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1983-26 CRA
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1983-26 CRA
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Last modified
1/3/2012 12:22:22 PM
Creation date
3/8/2005 10:52:58 AM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1983-26
Date
8/16/1983
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<br />. <br /> <br />. <br /> <br />. <br /> <br />RESOLUTION NO. 83-26 <br />PAGE TWO <br /> <br />2. The factual and legal basis upon which said denial is <br />based is as follows: <br /> <br />a. The factual background to the relocation upon <br />which said claim is based is truly and accurately represented in <br />the remarks of the Assistant Director of Redevelopment & Real <br />Estate to the Community Redevelopment Commission as reported in <br />the minutes of the July 5, 1983 meeting of said Commission, <br />incorporated herein by reference. <br /> <br />b. In the time preceding and during the <br />rehabilitation work on the Grand Central Building, leading up to <br />and including the letter agreement of February 18, 1981, Mr. <br />William Greenberg represented himself to Agency staff as speaking <br />on behalf of Green's Furniture, Inc. Agency staff acted <br />reasonably in assuming Mr. William Greenberg had such authority. <br />At the time it was negotiated, the letter agreement of February <br />18,1981, was understood by Agency staff and Mr. William <br />Greenberg to extend to all business operations conducted by Mr. <br />and Mrs. William Greenberg in that portion of the Grand Central <br />Building leased by Green's Furniture Store, Inc. That letter <br />agreement reflected Mr. William Greenberg's own estimate of the <br />expenses he and his wife would incur, either directly or through <br />their corporation, for such relocation of their businesses, or <br />portions thereof, as was necessitated by the rehabilitation of <br />the Grand Central Building. It was accepted by Agency staff, in <br />lieu of an estimate of such expenses by an independent source, in <br />order to accommodate Mr. and Mrs. William Greenberg in their <br />desire to proceed quickly with a staggered self-move out of the <br />Grand Central Building to minimize adverse impacts on their <br />business operations. The letter agreement represents a valid <br />contract through which Green's Furniture, Inc. received <br />substantial consideration in return for its promise to limit its <br />claim for relocation assistance payments. Green's Furniture, <br />Inc. has, therefore, legally waived its right to claim such <br />payments in excess of the amounts stipulated in the letter <br />agreement. <br /> <br />c. As a separate and independent basis, the claim of <br />Green's Furniture, Inc. must de denied on the basis of <br />insufficient substantiation of the items and amounts claimed as <br />relocation costs and expenses. The claim of Green's Furniture, <br />Inc. fails to provide any detailed explanation of the items for <br />which claims are made, or the necessity of incurring costs and <br />expenses with respect thereto, or the amounts of the costs and <br />expenses alleged. The amounts claimed are unsupported by any <br />independent documentation in the nature of bids, estimates, <br />appraisals, receipts, or statemènts of disinterested third <br /> <br />A-ÎJ <br /> <br />6A <br />
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