Item E-13 Agenda Report — Beverly Hills City Council, January 9, 2025

AGENDA REPORT
Meeting Date: January 9, 2025
Item Number:

To: Honorable Mayor & City Council
From: Andre Sahakian, Project Manager
Subject: AN ENCROACHMENT PERMIT AND COVENANT WITH BH LUXURY RESIDENCES LLC, OWNER OF THE PROPERTY LOCATED AT 9900

WILSHIRE BOULEVARD TO ALLOW A TEMPORARY PEDESTRIAN

BRIDGE TO ENCROACH OVER NORTH SANTA MONICA

BOULEVARD TO FACILITATE CONSTRUCTION OF THE ONE

BEVERLY HILLS PROJECT
Attachments: 1. Encroachment Permit and Covenant

2. Planning Commission Resolution No. 2061

3. Project Location Map

RECOMMENDATION
Staff recommends that City Council approve an encroachment permit and covenant with BH Luxury Residences LLC to allow a temporary encroachment over the public right-ofway at North Santa Monica Boulevard.

INTRODUCTION
On June 13, 2024, the Planning Commission adopted Resolution No. 2061 approving a Conditional Use Permit (CUP) to allow temporary construction offices, a mock-up area, surface parking, and a temporary pedestrian access bridge on the property located at 9900 North Santa Monica Boulevard to support the construction of the One Beverly Hills project located at 9876, 9900, and 9988 Wilshire Boulevard. Approval of the temporary pedestrian bridge is contingent upon City Council’s approval of an encroachment permit.

DISCUSSION
The CUP approved by Planning Commission Resolution No. 2061 allows for the construction of a temporary two-story office structure with approximately 40,549 square feet of floor area and a maximum height of 30’-7” on the property located at 9900 N. Santa Monica Boulevard. This site is located at the south side of North Santa Monica Boulevard directly across from the One Beverly Hills project construction site. According to the operations plan associated with the CUP, the developer anticipates the need for over 300 construction professionals to utilize the temporary construction offices. Construction Meeting Date: January 9, 2025

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professionals currently use the crosswalk at the intersection of Santa Monica Boulevard and Wilshire Boulevard to access the One Beverly Hills construction site from the temporary construction office location. The installation of a pedestrian bridge spanning over North Santa Monica Boulevard would facilitate faster, safer, and generally more efficient access to the construction site for the professionals working at the temporary offices.

The proposed pedestrian bridge would have a maximum height of approximately 28 feet, with a minimum vertical height clearance of approximately 18 feet above the roadway, which exceeds the Caltrans Highway Design Manual requirement of 17 feet of vertical clearance for pedestrian crossings over local roadway facilities. The walkway would have a width of approximately 10 feet, although the requested easement area is 13 feet in width to allow for design and placement flexibility. The encroachment area would span the entire 85-foot width of the North Santa Monica Boulevard right-of-way, which includes the roadway, sidewalk, and parkways. The landings for the bridge would be adjusted over two phases coinciding with construction of the One Beverly Hills project. On the south side of North Santa Monica Boulevard, the bridge would land on private property at the construction office site during both phases. On the north side of North Santa Monica Boulevard, the bridge would land on the public right-of-way behind the construction barricade during Phase One, beginning in early 2025, for a period of approximately two years. In late 2026, once the podium for the project is completed and all grading is backfilled, Phase Two would be implemented in which the landing would be fully shifted onto the private property at 9900 Wilshire Boulevard. Public pedestrian access along the north side of North Santa Monica Boulevard has been incorporated into the construction barricade and will remain accessible and protected throughout the project’s construction and during both phases of the bridge. Figure 1 below demonstrates the configuration of the bridge landing during both phases.

Figure 1: Temporary Pedestrian Access Bridge (Both Phases) Source: Cain Development, LP
The encroachment agreement would expire on July 31, 2029, unless extended by the City, and the encroachment permit could be revoked at any time in the case of unanticipated impacts to the roadway or the community at large. Prior approval from the Director of Public works would be required for the installation of any signage or lighting on the bridge.

The developer would also be required to cooperate with the City to install banners, logos, and other decorations upon the City’s request. Upon expiration of the encroachment agreement, the developer is responsible for removal of the bridge and remediation of any damage to the public right-of-way, including obtaining all necessary permits associated with this work.

Meeting Date: January 9, 2025

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FISCAL IMPACT
On October 24, 2024, the applicant paid the City of Beverly Hills a fee of $11,438.00 for the processing of the temporary encroachment application. Furthermore, the applicant will be responsible for the permit fees related to the construction and removal of the bridge.

Michael Forbes
Director of Community Development
Shana Epstein
Director of Public Works
Approved By Approved By
Attachment 1

-1-
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Recording Request By, and
When Recorded Mail To:

City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
With a Copy To:

BH Luxury Residences, LLC
100 North Crescent Drive Suite 323
Beverly Hills, CA 90210
Space Above This Line Reserved For Recorder’s Use

CITY OF BEVERLY HILLS

ENCROACHMENT PERMIT AND COVENANTS

1. Permit Granted. A revocable encroachment permit is hereby granted pursuant to the provisions of Section 8-3-5 of the Beverly Hills Municipal Code to BH LUXURY RESIDENCES, LLC, a Delaware limited liability company (hereinafter “Permittee”) to construct and maintain the following encroachments on or over Santa Monica Boulevard as described on Exhibit “A” attached hereto, which is referred to herein as the “Encroachment Areas”:

The permitted encroachments over said Encroachment Areas are for a pedestrian bridge (elevated walkway) over the Encroachment Areas, as described in Exhibit “B” attached hereto, for purposes of facilitating the construction of the project known as One Beverly Hills at Wilshire and Santa Monica Boulevards in the City of Beverly Hills on the land described in Exhibit “C” (the “Project”), and specifically to allow access from the construction management site at 9900 North Santa Monica Boulevard on the south side of Santa Monica Boulevard to the construction site at 9876, 9900, and 9988 Wilshire Boulevard on the north side of Santa Monica Boulevard Project (“Encroachments”).

2. Term. It is the intention of the parties that, subject to the other terms of this Encroachment Permit and Covenants, this Encroachment Permit and Covenants shall continue in effect for as long as required to complete construction of the improvements within the Project for which the Encroachments are necessary (“Improvements”), but only so long as the applicable permits for construction of such Improvements are in effect, and in no event beyond July 31, 2029, unless otherwise extended by agreement between City and Permittee. The term is subject to automatic early termination at the option of City if a cessation of construction of Improvements commences and continues for a period of six (6) months.

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3. Conditions. This permit is granted subject to the following conditions.

A. Construction Required; Permits Required. Permittee shall obtain any building, public right-of-way, or other permits required by the Beverly Hills Municipal Code for any construction on the Property or Encroachment Areas. The City Building Official and/or the Director of Public Works may impose conditions on such permits as appropriate.

B. Approval Required for Signage and Lighting; Use of Bridge by City. Any signage or lighting proposed to be installed on or attached to the bridge structure shall require prior approval from the City’s Director of Public Works or their designee. Permittee shall cooperate with City and cause the installation of Cityprovided logos, banners, decorations, and similar attachments “Decorative Elements”) to the bridge structure at no cost or liability to City upon request. City shall submit proposed Decorative Elements to Permittee for approval at least thirty (30) days prior to the intended installation date. Any such Decorative Elements shall be subject to the prior written approval of the Permittee. The Permittee reserves the right to review and approve the placement, and method of attachment of the Decorative Elements to ensure they meet safety and structural standards.

C. Removal of Encroachments at End of Term. Upon the expiration of the term described in Section 2, City, at its sole discretion, may require removal of all or any of the encroachments at any time by written notice from the City Manager, which notice shall be delivered as provided in Section 10. Upon delivery of such notice, Permittee shall remove promptly the applicable encroachment improvements, restore the applicable Encroachment Areas to their condition prior to the construction of the applicable encroachment improvements, and shall surrender and release to City all possession, use, right, interest and occupation of the applicable Encroachment Area(s), all without cost to City. Permittee covenants that in the event of Permittee’s failure to so remove the applicable encroachment that City may remove such encroachment, and all costs incurred by City in connection with such removal shall be paid by Permittee within ten (10) days after written demand. If Permittee fails to timely pay, then any amounts for which Permittee is obligated to reimburse City hereunder shall, upon recordation by City of a Notice of Lien executed by the City Manager and acknowledged, be secured by a lien encumbering Permittee’s Property at 9876, 9900, and 9988 Wilshire Boulevard, Beverly Hills, California (“Permittees Property”), and Permittee hereby grants City a power of sale in connection therewith, all as provided in Section 5 below. Permittee covenants and agrees to indemnify, protect, defend, and hold harmless City, and each of its officers, agents, and employees, from and against any and all liabilities, demands, claims, damages, losses, costs and expenses of whatsoever kind or nature, including, but not limited to, any and all direct and indirect costs of defense, made against, or incurred or suffered by any such indemnitee resulting directly or indirectly from City’s removal of improvements or structures located in, under, on or over City’s Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E -3-
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property, or otherwise in connection with reoccupation and repossession of City’s property by City.

D. Other Removal of Encroachments. Upon a determination by the Director of Public Works that an encroachment, including any improvement thereon, creates a threat to the public health, safety, or welfare, or a foreclosure on the Property that extinguishes a recorded lien created by Notice of Lien in favor of City, the City Manager may require that such encroachment or encroachment improvement(s) be immediately repaired, altered or, if necessary, removed from the applicable Encroachment Area. The City Manager shall give notice of the need to repair, alter or remove the applicable encroachment and/or encroachment improvement as provided in Section 10. Upon delivery of such notice, Permittee shall promptly repair, alter or remove the applicable encroachment improvement(s) and shall surrender and release to City all possession, use, right, interest and occupation of the applicable Encroachment Area without cost to City.

Permittee covenants that in the event of Permittee’s failure to promptly remove encroachment improvements that City may terminate all encroachments hereunder by written notice to Permittee, and/or may remove such improvement, and all costs incurred by City in connection with such removal shall be paid by Permittee (or its successors and assigns). Any amounts for which Permittee is obligated to reimburse City hereunder shall be secured by a lien encumbering Permittee’s Property upon recordation by City of a Notice of Lien executed by City and acknowledged, and Permittee hereby grants City a power of sale in connection with such lien, all as provided in Section 5 below. Permittee covenants and agrees to indemnify, protect, defend, and hold harmless City, and each of its officers, agents, and employees, from and against any and all liabilities, demands, claims, damages, losses, costs and expenses of whatsoever kind or nature, including, but not limited to, any and all direct and indirect costs of defense, made against, or incurred or suffered by any such indemnitee resulting directly or indirectly from City’s removal of improvements or structures located in, under, on or over City’s property, or otherwise in connection with reoccupation and repossession of City’s property by City.

E. Covenant to Maintain. Permittee covenants and agrees to keep and maintain in good and safe condition and repair all encroachment improvements. Permittee shall, in the event of any deterioration or undue wear replace such elements of the bridge with City-approved material determined by the Director of Public Works to be safe and customary for pedestrians and vehicles accessing the street over which the construction access bridge is/was located. Such replacement shall be commenced within thirty (30) days after written notice by City and such work shall be completed within forty-five (45) days after written notice from City.

Such replacement shall be at Permittee’s sole cost and expense. Any graffiti or vandalism shall be repaired within forty-eight (48) hours of Permittee receiving written notice to repair such from City. Water-runoff from rains shall be drained so as not to interfere with traffic on the roadway below and all such drainage shall be properly maintained.

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F. Indemnification of City. Permittee shall indemnify, defend, protect, and hold harmless City, and its officers, agents, City Council members, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs and expenses (including, without limitation, attorneys’ fees and increased costs incurred by City in accessing, repairing, replacing or relocating any City improvements or easements or similar City interests in or under the Encroachment Areas, and City shall have no obligation to replace, repair or restore any encroachment improvements in that regard--- all such replacements, repairs or restoration being the obligation of Permittee), arising from or in connection with, or caused, by (i) any act, omission or negligence of Permittee or Permittee’s contractors, licensees, invitees, agents, servants or employees, wheresoever the same may occur, or (ii) as a result of or arising from the Encroachments or City’s consent to the Encroachments, or any injury related to the Encroachments, or any encroachment improvements, and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obligations on Permittee’s part to be performed under the terms of this instrument, or arising from any negligence of Permittee, or arising from any such claim or any action or proceeding brought thereon, and any claim arising out of the issuance of this Permit; and in case any action or proceeding be brought against City by reason of any such claim, Permittee, upon notice from City, shall defend the same at Permittee’s expense by counsel satisfactory to City. Any amounts for which Permittee is obligated to reimburse City hereunder shall be secured by a lien encumbering Permittee’s Property, as provided in Section 5 below.

G. Insurance. Permittee shall procure at Permittee’s sole cost and expense and keep in effect from the date of this Permit and at all times until the termination of same by City, Comprehensive General Liability insurance applying to the Encroachment Areas and Encroachment Improvements and the installation and removal thereof. Such insurance shall include Broad Form Contractual Liability insurance coverage insuring all of Permittee’s indemnity obligations under this instrument. Such coverage shall have a minimum limit of Five Million Dollars ($5,000,000) combined single limit. All such policies shall be written so as to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term, shall be endorsed to add City as an additional insured, and shall provide that such coverage shall be primary and that any insurance maintained by City shall be excess insurance only.

Such coverage shall also contain endorsements: (i) deleting any employee exclusion on personal injury coverage; and (ii) including all City Council members and City’s and Permittee’s employees, agents and contractors, if any, as additional insureds. All such insurance shall provide for severability of interests or a cross-liability endorsement; shall provide that an act or omission of one of the named insureds shall not reduce or avoid coverage to the other named insureds; and shall afford coverage for all claims based on acts, omissions, injury and damage, which claims occurred or arose (or the onset of which occurred or arose) in whole or in part during the policy period. Such coverage shall be endorsed to waive the insurer’s rights of subrogation against City. If at any time the amount Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E -5-
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or coverage of insurance which Permittee is required to carry under this Section is, in City’s reasonable judgment, less than the amount or type of insurance coverage reasonably required to adequately protect City, City shall have the right to require Permittee to increase the amount or change the type of insurance coverage required under this Section. Permittee shall also procure at Permittee’s sole cost and expenses, workers compensation insurance as required by law.

H. Failure to Obtain Insurance. If Permittee shall fail to obtain any insurance required hereunder, City may, at its election, obtain such insurance and Permittee shall upon demand reimburse City for the cost thereof plus a ten percent (10%) handling charge, within five (5) days following demand therefor. Such indebtedness shall be secured by a lien upon Permittee’s Property, as provided in Section 5 below.

I. Quality of Insurance. Insurance required hereunder shall be issued by companies holding a “General Policyholders Rating” of at least B+VII or better, as set forth in the most current issue of “Best’s Insurance Guide” and authorized to do business in California. Permittee shall deliver to City proof of the insurance coverage required by this Permit on a certificate or certificates of insurance on the form set forth in Exhibit “D”, attached hereto and incorporated herein by this reference. City may also require Permittee to deliver certified copies of such policies of insurance upon written request by City. No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to City; upon any cancelation, reduction, or modification of insurance that is not acceptable to City, City may secure any resulting shortfall in insurance by obtaining a lien on Permittee’s property as provided in Section 5 hereof . Permittee shall, at least thirty (30) days prior to the expiration of such policies, furnish City with renewals or “binders” thereof.

Permittee shall not do or permit to be done anything which shall invalidate the insurance policies referred to in this Section.

J. Waiver. Permittee, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons in, under, upon or about City’s property from any cause relating directly or indirectly to the Encroachments, including City’s gross negligence. Permittee hereby releases and relieves City, and waives Permittee’s entire right of recovery against City, for loss or damage arising out of or incident to the perils insured against under this Section, which perils occur in, under, on, or about City’s property, or the Encroachment Areas, whether due to the negligence of City or Permittee or their agents, employees, contractors and/or invitees. Permittee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier that the foregoing waiver of subrogation is contained in this instrument.

K. Compliance with Laws. Permittee covenants that itself, its heirs, successors and assigns, shall comply with all laws, ordinances, regulations and rules of City.

Neither City’s granting of this Encroachment Permit nor any consent or approval given by City hereunder in its capacity as City shall waive, abridge, impair or Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E -6-
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otherwise affect City’s powers and duties as a governmental body. Any requirements under this Agreement that Permittee obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Permittee obtain approvals or permits.

L. Clean Condition. Permittee shall, at its sole cost and expense, maintain in good repair and clean, safe condition, free of litter, accumulated grime or debris, the Encroachment Areas. Clean condition shall include, without limitation, free from graffiti or unapproved signs.

M. No Interference. Permittee agrees for itself and its successors and assigns that it shall exercise all rights granted and obligations imposed by this Permit in such a manner as not to interfere with or damage any underground utility facilities.

Should Permittee, or any contractor or subcontractor hired or retained by Permittee or its contractor, interfere with or damage any such underground utility facilities, Permittee agrees to reimburse the utility owning and/or maintaining such underground utility facilities the full amount of any damages sustained by such underground utility.

N. No Charges. Permittee shall not seek to impose charges upon City, utilities or any other third person having the legal right and authorization to perform work in the Encroachment Areas by reason of excavation or work made necessary by lack of accurate information as to location of substructures. Permittee understands that many substructures are not of accurate record and exploratory excavation is frequently required incident to the work of operation, maintenance, installation, replacement or repair of any substructure.

O. Acknowledgment. Permittee acknowledges that the Encroachment Areas are within public right of way, the use of which by those entitled thereto may not be permanently interfered with by the Encroachments, and agrees not to interfere with issuance of construction permits or maintenance activities in the Encroachment Areas.

4. City’s Right of Entry. In the event Permittee shall fail to maintain the Encroachment Areas or Encroachment Improvements in good, safe, and clean condition or repair after City has provided notice pursuant to Section 10 and an opportunity to cure the failure or remove the Encroachments, then City shall be entitled to enter onto Permittee’s property and to perform such maintenance or repair or remove such portion of the Encroachments, as determined appropriate by City, and Permittee, its successors in interest and assigns, shall pay City, upon demand, the reasonable cost of performing such maintenance or removing the Encroachments. Such indebtedness shall be secured by a lien upon the Permitee’s Property upon City’s recordation of a Notice of Lien executed by the City Manager and acknowledged, and Permittee hereby grants to City a power of sale in connection with such lien, all as provided in Section 5 below.

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5. City’s Lien Rights.

A. If any demand for reimbursement payable to City arising hereunder is not paid within thirty (30) days after the due date, the indebtedness shall bear interest from the due date at the lesser of the rate of eighteen percent (18%) per annum or the highest rate permitted by law, and City may, at its option, bring an action at law against Permittee to pay the same, or foreclose any City lien against the Project, and there shall be added to the amount of such indebtedness the costs of preparing and filing the complaint in such action. In the event a judgment is obtained, such judgment shall include said interest and reasonable attorneys’ fees, together with the costs of action.

B. The amount of any indebtedness which is due in accordance with this instrument, together with any interest and/or costs (including attorneys’ fees) attributable thereto or incurred in the collection thereof, shall be and the same is hereby declared and agreed to be a lien upon the Permittee’s Property when City causes to be recorded in the Office of the County Recorder of Los Angeles County, State of California, a Notice of Lien executed by the City Manager of City, setting forth the matters required by Section 1367 of the California Civil Code; provided that no such Notice of Lien shall be so recorded until City shall have first provided to Permittee, pursuant to Section 10, a Notice of Default in the form prescribed by Section 2924 of the California Civil Code, together with a demand upon Permittee to pay any such indebtedness and any interest charges attributable thereto. If City has not received full payment of all such indebtedness and interest charges attributable thereto within fifteen (15) days from the receipt of said Notice of Default, City shall promptly cause said Notice of Lien to be recorded as provided above. Within thirty (30) days after the recordation of said Notice of Lien, City shall cause the above-mentioned Notice of Default to be recorded in the Office of the County Recorder of Los Angeles County, State of California and thereafter cause the Property to be sold in the manner provided in Section 2924, et seq., of the California Civil Code as said Sections may from time to time be amended, or in any other manner permitted by law. Any such sale shall be held as promptly as possible. City, or its assignee, shall have the power to bid on the Project at such foreclosure sale and thereafter to hold, lease, mortgage and convey the same.

C. Upon payment (prior to such a foreclosure) of any indebtedness of Permittee to City, together with interest, costs and charges attributable thereto, or other satisfaction thereof, with respect to which a Notice of Lien has been recorded, City shall promptly cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.

D. A certificate executed and acknowledged by the City Manager of City stating the indebtedness secured by any lien created hereunder upon the Project shall be conclusive upon Permittee as to the amount of such indebtedness as of the date of such certificate, in favor of all persons who rely thereon in good faith, and such a certificate shall be furnished by City to any mortgagee or beneficiary under a mortgage or deed of trust encumbering the Project upon written request therefor.

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E. Permittee represents and warrants that the only deeds of trust or other recorded liens encumbering Permittee’s Property or any portion thereof are as follows:

That certain Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing dated as of March 11, 2024 by BH Luxury Residences, LLC and OWR Hotel Owner LLC to Fidelity National Title Insurance Company for the benefit of Motcomb Estates Limited (as successor-by-assignment to JPMorgan Chase Bank, National Association) (“Existing Deeds of Trust”), and that the secured lender’s (“Holder’s”) address for notices is c/o Reuben Brothers Limited, The Le Gallais Building, 2nd Floor, St. Helier, Jersey JE1 1FW, Attn: Christian Falle
If City shall have received written notice from Permittee (or a successor to Permittee’s interest in the Project, as shown by a copy of a title policy concurrently delivered to City), of the name and address of a different, new or additional holder of a deed of trust on the Project together with a copy of the applicable recorded deed of trust, then such different, new or additional holder of such deed of trust shall also be a “Holder” hereunder.

City shall not enforce any remedies arising from Permittee’s default hereunder unless City has given a notice of such default to all such Holders (at the address provided to City) and the Holder(s) shall have had ten (10) business days after such notice to cure a default based on the failure by Permittee to pay money (such as reimbursement of City cure costs), and thirty (30) days after such notice to cure any other default; provided, however, that if possession of the Project is necessary for the Holder(s) to cure the non-monetary default, the Holder(s) shall have such additional time consistent with the use of reasonable diligence to obtain appointment of a receiver of the Project and then cause the default to be cured, or if obtaining a receiver is not possible, then the Holder(s) shall have such additional time necessary to diligently commence and complete a nonjudicial foreclosure sale, and the purchaser at such foreclosure sale (or entity which acquires title to the Project by deed-in-lieu of foreclosure) shall have a commercially reasonable period of time after obtaining title to the Project to cure the default. City shall accept a cure from the Holder(s), receiver or purchaser at a foreclosure sale or an entity which acquires the Project by deed-in-lieu of foreclosure, as applicable. Nothing herein shall affect City’s right to cure the default and demand reimbursement for costs of cure from the Permittee.

6. Covenants Run with Land. The covenants contained herein shall run with the land and shall be a burden or benefit upon the Project and Encroachment Areas, as the case may be, provided, however, City shall have the right to terminate its consent to the Encroachments described herein as provided in Section 2 hereof. These covenants shall inure to the benefit of and bind, as the case may require, the respective heirs, representatives, successors and assigns of Permittee and City.

7. Entire Agreement. This instrument contains the entire agreement of Permittee and City relating to the rights herein granted and the obligations herein assumed. Any oral Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E -9-
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representations or modifications concerning this instrument shall be of no force or effect.

Any subsequent modification must be in writing signed by the party to be charged.

8. Attorneys’ Fees. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable attorneys’ fees and costs.

9. Acceptance. Permittee hereby represents that in consideration of the granting of this Encroachment Permit and permission by City to use and occupy City’s property, Permittee covenants, promises, and agrees with City, for the benefit of City and its public property, to comply with all the terms and conditions set forth in this Permit and any attachments appended hereto.

10. Notice. Any notices, demands or communications under this Permit shall be given as follows:

To Permittee: BH Luxury Residences, LLC
100 North Crescent Drive
Beverly Hills, California 90210
To City: City of Beverly Hills
455 North Rexford Drive,
Beverly Hills, California 90210
Attn: City Engineer
With a copy to: City Attorney
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, California 90210
Written notices, demands and communications between City and Permittee shall be given only by personal service or by first class mail, postage prepaid, return receipt requested, to the addresses set forth above. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. Notwithstanding anything to the contrary contained herein, notice personally served shall be presumed to have been received as of the date of such service, and notices sent via mail as provided herein shall be presumed to have been received on the second business day after deposit of same in the mail.

Dated as of _______________, 202__.

CITY: CITY OF BEVERLY HILLS,
a municipal corporation
By:

NANCY HUNT-COFFEY
City Manager
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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.

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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.

Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E Exhibit “A”

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EXHIBIT “A”

DESCRIPTION OF ENCROACHMENT AREAS
Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E Exhibit “A”

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Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E Exhibit “B”

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B0785-0001\3060765v3.doc
EXHIBIT “B”

DESCRIPTION OF ENCROACHMENT IMPROVEMENTS
Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E Exhibit “C”

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B0785-0001\3060765v3.doc
EXHIBIT “C”
LEGAL DESCRIPTION OF PROJECT LAND (PERMITTEE’S PROPERTY) Docusign Envelope ID: CAA07317-A4C0-4714-A56A-B058A329166E Exhibit “C”

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