Meeting Date: May 16, 2023
AGENDA REPORT
Meeting Date: May 16, 2023
Item Number:
To: Board of Directors, The Parking Authority of the City of Beverly Hills From: Logan Phillippo, Real Property Development Manager Jonathan Gernes, Management Analyst
Subject: APPROVAL OF AMENDMENT OF LEASE BY AND BETWEEN THE
PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS AND DILIP
DHUNGANA AND ANJU GHIMIRE DBA ANU BEAUTY & THREADING
STUDIO AT 335 SOUTH ROBERTSON BOULEVARD;
APPROVAL OF AMENDMENT OF LEASE BY AND BETWEEN THE
PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS AND HANG NGUYEN DBA CONTEMPO NAILS AT 333 SOUTH ROBERTSON
BOULEVARD;
APPROVAL OF AMENDMENT OF LEASE BY AND BETWEEN THE
PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS AND
ROBERTSON OPTICAL, AKBAR SOLTAN RAHMATI AND AZHRA
FARZAMIGOHAR AT 327 ½ SOUTH ROBERTSON BOULEVARD; AND
APPROVAL OF TERMINATION OF TENANCY, AND SETTLEMENT/
RELEASE AGREEMENT BY AND BETWEEN THE PARKING
AUTHORITY OF THE CITY OF BEVERLY HILLS AND VIDA
DELSHAD AND DAVID DELSHAD DBA SHORTY YOGA AT 333 ½
SOUTH ROBERTSON BOULEVARD
Attachments: 1. Amendment of Lease with Dilip Dhungana and Anju Ghimire DBA Anu Beauty & Threading Studio
2. Amendment of Lease with Hang Nguyen DBA Contempo Nails
3. Amendment of Lease with Robertson Optical, Akbar Soltan Rahmati and Azhra Farzamigohar
4. Termination of Tenancy, and Settlement/Release Agreement with Vida Delshad and David Delshad DBA Shorty Yoga
D-2
Meeting Date: May 16, 2023
RECOMMENDATION
Staff recommends The Parking Authority Board of Directors approve:
1. Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Dilip Dhungana and Anju Ghimire DBA Anu Beauty & Threading Studio (“Anu Beauty”) at 335 South Robertson Boulevard;
2. Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Hang Nguyen DBA Contempo Nails (“Contempo Nails”) at 333 South Robertson Boulevard;
3. Amendment of Lease by and between The Parking Authority of the City of Beverly Hills and Robertson Optical, Akbar Soltan Rahmati and Azhra Farzamigohar (“Robertson Optical”) at 327 ½ South Robertson Boulevard; and
4. Termination of Tenancy, and Settlement/Release Agreement by and between The Parking Authority of the City of Beverly Hills and Vida Delshad and David Delshad DBA Shorty Yoga (“Shorty Yoga”) at 333 ½ South Robertson Boulevard.
INTRODUCTION
The proposed agreements with Anu Beauty, Contempo Nails, Robertson Optical and Shorty Yoga (the “Tenants”) will release the Tenants of rent obligations from April 2020 through January 2022 and release The Parking Authority from all tenant claims for potential relocation fees associated with The Parking Authority’s 2019 acquisition of the property. The agreement with Shorty Yoga will release the tenant from rent obligations from April 2020 through January 2022 and July 2022 through May 2023, release The Parking Authority from all tenant claims for potential relocation fees and terminate the lease.
DISCUSSION
The Parking Authority acquired 327-335 South Robertson Boulevard on November 14, 2019 and assumed the month-to-month lease agreements with the Tenants.
Due to the substantial financial impacts related to COVID-19, the Tenants accrued unpaid rent balances totaling $59,840 to $79,200 each during April 2020 through January 2022.
The County of Los Angeles COVID-19 Tenant Protections Resolution provided commercial tenants with nine or fewer employees the ability to repay outstanding rent balances accrued from March 4, 2020 through January 31, 2022, by no later than January 31, 2023. The Tenants have stated an inability to pay the accrued rent balances and the balances have remained outstanding since the January 31, 2023 deadline established by Los Angeles County. The proposed agreements address the outstanding balances in consideration of potential relocation fees The Parking Authority could owe to the Tenants related to The Parking Authority’s acquisition of the property for a future public project.
The proposed Amendments of Lease with Anu Beauty, Contempo Nails and Robertson Optical provide the following key terms:
The tenant releases The Parking Authority from all relocation claims; The tenant is released from base rent and operating expenses from April 2020 through January 2022; and
Meeting Date: May 16, 2023
The lease shall continue on a month-to-month basis, with the tenant able to terminate upon 30-days prior written notice, and The Parking Authority able to terminate upon 90-days prior written notice.
The Parking Authority has evaluated potential redevelopment options of the 327-335 South Robertson Boulevard site since the acquisition of the property in 2019. Such considerations have included the potential for an affordable housing development, where the site was listed as a location for consideration in the Request for Qualifications/Conceptual Proposal released on April 1, 2022. The Parking Authority has no plans as of this time for the redevelopment of the property. The maintenance of the lease agreements on a month-to-month basis, with an extended 90-day notice-toterminate period by The Parking Authority, allows The Parking Authority greater flexibility in the future while providing Anu Beauty, Contempo Nails and Robertson Optical with greater notice should plans to redevelop the site be formalized.
Shorty Yoga did not operate its business in the leased premises from April 1, 2020 onward.
As a result, the proposed Termination of Tenancy, and Settlement/Release Agreement with Shorty Yoga differs from the agreements with the other three tenants and includes the following key terms:
The tenant represents that the space has not been utilized since April 1, 2020, and the lease is terminated as of the date of the agreement (May 16, 2023); The tenant releases The Parking Authority from all relocation claims; and The tenant is released from base rent and operating expenses from April 2020 through January 2022, and from July 2022 through May 2023. The tenant paid rent from February 2022 through June 2022. The Parking Authority will not return any rent amounts paid by the Tenant.
FISCAL IMPACT
The total rent to be waived for each tenant based on the proposed agreements is: $79,200 for Anu Beauty, $60,940 for Contempo Nails, $59,840 for Robertson Optical and $113,850 for Shorty Yoga. The proposed agreements will in total waive $313,830 in rent. The Tenants release The Parking Authority from all claims for any relocation benefits to which the Tenants may otherwise be entitled.
Ryan Gohlich,
Assistant City Manager
Approved By
Attachment 1
-1-
B0785-0001\2808011v1.doc
AMENDMENT OF LEASE
THIS AMENDMENT OF LEASE (this “Amendment”) is dated as of ____________, 2023, and is entered into by and between THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS, a parking authority established pursuant to the Parking Law of 1949 of the State of California (“Lessor”) and DILIP DHUNGANA and ANJU GHIMIRE (dba “Anu Beauty & Threading Studio”) (collectively, “Lessee”).
R E C I T A L S
A. Lessor’s predecessor-in-interest and Lessee entered into an AIR Commercial Real Estate Association Standard Industrial/Commercial Multi-Tenant Lease--Gross dated May 12, 2014 (“Lease”) for space (“Premises”) in the building (“Building”) located at 327-335 South Robertson Boulevard, Beverly Hills, California.
B. Lessor has acquired the Building subject to the Lease.
C. The Lease has expired, but Lessee remains in possession of the Premises under a month-to-month tenancy on the terms of the Lease.
D. Lessor and Lessee desire to amend the Lease and give certain waivers and releases as hereinafter set forth.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements and releases contained herein, and other consideration, the sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Modification of Lessor’s Right to Terminate Tenancy. As off the date hereof, the month-to-month tenancy under the Lease shall be terminable by Lessor upon ninety (90) days’ prior written notice to Lessee, not 30 days’ prior written notice. (Lessee may still terminate said month-to-month tenancy upon thirty (30) days’ prior written notice to Lessor.) Upon termination of the tenancy/Lease, Lessee shall promptly remove all of its personal property from the Premises, and any personal property not removed within five (5) business days after termination may be retained or disposed of by Lessor without obligation or liability to Lessee, and Lessee hereby waives all laws and statutes to the contrary.
2. Lessor Waiver of Certain Lessee Payment Obligation. Lessor hereby waives Lessee’s obligations to pay Base Rent and Lessee’s Share of Operating Expenses (as such capitalized terms are defined/described in the Lease) for the period from the beginning of April, 2020 through the end of January, 2022, and releases Lessee from liability for such past-due charges.
3. Lessee Waiver of Relocation Claims/Benefits. In exchange for the modification of time for Lessor to terminate the tenancy/Lease in Section 1 above and the waiver and release by DocuSign Envelope ID: 97BF16D5-AB18-41BE-BB24-B76D3E7DB31E -2-
B0785-0001\2808011v1.doc
Lessor in Section 2 above, Lessee hereby waives, and releases Lessor from, any and all obligations to pay or provide relocation benefits upon Lessor’s termination of the Lease under Section 1 above (such that Lessor shall have no obligation to provide assistance under any federal, state, or local relocation laws, regulations or guidelines, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes).
4. Continuing Effect. Except as specifically modified hereby, the Lease shall remain unaffected and unchanged. The Lease is hereby ratified and affirmed by Lessor and Lessee and remains in full force and effect as modified hereby.
5. 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.
6. Executive Director Authority. The Executive Director of Lessor shall have the authority to execute this Amendment and any and all documents contemplated or permitted by this Amendment.
7. DocuSign. The parties may use DocuSign to execute and deliver this Amendment (and for that purpose, DocuSign emails can be sent to Lessee at [email protected]).
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the date and year first above written.
LESSOR:
THE PARKING AUTHORITY OF THE
CITY OF BEVERLY HILLS,
a parking authority established pursuant to
the Parking Law of 1949 of the State of
California
By:
Julian A. Gold, M.D., Chairperson
APPROVED AS TO CONTENT:
_____________________________
Nancy Hunt-Coffey, Executive Director
ATTEST:
Huma Ahmed, Secretary
APPROVED AS TO FORM:
Laurence S. Wiener, General Counsel
LESSEE:
Dilip Dhungana
Anju Ghimire
DocuSign Envelope ID: 97BF16D5-AB18-41BE-BB24-B76D3E7DB31E Certificate Of Completion
Envelope Id: 97BF16D5AB1841BEBB24B76D3E7DB31E Status: Sent Subject: Complete with DocuSign: Anu Beauty - Amendment of Lease.pdf Source Envelope:
Document Pages: 2 Signatures: 3 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: 104.175.192.151
Record Tracking
Status: Original
5/5/2023 4:43:50 PM
Holder: Jonathan Gernes
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Anju Ghimire
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 47.34.208.112
Signed using mobile
Sent: 5/5/2023 4:50:22 PM
Viewed: 5/5/2023 5:54:18 PM
Signed: 5/8/2023 11:51:24 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dilip Dhungana
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 47.34.208.112
Signed using mobile
Sent: 5/5/2023 4:50:22 PM
Viewed: 5/5/2023 6:02:18 PM
Signed: 5/8/2023 11:50:48 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: 208.87.235.180
Sent: 5/8/2023 11:51:27 AM
Viewed: 5/8/2023 12:30:21 PM
Signed: 5/8/2023 12:30:27 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2023 12:30:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/5/2023 4:50:23 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
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Michelle Ramos-Vergara
[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 Sent Hashed/Encrypted 5/5/2023 4:50:23 PM
Payment Events Status Timestamps
Attachment 2
-1-
B0785-0001\2808009v1.doc
AMENDMENT OF LEASE
THIS AMENDMENT OF LEASE (this “Amendment”) is dated as of ____________, 2023, and is entered into by and between THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS, a parking authority established pursuant to the Parking Law of 1949 of the State of California (“Lessor”) and HANG NGUYEN (dba “Contempo Nails”) (“Lessee”).
R E C I T A L S
A. Lessor’s predecessor-in-interest and Lessee entered into an AIR Commercial Real Estate Association Standard Industrial/Commercial Multi-Tenant Lease--Gross dated July 15, 2010 (“Lease”) for space (“Premises”) in the building (“Building”) located at 327-335 South Robertson Boulevard, Beverly Hills, California.
B. Lessor has acquired the Building subject to the Lease.
C. The Lease has expired, but Lessee remains in possession of the Premises under a month-to-month tenancy on the terms of the Lease.
D. Lessor and Lessee desire to amend the Lease and give certain waivers and releases as hereinafter set forth.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements and releases contained herein, and other consideration, the sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Modification of Lessor’s Right to Terminate Tenancy. As off the date hereof, the month-to-month tenancy under the Lease shall be terminable by Lessor upon ninety (90) days’ prior written notice to Lessee, not 30 days’ prior written notice. (Lessee may still terminate said month-to-month tenancy upon thirty (30) days’ prior written notice to Lessor.) Upon termination of the tenancy/Lease, Lessee shall promptly remove all of its personal property from the Premises, and any personal property not removed within five (5) business days after termination may be retained or disposed of by Lessor without obligation or liability to Lessee, and Lessee hereby waives all laws and statutes to the contrary.
2. Lessor Waiver of Certain Lessee Payment Obligation. Lessor hereby waives Lessee’s obligations to pay Base Rent and Lessee’s Share of Operating Expenses (as such capitalized terms are defined/described in the Lease) for the period from the beginning of April, 2020 through the end of January, 2022, and releases Lessee from liability for such past-due charges.
3. Lessee Waiver of Relocation Claims/Benefits. In exchange for the modification of time for Lessor to terminate the tenancy/Lease in Section 1 above and the waiver and release by Lessor in Section 2 above, Lessee hereby waives, and releases Lessor from, any and all DocuSign Envelope ID: 29AD7E57-94D3-4458-9D83-D00FEFEC77A0 -2-
B0785-0001\2808009v1.doc
obligations to pay or provide relocation benefits upon Lessor’s termination of the Lease under Section 1 above (such that Lessor shall have no obligation to provide assistance under any federal, state, or local relocation laws, regulations or guidelines, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes).
4. Continuing Effect. Except as specifically modified hereby, the Lease shall remain unaffected and unchanged. The Lease is hereby ratified and affirmed by Lessor and Lessee and remains in full force and effect as modified hereby.
5. 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.
6. Executive Director Authority. The Executive Director of Lessor shall have the authority to execute this Amendment and any and all documents contemplated or permitted by this Amendment.
7. DocuSign. The parties may use DocuSign to execute and deliver this Amendment (and for that purpose, DocuSign emails can be sent to Lessee at [email protected]).
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the date and year first above written.
LESSOR:
THE PARKING AUTHORITY OF THE
CITY OF BEVERLY HILLS,
a parking authority established pursuant to
the Parking Law of 1949 of the State of
California
By:
Julian A. Gold, M.D., Chairperson
APPROVED AS TO CONTENT:
_____________________________
Nancy Hunt-Coffey, Executive Director
ATTEST:
Huma Ahmed, Secretary
APPROVED AS TO FORM:
Laurence S. Wiener, General Counsel
LESSEE:
Hang Nguyen
DocuSign Envelope ID: 29AD7E57-94D3-4458-9D83-D00FEFEC77A0 Certificate Of Completion
Envelope Id: 29AD7E5794D344589D83D00FEFEC77A0 Status: Sent Subject: Complete with DocuSign: Contempo Nails - Amendment of Lease.pdf Source Envelope:
Document Pages: 2 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: 104.175.192.151
Record Tracking
Status: Original
5/5/2023 4:37:52 PM
Holder: Jonathan Gernes
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Hang Nguyen
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 172.58.209.210
Signed using mobile
Sent: 5/5/2023 4:43:43 PM
Viewed: 5/8/2023 4:28:25 PM
Signed: 5/8/2023 4:29:16 PM
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: 208.87.235.180
Sent: 5/8/2023 4:29:17 PM
Viewed: 5/9/2023 6:43:10 AM
Signed: 5/9/2023 6:43:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/9/2023 6:43:17 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[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]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/5/2023 4:43:43 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
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michelle Ramos-Vergara
[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 5/5/2023 4:43:43 PM
Payment Events Status Timestamps
Attachment 3
-1-
B0785-0001\2808006v1.doc
AMENDMENT OF LEASE
THIS AMENDMENT OF LEASE (this “Amendment”) is dated as of ____________, 2023, and is entered into by and between THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS, a parking authority established pursuant to the Parking Law of 1949 of the State of California (“Lessor”) and AKBAR SOLTAN RAHMATI and AZHRA FARZAMIGOHAR (dba “Robertson Optical”) (collectively, “Lessee”).
R E C I T A L S
A. Lessor’s predecessor-in-interest and Lessee entered into a Standard Gross LeaseMulti-Tenant dated September 20, 1996, and amendments (“Lease”) for space (“Premises”) in the building (“Building”) located at 327-335 South Robertson Boulevard, Beverly Hills, California.
B. Lessor has acquired the Building subject to the Lease.
C. The Lease has expired, but Lessee remains in possession of the Premises under a month-to-month tenancy on the terms of the Lease.
D. Lessor and Lessee desire to amend the Lease and give certain waivers and releases as hereinafter set forth.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements and releases contained herein, and other consideration, the sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows:
1. Modification of Lessor’s Right to Terminate Tenancy. As off the date hereof, the month-to-month tenancy under the Lease shall be terminable by Lessor upon ninety (90) days’ prior written notice to Lessee, not 30 days’ prior written notice. (Lessee may still terminate said month-to-month tenancy upon thirty (30) days’ prior written notice to Lessor.) Upon termination of the tenancy/Lease, Lessee shall promptly remove all of its personal property from the Premises, and any personal property not removed within five (5) business days after termination may be retained or disposed of by Lessor without obligation or liability to Lessee, and Lessee hereby waives all laws and statutes to the contrary.
2. Lessor Waiver of Certain Lessee Payment Obligation. Lessor hereby waives Lessee’s obligations to pay Base Rent and Lessee’s Share of Operating Expenses (as such capitalized terms are defined/described in the Lease) for the period from the beginning of April, 2020 through the end of January, 2022, and releases Lessee from liability for such past-due charges.
3. Lessee Waiver of Relocation Claims/Benefits. In exchange for the modification of time for Lessor to terminate the tenancy/Lease in Section 1 above and the waiver and release by Lessor in Section 2 above, Lessee hereby waives, and releases Lessor from, any and all DocuSign Envelope ID: 33406E38-4AD2-4533-95FC-4BFBD6924D1F -2-
B0785-0001\2808006v1.doc
obligations to pay or provide relocation benefits upon Lessor’s termination of the Lease under Section 1 above (such that Lessor shall have no obligation to provide assistance under any federal, state, or local relocation laws, regulations or guidelines, including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes).
4. Continuing Effect. Except as specifically modified hereby, the Lease shall remain unaffected and unchanged. The Lease is hereby ratified and affirmed by Lessor and Lessee and remains in full force and effect as modified hereby.
5. 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.
6. Executive Director Authority. The Executive Director of Lessor shall have the authority to execute this Amendment and any and all documents contemplated or permitted by this Amendment.
7. DocuSign. The parties may use DocuSign to execute and deliver this Amendment (and for that purpose, DocuSign emails can be sent to Lessee at [email protected]).
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the date and year first above written.
LESSOR:
THE PARKING AUTHORITY OF THE
CITY OF BEVERLY HILLS,
a parking authority established pursuant to
the Parking Law of 1949 of the State of
California
By:
Julian A. Gold, M.D., Chairperson
APPROVED AS TO CONTENT:
_____________________________
Nancy Hunt-Coffey, Executive Director
ATTEST:
Huma Ahmed, Secretary
APPROVED AS TO FORM:
Laurence S. Wiener, General Counsel
LESSEE:
Akbar Soltan Rahmati
Azhra Farzamigohar
DocuSign Envelope ID: 33406E38-4AD2-4533-95FC-4BFBD6924D1F Certificate Of Completion
Envelope Id: 33406E384AD2453395FC4BFBD6924D1F Status: Sent Subject: Complete with DocuSign: Robertson Optical - Amendment of Lease.pdf Source Envelope:
Document Pages: 2 Signatures: 3 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: 104.175.192.151
Record Tracking
Status: Original
5/5/2023 4:28:03 PM
Holder: Jonathan Gernes
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Azhra Farzamigohar
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 76.95.225.177
Sent: 5/5/2023 4:37:44 PM
Viewed: 5/7/2023 7:48:53 PM
Signed: 5/7/2023 7:49:55 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Azhra Farzamigohar
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 172.90.244.121
Signed using mobile
Sent: 5/5/2023 4:37:45 PM
Viewed: 5/6/2023 10:58:19 AM
Signed: 5/6/2023 11:55:23 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: 208.87.235.180
Sent: 5/7/2023 7:49:56 PM
Viewed: 5/8/2023 6:31:34 AM
Signed: 5/8/2023 6:31:44 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/8/2023 6:31:45 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/5/2023 4:37:44 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
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Michelle Ramos-Vergara
[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 Sent Hashed/Encrypted 5/5/2023 4:37:45 PM
Payment Events Status Timestamps
Attachment 4
B0785-0001\2712260v4.doc
TERMINATION OF TENANCY, AND SETTLEMENT/RELEASE AGREEMENT
THIS TERMINATION OF TENANCY, AND SETTLEMENT/RELEASE
AGREEMENT (“Agreement”) is dated as of ____________, 2023 (the “Effective Date”), and is entered into by and between THE PARKING AUTHORITY OF THE CITY OF BEVERLY HILLS (“Owner”), and VIDA DELSHAD and DAVID DELSHAD doing business as “Shorty Yoga”, and SHORTY YOGA, a California corporation (collectively, “Tenant”).
RECITALS
A. Tenant leased premises at 333 ½ South Robertson Boulevard, Beverly Hills, CA 90211 (the “Premises”) pursuant to that certain Standard Industrial/Commercial Multi-Tenant Lease - Gross dated September 12, 2017 (“Lease”).
B. The term of the Lease expired on October 31, 2018, and Tenant thereafter occupied the Premises pursuant to a month-to-month tenancy under the Lease.
C. On November 14, 2019, Owner acquired the building containing the Premises subject to the Lease.
D. Tenant has vacated the Premises and removed all of Tenant’s personal property from the Premises.
E. Owner believes Tenant owes past-due rent to Owner, and Tenant believes Tenant may have a claim for relocation benefits against Owner.
F. Owner and Tenant have agreed to enter into this Agreement in order to mutually release such claims, and any other claims either may have against each other relating to the Lease or the tenancy thereunder or by Tenant thereafter, and confirm that the tenancy created by the Lease and the Lease have terminated, and that Owner shall have exclusive access to the Premises.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and release(s) set forth, and other consideration, the sufficiency of which the parties hereto acknowledge, the parties hereto agree as follows:
1. Representation by Tenant; Termination of Lease/Tenancy. Tenant hereby represents and warrants to Owner that Tenant has not used the premises for business since April 1, 2020, and Tenant acknowledges and stipulates that the foregoing is a material fact being relied upon by Owner in entering into this Agreement. Tenant hereby confirms and agrees that the Lease, any tenancy under or in connection with the Lease (including any month-to-month tenancy), and any right of possession in favor of Tenant, are terminated. Tenant confirms that Tenant has removed all its removable personal property, trade fixtures, furniture and equipment from the Premises, and any not so removed may be retained by Owner or disposed of by Owner, without obligation or liability to Tenant.
DocuSign Envelope ID: 933B2C3C-ABC1-4208-A9DC-6A7503F7BDB5 B0785-0001\2712260v4.doc
2. Mutual Releases.
2.1 Definition of Claims. As used herein, the term “Claims” shall mean any past, present or future, fixed or contingent, matured or unmatured, liquidated or unliquidated, claims, cross-claims, obligations, liabilities, rights, demands, notices, injuries, damages, losses, requests, obligations to defend or indemnify, suits, lawsuits, costs, costs of suit, attorneys’ fees, experts’ fees, actions, administrative proceedings, causes of action or orders, of any nature, character, type or description, whenever and however occurring, whether at law, or in equity, and whether sounding in tort, contract, nuisance, trespass, negligence, strict liability or any statutory, common law or other cause of action.
2.2 Release by Owner. Owner hereby fully and irrevocably releases, waives, acquits and discharges Tenant from all Claims for rent and other payments under the Lease or any subsequent tenancy by Tenant, whether known or unknown, existing or potential, suspected or unsuspected, or that may hereafter be sustained, that Owner may have or assert, or may hereafter have or assert, by reason of any contract (express, oral or written, implied in fact or implied in law), or the Premises, excluding any obligations of Tenant under any indemnity or defense provisions under the Lease and arising prior to Tenant’s vacation of the Premises.
2.3 Release by Tenant. Tenant hereby fully and irrevocably releases, waives, acquits and discharges Owner from all Claims, whether known or unknown, existing or potential, suspected or unsuspected, or that may hereafter be sustained, that Tenant may have or assert, or may hereafter have or assert, by reason of any contract (express, oral or written, implied in fact or implied in law), right to defense or indemnification (legal or equitable, contractual, statutory or common law), liability, matter, cause, fact, thing or act or omission arising out of, caused by or having any connection with the Lease, any subsequent tenancy, or the Premises (including any Relocation Benefits, as defined in Section 3 below).
2.4 Discovery of Facts. Owner and Tenant acknowledge that they may hereafter discover facts different from, or in addition to, those that they now believe to be true with respect to any and all of the matters or rights released in this Section. Nevertheless, Owner and Tenant agree that the releases set forth in this Section shall be and remain effective in all respects, notwithstanding the discovery of any such different or additional facts.
2.5 1542 Waiver. Owner and Tenant hereby waive and relinquish all rights and benefits under California Civil Code Section 1542, which provides as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY
HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Owner’s Initials Tenant’s Initials
3. Waiver of Relocation Assistance/Benefits. Owner shall have no obligation to provide assistance under any federal, state, or local relocation laws, regulations or guidelines, DocuSign Envelope ID: 933B2C3C-ABC1-4208-A9DC-6A7503F7BDB5 B0785-0001\2712260v4.doc
including, without limitation, the California Relocation Assistance and Real Property Acquisition statutes (“Relocation Benefits”).
4. Entire Agreement. This Agreement is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreement and discussion.
5. No Waiver. The waiver of any provision of this Agreement must be in writing and signed by the party providing such waiver.
6. Severability. If any court of competent jurisdiction determines any provision of this Agreement to be invalid, illegal or unenforceable, that provision shall be deemed severed from the rest, which shall remain in full force and effect as though the invalid, illegal or unenforceable provision had never been a part hereof.
7. Counterparts; Electronic Signatures. This Agreement 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.
Emailed copies of this Agreement may be executed and may be delivered by email.
8. Governing Law; Jurisdiction. The terms and conditions of, and the rights and obligations under, this Agreement shall be construed and enforced in accordance with, and governed by, the local laws of the State of California. Tenant hereby submits to the jurisdiction of the Superior Court of the State of California in Los Angeles County and agrees that any dispute regarding the interpretation or enforcement of, or any other matter relating to, this Agreement shall be determined in and by such court.
9. Authority. Each party represents to the other that this Agreement has been duly authorized by it and that the person executing this Agreement on behalf of it is duly authorized to do so.
10. Advice or Legal Counsel. Each party represents and warrants to the other that such party has read and understands this Agreement and has consulted with and been represented by its own legal counsel in connection with the negotiation and execution of this Agreement.
11. Attorneys’ Fees. If there is any legal proceeding to enforce or interpret any provision of this Agreement or any of the agreements or instruments contemplated hereby to protect or establish any right or remedy of any party, the unsuccessful party to such proceeding shall pay the prevailing party all costs and expenses, including reasonable attorneys’ fees and costs, incurred by such prevailing party. Attorneys’ fees and costs in enforcing any judgment or in connection with any appeal shall be recoverable separately from and in addition to any other amount included in such judgment.
IN WITNESS WHEREOF, Owner and Tenant have executed this Agreement as of the day and year first set forth above.
DocuSign Envelope ID: 933B2C3C-ABC1-4208-A9DC-6A7503F7BDB5 B0785-0001\2712260v4.doc
OWNER:
THE PARKING AUTHORITY OF THE
CITY OF BEVERLY HILLS, a parking
authority established pursuant to the Parking
Law of 1949 of the State of California
By:
Julian A. Gold, M.D., Chairperson
ATTEST:
Huma Ahmed, Secretary
APPROVED AS TO CONTENT:
Nancy Hunt-Coffey, Executive Director
APPROVED AS TO FORM:
Laurence S. Wiener, General Counsel
TENANT:
SHORTY YOGA,
a California corporation
By: ___________________________
Vida Delshad
By: _________________________
David Delshad
DocuSign Envelope ID: 933B2C3C-ABC1-4208-A9DC-6A7503F7BDB5 Certificate Of Completion
Envelope Id: 933B2C3CABC14208A9DC6A7503F7BDB5 Status: Sent Subject: Complete with DocuSign: Termination of Tenancy, and Settlement Release Agreement - Shorty Yoga Source Envelope:
Document Pages: 4 Signatures: 3 Envelope Originator:
Certificate Pages: 3 Initials: 2 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: 198.245.189.166
Record Tracking
Status: Original
5/9/2023 10:40:49 AM
Holder: Jonathan Gernes
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
David Delshad
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.112.206.148
Sent: 5/9/2023 10:48:07 AM
Viewed: 5/9/2023 11:41:48 AM
Signed: 5/9/2023 5:00:25 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Vida Delshad
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.112.206.148
Sent: 5/9/2023 10:48:07 AM
Viewed: 5/9/2023 9:17:17 PM
Signed: 5/9/2023 9:17:51 PM
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: 208.87.233.201
Sent: 5/9/2023 9:17:52 PM
Viewed: 5/10/2023 6:57:42 AM
Signed: 5/10/2023 6:57:48 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/10/2023 6:57:49 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Signer Events Signature Timestamp
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julian A. Gold, M.D.
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
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
Donna Delshad
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 5/9/2023 10:48:07 AM
Viewed: 5/9/2023 10:56:25 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 5/9/2023 10:48:08 AM
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
Carbon Copy Events Status Timestamp
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michelle Ramos-Vergara
[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 Sent Hashed/Encrypted 5/9/2023 10:48:08 AM
Payment Events Status Timestamps