4.9 SR 06-03-2024The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community
engagement that encourages and inspires prosperity
Request for Action
To
City Council
Item Number
4.9
Meeting Date
June 3, 2024
Prepared By
Joe Stremcha, Business Services Director/Assistant
City Administrator
Item Description
Resolution 24-27: Confirming Status of Lease
Agreement with iBackCheck
Reviewed by
Cal Portner
Tina Allard
Action Requested
Adopt, by motion, Resolution 24-27 confirming status of lease agreement with iBackCheck.
Background/Discussion
The City Council agreed to withdraw the lease termination and reconfirm the lease status after hearing from
iBackCheck CEO Dr. Christi Jo Christiansen and The Bank of Elk River Commercial Lender Michelle
Thatcher.
Financial Impact
None
Mission/Policy/Goal
Work with citizens to achieve goals.
Attachments
1. Resolution Confirming Status of Lease Agreement
Page 42 of 464
231113v1
City of Elk River
City Council
Resolution 24-____
A Resolution of the City Council of the City of Elk River Confirming the
Status of the Lease Agreement Between the City of Elk River and
iBackCheck, PLLC dated May 3, 2022
WHEREAS,the City of Elk River and iBackCheck, PLLC (“iBackCheck”) entered into a
5-year Lease Agreement (the “Lease”) for space in the Furniture and Things Community
Event Center dated May 3, 2022; and
WHEREAS,in late 2023 and in Spring 2024 the City provided notices to iBackCheck of
late fees, insufficient rent payments, and outstanding balances; and
WHEREAS,such outstanding balances were not remedied to the satisfaction of the City;
and
WHEREAS,after review on May 6, 2024, the City Council determined to call the
outstanding balance due immediately and, pursuant to Article 20 of the Lease, to terminate
the lease effective May 31, 2024; and
WHEREAS,The Bank of Elk River and Dr. Christi Jo Christiansen (“Dr. Christiansen”),
Chief Manager of iBackCheck, notified the City of bank errors related to the most recent
automatic fund transfer; and
WHEREAS,as of May 16, 2024, iBackCheck paid all outstanding balances related to its
Lease, including late fees; and
WHEREAS,Dr. Christiansen appealed the lease termination and appeared before the City
Council at its regular meeting on May 20, 2024; and
WHEREAS, after hearing from Dr. Christiansen, the City Council agreed to withdraw the
termination and reconfirm the status of the Lease.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk
River as follows:
1. The Lease Termination is hereby withdrawn.
2. The Lease remains in full force and effect pursuant to its terms, and the City
retains all rights under the Lease.
Page 43 of 464
231113v1
.
Passed and adopted this 3rd day of June 2024.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 44 of 464