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ILLUMINATION FOUNDATION & DYER 18, LLC
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Last modified
7/14/2020 12:39:37 PM
Creation date
7/14/2020 12:32:19 PM
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Contracts
Company Name
ILLUMINATION FOUNDATION & DYER 18, LLC
Contract #
A-2020-131-01
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
6/16/2020
Expiration Date
7/12/2035
Destruction Year
2040
Notes
A-2020-130
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INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />nrTc. <br />CLERK OF COUNCIL <br />_7I 1 y /za <br />GUARANTY OF LEASE <br />A. The following lease (the "Lease") is being executed simultaneously herewith: <br />Lessor: i ER=}B;-L-LC <br />Lessee:—tL-LUMINATION FOUNDATION <br />Address of Premises: 1815 E. CARNEGIE AVE., SANTA ANA, CALIFORNIA <br />A-2020-131-01 <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 (S50,000.00). <br />D. The undersigned is desirous that Lessor enter into the Lease with Lessee. <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 -thousand <br />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 against Lessee. <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 />Page 1 <br />12311995.1/48581-00004 <br />
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