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<br />, <br />~ . . .... 4 <br /> <br />... <br />. <br /> <br />AGREEMENT IN MEDIATION <br />October ~, 1991 <br /> <br />The parties to this agreement are The City of Roseville ("City") <br />and A Plus Industries, Inc. ("A Plus"). <br /> <br />Background <br /> <br />A Plus operates a facility at 1~30 .West County Road C in <br />Roseville ("the Site") that has become the subject of <br />controversy. Residents have complained of noise and vibration; <br />and City has commenced legal proceedings, claiming that the <br />activities of A Plus are not permitted under the zoning <br />ordinance~ The parties have subm~tted the dispute to mediation, <br />and a number of meetings with the mediat~r and concerned <br />residents have been held in an attempt to work out a resolution <br />of the dispute. It now appears that a workable solution is <br />possible, and all parties are willing to cooperate to bring it <br />about. <br /> <br />Agreement <br /> <br />1. A Plus intends to reorganize its operations to remove from <br />its Roseville facility those operations making use of the <br />equipment listed in Exhibit A and will move to the Site its Elk <br />River welding operation and its Fridley warehouse. It will <br />remove from the Site the equipment listed on Exhibit A on or <br />before August 30, 1993, and will use the Site for the following <br />departments: office, warehouse, assembly, hardware, arc welding <br />and spot welding. A powder paint line may be added. All uses of <br />the premises will comply with all applicable laws, regulations <br />and ordinances. <br /> <br />2. City wishes to retain A Plus as a source of employment and to <br />permit and encourage future expansion in Roseville, and A Plus <br />estimates the if the changes set forth in paragraph 1 of this <br />agreement could be immediately implemented, employment at the <br />Site would increase to 74 from the 66 employed at the Site on <br />July 22, 1991, the date of A Plus's letter to the City and its <br />commitment to increase employment in Roseville. Therefore, City <br />will lend $300,000 to A Plus to enable it to move its equipment <br />and to remodel the Site. The loan will be secured by a second <br />mortgage on the Site, subject only to a first mortgage of not <br />more than $10,000, and will be disbursed to A Plus as follows: <br />$100,000 within 30 days after documentation of the removal from <br />the Site of any item of the equipment listed on Exhibit A; <br />$100,000 within 30 days after removal of 50% of such equipment; <br />and $100,OOO'within 30 days after the removal of all such <br />equipment. The loan will bear interest at 5 percent per annum <br />and will be repaid in equal monthly installments of $1,610.47, <br />each such payment to be applied first to interest and the balance <br /> <br />1 <br />