HomeMy WebLinkAboutX2022-1758 - Accessibility Hardship RequestOFF! 4t(rNidh.
CITY OF NEWPORT BEACH oF�°r1a?
COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING DIVISION 4 CrT�oF:
100 Civic Center Drive I P.O. Box 1768 1 Newport Beach, CA 92658 $A�r
www.newportbeachca.gov 1 (949) 644-3200 SEACk1
DOCUMENTATION OF UNREASONABLE HARDSHIP — $357.00
M FINDING OF UNREASONABLE HARDSHIP FOR PROJECTS CASE NO.: - /{
$186,172* CBC 11B-202.4 — EXCEPTION: 8 (FILL OUT PAGES 1 & 2) / J ` L
❑ FINDING OF UNREASONABLE HARDSHIP FOR PROJECTS NM
$186,172* CBC 11B-202.4 —EXCEPTION. 8 (FILL OUT PAGES 1 & 2) PROJECT INFORMATION:
MUST BE ACCOMPANIED WITH RATIFICATION APPLICATION"
❑ FINDING OF TECHNICAL INFEASIBILITY FOR PROJECTS PER
CBC 11 B-202.3 - EXCEPTION. 2 (FILL OUT PAGESI, 2 & 3)
A. JOBADDRESS: 900 W Coast Hwy, Newport Beach, CA 92663
SUITE NO.
B. PROPERTY OWNER:
Address: City
State: _ Zip.' Phone No.
C. APPLICANT: Javad Mehrvijeh
Position/Relationship: Tenant
Address:421 N. Rodeo Dr. City Beverly Hills
State: CA Zip 90210 phone No.: 949-292-3366
Email.•: JAVAD@OPTIMASALONS.COM
PIC. #: 1607-2022
Permit#:.JgJ4,_ ��z✓ $
Use: B
stories: l
Verified by:Javad Mehrvijeh
Receipt #:: A0_-_e&6 Z_ -
DISTRIBUTION:
❑ Owner
41 Petitioner
9 PIC Eng_, [C_& —MY-
❑ Inspector _
❑ Other
An unreasonable hardship exists where the cost of providing an accessible entrance, path of travel, sanitary
facilities, public phones, drinking fountains, etc. exceeds 20% of the cost of project without these features.
The actual work of the project must comply with current code and an additional amount equal to at least 20%
of the cost of the project must be spent to improve required accessibility features that are not in compliance
with current code.
In choosing which accessible elements to provide, priority should be given to those elements that will provide
the greatest access, in the following order: 1) An accessible primary entrance; 2) An accessible route to the
altered area; 3) At least one accessible restroom for each sex; 4) Accessible public telephones (when
provided); 5) Accessible drinking fountains (when provided); 6) When possible, additional accessible
elements such as additional parking, storage and alarms.
To request an unreasonable hardship, complete the attached worksheet, and prepare a site and floor
plan of the existing and proposed accessibility improvements. This information must be submitted to
the Building Division in duplicate, prior to processing a permit application. One copy of the approval or denial
will be returned to the applicant.
For projects exceeding the valuation threshold of $186,172, a hardship approval can only be obtained
through a ratification application and hardship application.
The $186,172 is based on $50, 000 in 1981 dollars as of January 1, 2022.
Ratification form can be obtained at., httns.11www.newnortbeachca.00v/ratificationform
FormsWardship 06/08/2022
Address: 900 W Coast Hwy, Newport Beach, CA 92663 p/C #: 1607-2022
1.
Total Cost of Construction contemplated (notincluding disabledaccess work)
$ 100,000
Identify the accessibility features, which will NOT be brought into compliance if the request is granted.
Provide an estimate of the cost of compliance for each item.
M Path of travel to entrance (ramps, walks) ............................................
$ 20,000
KI Path of travel to altered area(s)...............................................................
$ 15 000
❑ Sanitary facilities (restrooms).................................................................
$
EIParking ............................... .............. ...... .....-..........................................
$15 000
❑ Drinking fountain(s)................................................................................
$
M Accessible phone(s)...............................................................................
$.N/A
❑ Accessible signage.................................................................................
$
❑ Other.......................................................................................................
$
Total cost of providing compliance:.....
$ 150,000
Identify the accessibility features and equivalent facilities, which will be
provided or brought into
compliance as required by Code. Provide an estimate of the cost of each item.
a. ACCESSIBLE RESTROOMS
$ 30,000
b. ACCESSIBLE DRINKING FOUNTAINS
$ 8,000
C. ACCESSIBLE SIGNAGE
$ 1,000
d.
$
e.
$
f.
$
Total:
$ 39,000 ..__.._.... _.._.. -
2.
Technically infeasibility — if applicable complete Page 3 of this application
3.
Fill out this section if the path of travel from the disabled parking spaces
to the tenant space
is not accessible. List projects (tenant improvements, additions, remodels, etc.) performed within
previous three years where no disabled access improvement was performed
in conjunction with the
project. State description, date, and cost.
NO PERMITTING HISTORY WITH IN 3 YEARS
t u a hough th ` Yrov° .; is `
gQf'unrea f
cress, �� s the ;.
require, : � cs
q
Javad hrvijeh
11/18/22
-
(Applic nts Name or tlbnzed epresentative)
- - - -
(Date)
5.
/
11/18/22
(Applican ignature)
(Date)
FOR CITY U Y
pproved ❑ Denied
Z�z'-z--
(ChiefBul�ng Official)
(Date)
Forms\Hardship 06/66/2022 2
Address: P/C #:
TECHNICALLY INFEASIBLE. An alteration of a building or a facility that has little likelihood of being
accomplished because the existing structural conditions require the removal or alteration of a load -bearing
member that is an essential part of the structural frame, or because other existing physical or site
constraints prohibit modification or addition of elements, spaces or features which are in full and strict
compliance with the minimum requirements for new construction and which are necessary to provide
accessibility.
Describe why the nature of accessibility is technically infeasible:
Describe how equivalent facilitation will be provided
Forms\Hardship 06/08/2022 3
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DATE: SCALE:
25i5i2022 SEE PLAN
SHEET TITLE
SHEET NO.:
CONSTRUCTION AGREEMENT for
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites
AGREEMENT BETWEEN OWNER, (MeHr Group of Companies Holding Inc.)
AND CONTRACTOR, (Elite Pros Construction Co.)
For use when a stipulated price forms the basis of payment and work performance, to be used only
with the General Conditions of the Contract to Perform on any Project for OPTIMA SALON
SUITES by the General Contractor and Payment Plan.
THIS AGREEMENT made on the 151h day of Aug in the year 2022
BY AND BETWEEN (General Contractor GE) Name and Address;
Elite Pros Construction Company;
Bahman Jahangiri
1032 S. Windy Ridge, Anaheim Hills, CA 92808
Hereinafter called the (General Contractor "GE")
AND;
Hereinafter called the "Owner" (MeHr Group of Companies Holding Inc.) dba Optima Salon
Suites located at 598 The Shops at Mission Viejo, Mission Viejo, CA 92691
WITNESSETH: that the Owner and Contractor undertake and agree as follows:
ARTICLE A-1 THE WORK
The Contractor shall:
(a) perform all the Work required by the Contract Documents for (MeHr Group of Companies
Holding Inc.) dba Optima Salon Suites, (See Tender Form for Description) which have been
signed in triplicate by both the parties,
(b) do and fulfil everything indicated by this Agreement, and all work based on the plans supplied
by (MeHr Group of Companies Holding Inc.) dba Optima Salon Suites on each project as
described on final plans.
(c) commence the Work by the 281h day of March, 202'a and substantially perform the Work of this
Contract as certified by the Engineer/Architect by the day of 20_.
(d) The "Engineer/Architect" is the person designated as such from time to time by the Owner.
MeHr Group of Companies Holding Inc. - 1 - Info r OptimaSalons.com www.OptimaSalons.com
OPTIMA SALON SUITES CONSTRUCTION AGREEMENT
ARTICLE A-2 CONTRACT DOCUMENTS
The following is an exact list of the Contract Documents referred to in Article A-1: (SEE TABLE OF
CONTENTS FOR LIST OF DOCUMENTS AND DRAWINGS). See Attached, one copy will be
supplied by owner to contractor "GC" for each location or project.
ARTICLE A-3 CONTRACT PRICE
THE CONTRACT PRICE IS $172,650.000 for the project at: (Project Address) 900 W Coast
Hwy, Newport Beach, CA 92663 / 3,000sf and the project will contain of about 35 Salon Suites in total of
approximately 3,000 SF.
(HST INCLUDED) US$ funds which price shall be subject to adjustments as may be required in
accordance with the General Conditions of the Contract, in the event of change orders the contractor
will notify the owner before any work is performed and the owner will give written signed notice to the
General Contractor before work is completed.
ARTICLE A-4 PAYMENT and TIME TO "START and COMPLET" Project.
(a) Subject to applicable legislation and, where such legislation does not exist or apply, in
accordance with such prescribed regulations or industry practice respecting holdback
percentages and in accordance with the provisions of the General Conditions of the Contract,
the Owner shall:
(1) make monthly payments to the Contractor on account of the Contract Price. The
amounts of such payments shall be as certified by the Engineer/Architect; and
(2) upon Substantial Performance of the work as certified by the Engineer/Architect
pay to the contractor any unpaid balance of holdback monies then due; and
(3) upon Total Performance of the Work as certified by the Engineer/Architect pay to
the contractor any unpaid balance of the Contract Price then due.
(b) If the Owner fails to make payments to the Contractor as they become due under the terms of
this Contract or in any award by a court, interest at the rate and in the manner specified in
GC21-Certificates and Payments, shall become due and payable until payment. Such interest
shall be calculated and added to any unpaid amounts monthly.
TOTAL Contact in US$
$172,650.000
START Date
Dec 1st 2022
COMPLETION Date
March 1st 2022
PROJECT #
OPTIMA/Newport
No Furniture and or Equipment's is included in the quote, All Furniture and or Equipment's
will be supplied by the owner.
-2-
CONSTRUCTION AGREEMENT for
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites
ARTICLE A-5 ADDRESSES FOR NOTICES
All communications in writing between the parties or between them and the Engineer/Architect shall
be deemed to have been received by the addressee if delivered to the individual or to a member of the
firm or to an officer of the Corporation for whom they are intended or if sent by post or by facsimile
addressed as follows:
The Owner at: (MeHr Group of Companies Holding Inc.) dba Optima Salon Suites,
598 The Shops at Mission Viejo, Mission Viejo, CA 92691
Info,@ OptimaSalons.com / 800 535 4171 Tel.
The Contractor at:
Elite Pros Construction;
1032 S. Windy Ridge, Anaheim Hills, CA 92808
The Engineer/Architect at:
HOOTAN INC,
14252 Culver Dr. Ste #170, Irvine, CA 92604
ARTICLE A-6 SUCCESSION
The General Conditions of the Contract hereto annexed, and all other aforesaid Contract Documents,
are all to be read into and form part of this Agreement and the whole shall constitute the Contract
between the parties and subject to law and the provisions of the Contract Documents shall ensure to the
benefit of and be binding upon the parties hereto, their respective heirs, legal representatives,
successors and assigns.
THIS CONSTRUCTION CONTRACT ("Contract') dated as of Aug 151h 2022 by and between MeHr
Group of Companies Holding Inc, DBA OPTIMA SALON SUITES ("Owner") and,
Elite Pros Construction, ("Contractor")
1032 S. Windy Ridge, Anaheim Hills, CA 92808
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
MeHr Group of Companies Holding Inc. -3- Info;w)OotimaSalonS.xm www.0ptimaSa1ons.com
OPTIMA SALON SUITES CONSTRUCTION AGREEMENT
Article 1. Contractor and Owner Work.
Owner will be responsible to perform and deliver the listed items to the contractor on a timely
manner at no cost to the general contractor;
1: Construction Plans.
2: Engineering for the Project.
3: Owner will be responsible for all City and Permit Fees to the Subject City.
4: Fire Sprinklers, if applicable.
5: HVAC and Ducking, if applicable.
6: Outside Sign and Installation.
7: Suite Cabinets and Shampoo Sink.
8: All Furnishers and Shampoo Chairs.
NOTE: All Cabinet Installations, Shampoo Sink Pluming Installation will be done by General
Contractor including within project quote.
Contractor shall construct the items identified in Exhibit "A" ("Work") and also items listed
below in accordance with the Contract Documents Permitted Plans, as identified in Article 8 of this
Contract on property which is located at including all change orders; 900 W Coast Hwy, Newport
Beach, CA 92663 / 3,000sf ("Property").
Most project will need the following items to be completed as part of this contract and
agreement, see Engineering Plans for Details and the Cost to Owner would be at $5,500 per
Suite.
1: Framing, Drywall, Electrical, Plumbing.
2: Carpet in Hallways & Wynell Flooring in Suites, Speakers, Camera Wiring and Installations.
3: Light Fixtures and Dimmer Switches for All Hallways and Suites.
4: Managing all Sub -Contractors including the Sub -Contractors listed above, HVAC, Fire
Sprinklers, and not limited to other Sub- Contractors as needed.
5: Final Cleaning of the Project as needed to Open for Grand Opening.
6: Warrant for all Project Performed for 12 Months from Completion at no cost to the Owner.
7: Final Walkthrough and Completion of the Check List Signed by the Owner.
Int:
Article 2. Contract Time.
The Work will be completed on or before Sep 151h 2018 ("Completion Date"), subject to
modifications in approved Change Orders. The Completion Date shall be the date when the Work is
sufficiently complete in accordance with the Contract Documents so that Owner can occupy or utilize
-4-
CONSTRUCTION AGREEMENT for
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites
the Property for its intended use ("Substantial Completion"). If Owner will pay Contractor for all or
part of the Work with funds advanced by a lender, Substantial Completion shall be the date as defined
by the loan documents. Before starting the Work, Contractor shall submit to Owner for review an
estimated progress schedule indicating the starting and completion dates of various stages of the Work.
Article 3. Contract Price.
Owner shall pay to Contractor an amount equal to $172,650.000 ("Contract Price") for
completion of the Work.
Article 4. Change Orders.
Any increase or decrease in the Contract Price, change in the Work or change in the Contract
Time must be set forth in a change order signed by Owner and Contractor and approved by the Lender
("Change Order").
Article 5. Payment Procedures
5.1. Progress Payments. Contractor shall submit to Owner a request for payment in a form
agreed to by Owner and Contractor and approved by Lender ("Request for Advance") which shall
cover a period of at least 30 calendar days from the submittal date.
Within 10 calendar days after a Request for Advance is presented, Owner shall notify
Contractor if Owner has any concerns about the Request for Advance that Owner believes should be
resolved before Owner pays the amounts specified in the Request for Advance, and, in this event,
Owner and Contractor shall promptly meet to address such concerns. Owner shall pay Contractor Five
percent (5%) of the full amount covered by the Request for Advance within 5 calendar days from the
day it was presented while retaining Fifteen percent (15%) thereof ("Holdback") to be paid
simultaneously with the final payment. Payment may be withheld for: (1) failure to perform the Work
in accordance with the Contract Documents; (2) defective Work that is not corrected; or (3) failure of
the Contractor to pay subcontractors or to pay for labor, materials or equipment when due.
5.2 Final Payment. Final payment of the balance of the Contract Price including the
Holdback shall be made in accordance with the following procedures:
a. When Contractor considers the Work substantially complete, Contractor shall
notify Owner in writing. Within a reasonable time thereafter, Owner and Contractor shall inspect the
Work. Promptly after such inspection, Owner shall deliver to Contractor a written punch list of the
items that must be completed in order for the Work to reach final completion ("Final Completion").
Alternatively, Owner shall deliver to Contractor a written statement that Final Completion has been
reached because no punch list items remain to be completed.
b. If Owner delivers a written punch list to Contractor, then Contractor shall
deliver to Owner a written notice that the Work is finally complete when Contractor believes that the
punch list items have been completed. Then Owner and Contractor shall promptly inspect the punch
McHr Group of Companies Holding Inc. -5- Info(dl0ptimaSalons.com www.OntimaSalons.com
OPTIMA SALON SUITES CONSTRUCTION AGREEMENT
list items. Promptly after such inspection, Owner shall deliver to Contractor either (i) a written
statement that Final Completion has been reached or (ii) another written punch list of the items that
still must be completed in order for the Work to reach Final Completion in which event the punch list
procedure described above shall be repeated until all punch list items have been completed.
C. When Final Completion has been reached and after Contractor has delivered to
Owner all maintenance and operating instructions, schedules, guarantees, certificates of inspection,
marked -up record documents and other documents, Contractor may make application for final payment
following the procedure for progress payments. The final Request for Advance shall be accompanied
by all documentation called for in the Contract Documents, together with complete and legally
effective releases or waivers (satisfactory to Owner and Lender) of all potential liens arising out of or
filed in connection with the Work.
Article 6. Interest.
Payments due and unpaid to Contractor shall bear interest at the rate of the lower of One
percent (1 %) per annum or the maximum rate allowed by law at the place of the Work.
Article 7. Contractor's Representation.
In order to induce Owner to enter into this Contract, Contractor makes the following
representation:
Contractor has familiarized itself with the nature and extent of the Contract Documents, Work
site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work. Contractor is duly licensed to perform the Work as
required by local laws and regulations.
Article S. Contract Documents.
The Contract Documents which comprise the entire Contract between Owner and Contractor
concerning the Work consist of this Contract, Exhibit "A," the Plans and Specifications, all Change
Orders and Additional work performed by General Contractor "GC".
Article 9. Contractor's Responsibilities.
9.1. Performance. Contractor shall perform the Work in accordance with the Contract
Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences and
procedures of construction.
9.2. Personnel. Contractor shall provide competent, suitable personnel to survey and lay out
the Work and perform construction as required by the Contract Documents. Contractor shall at all
times maintain good discipline and order at the Property.
CONSTRUCTION AGREEMENT for
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites
9.3. Furnished Items. Contractor shall furnish and be fully responsible for all materials,
equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power,
light, heat, telephone, water sanitary facilities, temporary facilities and all other facilities and
incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work.
9.4. Materials. All materials and equipment shall be of good quality and new, except as
otherwise provided in the Contract Documents. All materials and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable
supplier.
9.5. Subcontractors. Contractor shall be fully responsible to Owner for all acts and
omissions of its subcontractors, suppliers and other persons and organizations performing or furnishing
any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for
Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual
relationship between Owner and any such subcontractor, supplier or other person or organization, nor
shall it create any obligation on the part of Owner to pay any such subcontractor, supplier or other
person or organization except as may otherwise be required by laws and regulations.
9.6. Permits; Inspections. Contractor shall obtain and shall pay for all construction permits
and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the
Work. Contractor shall give all notices and comply with all laws and regulations applicable to
furnishing and performance of the Work and all Original Copies of all Permits will be delivered to
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites.
9.7. Taxes. Contractor shall pay all sales, consumer, use and other similar taxes required to
be paid by Contractor in accordance with the laws and regulations of the place of the Work which are
applicable during the performance of the Work.
9.8. Use of Premises. Contractor shall confine construction equipment, the storage of
materials and equipment and the operations of workers to the Property, and shall not unreasonably
encumber the Property with materials or equipment. Contractor shall be fully responsible for any
damage to the Property or areas contiguous thereto resulting from the performance of the Work.
During the progress of the Work, Contractor shall keep the Property free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At the completion of the Work, Contractor
shall remove all waste materials, rubbish and debris from and about the Property as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall leave the Property
clean and ready for occupancy by Owner.
9.9. Record Documents. Contractor shall maintain in a safe place at the Property one record
copy of all drawings, specifications, addenda, written amendments, Change Orders, and the like in
good order and annotated to show all changes made during construction which will be delivered to
Owner.
MeHr Group of Companies Holding Inc. - 7 - Info(u)OptimaSalons.com www.OptimaSalons.com
OPTIMA SALON SUITES CONSTRUCTION AGREEMENT
9.10. Safety. Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. Contractor shall comply with all
applicable laws and regulations relating to the safety of persons or property and will be covered by its
own insurance policy coverage at all time.
9.11. Continuing the Work. Contractor shall carry on the Work and adhere to the progress
schedule during all disputes or disagreements with Owner.
9.12. Damage to the Work. Contractor shall repair or replace, at Contractor's sole expense,
every portion of the Work that is damaged or destroyed prior to Final Completion and caused in whole
or in part by the acts or omissions of Contractor. Notwithstanding the foregoing, Owner shall bear the
cost of such repair or replacement if the sole cause of the damage or destruction of the Work was
Owner's negligence.
9.13. Warranty. Contractor warrants and guarantees to Owner that all Work will be in
accordance with the Contract Documents and will not be defective. If within one year after the date of
Final Completion or such longer period of time as may be prescribed by laws or regulations or by the
terms of any specific provision or applicable special guarantee in the Contract Documents, any Work is
found to be defective, Contractor shall promptly, without cost to Owner and in accordance with
Owner's written instructions, promptly either correct such defective Work, or if it has been rejected by
Owner, remove it from the Property and replace it with nondetective Work. If Contractor does not
promptly comply with the terms of such instructions, or in an emergency where delay would cause
serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work
removed and replaced, and all direct, indirect and consequential costs of such removal and replacement
(including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by Contractor.
9.14. Indemnity and Hold Harmless. Contractor shall indemnify and hold harmless Owner
against all loss, liability, cost expense, damage and economic detriment of any kind whatsoever that
arises out of or results from performance of the Work but only to the extent caused in whole or in part
by the acts or omissions of the Contractor.
9.15 Related Work at Property. Owner may perform other work at the Property which is not
part of the Work by Owner's own forces or let other direct contracts therefor. Contractor shall afford
Owner's own forces and each other contractor who is a party to such a direct contract proper and safe
access to the Property and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such work. Contractor shall do all cutting, fitting and patching of the
Work that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise
altering their work and will only cut or alter their work with the written consent of Owner and the
others whose work will be affected.
-8-
CONSTRUCTION AGREEMENT for
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites
Article 10. Insurance.
10.1. Contractor's Insurance. Contractor shall purchase and maintain such comprehensive
general liability and other insurance as is appropriate for the Work being performed and furnished with
limits and features as follows:
Before any Work is started, Contractor shall deliver to Owner certificates (and other evidence of
insurance requested by Contractor) which Contractor is required to purchase and maintain.
10.2 Owner's Insurance. Owner shall be responsible for purchasing and maintaining
Owner's liability insurance and other reasonably appropriate insurance.
Article 11. Termination.
11.1 Termination by Owner. If the Contractor breaches any of its obligations under this
Agreement, then Owner may give Contractor written notification identifying such breach. If Contractor
has not cured such breach within seven (7) calendar days from its receipt of Owner's written
notification or if such breach cannot be cured within such seven (7) day period, then if Contractor
either does not begin cure within such seven (7) day period or fails to diligently prosecute cure to
completion, Owner may terminate this Contract and take possession of the Work. Alternatively,
instead of terminating the Contract, Owner may cure the breach and deduct the cost thereof from
amounts otherwise owed to the Contractor.
11.2 Termination by Contractor. If the Owner breaches any of its obligations under this
Agreement, then Contractor may give Owner written notification identifying such breach. If Owner
has not cured such breach within seven (7) calendar days from its receipt of Contractor's written
notification, or if such breach cannot be cured within such seven (7) day period, then if Owner either
does not begin cure within such seven (7) day period or fails to diligently prosecute cure to completion,
Contractor may terminate this Contract.
Article 12. Miscellaneous.
12.1. Assignment of any rights or interests under this Contract shall not be binding on any party
to this Contract without the written consent of such party. Payments due under this Contract may not
be assigned. Notwithstanding the foregoing, the Owner hereby assigns all of its rights, title and interest
in and to this Contract to the Owner's, (MeHr Group of Companies Holding Inc.) dba Optima Salon
Suites, having an address at 598 The Shops at Mission Viejo, Mission Viejo, CA 92691, as additional
security for the payment. The Contractor hereby consents to such assignment. Notwithstanding
anything to the contrary in this Contract, upon a breach by the Owner of this Contract, the Contractor
shall give the lender notice of such a breach, at the address set forth above, and provided that the
Owner or the lender cures such default within a reasonable period and continues to pay the Contractor
all amounts due under this Contract, the Contractor shall continue to perform its services under this
MeHr Group of Companies Holding Inc. -9- InfoA,OptimaSalons.com www.optiinasalons.com
OPTIMA SALON SUITES CONSTRUCTION AGREEMENT
Contract.
12.2. Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives, to the other party hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, agreements and obligations contained in the Contract Documents.
12.3. This Contract and all issues, disputes and matters arising out of it shall be governed by
and construed in accordance with the law of the state in which the Property is located, exclusive of that
body of law governing conflicts of laws.
IN WITNESS WHEREOF, Owner and Contractor have signed this Contract.
This Contract will be effective on Aug 15'h 2022
Owner: (MeHr Group of Companies Holding Inc.) dba Optima Salon Suites.
Address for giving notices:
598 The Shops at Mission Viejo,
Mission Viejo, CA 92691
Contractor: AA�t .- M m
Contractor Address: l a ti , < h,
Address for giving notices:
License No.
2
IN WITNESS WHEREOF the parties hereto have executed this Agreement under their respective
corporate seals and by the hands of their proper officers hereunto duly authorized.
-10-
CONSTRUCTION AGREEMENT for
(MeHr Group of Companies Holding Inc.) dba Optima Salon Suites
DELIVERED
in thepresenceof:
i
O ER:
�V
name and title
date
CONTRACTOR
_Iz-- � L
signed
Alsl..-r An „ v
name and title
signed / witnessed
name and title
date
NOTE: Where any legal jurisdiction, local practice or client requirement calls for proof of authority to
execute this document, proof of such authority in the form of a certified copy of a resolution naming
the person or persons in question as authorized to sign the Agreement for and on behalf of the
Corporation or Partnership, should be attached.
MeHr Group of Companies Holding Inc.
- 11 - Info!a)OptimaSalons.com Nvww.OnthnaSalons.cotn