AGENDA REPORT
Meeting Date: April 12, 2022
Item Number:
To: Honorable Mayor & City Council
From: Logan Phillippo, Policy & Management Analyst
Jonathan Gernes, Management Analyst
Subject: APPROVAL OF AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF BEVERLY HILLS AND PALEY CENTER FOR MEDIA AT 444
NORTH REXFORD DRIVE
Attachment: 1. Amendment to Lease
RECOMMENDATION
Staff recommends City Council approve the Amendment to Lease by and between the City of Beverly Hills and Paley Center for Media (the “Tenant”) at 444 North Rexford Drive.
INTRODUCTION
Due to delays related to the COVID-19 Pandemic, the Tenant has not completed its move into its leased space in the City Library building at 444 North Rexford Drive. The proposed Amendment to Lease would extend the term of the Lease through February 29, 2024, and no longer require monthly operating expense payments to the City.
DISCUSSION
The Paley Center for Media has a lease with the City for a small portion of the second floor of the Library to provide the public with access to the Paley digital archives. The lease also includes an approximately 192 square-foot office for Paley support staff to manage access to the archives during hours established by the Paley Center.
City Council approved the lease on February 18, 2020, with a term of two years. However, due to the pandemic, the Tenant never actually moved its staff to the Library or operated the digital archives. The Tenant has continued to pay monthly utility and operating expense amounts required under the lease despite never having actually occupied the premises.
D-13
Meeting Date: April 12, 2022
The Amendment to Lease would extend the term through February 29, 2024, and remove the Tenant’s required monthly operating expense charge without any other substantial change to the agreement.
FISCAL IMPACT
The proposed lease amendment removes the monthly additional rent payable to the City for all utility services and building operation and maintenance costs for the Premises during the extension term; this was $390 per month. There is no base rent payable for the two-year extension.
There are no broker’s commissions associated with this lease amendment.
Gabriella Yap,
Deputy City Manager
Approved By
Attachment 1
B0785-0001\2625617v1.doc
AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE (this “Amendment”) is dated as of _____________, 2022 (the “Effective Date”), and is entered into by and between the CITY OF BEVERLY HILLS (“Landlord”) and THE PALEY CENTER FOR MEDIA, a 501(c)(3) corporation (“Tenant”).
R E C I T A L S
A. Landlord and Tenant entered into that certain Lease dated February 18, 2020 (the “Lease”) which affects a portion of the building at 444 N. Rexford Drive in Beverly Hills, California 90210 (the “Premises”).
B. Landlord and Tenant desire to amend the Lease.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing recitals, and the covenants and conditions contained herein, and for other consideration, the sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Extension of Term. The term of the Lease is hereby extended to February 29, 2024.
2. Deletion/Termination of CAM Charges. The first sentence of Section 4 of the Lease is hereby deleted.
3. Memorandum of Lease. Upon its execution and delivery of this Amendment, Tenant shall concurrently execute and deliver a duly acknowledged counterpart of a Memorandum of Lease in the form attached hereto as Exhibit “A”. The City Manager shall have the authority to execute such Memorandum of Lease on behalf of Landlord.
4. DocuSign. The parties may use DocuSign to execute and deliver this Amendment, but Tenant must deliver an executed original of the Memorandum of Lease to Landlord, duly acknowledged, so that it can be executed and recorded by Landlord.
5. Brokers. Tenant represents and warrants that Landlord has not engaged any real estate broker, salesperson or finder in connection with this Amendment, and Tenant shall indemnify, defend and hold Landlord harmless from and against any claims that may be asserted against Landlord by any real estate broker, salesperson or finder in connection with this Amendment that is based on any agreements or communications between Tenant and any such real estate broker, salesperson or finder. Landlord represents and warrants that Landlord has not engaged any real estate broker, salesperson or finder in connection with this Amendment, and Landlord shall indemnify, defend and hold Tenant harmless from and against any claims that may be asserted against Tenant by any real estate broker, salesperson or finder in connection with this Amendment that is based on any agreements or communications between Landlord and any such real estate broker, salesperson or finder.
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199
6. Conflict. In the event of a conflict or inconsistency between the terms and conditions of the Lease and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail and control.
7. Continuing Effect. Except as specifically modified hereby, the Lease shall remain unaffected and unchanged. The Lease is hereby ratified and affirmed by Landlord and Tenant and remains in full force and effect as modified hereby.
8. Capitalized Terms. All capitalized terms when used herein shall have the same meanings given such terms in the Lease unless expressly superseded by the terms of this Amendment.
9. Counterparts. This Amendment may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Amendment as of the date and year first above written.
LANDLORD: CITY OF BEVERLY HILLS
By:
Lili Bosse, Mayor
ATTEST:
_________________________________
Huma Ahmed, City Clerk
APPROVED AS TO FORM:
_________________________________
Laurence S. Wiener, City Attorney
APPROVED AS TO CONTENT:
_________________________________
George Chavez, City Manager
TENANT: THE PALEY CENTER FOR MEDIA
By: ____________________________
David Schoer, CFO, EVP, Finance &
Operations
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199 EXHIBIT “A”
FORM OF MEMORANDUM OF LEASE
(Attached.)
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199 B0785-0001\2625617v1.doc
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Attn: City Clerk
(Space Above Line For Recorder’s Use)
Exempt from Recording Fees under California Government Code 27383.
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (this “Amendment”) is dated as of ___________________, 2022, and is entered into by and between the CITY OF BEVERLY HILLS (“Landlord”), and THE PALEY CENTER FOR MEDIA, a 501(c)(3) corporation (“Tenant”).
R E C I T A L S
A. Landlord and Tenant entered into that certain Lease dated February 18, 2020 and amended it by an Amendment of Lease dated substantially concurrently herewith (the “Lease”) which affects a portion of the the building located at 444 N. Rexford Drive, in Beverly Hills, California 90210 (the “Premises”).
B. Landlord and Tenant desire to execute and record this Memorandum of Lease to comply with law requiring that municipal leases be recorded.
A G R E E M E N T
NOW, THEREFORE, Landlord and Tenant hereby acknowledge the existence of the Lease, and incorporate the Lease herein by this reference.
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199 B0785-0001\2625617v1.doc
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum.
LANDLORD: CITY OF BEVERLY HILLS
By:
George Chavez, City Manager
TENANT: THE PALEY CENTER FOR MEDIA
By:
David Schoer, CFO, EVP, Finance &
Operations
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199 DRAFT
B0785-0001\2625617v1.doc
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199 B0785-0001\2625617v1.doc
State of California )
County of Los Angeles )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of
that document.
DocuSign Envelope ID: 3E8BBCAE-AF86-42F9-BFBD-ECACB9829199 Certificate Of Completion
Envelope Id: 3E8BBCAEAF8642F9BFBDECACB9829199 Status: Sent Subject: DocuSign: The Paley Center for Media - Amendment to Lease Source Envelope:
Document Pages: 7 Signatures: 2 Envelope Originator:
Certificate Pages: 3 Initials: 0 Jonathan Gernes
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 104.175.193.255
Record Tracking
Status: Original
3/7/2022 2:30:42 PM
Holder: Jonathan Gernes
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David Schoer
[email protected]
CFO, EVP, Finance & Operations
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 12.23.2.98
Sent: 3/7/2022 5:35:06 PM
Viewed: 3/8/2022 8:36:05 AM
Signed: 3/9/2022 6:47:29 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Bruce Galloway for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.234.201
Sent: 3/9/2022 6:47:31 AM
Viewed: 3/9/2022 7:08:55 AM
Signed: 3/9/2022 7:09:02 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 3/9/2022 7:09:04 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 3/7/2022 5:35:06 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lourdes Sy-Rodriguez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/7/2022 5:35:06 PM
Payment Events Status Timestamps