272914 WHITE - CITV CLERK � '��
PINK - FINANCE GITY OF SAINT PALTL Council �}�����
CANARV - DEPAR7MENT
BLUE - MAVOR File NO. f•�
o n 'l Resolution
Presented By � �
Referred To Committee: Date
Out of Committee By Date
BE IT RESOLVED that the attached Agreement relating to
� the relocation of Industrial Steel Container Company and
Lease providing for temporary� continued occupancy at its
present site is hereby approved and the proper officials
are authorized and directed to execute the same on behalf
_ of the City of Saint Paul, Minnesota.
COUNCILMEN
Yeas Nays /� Requested by Department of:
Butler K� In Favor
�
Hunt
L.evine __�__ Against BY —
Maddox
Showalter
Tedesco �AV � 197� Form Approved b .it Attorney
Adopted by Council: Date ��
Certified Passed by Council Secretary BY
By �—
�#p ro d by IVlavor: Da ' __� � A oved by Mayor for Submission to Council
By _ BY
�,�sti�9 M�AY 12197g
' � �G�aG:�' p �
A G R E E M E N T
THIS AGREEMENT, made and entered into as of the
day of , 19 , by and between the CITY OF
SAINT PAUL and the HOUSING AND REDEVELOPMENT AUTHORITY OF THE
CITY OF SAINT PAUL, NINNESOTA, hereinafter sometimes referred to
as "Saint Paul" , and INDUSTRTAL STEEL CONTAINER COMPANY, a
Minnesotia corporation, hereinafter sometimes referred to as - ,
"Industrial" .
WHEREAS, Saint Paul purchased the Iand, building, certain
machinery and the related other properties in lieu of the exer-
cise of its powers of eminent domain in July of 1972, and as a _'
result of which Industrial is entitled to relocation allowance;
and
;
WHEREAS, from and after the date of the aforesaid acquisition;
Industrial has leased from Saint Paul the land and building, and
certain machinery and related equipment at premises known as
180-188 Eagle Street and 192 Chestnut; and
. WHEREASt on August 19, 1974 , Saint Paul and Industrial entered
into a Lease of the aforesaid land, building and equipment for the
period August 19, 1974 through October 31, 1975, and as part there-
of Industrial acquired the option to purchase from Saint Paul on
October 31, 1975, certain specific machinery and related equipment
forming part of the tighthead reconditioning line and openhead
reconditioning line operated by Industrial for a price of Sixty-
Three �housand Two Hundred Five Dollars ($63,205. 00) , said machinery
and equipment being part of that which had been purchased by Saint
� Paul from Industrial in July of 1972; and
� WHEREAS, the aforesaid Lease and Purchase Option dated August
19, 1974, specifically provides that Industrial ` s entitlement to
relocation payments according to the provisions of the Uniform
Relocation Act and the guidelines of HUD for business relocation
: claims shall not be affected by the provisions of the Purchase �
� Option requiring removal of the machinery and equ.ipment subject to
the Purchase Option; and
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WHEREAS, that said option further specifically provides
that alteration, dismantling, removal, relocation and install-
ation of machinery and equipment which is subject to the option
would be at Industrial' s risk and expense; and
WHEREAS, on April 15, 1975, the aforesaid August 19 , 1974
� Lease was extended to February l, 1977, and on June 14, 1976, was � .
extended to July 31, 1978, under all of the terms, provisions
and conditions of the Lease and Option Agreement as executed on
� August 19, 1974, without alteration except that it was agreed
that the second Lease extension expiring July 31, 1978, was upon _�
the additional condition that the entitlement of lndustrial to
appropriate relocation payments shall not be affected thereby
. except that the amount of such relocation payments to Industrial ,
shall be limited to the expense of .relocation on February 1,
1977; and
, WHEREAS, on the basis of bids received for relocation as of
February l, 1977, Industrial, on February l, 1977, submitted a
letter claiming relocatian allowance of One Million Thirty-four
Thousand Two Hundred Thirty-six��Dollars ($1,034,236. 00) , subject
to such additional benefits to which it may be entitled at the
time of actual move, including but not limited to costs for pro-
� fessional services, relettering of signs, printing, physical
changes at replacement relocation, actual direct losses and related
movinq expenditures; and
WHEREAS, Industrial' s request for relocation allowance of
� One Million Thirty-four Thousand Two Hundred Thirty-six Dollars
� ($1,034,236. 00) , included its claim for relocation expenses
� attributable to that certain machinery and related equipment
which formed a part of the tighthead reconditioning line and
openhead reconditioning line purchased by Saint Paul; and
WHEREAS, SaintPaul has disputed the entitlement of Industriai
to the full amount of relocation allowance claimed by Industrial,
and on October 19, 1977 , Saint Paul informed Industrial that on
; the basis of bids proposing the cost of moving and other relocation
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expenses as of February 1, 1977 , the amount authorized for Industrial
is not more than Four Hundred Eighty-five Thousand Seven Hundred
' Twenty-eight and 50/100 Dollars ($485,728. 50) ; and
� WHEREAS, through readvertisement and a commitment, in part,
for self-move of Industrial' s drums and its trailers, the aggregate
� cost of relocation attributable to the matters considered in the
� aforesaid authorization of October 19 , 1977, has been reduced, and
WHEREAS, the dispute as to the amount of relocation allowance
to which Industrial is entitled continues; and
WHEREAS, since July 31, 1978, Industrial has held over in
occupancy of the premises at 184 Eag1e Street with the permission
of Saint Paul; and
WHEREAS, it is required that certain substantial expenditures `•
be made in the event of use of the premises at 193 Pennsylvania
Street for the operation and continuance of Industrial ' s business;
and
� WHEREAS, Industrial' s claim for relocation allowance for
physical changes to 193 Pennsylvania Street under the Uniform
Relocation Act is l�imited to a total of One Hundred Thousand Dollars
($100, 000. 00) ; and
WHEREAS, Industrial has been reimbursed for such physical �
changes in the amount of Seventy-six Thousand Nine Hundred Fifty-
seven Dallars ($76,957. 00) , leaving an eligible amount of Twenty-
three �housand Forty-three Dollars ($23 ,043. 00) ; and
WHEREAS, Industrial has given notice to Saint Paul of its
: intention to exercise its option to purchase certain tighthead
' reconditioning line and openhead reconditioning line eguipment;
and
WHEREAS, Saint Paul disputes the extent of its obligation to
. sell machiner� and equipment under the option; and
WHEREAS, the Pollution Control Agency of the State of Minnesota
� and the Environmental Protection Agency of the United States of
Ameriea have alleged the operation of the facilities at 184 Eagle
Street by Industrial Steel Container Company or predecessor occu-
pants have violated and have continued to violate local, state and
, _ . ,_. .,... ,. .. . _,._.__.
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federal environmental laws and regulations with regard to air,
� water and soil contamination and Industrial Steel Container
- Company has denied that there have occurred any such violations
, by it, and such disputes have been resolved by stipulation between
� the Minnesota PCA and Industrial; and .
: WHEREAS, the City of Saint Paul or the Housing and Redevelop-
ment Autharity of the City of Sain� Paul have never conducted �
business or occupied the aforesaid premises except as owner and
landlord; and
WHEREAS, to the present knowledge of the parties hereto
any violation of environmental laws and regulations relating ta
the aforesaid premises has not been caused by the City of Saint �,
Pau.l or the Housing and Redevelopment Authority of the City of
Saint Paul or Industrial except as may be provided in the afore-
said stipulation between Industrial and the Minnesota PCA; and
. WHER�AS, The City of Saint Paul and Industrial desire to
resolve, settle and compromise the various disputes existing
between the parties, and thereby, assure the continued operation
of Industrial as an employer and provide fair and reasonable terms
for its continued occupancy of the aforesaid premises and the
- orderly, efficient and fairly compensated relocation of Industrial
. to its replacement facility.
NOW, THEREFORE, in consideration of the premises anc� for
other good and valuable consideration, the undersigned parties
: hereto stipulate and agree as follows:
, � 1. Ind�strial shall be permitted to hold over and continue
in occupancy of the premises until and in accordance with, under
� and subject to the terms of the existing lease, but amended as
� provided in the lease extension to be executed by Saint Paul and
� Industrial in the form attached hereto and incorporated herein
' by referen�e as Exhibit A.
. 2. Saint Paul shall set over, transfer, assign and deliver
to Industrial certain specific machinery and related equipment
forming part of the tighthead reconditioning line and openhead
reconditioning line heretofore operated by Industrial in accordance
� _5-
with and under the terms of the Bill of Sale attached hereto and
incorporated herein by reference as Exhibit B, and, unless abandoned
: by Industrial, all such machinery and related equipment acquired _
by Industrial under said Bill of 5ale shall be remaved and relo-
cated by Industrial from its present premises at the sole expense,
risk and responsibility of Industrial, without any obligation of
Saint Paul or any other governmental agency for the payment of
relocation allowance to Industrial by reason of said removal and
relocation of said specific machinery and related equipment
� listed in Exhibit B, and in consideration of the setting over,
transfer, assignment and delivery to it of the r�achinery and
related �guipment set forth in Exhibit B and the extension of the
lease in the form attached hereto without rental for the period ��
November 1, 1978 through the end of the extended term provided
in said Lease Extension, Industrial shall and does hezeby release,
abandon and relinquish to Saint Paul its right to purchase the
balance of the machinery and equipment subject to the aforesaid
purchase option, being those items subject to the option which are
not listed in Exhibit B hereto and its claims for relocation allowance
othe� than specifically provided to be paid herein and under Exhil�it
_ C, including release of such claims, with respect to the specific
� machinery and related equipment acquired by it listed in E�Y�ibit B.
_ 3 . Saint Paul shall pay to Industrial relocation allowance
upon the displacement of Industrial from its present facilities
� at 180-188 Eagle Street and 192 Chestnut heretofore acquired by
' Saint Paul, with such relocation allowance to be determined, and
. paid in accordance with Exhibit C attached hereto and incorporated
- herein by reference.
� 4. Subject to the terms and conditions of the stipulation
� between Industrial and the Minnesota PCA, as the same may be
> amended from time to time and to the extent therein provided,
Industrial agrees that it shall abide by all federal, state and
local laws, ordinances and regulations in its continuing occupancy
� � hereafter of and conduct of manufacturing and reconditioning
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operations of Industrial at its present facility. Industrial
further agrees that all openhead drum manufacturing operations
at its present facilities shall be terminated on or before June 30,
1979, that all other manufacturing operations (other than drum
storage and storage of equipment) at its present facilities shall
be terminated on or before September 1, 1979, that drum storage
at its present Eagle Street and Chestnut Street facilities shall ~
be terminated on or before the latter of September l, 1979 or '
sixty (60) days after final approval by the Ci.ty of a site plan
of the Pennsylvania Avenue relocation site; and that on or before
,
September 1, 1979, or if the term is further extended or the City �
consents to Industrial holding over beyond 5eptember 1, 1979, as
herein provided, then on or before the last date of such extensibn ,
ar permitted holding over Industrial shall have completed the removal
or relocation of all other equipment and personal property being
moved or relocated by it from the aforesaid Eagle and Chestnut
Street locations, or said equipment and persor�al property shall be
deemed abandoned. �It is further agreed that the aforesaid dates
and periods shall be extended in each instance for additional periods
equal to the number of days by which completion of Industrial 's reloca-
tion and removal of its property is delayed by reason of causes beyond
� the control of Industrial, such as strike, flood, embargo and the like,
. but that in any event Industrial ' s occupancy of the Eagle and Chest-
nut Street premises sha11 cease on November 1, 1979, as provided in
the Third Addendum to Lease, unlessfurther extended by consent of
_ the City. If cause exists for extension of occupancy beyond
September l, 1979, Industrial on or before August 15, 1979 shall
notify City of such grounds in writing and provide such evidence as
then may be available, in .support thereof, or if such grounds arise
� after August 15, 1979 , Industrial shall immediately nQtify the City.
5. Saint Paul etipulates and agrees tha� the relocation of
• Industrial from the premises upon which its business has been
conducted and located heretofore may proceed upon a staggered
or phased basis to allow for efficient movement of its property
while permitting its continued operation in the interim. Saint
Paul agrees that notice of relocation entitling Industrial to
relocation allowance as provided in Exhibit C, has been properly,
_�_
duly and timely given by Industrial to entitle Industrial to
relocation allowances as hereinbefore stated under the laws and
regulations applying thereto, except as is limited in this Agree-
ment. Notwithstanding this paragraph, occupancy of the premises
by Industrial shall be governed by the Lease and Lease Extension
attached hereto and incorporated herein as Exhibit A.
6. Industrial agrees that on or before May 15, 1979 , it "__ •
shall submit to the Department of Community Services, Division qf `
Housing and Code Enforcement, and to the City Planning Department
� copies of the proposed site plan for the relocation premises at
Pennsylvania Avenue for review by the City in a�cordance with ��
the afaresaid stipulation between the Minnesota PCA and Industrial,
and the City agrees that if it has not approved or disapproved of
',
: the site plan within forty five (45) days of the date of such
submission and a written report thereof given to Industrial, said
. site plan shall be deemed approved.
7. Industrial agrees that all drums located upon the so- �
- called "High Bridge" storage yard shall be relocated therefrom
to Industrial' s new facilities prior to September 1, I980, and
if any drums remain and have not been relocated prior to such date,
those drums shall thereafter be relocated at the sole expense of
. Industrial without relocation allowance being paid therefor.
- 8. It is further agreed that on the earlier of September I.,
1979 or the second Monday following the first day the new storage
yard at Pennsylvania Avenue is ready for the storage of drums,
_ an inventory sha11 be taken of all drums not yet relocated and
� such inventory shall fix the maximum number of drums thereafter
moved or relacated which shall be eligible for payment of relocation
in addition to the relocation allowance due for drums theretofore
, , moved or relocated. Industrial shall notify the City in writing at
least five (5) days prior to the date upon which it is intended that
- such inventory shall be taken. Industrial also agrees that it shall
notify the City of the date upon which it is intended that the self-
move of drums shall commence. Industrial agrees that notwithstanding
� any other provision contained in this Agreement, it shall remove
from the aforesaid premises all drums and not abandon any drums.
_ . __ _._.._. _. . __._-__
�, . ,
. � ti
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9. Saint Paul and Tndustrial each hereby stipulates and
• agree that upon performance and fulfillment by the other of al1
its obligations hereunder and under the Exhibits attached hereto
and incorporated herein by reference, the other shall forever and
absolutely be released and discharged of any further liability
or obligation relating to Industrial ' s claims for relocation '
assistance under provisions of the Uniform Relocation Act and HIID
guidelines for business relocation, including but not limited to
claims for relocation expenses attributable to equipment subject
,
to the purchase option dated August 19 , 1974, and further relating
to obligations for rental for the aforesaid premises�. �
� 10. Each of the parties hereto hereby represents and warrants�
that this Agreement has been duly authorized and approved by
the governing body of each and duly executed by its respective
officers as may be required by law.
IN WITNESS WHEREOF, the parties have hereunto set their
hands as of the day and year first above written.
Approved as to form: CITY OF SAINT PAUL
CITY ATTORNEY OF SAINT PAUL By
� By By
HOUSING AND REDEVELOPMENT AUTHORITY �
OF THE CITY OF SAINT PAUL, MINNESOTA
By
: By �
� � INDUSTRIAL STEEL CONTAINER COMPANY
By '
BY
�. . , ...._ _, _ _.
__, :_ .: _. _._--. __
� , e
EXHIBIT A
� THIRD ADDENDUM TO LEASE
THIS ADDENDUM entered into this day of ,
� 1979, by and between the
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA ,
(hereinafter "HRA")
and
INDUSTRIAL STEEL CONTAINER COMPANY,
a corporation incorporated under �'
the laws of the State of Minnesota,
(hereinafter "Industrial")
and �
CITY OF SAINT PAUL, MTNNESOTA,
(hereinafter "City")
WHEREAS, the HRA and Industrial entered into a �,ease on
Aug•ust 19, 1974 , for the premises known as Minn. A-1-6, Parcel
Nas. 50-1 and 51-1, having street address of 184 Eagle Street,
Saint Paul, Minnesota; and �
WHEREAS, the term of said Lease was extended by Addendum
entered into on April 15, 1975, to provide the lease term, as
. extended, would expire on February 1, 1977; and
WHEREAS, the term of said Lease was extended by a Second
Addendum entered into on June 7, 1976 , to provide that the lease
term, as extended, would expire on July 31, 1978; �nd
. WHEREAS, Industrial has held over under the aforementioned
- Lease and extensions thereto; and
� WHEREAS, Industrial has needed and continues to need more
time to relocate its business; and
WHEREAS, the City' s need for the land is not immediate.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS: �
. l. The original leasehold term as extended, defined as
expiring on the 31st day of July, 1978 , inclusive, is now hereby
� ext�nded so that it shall expire on the lst day of S�ptember, 1979,
�
�r -
except that said term shall further be extended from and after
said last date, good cause �hen existing, for an additional period
equal to the number of days by which the removal and relocation
of Industrial from such premises is delayed by reason of causes
beyond the control of Industrial, such as strike, flood, embargo
and th� like, but in no event shall the term of occupancy of the
premises by Industrial extend beyond November 1, 1979, without �
the express consent of the City. If cause exists for extension
of occupancy beyond September 1, 1979, Industrial on or before
August 15, 1979, shall notify City of such grounds in writing and
provide such evidence as then may be availabie in support thereof ;
or if such grounds arise after August 15, 1979 , Industrial shall
imrnediately notify the City.
2 . Industrial agrees that it shall give not less than ten
(10) days prior written notice to the City of the date of Industrial's
� intended termination of occupancy of the demised premises, and until
the date of said termination of occupancy noticeo�to the City,
Industrial shall continue to fulfill its obligations as Tenant.
3. Rental for the period of November 1, 1978, to the date
of this Agreement in the amount of Three Thousand Three Hundred
and Thirty Three Dollars and thirty-seven cents ($3, 333 . 37) per
' month is hereby waived. There shall be no rental payable by
Industrial during the term of this extension. In the event of
� holding over beyond November 1, 1979, whereby Industrial continues
to occupy the premises subject to the leasehold, Industrial shall
- pay rent for each day of holding over computed at the rate of Ten
Thousand Dollars ($10, 000. 00) per month. Occupancy shall include
drum storage whether the drums are owned, leased or possessed by
Industrial.
4. Industrial agrees that the Department of Public Works of
the City or its agents, at City' s sole expense, may enter the
premises for the purpose of conducting soil test borings and
inspection of screening equipment designed to remove solids in
�aaste water streams that are discharged to the Saint Paul Sani.tary
� Sewer System.
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l
a • •
5. All provisions of the Lease of August 19 , 1974 , and
extensions thereto, relating to �elocation allowances and purchase
� options to Industrial by the City are hereby superseded by agree-
ment of the parties and terminated upon fulfillment of each of
the parties hereto of their obligations under the Agreement
settling such matters of even date herewith.
6. Except as otherwise modified by this Third Addendum to
Lease and the Agreement of even date herewith between the parties •
settling various matters, all other terms, provisions, and conditions
of the Lease of August 19, 1974, and extensions thereto, shall
,
remain in force and binding upon the parties, except that Article
8 of the Lease is hereby stricken and the first sentence of
Article 4 of the Lease is amended insofar as may be required to �,
be consistent with the Stipulation between Industrial and the
Minnesota Pollution Control Agency, dated March 16, 1979, as may
be amended, and, further, that the last sentence of paragraph 4
is amended to exclude from its provision personal property and
structural improvements situated on the premises.
IN WITNESS WHEREOF, the parties have hereunto set their .
hands as of the first day written above.
In the Presence of: HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA
By
By �
In the Presence of: INDUSTRIAL STEEL CONTAINER COMPANY
By �
By
In the Presence of: CITY OF SAINT PAUL, MINNESOTA
By
By
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����� �
BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS : That the City of Saint
Paul (a municipal corporation organized under the laws of the
State of Minnesota) and the Housing and Redevelopment Authority
of the City of Saint Paul, parties of the first part, in consid-
eration of the sum of One Dollar and other good and valuable
consideration, the receipt whereof is hereby acknowledged, does
hereby Grant, Bargain, Sell and Convey unto Industrial Steel
Container Company, a Minnesota corporation, of the County of
Ramsey and State of Minnesota, party of the second part, its
successors and assigns, forever, the following described Goods,
Chattels and Personal Property, to wit:
Al1 equipment, tools and property described in Exhibit
B attached hereto and incorporated herein by reference,
including all lines, connections, switches and other
like property appurtenant thereto.
SECOND PARTY ACCEPTS THE AFORESAID PROPERTY "AS IS" WITHOUT
ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, BY FIRST PARTY AS TO
THE CONDITION THEREOF OR ITS FITNESS FOR ANY PURPOSE WHATSOEVER.
To Have and to Hold the Same, Unto the said party of the
second part, its executors, administrators and assigns, Forever.
And the said party of the first part, for itself, and its
successors or assigns, covenants and agrees to and with the said
party of the second part, its successors and assigns, to warrant
and defend the title and sale of said Goods, Chattels and Personal
Property, unto the said party of the second part, its successors
and assigns, against all and every person and persons whomsoever,
lawfully claiming or to claim the same, except persons claiming
under or through party of the second part.
In Testimony Whereof, the said City of Saint Paul and
Housing and Redevelopment Authority of the City of Saint Paul
have caused these presents to be executed in its corporation
name by its officers duly authorized this day of ,
1979.
WITNESS: CITY OF SAINT PAUL
By
By
APPROVED AS TO FORM: HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA
City Attorney of the City
of Saint Paul By
By BY
;
�
I
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. .
EXHIBIT B
(Item nos. refer to HRA Equipment Inventory
heretofore prepared with all replacements,
substitutions and repairs thereto included.)
Item
� No. Description
16 Drum test unit
17 Drum washer � .
31 Double end chimer (50)
33 Imersion tester .
34 Gas drying oven ,
� 38 Burdett oven �
41 Richmond Chimer .
43 Imersion tester
45 Gas drying oven
� 48 Burdette oven
4g Upender '
50 Vertical flanger (50) -
�1 Vertical flanger (30)
53 Drum expander
55 Re�y straigh�ener
56 Caustic wash w/pumps
� 60 • Openhead lacquer line
63 Burdett oven
� 70 Serley Magra heading mach.
75 15 gal . drum dedenter
76 Richmond drum dedenter
� 77 Richmond drum dedenter
- 78 Chimer (14 drum) s/b tumbler
80 Wheelabrator w/table
g� Dust collector for #80
�gg Wheelabrator for drums
3a3 Chi:^er �`.rd 1 i c' r�l l er
389 Chimer and lid roller �
390 Chimer and lid roller
391 Vickers pump
392 Buttler drum expander
457 Drum chimer
;�g Rotary cao washer
485 Richmond lid straightner
494 Tester
511 Wheelabrator wheel assembly .
526 Bung wasner conveyor :
431 Caustic storage tank � .
440 Transformer
441 Allis Chalmers transformer
442 Allis Chalmers transformer �
4�3 Sorgel transformer � -:
490 Vacuum syatem
• 491 Drum flusher
492 Vacuum unit W/#491 37 Upender at furnace _
493 3 flush rinser 185 Ingersol ai�r compressor
502 Clock & timer 186 Air tank -
478 Gas drum burner 187 Gardner Denver air
479 Gas lid burner compressor
52� O.H. burner power ¢onveycr
i _ --- _ __ - - --- _--__ _�_ _,_.
_-- - - — _- -
� -- ----
_. : ._. _ _ , . ..�__
_:-_ . .: - - . . .._-- - - ___ _ --_ . _ __ __ -- �
_ � . - _. _ _ _
_ __ __ . , - - --__
� -- _ _. - - . _ .
_ - .. . -;, . _ �:>,� �
��
. -- -� - - - - - --- ._ _ . _ - - _ �_
_ . _ _. . � . . . .:z,
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EXHIBIT C
The parties hereto agree and stipulate that in consideration
for the mutual promises and covenants contained in this Agreement
and the Exhibits attached thereto, that the City shall pay, and
Industrial shall accept, in full and complete settlement of all
� claims, damages, costs, and expenses whatsoever arising out of or
" resulting from the claims for relocation allowance of Industrial
from the premises known as 180-188 Eagle Street and 192 Chestnut
_ Street, to the anticipated relocation sa,te at 193 Pennsylvania
Avenue, Saint Paul, or such other site hereafter selected ancl con- , .
sented to by the City, which consent shall not be unreasonably
withheld, the following sums:
;
Transportation:
l. Moving of machinery, inventory, equipment,
stock, and other personal property as
listed in moving specification dated
Septe�ber 11, 1978 . . . . . . . . . . . . . . . $20,410. 00
2. Moving 77 trailers (self-move) . . . . . . . . . $ 1,000.00
3. �Ioving drums (self-move) . . . . . . . . . . . . . . $ 1. 02 per
- drum with maximum
reimbursable to
73,000 drums
The above amounts include insurance, packing,
� unpacking, dismantling, reassembly and super-
visory costs.
Disconnection and Reconnection of Equipment:
l. Electrical . . . . . . . . . . . . . . . . . . . . $32,200. 40 .
- 2. Additional electrical for special
; reconnection charges . . . . . . . . . . . . . . . .Time and material
basis not to
• exceed $8 ,Q00. 00
3. Plumbing . . . . . . . . . . . . . . . . . . . . . $25,590 . OU
: Physical Changes: . . . . . . . . . . . . . . . . . . . $76�957 . 00 (alread�
paid)
� Remaining eligible amount . . . . . . . . . . . . . . . $23,043 . 00
Stationery:
l. Business cards; Letterhead ancl
- Envelopes; Invoice Forms . . . . . . . . . . . . . .$ 2,228 .00
2 . Checks . . . . . . . . . . . . . . . . . . . . . . . $ 250 .00
Professional Services :
I. Engineering Services - Electrical and
Mechanical Layouts . . . . . . . . . . . . . . . . $10, 000.00 (al-
ready paid)
2. Pollution Engineering Services (Wapora &
� St. Croix Research) . . . . . . . . . . . . . . . . $15,722. 04
. 3. Sunde Land Surveying . . . . . . . . . . . . . . . .$ 874 .50
. 4. Engineering Services (Toltz, King, DuVall - �
& Anderson) . . . . . . . . . . . . . . . . . . . . $ 2, 500.00
5. Attorneys Fees . . . . . . . . . . . . . . . . . . .$ 2 ,000.00
Permits and Licenses:
,
1. Sewer Connection Charges . . . . . . . . . . . . . .Actual Expense
as Determined
2. License and Permit Fees . . . . . . . . . . . . . . Actual Expense
(Limited to the actual license or permit as Determined
. fees charged by each public authority �
� involved)
Miscellaneous Costs:
l. Telephone Reconnection . . . . . . . . . . . . . $ 794 .50
� 2. Search Expense . . . . . . . . . . . . . . . . . . $ 500.00
3. Caustic Soda Relocation . . . . . . . . . . . . . $ 800.00
4 . Fuel Oil Relocation . . . . �'. . . . . . . . . . . . $ 760. 00
Damaged or Lost Property: . . . . . . . . . . . . . . . All items covered
by insurance,
� ISSCCO assumes
� risk of self-move.
It is understood and agreed that the aggregate of the above
sums, including those as to which the actual expense is yet to be
- determined under the Permits and Licenses section listed above,
constitute the maximum relocation allowance payment for which the
City of Saint Paul is or may be liable to Industrial Steel Container
� Company, its agents, administrators, or assigns, for the relocation
� of Industrial Steel Container Company. No clai.m for direct loss
shall be made except by reason of changed circumstances occurring
� after the date of this Agreement, and any payment for direct loss
shall be in substitution for rather than in addition to the specific
� relocation allowance herein provided for the same items.
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. _ s -
It is further understood that no relocation payment shall be
made to Industrial without documentation to the City in conformance
with 24 CFR �42. 65 (e) , including certification of the number of -
drums and trailers self-moved.
In the event relocation costs� are incurred by Industrial that
are not subject to reimbursement under current regulations ot the ,
Uniform Relocation Act and if those regulations are modified between
the date of this Agreement and the date of completian of the move,
or if there occur expenses which at the date hereof are unanticipated
or erroneously determined not to be subject to relocation all�wance,
then to the extent that sums allowed under Exhibit C have not been
fully expe.nded, as itemized, any amount remaining may be applied
to the aforesaid additional relocation expense that may be eligible
for reimbursement at the time of move. This paragraph, howeve�,
' does not alter, expand or modify the maximum aggregate agreed-upon
reimbursement to Industrial by the City of Saint Paul under this
. Exhibit for relocation allowance and does not apply to any unexpended
sum for the relocation of drum inventory.
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