Termination of Memorandum of Understanding COER DERBA (Red Chair)MUTUAL TERMINATION AND RELEASE AGREEMENT
This Mutual Termination and Release Agreement ("Agreement"), is made and entered into
as of the -7'' day of QCkbe✓' , 2026, by and between the Elk River Housing and
Redevelopment Authority, a public body corporate and politic under the laws of the State of
Minnesota ("HRA") and the Downtown Elk River Business Association, a Minnesota nonprofit
corporation ("Association").
WHEREAS, the HRA and the Association entered into a Memorandum of Understanding
("MOU") regarding the placement of an oversized Adirondack chair (the "Furniture") on the real
property owned by the HRA with a Property Identification Number (PID) of 75-00405-0235 (the
"Property") dated September 9, 2026; and
WHEREAS, the Furniture was never delivered, located, or placed upon the Property, as the
Association secured an alternative property location for the Furniture; and
WHEREAS, because no activity or installation occurred on the Property pursuant to the MOU,
no removal, restoration, or site cleanup is required; and
WHEREAS, Paragraph 5 of the MOU permits termination of the agreement, and the HRA and
the Association now mutually desire to formally terminate the MOU and release all parties from
any further obligations thereunder.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1. Mutual Termination. The HRA and the Association hereby mutually agree that the
MOU is terminated in its entirety, effective as of C. pbev }h , 2026 (the
"Effective Termination Date"). As of the Effective Termination Date, the MOU shall be null, void,
and of no further force or effect.
2. The Acknowledgment of Non -Placement. The parties acknowledge and agree that
the Furniture was never placed on the Property. Consequently, the parties confirm that Section 3
and Section 5 removal obligations under the original MOU are inapplicable, and neither party owes
any duty of site restoration, property cleanup, or cost reimbursement to the other.
3. Mutual Release of Claims. As of the Effective Date, each party, on behalf of itself
and its successor, assigns, officers, directors, employees, and agents, hereby fully releases, acquits,
and forever discharges the other party and its officers, directors, employees, agents, and
representatives from any and all claims, demands, liabilities, obligations, actions, or causes of
action arising out of, relating to, or in connection with the MOU.
4. Representation of Authority. The undersigned executing this Termination
Agreement represent and warrant that they are duly authorized officers or representatives of their
respective organizations and have full authority to execute this agreement and bind the parties
hereto.
IN WITNESS WHEREOF, the parties have executed this Mutual Termination and
Release Agreement as of the date first written above.
HOUSING AND REDEVELOPMENT
AUTHORITY OF THE CITY OF ELK
RIVER
By:
Na e Ovall
Its: Chai
By: -Mh )
Bf nt 'Neil
Its: Executive Director
DOWNTOWN ELK RIVE
ASSO TION
By: 4AI
11 /�t
De na McLean
Its: Chair