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04-13-11 Additions
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4/15/2011 11:23:48 AM
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FINAL RELOCATION CLAIM <br />AGREEMENT <br />This is the Final Relocation Claim Agreement between the City of Little Canada <br />( "City ") and IBC Sales Corporation ( "IBC ") and is made as of the day of <br />, 2011 by and between the City and IBC. <br />RECITALS <br />WHEREAS, the City needed to acquire the property located at 2404 Rice Street, <br />in the City of Little Canada, which was owned by IBC. <br />WHEREAS, as a result of the City's need to acquire IBC's property, II3C was <br />deemed to be eligible for relocation benefits pursuant to the Uniform Relocation <br />Assistance and Real Property Acquisition Policies Act of 1970, as amended, 49 C.F.R 24 <br />and as adopted by the State of Minnesota via Minn. Stat. §117.52. <br />WHEREAS, as part of its relocation claim, IBC sought reimbursement for certain <br />moving expenses it incurred in the amount of $12,910.48. <br />WHEREAS, as part of its relocation claim, IBC also sought reimbursement for <br />the increased mileage expenses it was going to incur as a result of being displaced from <br />its property in Little Canada. When IBC first submitted this claim it sought to have these <br />expenses reimbursed as temporary storage expenses. <br />WHEREAS, the City informed IBC that its temporary storage expense claim was <br />denied because, pursuant to 49 C.F.R. 24.301(h)(11), costs for the "storage of personal <br />property on real property already owned or leased by the displaced person" is not an <br />eligible moving expense. However, the City also informed IBC that those expenses <br />could possibly be claimed under 49 C.F.R. 24.304(a)(6) as reestablishment expenses for <br />the estimated increased costs of operation during the first 2 years at the replacement site. <br />WHEREAS, the City went on to inform IBC that it could not approve the <br />increased mileage expenses as reestablishment expenses at that time because the decision <br />to use the Burnsville and New Hope locations as temporary sites was a business decision <br />dictated by the restructuring of IBC's corporate operations, not because the City displaced <br />its business. <br />WHEREAS, IBC informed the City that IBC was required to relocate the <br />operations at its Little Canada site to Burnsville and New Hope as a direct result of the <br />City's taking, and that IBC considered the mileage expenses as eligible reestablishment <br />expenses under 49 C.F.R. 24.304 (a)(6) and (7). <br />WHEREAS, the City informed IBC that even though these mileage expenses <br />were not a traditional reestablishment expense, it would consider them as eligible <br />reestablishment expenses if IBC would agree that the Burnsville and New Hope sites <br />
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