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• LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT <br /> THIS LEASE TERMINATION AND MUTUAL RELEASE <br /> AGREEMENT ("Agreement") is made and entered into as of ,1995, <br /> by and among the CITY OF ST. ANTHONY, a municipal corporation under the laws <br /> of the State of Minnesota (the "City") and HIGHWOOD FOOD SERVICES, INC., a <br /> Minnesota corporation ("Highwood"), and ERICH SCHUHMACHER ("Guarantor"). <br /> A. The City, as lessor, and Highwood, as lessee, entered into that certain <br /> Lease Agreement dated August . 1992 (the "Lease"), under the terms of which <br /> the City leased to Highwood certain premises consisting of approximately 507 square <br /> feet of kitchen space and 267 square feet of office and storage space (the "Leased <br /> Premises"), in the building located at 2700 Highway 88, St. Anthony, Minnesota, as <br /> more particularly described in the Lease. <br /> B. Guarantor executed that certain Guaranty dated August , 1992 (the <br /> "Guaranty") relating to the Lease. <br /> C. The City and Highwood desire to terminate the Lease in accordance <br /> iwith the terms and conditions hereinafter set forth. <br /> D. The City, Highwood and Guarantor also desire to resolve all claims, <br /> disputes, whether existing or potential, known or unknown, whether mentioned <br /> herein or not, that arise out of any representation, action or inaction occurring in <br /> connection with the Lease prior to the date of this Agreement, without the need for <br /> litigation, according to the terms contained herein. <br /> NOW, THEREFORE, in consideration of the foregoing recitals, the <br /> mutual agreements contained herein and other good and valuable consideration, <br /> the receipt and sufficiency of which are hereby acknowledged, the parties hereto <br /> hereby agree as follows: <br /> 1. Termination. The Lease shall, without the further act of the parties <br /> hereto, terminate as of 11:59 P.M. on June 30, 1995 (the "Effective Date"), and shall <br /> thereafter be of no further force or effect whatsoever; provided, however, that the <br /> obligations of Highwood under this Agreement shall survive the termination of the <br /> Lease, and Guarantor shall remain personally liable under the Guaranty for <br /> Highwood's performance hereunder. <br /> 2. Survival Until Termination. During the period of time intervening <br /> • between the date of execution of this Agreement and the Effective Date, the City and <br /> Highwood shall remain responsible for the performance of their respective <br />