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231113v1 <br />City of Elk River <br />City Council <br />Resolution 24-____ <br />A Resolution of the City Council of the City of Elk River Confirming the <br />Status of the Lease Agreement Between the City of Elk River and <br />iBackCheck, PLLC dated May 3, 2022 <br />WHEREAS,the City of Elk River and iBackCheck, PLLC (“iBackCheck”) entered into a <br />5-year Lease Agreement (the “Lease”) for space in the Furniture and Things Community <br />Event Center dated May 3, 2022; and <br />WHEREAS,in late 2023 and in Spring 2024 the City provided notices to iBackCheck of <br />late fees, insufficient rent payments, and outstanding balances; and <br />WHEREAS,such outstanding balances were not remedied to the satisfaction of the City; <br />and <br />WHEREAS,after review on May 6, 2024, the City Council determined to call the <br />outstanding balance due immediately and, pursuant to Article 20 of the Lease, to terminate <br />the lease effective May 31, 2024; and <br />WHEREAS,The Bank of Elk River and Dr. Christi Jo Christiansen (“Dr. Christiansen”), <br />Chief Manager of iBackCheck, notified the City of bank errors related to the most recent <br />automatic fund transfer; and <br />WHEREAS,as of May 16, 2024, iBackCheck paid all outstanding balances related to its <br />Lease, including late fees; and <br />WHEREAS,Dr. Christiansen appealed the lease termination and appeared before the City <br />Council at its regular meeting on May 20, 2024; and <br />WHEREAS, after hearing from Dr. Christiansen, the City Council agreed to withdraw the <br />termination and reconfirm the status of the Lease. <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk <br />River as follows: <br />1. The Lease Termination is hereby withdrawn. <br />2. The Lease remains in full force and effect pursuant to its terms, and the City <br />retains all rights under the Lease. <br />Page 43 of 464