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1983-22 CRA
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1983-22 CRA
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Last modified
1/3/2012 12:22:22 PM
Creation date
3/8/2005 10:54:16 AM
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City Clerk
Doc Type
Resolution
Doc #
CRA 1983-22
Date
6/21/1983
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<br />RESOLUTION NO. 83-22 <br />PAGE FOUR <br /> <br />. <br /> <br />expenses. The declarations of William Greenberg and Sonia <br />Greenberg are not persuasive of the truth of the allegations <br />therein contained, both because they are inherently self- <br />serving statements, and because they failed to provide any <br />detailed explanation of the items for which claims are made, <br />or the necessity of incurring costs and expenses with <br />respect thereto, or the amounts of the costs and expenses <br />alleged. Apart from two receipts for electrical work (which <br />are related to the claimant solely by a general assertion in <br />the declaration of William Greenberg), the amounts claimed <br />are unsupported by any independent documentation in the <br />nature of bids, estimates, appraisals, receipts, or <br />statements of disinterested third parties. While such <br />document ion is not ordinarily required or available for <br />moving expenses in the case of a self-move, the Agency would <br />have been entitled to obtain independent bids or estimates <br />of moving expenses in lieu of such documentation (or an <br />agreed-upon estimate such as the February 18 letter <br />agreement) on which to base a determination of proper <br />relocation assistance payments. In this case, however, this <br />Agency was precluded from doing so by reason of Mr. and Mrs. <br />William Greenberg's failure (apart from the discussions <br />leading up to the February 18,1981 letter agreement) to <br />consult with Agency staff on the relocation of WKatie's <br />Children's Boutique.w As noted previously, neither Mr. <br />William Greenberg nor Mrs. William Greenberg ever <br />represented to the Agency that they were incurring moving <br />expenses with respect to their clothing business that were <br />not addressed or anticipated in the letter agreement until <br />this claim was filed, long after the move took place. <br />Agency staff were thereby deprived of the opportunity to <br />evaluate (or reevaluate) the actuality and reasonableness of <br />the moving expenses and related expenses of the clothing <br />business on the basis of either independently-derived or <br />agreed-upon estimates. If Mr. and Mrs. William Greenberg <br />did in fact incur moving and related expenses other than <br />those addressed in the letter agreement, they acted <br />unreasonably in failing to communicate with Agency staff in <br />a timely manner. Their present inability to provide any <br />meaningful substantiation for the amounts they now claim is <br />primarily their own responsibility. <br /> <br />. <br /> <br />. <br /> <br />d. As a separate and independent basis for denial of <br />that portion of the said claim pertaining to wLoss of <br />Personal Property,W the claimant failed to establish its <br />eligibility for payment for any actual loss of any items of <br />tangible personal property incurred as a result of the <br />claimant's move. The claimant made no good faith effort to <br />sell such property, nor did it transfer ownership of such <br /> <br />/J -.J./ <br /> <br />6A <br />
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