HRA Packet for May 5, 2025 - Laserfiche WebLink

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Memorandum of Understanding This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into as of the ___ day of ________________________, 2025 by and between the ELK RIVER HOUSING AND REDEVELOPMENT AUTHORITY, a public body corporate and politic (“HRA”) and the DOWNTOWN ELK RIVER BUSINESS ASSOCIATION, a Minnesota nonprofit corporation (“Association”). RECITALS WHEREAS, the HRA owns the real property located at 724 Main Street NW, Elk River, Minnesota 55330, with a PID of 75-00405-0225 (the “Property”); and WHEREAS, the Association has offered to place outdoor furniture on the Property for use by the public during the 2025 summer season; and WHEREAS, the Association has arranged to obtain the necessary furniture at its own sole expense; and WHEREAS, the HRA believes that placing outdoor furniture on the Property will benefit the public and further a public purpose by supporting the HRA’s efforts to promote redevelopment in the City of Elk River areas; and WHEREAS, the parties to this MOU wish to memorialize their understanding. NOW, THEREFORE, the HRA and the Association have reached the following understandings: 1. Purpose. The purpose of this MOU is to establish a mutual understanding of the parties’ intentions, rights, and obligations. 2. Furniture Placement Authorized. The Association is authorized to place outdoor furniture on the Property through November 1, 2025, except for the oversized Adirondack chair which may remain on the Property during the term of this MOU. In no case shall the City be responsible for any portion of the cost associated with the furniture on the Property. 3. Responsibilities of Association. The Association shall be solely responsible for acquiring, transporting, placing, maintaining, cleaning, repairing, and removing the furniture. The Association shall ensure the furniture is removed from the Property on or before the date the authorization ends. 4. Responsibilities of the HRA. The HRA shall allow the furniture to be placed on the Property, and shall not remove the furniture except as provided in this MOU. If the furniture becomes damaged, defaced, in disrepair, unsightly, or begins to encroach on or obstruct the use of the Property or nearby uses, the HRA may, but is under no obligation to, remove and dispose of the affected portion of the furniture. Page 13 of 36