the City deems necessary. Further, the City may, at its expense, audit or have audited, all personnel and financial records related to the Program. Page 4 of 18 iv. Default and Termination. a. Notice. In the event Participant shall fail to comply with any of the covenants, terms,or provisions of this Agreement including, without limitation, Participant's failure to: (i)comply with the Program Guidelines; (ii) utilize Award funds for the Qualified Expenses as purported; (iii) timely submit reports or documentation when due, as required under this Agreement;or(iv)comply with any other term or condition of this Agreement, the City Manager or designee shall issue written notice to the Participant and provide Participant with thirty (30) days to cure the default. If, at the City Manager's sole discretion, the default is cured within that period, continued participation in the Program may be allowed. If, however, the Participant fails to cure the default, or defaults two or more times within a period of one(1)year, no further cure period shall be allowed, and upon written notice to Participant, the City Manager may terminate this Agreement, with written notice to the Participant, thereby relieving the City of any further obligation to Participant under this Agreement. In the event Participant shall fail to comply with any of the covenants, terms, or provisions of this Agreement including, without limitation, Participant's failure to: (i) comply with the Program Guidelines; (ii) utilize Award funds for the Qualified Expenses as purported; (iii) timely submit reports or documentation when due,as required under this Agreement; or(iv)comply with any other term or condition of this Agreement, the City Manager or designee shall issue written notice to the Participant and provide Participant with thirty(30)days to cure the default. If, at the City Manager's sole discretion, the default is cured within that period, continued participation in the Program may be allowed. If, however, the Participant fails to cure the default, or defaults two or more times within a period of one (1) year, no further cure period shall be allowed, and upon written notice to Participant, the City Manager may terminate this Agreement, with written notice to the Participant, thereby relieving the City of any further obligation to Participant under this Agreement. b. Delinquent Fees and Taxes. Where a Participant is delinquent in paying its taxes, fines, or any other fees due to the City, including in the City's regulatory capacity, or in connection with any other agreements between the City and Participant, the City may withhold any further Subsidy Payments until the Participant becomes current. Where a Participant is more than one (1) year delinquent, the Participant's Award may be canceled and/or the Participant may be disqualified from participating in the Program; following such cancellation or disqualification, the City shall have no further obligation to the Participant under this Agreement. c. Fraud or Material Misrepresentations. Additionally, if the default is of a nature that cannot be cured, such as fraud or a material misrepresentation in connection with Participant's performance under this Agreement,the termination shall be effective upon receipt of the termination notice and no cure period shall apply. d. Recapture of Funds. Further, in the event that the City, in its sole discretion, finds that the Award funds were ineligible payments under the terms of this Agreement, whether as a result of fraud, misrepresentation, or negligence of Participant, Participant shall be required to repay to the City all or a portion of the Award payments received by Participant, due and payable Page 5 of 18 within thirty (30) days from the date Participant receives a written demand for recapture from the City. e. Miscellaneous. Participant further acknowledges and agrees that any Default may, at the City's sole discretion, render Participant ineligible for any future Award funds. These provisions shall not waive or preclude the City from pursuing any and all remedies at law and in equity. Notwithstanding any provision of this Agreement to the contrary, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Award if it is not satisfied with the terms of the lease, the business activities conducted at the Property or Participant's performance under this Agreement. v. Florida Public Records Law. a. Participant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. b. The term "public records' shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. c. Pursuant to Section 119.0701 of the Florida Statutes, if Participant meets the definition of "Contractor" as defined in Section 119.0701(1)(a), Participant shall: 1. Keep and maintain public records required by the City to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of this Agreement if Participant does not transfer the records to the City; 4. Upon completion of this Agreement, transfer, at no cost to the City, all public records in possession of Participant or keep and maintain public records required by the City to perform the service. If Participant transfers all public records to the City upon completion of this Agreement, Participant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Participant keeps and maintains public records upon completion of this Agreement, Page 6 of 18 Participant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. d. Request for Records; Noncompliance. 1. A request to inspect or copy public records relating to the City's contract for services, must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify Participant of the request, and Participant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2. Participant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City,at its sole discretion, may: (1)unilaterally terminate this Agreement; (2) avail itself of the remedies set forth under this Agreement; and/or(3) avail itself of any available remedies at law or in equity. 3. If Participant fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. e. Civil Action. 1. If a civil action is filed against Participant to compel production of public records relating to the City's contract for services, the court shall assess and award against Participant the reasonable costs of enforcement, including reasonable attorneys' fees, if: i. The court determines that Participant unlawfully refused to comply with the public records request within a reasonable time; and ii. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Participant has not complied with the request, to the City and to Participant. 2. A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of public records and to Participant at Participant's address listed on its agreement with the City or to Participant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 3. If Participant complies with a public records request within 8 business days after the notice is sent, Participant shall not be liable for the reasonable costs of enforcement. Page 7 of 18 f. IF PARTICIPANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PARTICIPANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 EMAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 vi. Inspector General Audit Rights. a. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City's Office of the Inspector General may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. b. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications,(bid/proposal)submittals,activities of Participant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. c. Upon ten (10) days written notice to Participant, Participant shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of Participant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Page 8 of 18 d. The Inspector General shall have the right to inspect and copy all documents and records in Participant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal)and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. e. Participant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition(bid preparation)and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this contract. In addition: 1. If this Agreement is completely or partially terminated, Participant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and 2. Participant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. f. The provisions in this section shall apply to Participant, its officers, agents, employees, subcontractors and suppliers. Participant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Participant in connection with the performance of this Agreement. g. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by Participant or third parties. vii. Conflicts of Interest. a. Participant agrees to adhere to and be governed by all applicable State, County, and City conflict of interest laws including, without limitation, State of Florida Code of Ethics for Public Officers and Employees, as set forth in Chapter 112, Florida Statutes, as may be amended from time to time; Miami-Dade County Conflict of Interest and Code of Ethics Ordinance, as set forth in Section 2-11.1 of the Miami-Dade County Code, as may be amended from time to time;and by Section 2-446 et seq. of the City of Miami Beach Code of Ordinances regarding voting and conflicts and disclosures of financial interests, as may be amended from time to time; all of which are incorporated herein by reference as if fully set forth herein; and further acknowledges the following: Page 9 of 18 1. No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the approval of this Program; 2. There are no undisclosed persons or entities interested with the Participant in this Agreement. This Agreement is entered into by Participant without any connection with any other entity or person making a request for funding in the same Program, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (included elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: i. is interested on behalf of or through the Participant directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii.is an employee, agent, advisor, or consultant to the Participant or to the best of the Participant 's knowledge any subcontractor or supplier to the Participant. 3. Subject to the exceptions and provisions of(c)(2)through (c)(6)of Section 2-11.1 of the Miami-Dade County Code, Commissioners, autonomous personnel, quasi- judicial personnel, advisory personnel, department personnel, employees or member of his or her immediate family(all as defined in Section 2-11.1(b)of the Miami-Dade County Code) of the City are prohibited from entering into any contract or transacting any business in which he or she or a member of his or her immediate family has a financial interest, direct or indirect, with the City or any person or agency acting for the City, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. 4. Subject to the exceptions and provisions of(c)(2) through (c)(6)of Section 2-11.1 of the Miami-Dade County Code, City Commissioners, autonomous personnel, quasi-judicial personnel, advisory personnel, department personnel, employees or a member of the immediate family of the aforesaid is prohibited from entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the aforesaid or any member of his or her immediate family has a controlling financial interest(as defined in Section 2-11.1(b)of the Miami-Dade County Code), direct or indirect, with the City or any person or agency acting for the City, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Page 10 of 18 5. Pursuant to Section 2-446 of the City's Code of Ordinances, it is the policy of the City Commission that no officer or employee of the City, or any of its agencies or subdivisions, and no member of the City Commission, shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction, or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of his/her duties in the public interest. 6. The provisions of this Article vii are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under This Article and those provided by statute, the stricter standard shall apply. 7. In the event Participant has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Participant shall promptly bring such information to the attention of the City's representative. Participant shall thereafter cooperate with the City's review and investigation of such information and comply with the instructions Participant receives from the City's representative in regard to remedying the situation. viii. Prohibition on Contracting with an Individual or Entity which has Performed Services for compensation to a Candidate for City Elected Office. Participant warrants and represents that, within two(2)years after the Effective Date, Participant has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of the City Code shall not apply to the following: Any individual or entity that provides goods to a candidate for office; ii. Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors; or iii. Any individual or entity which performs licensed professional services (including for example, legal or accounting services. ix. Participant's Compliance with Anti-Human Trafficking Laws. Participant agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Certification of Compliance with Anti-Human Trafficking Laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit 4. Page 11 of 18 x. Prohibition on Contracting with a Business engaging in a Boycott. Participant warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, Participant hereby certifies that Participant is not currently engaged in, and agrees for the duration of this Agreement to not engage in, a boycott of Israel. xi. Notices. Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Manager's designee: Economic Development Director 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7000 ext. 26186 MBBiz@miamibeachfl.gov Any required notice to Participant shall be delivered in writing to Participant's contact. Article V/ Miscellaneous Provisions Indemnification. Participant agrees to indemnify, defend, save and hold harmless the City, its officers, employees or agents, from any and all claims, liability, lawsuits, damages and causes of action which may arise out of this Agreement, including Participant's participation in this Program. ii. Assignment. Participant shall not be permitted to assign this Agreement, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. iii. Discrimination. Participant also accepts and agrees to comply with the following Special Conditions: a. Participant hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964(Pub. L.88-352)(Title VII), as amended,as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. b. Participant hereby agrees that it will comply with City's Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. c. The City endorses, and Participant shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified Page 12 of 18 individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. d. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Participant provides equal access and equal opportunity and services without discrimination on the basis of any disability. iv. Compliance with Applicable Laws. In its operation of the business at the Property, Participant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. v. Governing Law, Venue, and Attorney's Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the 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. in connection with any litigation arising out of this Agreement, each party shall bear their own costs and attorney's fees. BY ENTERING INTO THIS AGREEMENT, THE CITY AND PARTICIPANT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 13 of 18 Docusign Envelope ID:EOOSEC5C-BE54-4D47-A6E6-F6084D124BF1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: x4 /1 By: �Cl ( .(' .7:: .4-:- Rafael E. Granado, City Clerk Eric T. Carpenter, City Manager OCT 0 6 2025 Date FOR PARTICIPANT: O :INCORPRAD EDGELORD LLC lt, :ATTEST: •,*'CH..2.6 ^ cs;:eS4gned ezu,nareeaze..c By: Y V lF3L3l. Jon Lutzky, COO Jonathan Lutzky COO Print Name and Title 9/4/2025 Date APPROVED AS TO FORM & LANGUAGE OR EXECUTION & 11 tt't--- ( lQ(,2c City Attorney '?f9P Date Page 14 of 18 Exhibit 1 APPLICATION FORM (to be attached) MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com Applicant Profile Applicant Type Organization Name Jon Lutzky Legal Name EDGELORD LLC Email billing@edglyd.com Primary Phone (954)354-2434 Address 415 Australian Avenue Miami, Florida 33480 UNITED STATES Website https://edgIrd.com 501(c)(3) Incorporation Date 10/19/2021 FEIN/Tax ID 87-3605900 Fiscal Year End Date 01/31 Unique Entity ID(UEI) CCVLYSDNZ5X7 Mission Statement EDGLRD is a visionary designer collective leveraging advanced technology and Al to redefine the struggling entertainment industry. By blending film, fashion, music, and digital art,we create groundbreaking cross- disciplinary experiences that push the boundaries of creativity and technology. Collaborating with leading artists, musicians, and filmmakers, our mission is to deliver innovative,culturally rich,and visually captivating projects that transform how art and entertainment are perceived globally. Organization History Founded in 2021 by renowned film director Harmony Korine and Matt Holt, President of Private Equity at New Mountain Capital and President of The Paris Review, EDGLRD was created to revolutionize the entertainment industry.The company made its debut in 2023 with the premiere of AGGRO DR1 FT at the Venice Film Festival. Since then, EDGLRD has collaborated with A-list celebrities like Kim Kardashian, Travis Scott, Marc Jacobs, Nike,and The Weeknd, and hosted the iconic Boiler Room event during Art Basel 2023, making a cultural impact across music, film, video games, and fashion. Our success and innovation in tech and Al platforms attracted significant investment,raising support from prominent Al investors,including the Reuben brothers. In 2024, EDGLRD premiered its second film, BABY Invasion, at the Venice Film Festival, with more protects set to release throughout late 2024 and into 2025.The company is preparing for a second funding round by the end of 2024 and into early 2025. I #CLSAPP24250001 Page 1 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC D vE1oPMENI Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.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 owner/contact 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: mhhi,/lmiomihoot'hfi 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. #CLSAPP24250001 Page 2 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.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 individual/entity 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 EDGELORD LLC Phone Number 9543542434 Email Address billing@edglyd.com Is the Applicant of Record a . Property owner whose commercial properly 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 not currently occupied Il.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 Properly Folio Number Please provide the 13-digit parcel identifier assigned to the property by Miami-Dade County commencing with "02-". #CLSAPP24250001 Page 3 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORI I I C, Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.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 "N/A" 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 locates t::th:^ the ur.,nr,m'c nPnnranhir hr iinrlarlPQ Yes Prospective Property Address 230 Lincoln Road Name of Prospective Property Landlord/Owner #CLSAPP24250001 Page 4 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com Vivian. Dimond 1 230 Lincoln MB Title 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 EDGLRD LLC Business D/B/A (if applicable) EDGLRD LLC Primary Business Activities EDGLRD is a visionary designer collective leveraging advanced technology and Al to redefine the struggling entertainment industry. By blending film, fashion, music, and digital art, we create groundbreaking cross disciplinary experiences that push the boundaries of creativity and technology. Collaborating with leading artists and filmmakers, our mission is to deliver innovative, culturally rich, and visually captivating projects that transform how art and entertainment are perceived globally. Registered Address 415 Australian Avenue Existing Miami Beach Locations (if any) None 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. 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. #CLSAPP24250001 Page 5 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMEN I Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com Subject Property Subject Property Address: 230 Lincoln Road Miami-Dade County Tax Folio: 02-3234-019-0860 Property Title Owner Name/Entity: 230 LINCOLN MB TITLE LLC #CLSAPP24250001 Page 6 of 15 M I AM I BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com Property Owner Information Business Registered Name: 245 LINCOLN MB TITLE LLC Business dba: (if applicable) 230 Lincoln MB Authorized Representative Name Daniel Dominguez ddominguez@bayshoregrovemgmt.com Authorized Representative Name: Jon Lutzky Authorized Representative Email: jon@edglyd.com Authorized Representative Phone: 2157760717 Website: https://edglyd.com/ Mailing Address: 230 Lincoln Road 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): 87-3605900 Miami Beach Business Tax Receipt(BTR): 7685462 Annual Miami Beach BTR Fee: #CLSAPP24250001 Page 7 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954)354-2434 Email: billing@edglrri corn 135 Florida Sales Tax Registration Number: (if applicable) NAICS Code(s): 513130 SIC Code(s): 27310200 L #CLSAPP24250001 Page 8 of 15 M I AM I BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com Proposed Lease Agreement Tenant Business: Arts & Culture Business Landlord Name: 230 LINCOLN MB TITLE 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: 2023-10-02 Lease Effective Date: 2024-12-01 Lease Term Expiration Date: 6/01/2032 Rent Commencement Date: 01/01/2025 Initial Term (months): 96 Renewal Terms (months): 2 additional periods of 5 years Size of Leased Premises (sq. ft.): 9.358 indoor square foot/6.675 outdoor square foot Rent(annual & monthly): Aggregate Annual Rent: $665,835.12 Aggregate Monthly Rent: $55,486.26 Mortgage (annual & monthly): #CLSAPP24250001 Page 9 of 15 M I AM I BEACH Miami Beach Economic Development - Commercial Lease Subsidy Application FY24-25 ECONOMIC DEVELOPMENT EDGELORD LLC Application #CLSAPP24250001 Name: Jon t-utzky Phone: (954)354-2434 1=rnail: billing@edglyd.com N/A Lease-related Expenses: $300,000 was given to us from landlord for office buildout and we spent 800K working on our buildout Briefly explain the type of expenses for which reimbursement will be requested We invested$800K on top of the$300K provided for the build-out to make the space TCO/CO compliant. 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.a., 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 #CLSAPP24250001 Page 10 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com Existing Tenant / NonConforming Business Does subject property contain an active business operation? No Business dba: (if applicable) Primary Business Activities: Authorized Representative Name &Title Authorized Representative Email Authorized Representative Phone: Website: Mailing Address: Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? If yes, please provide details Federal Employer identification (FEIN): Miami Beach Business Tax Receipt(BTR): Annual Miami Beach BTR Fee: Florida Sales Tax Registration Number NAICS Code(s): (Look up code here:https://www.naics.com/search/) SIC Code(s): #CLSAPP24250001 Page 11 of 15 I M I AM I B EAC H Miami Beach Economic Development - Commercial ECONOMIC GFVF(OPMENT Lease Subsidy Application FY24-25 EDGELORD LLC Application #CLSAPP24250001 Name. Jon Lutzky Phone: (954) 354-2434 Email: billing@edgird.com Prospective / New Tenant (Permitted Use or Art & Culture Business) Has a prospective tenant has been identified for Subject property? Yes Business Registered Name EDGELORD LLC Business dba EDGLRD Primary Business Activities EDGLRD Authorized Representative Name &Title Jon Lutzky. COO Authorized Representative Email jon@edglyd.com Authorized Representative Email }on@edglyd.com Website: www.edglyd.com Mailing Address: 230 Lincoln Road Has the company or any of its officers ever been subjected to criminal or civil fines and penalties? No If yes, please briefly explain: reaerai Employer identification (rtiIN): 87-3605900 Miami Beach Business Tax Receipt(BTR): 7685462 Annual Miami Beach BTR Fee: #CLSAPP24250001 Page 12 of 15 MIAMI BEACH Miami Beach Economic Development - Commercial ECONOMIC DEVELOPMENT Lease Subsidy Application FY24 25 EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.com 135 Florida Sales Tax Registration Number (if applicable) 60-8019329349-4 NAICS Code(s): 513130 SIC Code(s): 27310200 Estimated amount of annual reimbursement to be requested: $800,000 I #CLSAPP24250001 Page 13 of 15 l M I AM I BEACH Miami Beach Economic Development - Commercial I AaCA Subsidy Application FY24-25 ECONOMIC DEVELOPMENI EDGELORD LLC Application #CLSAPP24250001 Name: jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.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 verify 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 disqualifinatinn 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. #CLSAPP24250001 Page 14 of 15 Miami Beach Economic Development - Commercial MIAMI BEACH Lease Subsidy Application FY24-25 ECONOMIC DEVROPMENT EDGELORD LLC Application #CLSAPP24250001 Name: Jon Lutzky Phone: (954) 354-2434 Email: billing@edglyd.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-Property 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. Economic Dev Signature Page.pdf Signature Affidavit- New Tenant Business Economic Dev Signature Page.pdf (if applicable) No File Uploaded #CLSAPP24250001 Page 15 of 15 E Exhibit 2 PROGRAM GUIDELINES (to be attached) Page 16 of 18 AlIN Exhibit 3 DISBURSEMENT REQUEST FORM Commercial Lease Subsidy Program Property Address: Participant Name: Participant Representative/Contact: Phone: Email: Qualified Expense Description Name and Title: Signature: Date: Page 17 of 18 Docusgn Envelope 1D:E005EC5C-BE54-41)47-A6E6F6004D124BF1 Exhibit 4 ANTI-HUMAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06(13), Florida Statutes,the undersigned,on behalf of Participant hereby attests under penalty of perjury that Participant does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled"Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Participant. PARTICIPANT: EDGELORD LLC, a Delaware limited liability company. - / /t10-u.. ti 33i 3 j (Address) Name/Title: CE) , jay? L U4Z.k State of County of - Dc c.--R The foregoing instrument was acknowledged before me by means of f/5 physical presence or Cl online notarization, this S day of Se Pt-e S C , 2025 by JO L U'f' k y as ('() ,of EDGELORD LLC, a Delaware limited liability company, known to me to be the person described herein, or who produced r T t L L _ as identification,and who did/did not take an oath. NOTARY PUBLI r�' •. ALEJANDRAROMERO (Signature) 97 ,''. Notary Public State of Florida �' Commission x HH 411331 1 v N 0 a .: My tom Expires Jun 21,2027 Bonded through National Notary Assn. 0 (Print Name) My commission expires: O +Z t�2- Page 18 of 18 r t I i v C� t i 7 i L-{-I,orry&z c MArl- / 43001 2025-33594 RESOLUTION NO A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING EDGELORD 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 NEGOTIATE AND EXECUTE THE PROGRAM AGREEMENT. WHEREAS, the Mayor and City Commission established the Commercial Lease Subsidy Program (the `Program"), a financial grant incentive to promote the City's vision for the Art Deco Cultural District, by supporting new-to-market arts and cultural businesses. reducing commercial vacancies, and phasing out legal. non-conforming businesses: and WHEREAS. the Program offers eligible businesses within the Art Deco/MiMo Commercial Character Overlay District ('ADCD Overlay") with reimbursement for leasing and mortgage expenses, including rent, insurance, and real estate taxes, up to a maximum of $60,000 over a maximum of three(3)years, subject to annual budgetary appropriation and continued compliance with all Program requirements; and WHEREAS. the Program prioritizes the following: (i) activation of vacant storefronts. (ii) supporting new-to-market arts and cultural businesses, and (iii) assisting legal non-conforming businesses, defined as those with valid BTRs whose operations were previously compliant but are now non-permitted under Ordinance No. 2017-4137, to transition in alignment with the Citys vision for the ADCD Overlay; and WHEREAS, eligible participants will be required to execute an agreement to participate in the Program (the `Agreement") and may receive. upon submission of verified expenses, reimbursement of the following: (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: and WHEREAS, applicant EDGELORD LLC ("EDGLRD"), a Florida limited liability company located at 230 Lincoln Road, Miami Beach, Florida. d/b/a EDGLRD, specializes in Al-driven film, fashion, digital art. and entertainment experiences, with global recognition and top-tier artist collaborations; and WHEREAS, EDGLRD has applied for Program participation and meets all eligibility criteria as a digital innovation firm whose flagship Miami Beach headquarters will enhance the cultural ecosystem of the ADCD Overlay through immersive arts and entertainment; and WHEREAS, EDGLRD has executed a 102-month lease for a long-vacant Lincoln Road property and plans approximately $1,250,000 in capital improvements to activate the site; and WHEREAS, City staff review confirms that EDGLRD's headquarters will advance Program goals by introducing a culturally significant, shareable experience that supports the local creative economy and draws international visitors. and • • WHEREAS, participation in the Program will support EDGLRD's ability to lease commercial property within the ADCD Overlay and reinforce the neighborhood's identity as a destination for experiential placemaking and digital arts innovation; and WHEREAS, funding is secured in the Fiscal Year 2024-2025 budget, and the City's maximum financial commitment to EDGLRD under this Program shall not exceed $20,000.00 per fiscal year, for up to three (3)years, contingent upon annual funding appropriation and budgetary approval; and WHEREAS, the Administration requests that the Mayor and City Commission approve Edgelord 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 authorize the City Manager and City Clerk to negotiate and execute the program agreement. 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 Edgelord 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 negotiate and execute the program agreement. PASSED and ADOPTED this 23rd day of April 2025. • Steven Meiner, Mayor ATTEST: JUL 2 5 202h IV�a� 60 Raf I E. Granado, City Clerk ,S Pam•' Sponsored by Commissioner Alex J. Fernandez Co-Sponsored by Commissioner Joseph Magazine APPROVED AS TO FORM & LANGUAGE & FOEXECUTION /12212c City ttorney Date Resolutions -C7 E MIAMI BEACH COMMISSION MEMORANDUM TO' Honorable Mayor and Members of the City Commission FROM: Enc Carpenter City Manager DATE' April 23. 2025 TITLE A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EDGELORD, LCC, INC. FOR PARTICIPATION IN THE COMMERCIAL LEASE SUBSIDY PROGRAM, IN AN AMOUNT NOT TO EXCEED $20,000 PER YEAR, FOR UP TO THREE (3) YEARS, SUBJECT TO FUNDING APPROPRIATION AND APPROVAL DURING THE CITY'S BUDGETARY PROCESS FOR EACH FISCAL YEAR DURING THE TERM OF THE AGREEMENT. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution, authorizing an award and participation agreement under the Commercial Lease Subsidy Program ("Program') to EDGELORD. LCC, located at 230 Lincoln Road ("Property"). BACKGROUND/HISTORY Sponsored by Commissioner Alex Fernandez. the Commercial tease Subsidy Program is a reimbursement-based financial incentive designed to invigorate the commercial environment within the Art Deco Cultural District(ADCD) The primary objectives are to support art and cultural businesses, reduce commercial vacancies. and phase out non-conforming businesses Approved by the City Commission via Resolution No. 2022-32207, the Program leverages existing zoning regulations for the Art Deco/MiMo Commercial Character Overlay District, to attract appealing business activities aligned with the City's cultural brand and community values Eligible participants may receive reimbursement for 1 Annual Business Tax Receipt (BTR) fees. and 2. Leasing expenses up to a maximum of S60,000 over three years Eligible leasing expenses include-(i)rent or mortgage payments,(ii)insurance,and(iii)real estate taxes. Reimbursement is contingent upon annual budgetary appropriation and continued compliance with Program requirements. The geographic focus is the Overlay District and includes properties bounded by Ocean Drive to the east, Fifth Street to the south, Washington Avenue to the west. and 23rd Street to the north. The Program specifically targets (i) vacant storefronts. (ii) new-to-market businesses focused on arts and culture. and (iii) legal non-conforming businesses. defined as businesses with valid Business Tax Receipt, and where operations were lawful before being reclassified as non- permitted, under Ordinance 2017-4137. Examples include, but not limited to. check-cashing stores. pawn shops, souvenir and t-shirt shops and tobacco and vape dealers 658 The Program aims to reimagine the commercial character of the Overlay District by prioritizing businesses that create immersive, shareable experiences, fostering customer engagement through artisanal, experiential, and activity-based concepts. Program applications are reviewed by City staff, and selected candidates are recommended to the City Commission. Reimbursements are issued after Program participants submit records of eligible expense payments. Applicant Details. • Applicant: EDGELORD, LLC (Tenant) • Applicant Representative Charles Jung. Owner • Property Location: 230 Lincoln Road • Landlord: 245 LINCOLN MB TITLE LLC dba 230 Lincoln MB • Business Activity: Digital innovation firm specializing in Al-driven entertainment, film, fashion, and digital art • Website. https. iedgiird.corn; ANALYSIS EDGELORD has executed a 102-month lease at 230 Lincoln Road and intends to invest approximately$1,250,000 in tenant improvements to create a state-of-the-art headquarters that will serve as both an operational base and a cultural destination The company's planned improvements are expected to significantly enhance the aesthetics and functionality of the space, aligning with the City's goals of promoting immersive, high-quality experiences within the Art Deco Cultural District. Founded by acclaimed filmmaker Harmony Korine and private equity executive Matt Holt, EDGELORD LLC is a collective known for producing groundbreaking cross-disciplinary projects. Its work spans film, music, fashion, gaming, and visual art, and the company has garnered global recognition through collaborations with internationally renowned figures such as Kim Kardashian, The Weeknd, Travis Scott, and Marc Jacobs. Most notably, EDGELORD premiered two films—AGGRO DR1 FT and BABY Invasion—at the Venice Film Festival. EDGELORD's move to Lincoln Road reflects a strategic decision to integrate into Miami Beach's cultural ecosystem and participate in the revitalization of the iconic commercial corridor. EDGELORD's relocation will activate a previously underutilized space and attract visitors through art installations, public programming. and collaborations with local crealives. Their model aligns with the CLS Program's vision of creating immersive, shareable, and culturally enriching experiences. City staff has evaluated EDGELORD proposal and determined that the company meets the Program's criteria for arts and culture-based businesses. ENGELORl3's programming and presence are expected to attract regional and international visitors, support the local creative economy, and contribute positively to the commercial landscape of South Beach Based on engagement with the applicant, City staff has determined that EDGELORD LLC is well positioned to meet the goals of the Commercial Lease Subsidy Program. The applicant has demonstrated a clear understanding of the Programs objectives and presented a strong vision for how their presence will contribute to the cultural and economic vitality of the Art Deco Cultural District_ EDGELORD is actively participating in and applying for multiple City initiatives, including the Expedited Plan Review Program(EPRP)and the Sob Creation Incentive Program (JCIP) 659 demonstrating a long-term commitment to embedding in our local business ecosystem.Their involvement in these programs reflects both operational commitment and a collaborative approach to becoming an integrated part of the Miami Beach community. The firm's alignment with City priorities across planning, permitting, and workforce development underscores its potential to generate meaningful economic and cultural impact. EDGELORD is undertaking a substantial interior build-out designed to create a high-quality, visually engaging environment reflective of their work at the intersection of digital art,fashion, and entertainment. The tenant's approach emphasizes cultural programming and immersive design, directly supporting the CLS Program's focus on experiential, arts-driven concepts that activate the pedestrian realm and contribute to a vibrant commercial corridor. EDGELORD is a new entrant to the Miami Beach business landscape, however, the company's leadership has shown professionalism and an eagerness to work collaboratively with City staff. They have expressed interest in developing partnerships with local creatives and cultural organizations, which is consistent with the Program's intent to attract culturally relevant, community-oriented businesses to the Overlay District. FISCAL IMPACT STATEMENT The Program's fiscal impact to the City is S20,000 annually for up to three (3) years, contingent upon funding appropriations in the annual budget. Funding for the Program has been secured in the Fiscal Year 2024-2025 budget. Does this Ordinance rewire a Business Impact Estimate? (FOR ORDINANCES ONLY) if applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https:flwww.miamibeachfl.govicity-hallicity clerklmeetinq-noticesl FINANCIAL INFORMATION Funding for the Commercial Lease Subsidy Program is included in the Citys Fiscal Year 2024- 2025 budget, with the total financial commitment for EDGELORD will not exceed S20,000 annually, for up to three (3) years, subject to continued appropriations. This support will assist with the reimbursement of eligible leasing expenses, in accordance with Program guidelines, and is intended to promote economic activation through innovative and culturally significant tenants within the Art Deco Cultural District. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution, authorizing an award and participation agreement under the Commercial Lease Subsidy Program ("Program")to EDGELORD, LCC, located at 230 L.ncoln Road ("Property"). ADDlicabte Area Citywide Is this a "Re%idents Right is Know" item, is this item related to a G.Q. Bond pursuant to City Code Section 2-17? Project? No No 660 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(srand principal(s): Department Economic Development Sponsor(s) Co-sponsor(sj Condensed Title Execute Agreement wf EDGELORD LLC. Commercial Lease Subsidy Program. ED Previous Action (For City Clerk Use Only) 661 fY 1I At' l I DEAL H W 4 oma back.EQGELORO LLC(EOGLRD) cr.-.y,-•,,�.�' Cf 'purr,' GranGoYAgercy Miamr Beach Ecunu+uCDevabOment Commercial Lease Subsidy Application FY24-25 4CLSAPP24250001 Property Owner Informal.101 Toe*2'Cortlenn d Intent:G:4QQH & r m .cess Recovered hes r. .,• <stvRLt.Prvatttty !Ift_', Or4G'OSdd.CAST 8"• ••:•+n,.t AcettritInt Lgb'orK)'Avant Qtiselesy PtySQ$LLrt:See • ,--c•M Ree,eo,o!:ttve Nam. •rr nre•1! a^a'' 'P-T!tec Use ur &•:u !t, „ 3 @szk,_ ss Aac'tcrncye!ser: .«.'t o!tttM Repre;et r!twe!tk tIL4_EDLr . ubt r>s•x.Pnye M.:!nntnA RATt:wctr.t a-,ve F.rna, • AG•i-_rrma Re presto;4:1 e'tior• (mg;rma. 662 Confirm with Landlord Info • .4,-, s Fpetiar..- f-F•!!.! •M.7.,'"64' -e .p.7 r !‘• •!'C •..• - • ., •• • • • , . • .- , . . . . G4110 Vvost 663 Economic Development Department DATE: September 19, 2025 TO: Maria Hernandez, Assistant City Manager FROM: Justin Karr, Economic Development Manager Commercial Lease Subsidy (CLS) Program SUBJECT: Grant Agreement EDGELORD, LLC (230 Lincoln Rd) Routing: X Maria Hernandez X Eric Carpenter X Rafael Granado For: Information Only X Review and approval X City Manager's Signature Other Comments: • The CLS Program was created to revitalize the ADCD by supporting arts and cultural leases, phasing out nonconforming uses, and reducing vacancies. • Enclosed for your signature is a form approved CLS Program Agreement with EDGELORD, LLC (230 Lincoln Road), approved by Resolution 2025-33594 (April 23, 2025), also enclosed, • The FY 2025 budget includes funding for the agreement's three-year term (up to $60,000 in reimbursements). Thank you! Return to: Justin x 22548