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65B - HOMLESS SHELTER
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65B - HOMLESS SHELTER
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Last modified
6/15/2020 2:24:56 PM
Creation date
6/15/2020 2:19:15 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
65B
Date
6/16/2020
Destruction Year
2025
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EXHIBIT 2F <br />GUARANTY OF LEASE <br />A. The following lease (the "Lease") is being executed simultaneously herewith: <br />Lessor: DYER 18, LLC <br />Lessee: ILLUMINATION FOUNDATION <br />Address of Premises: 1815 E. CARNEGIE AVE., SANTA ANA, CALIFORNIA <br />B. The following Agreement with The Illumination Foundation to Operate a Year -Round Homeless <br />Navigation Center and Recuperative Care Facility ("Agreement') is being executed simultaneously <br />herewith: <br />City: CITY OF SANTA ANA <br />Contractor: ILLUMINATION FOUNDATION <br />Purpose: City is retaining Contractor to administer and operate a year-round homeless <br />navigation center and recuperative care facility in the City of Santa Ana <br />C. Lessor requires as a condition to its execution of the Lease that the undersigned ("Guarantor") <br />guarantee the payment of the Base Rent under theLease, and any damage to the Property in excess <br />of fifty -thousand dollars ($50,000). <br />D. The undersigned is desirous that Lessor enter into the Lease withLessee. <br />E. Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the <br />Lease. <br />NOW THEREFORE, in consideration of the execution of the Lease by Lessor, and as a material inducement <br />to Lessor to execute the Lease, Guarantor hereby guarantee and agree as follows: <br />Guaranty. Guarantor unconditionally and irrevocably guarantees: (i) the prompt payment by Lessee of all <br />Base Rent payable by Lessee under the Lease; and, (ii) any damage to the Property in excess of fifty - <br />thousand dollars ($50,000). <br />Independent Obligation. Guarantor agrees that this Guaranty is separate, independent of, and in addition to <br />the obligations and undertakings of Lessee pursuant to the Lease. Guarantor further agrees that a separate <br />action or actions may be brought and prosecuted against Guarantor hereon whether or not action is brought <br />against Lessee, whether or not Lessee be joined in any such action or actions, and independent of any action <br />at law or in equity brought againstLessee. <br />Alteration or Assignment of Lease. It is specifically agreed and understood that the terms of the Lease may <br />be altered, affected, modified, or changed by agreement between Lessor and Lessee or by a course of <br />conduct, and the Lease may be assigned by Lessor or any assignee of Lessor and that this Guaranty shall <br />thereupon and thereafter guarantee the performance of Lessee under the Lease as so altered, modified, <br />changed, or assigned, only upon the written confirmation and acceptance of such modifications or <br />assignment of the Lease by Guarantor. Such approval of any proposed alternations or assignment of Lease <br />shall not be unreasonably withheld by Guarantor. If Guarantor has sufficient reason to not agree with such <br />Page 1 <br />12104733.1/48581-00004 <br />65B-101 <br />
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