ITEM E-5 — Beverly Hills City Council, December 16, 2025

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AGENDA REPORT
Meeting Date: December 16, 2025
Item Number:

To: Honorable Mayor & City Council
From: Daren Grilley, Assistant Director of Public Works/City Engineer Samer Elayyan, Engineering Services Manager
Subject: AN ENCROACHMENT PERMIT AND COVENANTS WITH
RICHEMONT NORTH AMERICA, INC., A DELAWARE

CORPORATION, OWNER OF THE PROPERTY LOCATED AT
370 NORTH RODEO DRIVE, BEVERLY HILLS, TO ENCROACH

INTO THE PUBLIC RIGHT-OF-WAY ON RODEO DRIVE AND

BRIGHTON WAY
Attachments: 1. City of Beverly Hills Encroachment Permit and Covenants

RECOMMENDATION
Staff recommends that City Council approve an encroachment permit and covenants with Richemont North America, Inc., a Delaware Corporation, to allow encroachment into the public right-of-way at 370 N. Rodeo Drive (Cartier) within the sidewalks at Brighton Way and Rodeo Drive.

INTRODUCTION
Richemont North America, Inc. applied for an encroachment permit to install a permanent underground vault with an 8'x10' access hatch within the sidewalk at Brighton Way adjacent to its Cartier store at 370 N. Rodeo Drive to provide access to a private transformer to be located within the basement of the proposed new building. Additionally, Richemont North America, Inc. requested to encroach into the sidewalk along Rodeo Drive to install a seismic joint cover to address an identified seismic fault within the project site.

DISCUSSION
At the June 5, 2018, study session, City Council supported a request by Cartier to encroach into the public right-of-way to install a permanent underground vault beneath the sidewalk on Brighton Way with a surface access hatch placed flush with the sidewalk. The access hatch will be used only for installation, replacement, or removal of the transformer and not for normal maintenance operations. Following initial construction, any BEVERL
HILLS
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Meeting Date: December 16, 2025

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maintenance of the vault (other than transformer replacement) will be performed by accessing the vault from within the project site rather than through the surface hatch.

Subsequently, the applicant performed a site-specific seismic study, which identified a fault line running through a portion of the property. This discovery required specialized structural engineering to enable independent movement on either side of the fault, which the City's Building & Safety staff reviewed and approved. The revised design necessitates an encroachment beneath the Rodeo Drive sidewalk to accommodate structural components supporting the western façade, along with a fault cover installed within the sidewalk (similar to the image shown below).

Staff requested detailed civil and utility relocation plans from the applicant and reviewed them for accuracy. Staff will collect fees and issue permits for the work within the public right-of-way, and the work will be coordinated and inspected by City staff.

Encroachment permits require the business or property owner to hold the City harmless should the private property located in the right-of-way be damaged. In addition, an applicant is required to provide evidence of insurance coverage to the City to protect the City from claims resulting from a private owner’s encroachments placed within the rightof-way.

ENVIRONMENTAL ASSESSMENT
The proposed encroachment was included in the project description for the environmental analysis of the proposed Cartier Beverly Hills Boutique project. Based on that analysis, the project was determined to meet all criteria for a Class 32 Categorical Exclusion pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15332, and the Planning Commission found the project exempt from further review under CEQA at their meeting of February 27, 2025.

Sample fault cover
Meeting Date: December 16, 2025

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FISCAL IMPACT
The applicant will pay all required processing fees for the permanent encroachment application. All costs of the proposed installation, future maintenance, relocation of existing utilities and infrastructure, and work within the public right-of-way will be borne by the applicant. Therefore, there is no anticipated cost to the City.

Shana Epstein,
Director of Public Works
Approved By
Attachment 1
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Recording Request By:

City Clerk
City of Beverly Hills
When Recorded Mail To:

City Clerk
City of Beverly Hills
455 North Rexford Drive
Beverly Hills, CA 90210
Space Above This Line Reserved For Recorder’s Use

CITY OF BEVERLY HILLS

ENCROACHMENT PERMIT AND COVENANTS
Richemont North America, Inc.
370 N. Rodeo Drive
Beverly Hills, CA 90210

1. Permit Granted. An encroachment permit is hereby granted by the City of Beverly Hills (“City”) pursuant to the provisions of Section 8-3-5 of the Beverly Hills Municipal Code to Richemont North America, Inc., a Delaware corporation (hereinafter “Permittee”), to construct and maintain the following encroachments on, or under the public right-of-way between Rodeo Drive and the public alley running North-South immediately west of Rodeo Drive in Beverly Hills, California, in conjunction with the construction of a building (the “Building”) and occupancy of the Building located at 370 N. Rodeo Drive (collectively, the “Project”). The property at 370 N. Rodeo Drive is legally described on Exhibit “A” attached hereto and is referred to herein as the “Property”. Permittee is the owner of the Property.

The permitted encroachments over, under, and through said right of way are as follows:
a) An encroachment for Permittee’s installation, maintenance and operation of a surface hatch and subsurface vault, including shoring piles, for installation, removal and replacement of a transformer (collectively, the “Encroachment A”) over, under, and about the area legally described on Exhibit “B” and depicted on Exhibit “C” as “Encroachment A,” both attached hereto (the “Encroachment A Area”).
b) An encroachment for Permittee’s installation, maintenance and operation of a seismic joint (the “Encroachment B”) over, under, and about the area legally described on Exhibit “B” and depicted on Exhibit C as “Encroachment B,” both attached hereto (the “Encroachment B Area”). -2-
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Encroachment A and Encroachments B are referred to, collectively, herein as the “Encroachments.” The Encroachment A Area and the Encroachment B Area are referred to, collectively, herein as the “Encroachment Areas.”

2. Term. It is the intention of the parties that this Encroachment Permit and Covenants shall continue in effect for as long as the Building remains in existence (the “Term”). Upon removal, demolition or destruction of the Building for any reason, this Encroachment Permit and Covenants shall terminate, provided however, that if the building is involuntarily demolished or destroyed, and rebuilding commences within forty-eight (48) months after destruction, and is prosecuted to completion in good faith, subject to force majeure delays, then this Encroachment Permit and Covenants shall remain in effect.

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

A. Permits required. Permittee shall obtain any building or other permits required by the Beverly Hills Municipal Code for any construction on the Property or within the Encroachment Areas.

B. 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 within twenty (20) business days remove the applicable Encroachments, restore the Encroachment Areas, to the condition prior to the construction of the Encroachments, which shall include sidewalk surfaces consistent with the sidewalk surfaces in areas adjacent to the respective Encroachment Area, with sidewalk grid lines aligned with the grid lines in the sidewalk areas adjacent to the respective Encroachment Area. Permittee shall surrender and release to City all possession, use, right, interest and occupation of the Encroachment Areas, all without cost to City. Permittee covenants that in the event of Permittee’s failure to so remove the Encroachments, City may remove such Encroachments, and all costs incurred by City in connection with such removal (the “Removal Costs”) 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, 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, debts, causes of action, suits, obligations, 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 the City’s removal of improvements or structures located in, under, on or over the City’s property, or otherwise in connection with reoccupation and repossession of the City’s property by City.
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C. Other Removal of Encroachments. Upon a determination by the City Engineer that an encroachment creates a threat to the public health or safety, or that a foreclosure on the Property that extinguishes a recorded lien created by Notice of Lien in favor of the City, the City Manager may require that Encroachments be immediately repaired, altered or, if necessary, removed from the Encroachment Area. The City Manager shall give notice of the need to repair, alter or remove the Encroachment or Encroachments as provided in Section 10. Upon delivery of such notice, Permittee shall promptly repair, alter or remove the Encroachments and shall surrender and release to City all possession, use, right, interest and occupation of the Encroachment Area without cost to City. Permittee covenants that in the event of Permittee’s failure to promptly remove Encroachments, that City may terminate the Encroachment hereunder by written notice to Permittee, and/or may repair, alter or remove such Encroachments, and all costs incurred by City in connection with such repair, alteration or removal (the “Repair or Removal Costs”) shall be paid by Permittee. Any Repair or Removal Costs 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 the 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 the City’s removal of improvements or structures located in, under, on or over the City’s property, or otherwise in connection with reoccupation and repossession of the City’s property by City.

D. Contents of the Encroachment Area; Covenant to Maintain. The Encroachment Areas are permitted to contain the Encroachments, as shown in the attached Exhibit B. Encroachment A Area shall only be used for the installation, replacement, maintenance, repair or removal of a surface hatch and subsurface vault including the installation of shoring piles, provided that such piles shall be removed to a minimum depth of eight (8) feet below the street grade prior to finalization of vault construction, all only as necessary to allow for the installation, removal and replacement of a transformer. Encroachment B Area shall only be used for the installation, maintenance and operation of a seismic joint. The Easement Areas shall not be used for any other purpose whatsoever without City’s prior written consent, which City may withhold for any or no reason in City’s sole discretion.

Permittee covenants and agrees to keep and maintain in good condition and repair at its sole cost and expense all Encroachments, so as not to cause noise, heat, weight/structural or other nuisances or hazards to pedestrian or vehicle traffic on the surface right-of-way above or otherwise on or about the Encroachment Areas; provided, however, that, following the initial construction of the Encroachments in Encroachment A Area, any use of the Encroachment A Area other than for the installation, replacement, or removal of the transformer in whole shall be, as a covenant hereof, performed by accessing the Encroachment A Area from within -4-
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the Project site and not through the surface hatch in Encroachment A Area.

Permittee shall, in the event of any deterioration or undue wear of the surface hatch giving access to the subsurface Encroachment A Area repair such with Cityapproved material determined by the City Engineer to be safe and customary for pedestrians and vehicles accessing the surface right-of-way. Such replacement shall be commenced within five (5) business days after written notice by City and such work shall be completed within fourteen (14) days after written notice from City. Such replacement shall be at Permittee’s sole cost and expense. No provision of this Agreement shall be construed as obligating the City to perform any maintenance, repairs, alterations or improvements to the Encroachments or otherwise in, on, or about the Encroachment Areas due to the Encroachments.

E. 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 right of way or Encroachment Area, and City shall have no obligation to replace, repair or restore any Encroachments 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, 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.

F. 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 or during the life of the Encroachment (whichever is longer), Comprehensive General Liability insurance applying to the Encroachments. 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 Three Million Dollars ($3,000,000) 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 -5-
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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 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.

G. 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) business days following demand therefor. Such indebtedness shall be secured by a lien upon Permittee’s Property, as provided in Section 5 below.

H. 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 “C”, 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 cancelled, non-renewed, or have coverage materially reduced, except after thirty (30) days prior written notice to City. 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.

I. Waiver. Permittee, as a material part of the consideration to City, hereby assumes all risk of damage to property or injury to persons in, upon or about the 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, on, or about the City’s property, or the Encroachment Areas, whether due to the negligence of City or Permittee or their agents, employees, contractors and/or -6-
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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.

J. 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 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.

K. 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 Encroachments. Upon Permittee’s failure to repair and maintain the Encroachments to the satisfaction of City, City shall give written notice of necessary repairs and maintenance to Permittee, and Permittee shall complete such repairs and maintenance within thirty (30) days thereafter at Permittee’s sole cost and expense.

L. 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 amount of any damages sustained by such underground utility.

M. No Charges. Permittee shall not seek to impose charges upon the 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.

N. Acknowledgment. Permittee acknowledges that the Encroachment Areas are within the 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.

O. Replacement Material. Permittee shall maintain an adequate stock of matching surface material for replacement of the surface right-of-way and access hatch to the Encroachment A Area, and for the surface area of Encroachment B Area. -7-
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P. No Third Party Access. Permittee shall not permit the Encroachment Areas to be used by any third parties at any time in a manner that would impair the City’s title to or interest in the Encroachment Areas or in such a manner as would cause a claim or claims of adverse possession, adverse use, prescription or other similar claims in, to or with respect to the Encroachment Areas.

Q. Access Notice. Permittee shall notify City of any access to the subsurface transformer through the Encroachment A Area in writing (a “Transformer Access Notice”); for the avoidance of doubt, Permittee’s access to the subsurface transformer via its private property shall not require any notice to City. A Transformer Access Notice shall state at least forty-hours (48) in advance of proposed access to the applicable Area (except in case of an emergency, in which instance Permittee shall provide notice appropriate in time, method and contents to the circumstances of the emergency) the (i) name and contact details of the person(s) obtaining access, (ii) the proposed time and date of access, (iii) relevant technical information about the access including details of all service to be performed, (iv) any security or safety information pertinent to the access.

4. City’s Right of Entry. In the event Permittee shall fail to maintain the Encroachments in good 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 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.

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 Property, 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 Property when City causes to be recorded in the Office of the County Recorder of Los Angeles County, State of California, a Notice -8-
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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 abovementioned 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 Property 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. The lien created as provided herein shall be prior to all other liens recorded subsequent to the recordation of said Notice of Lien.

D. A certificate executed and acknowledged by the City Manager of City stating the indebtedness secured by any lien created hereunder upon the Property 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 the City to any mortgagee or beneficiary under a mortgage or deed of trust encumbering the Property upon written request therefor.

E. If City shall have received written notice from Permittee (or a successor to Permittee’s interest in the Property, as shown by a copy of a title policy concurrently delivered to City), of the name and address of the holder of a deed of trust on the Property (“Holder”) together with a copy of the recorded deed of trust, then City shall not enforce any remedies arising from Permittee’s default hereunder unless City has given a notice of such default to the Holder (at the address provided to City) and the Holder 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 Property is necessary for the Holder to cure the non-monetary default, the Holder shall have such additional time consistent with the use of reasonable diligence to obtain appointment of a receiver of the Property and then cause the default to be cured, or if obtaining a receiver is not possible, then the Holder shall have such additional time necessary to diligently commence and complete a nonjudicial foreclosure sale, and the -9-
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purchaser at such foreclosure sale (or entity which acquires title to the Property by deed-in-lieu of foreclosure) shall have a commercially reasonable period of time after obtaining title to the Property to cure the default. City shall accept a cure from the Holder, receiver or purchaser at a foreclosure sale or an entity which acquires the Property by deed-in-lieu of foreclosure, as applicable. Nothing herein shall affect the 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 Property or City’s property, 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 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 the 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: Richemont of North America, Inc.
d/b/a Cartier North America
645 Fifth Avenue
Olympic Tower
8 th Floor
New York, NY 10022
Attn: Fernando Beauchamp
AVP Store Design Planning & Construction
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With a copy to: Richemont North America, Inc.
645 Fifth Avenue
Olympic Tower
5 th Floor
New York, NY 10022
Attn: William Yoon
Senior Legal Counsel, Real Estate
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.

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Executed this _________ day of _______________ 2025 in the City of Beverly Hills, California.

CITY OF BEVERLY HILLS,
a municipal corporation

Sharona R. Nazarian, PsyD
Mayor of the City of Beverly Hills, California
ATTEST:

Huma Ahmed
City Clerk
Richemont of North America, Inc.,
a Delaware Corporation
By:

Lawrence H. Grant, Jr.,
Chief Financial Officer

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On before me, ________________________________________ 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, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) 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.

Place Notary Seal Above
Signature of Notary Public

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STATE OF CALIFORNIA

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.

Place Notary Seal Above
Signature of Notary Public

Approved as to form: Approved as to content:

LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager

DAREN GRILLEY
City Engineer
SHARON L’HEUREUX DRESSEL
Risk Manager
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EXHIBIT “A”

DESCRIPTION OF PROPERTY
(Attached)
NOVEMBER 10, 2025 JOB. NO. 721012103
EXHIBIT “A”

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF BEVERLY

HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

BEING ALL OF LOT 1 IN BLOCK 7 AS SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED “BEVERLY – BEING A RESUBDIVISION OF A PORTION OF LOTS A & B OF THE MAP OF A PORTION OF THE RANCHO RODEO DE LAS AQUAS”, FILED FOR RECORD NOVEMBER 14, 1906 IN BOOK 11 OF MAPS AT PAGE 94,

AND FURTHER DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JANUARY 31, 2000 AS INSTRUMENT NO. 00_0144566, RECORDS OF SAID LOS ANGELES COUNTY.

THIS DESCRIPTION WAS PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
___________________________ ________________

ANDREW TURNER DATE
P.L.S. 9104
LANGAN CA, INC.
11/10/2025
LANGAN Technical Excellence
Practical Experience
Client Responsiveness
1960 East Grand Avenue, Suite 585 El Segundo, CA 90245 T: 213.314.8100 F: 213.314.8101 www.langan.com New Jersey• New York• Connecticut• Massachusetts• Pennsylvania• Ohio• Illinois• North Carolina• Virginia• Washington, DC California • Texas• Arizona • Utah •Colorado• Washington •Tennessee• Florida I Athens• Calgary• Dubai • London • Panama B0785-0009\3181906v3.doc
EXHIBIT “B”

DESCRIPTION OF ENCROACHMENT AREA
(Attached)
NOVEMBER 10, 2025 JOB. NO. 721012103
EXHIBIT “B”

PRIVATE ENCROACHMENT

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF BEVERLY

HILLS, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS:

BEING A PORTION OF THE EXISTING PUBLIC RIGHT OF WAY OF BRIGHTON

WAY (PUBLIC STREET) AS SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED “BEVERLY – BEING A RESUBDIVISION OF A PORTION OF LOTS A & B OF THE MAP OF A PORTION OF THE RANCHO RODEO DE LAS AQUAS”, FILED FOR RECORD NOVEMBER 14, 1906 IN BOOK 11 OF MAPS AT PAGE 94, RECORDS OF SAID LOS ANGELES COUNTY.

HEREIN COLLECTIVELY REFERRED TO AS “ ENCROACHMENT ‘A’ ” AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ENCROACHMENT ‘A’

COMMENCING AT THE SOUTHERLY CORNER OF THE INTERSECTION OF SAID

BRIGHTON WAY AND MEDA DRIVE (PUBLIC ALLEY) ALSO SHOWN ON SAID SUBDISION MAP, AND BEING THE MOST NORTHERLY CORNER OF LOT 1 OF BLOCK 7 AS SHOWN ON SAID SUBDIVISION MAP AND FURTHER DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED JANUARY 31, 2000 AS INSTRUMENT NO. 00_0144566, RECORDS OF SAID LOS ANGELES COUNTY;

THENCE HEADING SOUTHWESTERLY ALONG THE NORTHWESTERLY
BOUNDARY OF SAID LOT 1, SOUTH 50°43’15” WEST, A DISTANCE OF 9.86 FEET TO THE TRUE POINT OF BEGINNING OF ENCROACHMENT ‘A’;

THENCE CONTINUING SOUTHWESTERLY ALONG SAID NORTHWESTERLY BOUNDARY, SOUTH 50°43’15” WEST, A DISTANCE OF 24.00 FEET TO A POINT HEREIN FOR CONVENIENCE CALLED POINT ‘A’;

THENCE DEPARTING FROM SAID NORTHWESTLY BOUNDARY, NORTH
39°16’45” WEST, A DISTANCE OF 13.00 FEET;
THENCE NORTH 50°43’15” EAST, A DISTANCE OF 24.00 FEET;
THENCE SOUTH 39°16’45” EAST, A DISTANCE OF 13.00 FEET TO THE TRUE POINT OF BEGINNING OF ENCROACHMENT ‘A’.

CONTAINING 312 SQUARE FEET (0.007 ACRES), MORE OR LESS.

LANGAN
1960 East Grand Avenue, Suite 585 El Segundo, CA 90245 T: 213.314.8100 F: 213.314.8101 Technical Excellence
Practical Experience
Client Responsiveness
www.langan.com
New Jersey• New York• Connecticut• Massachusetts• Pennsylvania• Ohio• Illinois• North Carolina• Virginia• Washington, DC California• Texas• Arizona• Utah •Colorado• Washington• Tennessee• Florida Athens • Calgary • Dubai • London • Panama NOVEMBER 10, 2025 JOB. NO. 721012103
EXHIBIT “B”

PRIVATE ENCROACHMENT

LEGAL DESCRIPTION
PAGE 2 OF 3

TOGETHER WITH A PORTION OF THE EXISTING PUBLIC RIGHT OF WAY OF

RODEO DRIVE (PUBLIC STREET) AS SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED “BEVERLY – BEING A RESUBDIVISION OF A PORTION OF LOTS A & B OF THE MAP OF A PORTION OF THE RANCHO RODEO DE LAS AQUAS”, FILED FOR RECORD NOVEMBER 14, 1906 IN BOOK 11 OF MAPS AT PAGE 94, RECORDS OF SAID LOS ANGELES COUNTY.

HEREIN COLLECTIVELY REFERRED TO AS “ ENCROACHMENT ‘B’ ” AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ENCROACHMENT ‘B’
COMMENCING AT SAID POINT ‘A’, BEING A POINT ON SAID NORTHWESTERLY BOUNDARY OF LOT 1;

THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY BOUNDARY, SOUTH 50°43’15” WEST, A DISTANCE OF 118.68 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 1, BEING THE EASTERLY CORNER OF THE
INTERSECTION OF SAID BRIGHTON WAY AND RODEO DRIVE;

THENCE HEADING SOUTHEASTERLY ALONG THE SOUTHWESTERLY
BOUNDARY OF SAID LOT 1, SOUTH 39°17’48” EAST, A DISTANCE OF 21.04 FEET TO THE TRUE POINT OF BEGINNING OF ENCROACHMENT ‘B’;

THENCE CONTINUING SOUTHEASTERLY ALONG SAID SOUTHWESTERLY BOUNDARY OF LOT 1, SOUTH 39°17’48” EAST, A DISTANCE OF 29.00 FEET; THENCE SOUTH 50°42’22” WEST, A DISTANCE OF 3.25 FEET;
THENCE NORTH 39°17’48” WEST, A DISTANCE OF 29.00 FEET;
THENCE NORTH 50°42’22” EAST, A DISTANCE OF 3.25 FEET TO THE TRUE POINT OF BEGINNING OF ENCROACHMENT ‘B’.

CONTAINING 94.25 SQUARE FEET (0.002 ACRES), MORE OR LESS.

LANGAN
NOVEMBER 10, 2025 JOB. NO. 721012103
EXHIBIT “B”

PRIVATE ENCROACHMENT

LEGAL DESCRIPTION
PAGE 3 OF 3
BASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, NAD 83 (EPOCH 2019.25),

ZONE V, IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801–8819. SAID COORDINATES WERE DETERMINED LOCALLY

USING FIELD-OBSERVED TIES TO THE FOLLOWING LEICA SMARTNET NORTH AMERICA (SNNA) CONTINUOUSLY OPERATING REFERENCE STATIONS (CORS).

SNNA CASM:

NORTHING: 1829162.26
EASTING: 6418730.89
SNNA CALA:

NORTHING: 1861,877.08
EASTING: 6488470.76
A PLAT ENTITLED “EXHIBIT C” IS ATTACHED HERETO AND MADE A PART HEREOF.

THIS DESCRIPTION AND THE ACCOMPANYING PLATS WERE PREPARED BY ME OR PREPARED UNDER MY DIRECTION.
___________________________ ________________

ANDREW TURNER DATE
P.L.S. 9104
LANGAN CA, INC.
11/10/2025
LANGAN
B0785-0009\3181906v3.doc

EXHIBIT C

DEPICTION OF ENCROACHMENT AREA
(Attached)
Filename: C:\bms\langan-pw-01\d0557383\721012103-0101-VB001-0101.dwg Date: 11/10/2025 Time: 14:43 User: aturner Style Table: Langan.stb Layout: VB01 © 2024 Langan Langan CA, Inc.
1960 East Grand Avenue, Suite 585
El Segundo, CA 90245
T: 213.314.8100 F: 213.314.8101 www.langan.com REFERENCES 11/10/2025 SURVEYOR'S STATEMENT THIS SURVEY DOCUMENT WAS PREPARED BY ME OR UN MY DIRECT/ . ANDREW TURNER, P.L.S. DATED

I MEDA DRIVE (PUBLIC ALLEY)
fo N39.17'54"W 660.49' . Lr°
I

50. o,. - - ------(
PROPOSED PR/ VA TE ENCROACHMENT 'A' SEE SHEET 2
LEGEND
LOT 1 -- BLOCK 7
94 M 11
us ,5£ «ammw.

F/K,/A CARTIER INC.

DOC. NO. 00_0144566 [1]
A.P.N.4343-015--001
Im
M. A.P.N. P.O.C. T.P.O.B. N s E w

DISTINCTIVE BOUNDARY RIGHT--OF-WAY LINE EXISTING LOT LINE CENTERLINE ENCROACHMENT LINE MONUMENT FOUND MONUMENT ASSESSOR'S PARCEL NUMBER POINT OF COMMENCEMENT TRUE POINT OF BEGINNING NORTH SOUTH EAST WEST

30.00'
PROPOSED PR/ VA TE ENCROACHMENT 'B' .-l
f-MoN.4
40 0
" SCALE: 1 INCH
20 40
40 -' FEET

REFERENCES
[1] GRANT DEED -
DOC. NO. 00_0144566
[2] PWFB1316-1507 [3] PWFB1316-263 [4] CL TE 616

MONUMENT REFERENCE LIST
MON.# DESCRIPTION
MON.1 FD. SPIKE & WASHER FLUSH [2]
MON.2 FD. LEAD & TACK [2]
MON.3 FD. LEAD, TACK &; TACK "L.S. 4965"° [3]
MON.4 FD. 2" BRASS DISK STAMPED IN WELL MON. [41
LANGAN Project Drawing Title Project No. Drawing No. RIGHT OF WAY 721012103 370 N. RODEO DR. Date Langan CA, Inc. BEVERLY HILLS, CA 90210 NOV. 10, 2025 1960 East Grand Avenue, Suite 585 ENCROACHEMENT Drawn By VB01 El Segundo, CA 90245 EC
CITY OF BEVERLY HILLS EXHIBIT C Checked By T: 213.314.8100 F: 213.314.8101 www.langan.com LOS ANGELES COUNTY CALIFORNIA AT Sheet 1 of 3 Filename: C:lbmslangan-pw-011ld0557383\721012103-0101-V8001-0101.dwg Date: 11/10/2025 Time: 1443 User. atumer Style Table: Langan.stb Layout: VB01 Filename: C:\bms\langan-pw-01\d0557383\721012103-0101-VB001-0101.dwg Date: 11/10/2025 Time: 14:34 User: aturner Style Table: Langan.stb Layout: VB02 © 2024 Langan Langan CA, Inc.
1960 East Grand Avenue, Suite 585
El Segundo, CA 90245
T: 213.314.8100 F: 213.314.8101 www.langan.com – REFERENCES DISTINCTIVE BOUNDARY RIGHT--OF--WAY LINE EXISTING LOT LINE CENTERLINE ENCROACHMENT LINE REFERENCE TIE LINE MONUMENT FOUND MONUMENT ASSESSOR'S PARCEL NUMBER POINT OF COMMENCEMENT TRUE POINT OF BEGINNING NORTH SOUTH EAST WEST A.P.N. M LEGEND w P.O.C. T.P.O.B. N s E ------
zr
l
MA TCHLINE (SEE SHEET VB03)
1 MEDA DRIVE (PUBLIC ALLEY)

1.89' N3917'54"W 660.49'

28.11' 51.88'
39iii"w x Nsiiww t,, ? MON.2 lo MON.3
'o
I _/ - - - - - - -----2 - P.O.C. S3916'45"E 'S ENCROACHMENT 'A' 100'\ R, Po.a - --- - ENCROACHMENT 'A'
l ' - PROPOSED PR/VA TE
? gfs l£gRoAcuENr'A'
5 ±! IN50"43'15"E _J N' 5 1L312 Sf "
' 3l zuo'! ? 4 « \]8 R= � II t-----"
N39"16'45"W 1 . ;,7 �POINT 'A I s Lor1 - BLOCK 7
9 94M 11 ? "! twos or @ciguoy,
' '
l

30.00' NORTH AMERICA, INC.

F/K/A CART/ER INC.
g DOC. NO. 00_0144566 [1] $ AP.4345-015-ooi
I I
BASIS OF BEARINGS THE BEARINGS SHON HEREON ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM, NAD 83 (EPOCH 2019.25), ZONE V, IN ACCORDANCE WTH THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 8801-8819. SAID COORDINATES WERE DETERMINED LOCALLY USING FIELD-OBSERVED TIES TO THE FOLLOWING LEICA SMARTNET NORTH AMERICA (SNNA) CONTINUOUSLY OPERA TING REFERENCE STATIONS (CORS): SNNA CASM: NORTHING: 1829162.26 EAST7NG: 6418730.89 SNNA CALA: NORTHING: 1861,877.08 EASTING: 6488470.76

REFERENCES
[1] GRANT DEED --
DOC. NO. 00_0144566
[2] PWFB1316-1507 [3] PWFB1316-263 [ 4} CL TIE 616
20 0
" SCALE: 1 INCH
10 20
= 20 -' FEET
LANGAN Project Drawing Title Project No. Drawing No. RIGHT OF WAY 721012103 370 N. RODEO DR. Date Langan CA, Inc. BEVERLY HILLS, CA 90210 NOV. 10, 2025 1960 East Grand Avenue, Suite 585 ENCROACHMENT Drawn By VB02 El Segundo, CA 90245 EC
CITY OF BEVERLY HILLS EXHIBIT C Checked By T: 213.314.8100 F: 213.314.8101 www.langan.com LOS ANGELES COUNTY CALIFORNIA AT Sheet 2 of 3 Filename: C:lbmsllangan-pw-011d05513831121012103-0101-VB001-0101.dwg Date: 11/10/2025 Time: 14:34 User.· aturner Style Table: Langan.stb Layout: VB02 Filename: C:\bms\langan-pw-01\d0557383\721012103-0101-VB001-0101.dwg Date: 11/10/2025 Time: 14:40 User: aturner Style Table: Langan.stb Layout: VB03 © 2024 Langan Langan CA, Inc.
1960 East Grand Avenue, Suite 585
El Segundo, CA 90245
T: 213.314.8100 F: 213.314.8101 www.langan.com REFERENCES 10 20 = 20 -' FEET

FOUND MONUMENT ASSESSOR'S PARCEL NUMBER POINT OF COMMENCEMENT TRUE POINT OF BEGINNING NORTH SOUTH EAST WEST > 5
l! +--
MON.4--' I
"
,
20 0
" SCALE: 1 INCH
M.- A.P.N. P.O.C. T.P.O.B. N s E w
r LEGEND -

I ---- DISTINCTIVE BOUNDARY
ee RHT--(f-/A4Y LINE -- - - -- EXISTING LOT LINE -- - CENTERLINE - - - - - - - - - -- ENCROACHMENT LINE ----------- REFERENCE TIE LINE

MONUMENT
N3917'48"w 29.00'
LOT 1 - BLOCK 7
94 M 11

LANDS OF RICHEMONT,
NORTH AMERICA, INC. F/K,/A CARTIER INC. DOC. NO. O0_O144566 [1] A.P.N. 4343--015--OO1
MA TCHLINE (SEE SHEET VB02)

REFERENCES
[1] GRANT DEED - DOC. NO. O0_O144566 [2] PWFB1316-15O7 [3] PWFB1316-263 [4] CL TE 616

30.00'

PROPOSED PRIVATE ENCROACHMENT 'B'
I 94.25 S.F.

30.00' !
l s3917'48E 660.51' '?
ON. 1 RODEO DRIVE (PUBLIC STREET)
T.P.0O.B. - ENCROACHMENT 'B'
\
J s39·11'48"E 29.oo' --- _.:..30:.;.o .:...o_�· _ -· _ -· __;lf,=:::L;___-__2 . o_14__' ---___;: ------ -- 5-.. __ ... lli------ _ _ _ i-( vso2a2e ------e------·_29?" I 3.25'
I I8 1�
- I
I
LANGAN Project Drawing Title Project No. Drawing No. RIGHT OF WAY 721012103 370 N. RODEO DR. Date Langan CA, Inc. BEVERLY HILLS, CA 90210 NOV. 10, 2025 1960 East Grand Avenue, Suite 585 ENCROACHEMENT Drawn By VB03 El Segundo, CA 90245 EC
CITY OF BEVERLY HILLS EXHIBIT C Checked By T: 213.314.8100 F: 213.314.8101 www.langan.com LOS ANGELES COUNTY CALIFORNIA AT Sheet 3 of 3 Filename: C:lbmsllangan-pw-011d05513831121012103-0101-VB001-0101.dwg Date: 11/10/2025 Time: 14:40 User: aturner Style Table: Langan.stb Layout: VB03

Beverly Hills City CouncilDecember 16, 2025

Beverly Hills City Council
December 16, 2025