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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 ' -2- 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 -3- 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 , _ . ,_. .,... ,. .. . _,._.__. -4- 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 -6- 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 �8� 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. -2- 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 -3- ����� � 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 ! -2- . . 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, � ._ ,_ _ _ ,�=- _ . _.. _ � �-��:�_� . _ ._y . __ ., :..�..�.,. . - ��yj�����'� 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. -2- . _ 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. -3- ___��..a.��. ,.:�..-.,�:;..