HomeMy WebLinkAboutCARIBOU INDUSTRIES (12)A-2020-265-05
EXHIBIT F
PERSONAL GUARANTEE
(M01m j � Mok TMS PERSONAL GUARANTEE made this December 6, 2022 is by:
Av
Guarantor: Michael Harrah with a mailing address of 44 Linda Isle, Newport Beach, CA 92660
o ("Guarantor") that agrees to personally guarantee a loan made by:
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`� Borrower: Caribou Industries, Inc. a Nevada Corporation with a mailing address of
Ea 1103 North Broadway, Santa Ana, CA 92701(`Borrowei") that agreed to borrow money
from
Lender; City of Santa Ana, a California charter city in the County of Orange of the
State of California with a mailing address of City of Santa Ana, 20 Civic Center Plaza
(M-30), P.O. Box 1988, Santa Ana, CA 92701("Lender") that accepts the terms of this
Personal Guarantee
IN CONSIDERATION of the Lender extending a loan of Thirteen Million ($13,000,000.00)
to the Borrower, plus other valuable consideration, the receipt and sufficiency of which is
acknowledged, the Guarantor personally guarantees the prompt, full and complete
performance of any and all present and future duties, obligations and indebtedness (the
"Debt") due to the Lender by the Borrower up to a limit of Thirteen Million Dollars
($13,000,000,00), under the terms of the City of Santa Ana Public Improvement Loan
Agreement with Caribou Industries, Inc. and Promissory Note signed by Borrower (the
"Agreements") and under the following terms and conditions:
I. I. Guarantor guarantees that Borrower will promptly pay the full amount of principal and
interest of the Debt as and when the same will, in any manner, be or become due, either
according to the terms and conditions provided by the Agreement, or upon acceleration
of the payment under the Agreements by reason of default;
1.2. The Guarantor agrees not to pledge, hypothecate, mortgage, sell or otherwise transfer all
or substantially of Guarantor's assets without the prior written consent of the Lender;
1.3. To the extent permitted by law, Guarantor waives all defenses, counterclaims or offsets
that are legally available to the Guarantor with respect to the payment of the Debt of
Borrower.
2. This Personal Guarantee shall be construed exclusively in accordance with and governed by
the laws of the State of California.
This Personal Guarantee embodies the entire promise of Guarantor to personally guarantee
Borrower's Debt and supersedes all prior agreements and understandings relating to the
subject matter here, whether oral or in writing,
55394.00049\40884170.6
A-2020-265-05
CITY:
CITY OF SANTA ANA
By:
Kristine Ridge, City Manager
Attest:
GUARANTOR:
Mfls�'
/ A D CARIBOU INDUSTRIES, INC., A NEVADA
By: ' 5`Y L2-, CORPORATION
�,40erk of the Counc
APPROVED AS TO FORM: By:
Michael F.
By: 11Vd
Attorney 6-
Page 3 of 3
55394.0004%40884170.6
CALIFORNIA CERTIFICATE OF 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 ff I )
On -lX' Li before me, ; `r T 1� I p<7 �''
1 (here insert name a title o the officer)personally appeared I"` C�(Jt �. y ra h
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
Optional Information
YVETTEPGRTUGAL
o a COMM. #2322245 z
Notary Public •California z
z Orange County
M Comm. EX fires Mar. 3, 2G24
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signer(s) capacity or authority is/are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
❑ Guardian/conservator
❑ Partner-Limbed/General
❑ Trustee(s)
❑ Other:
representing:
Names) at per50n6) or Entay(m) Signer is Representing
Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
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