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55B - RESO BRISTOL ST PROJ PHASE 4
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55B - RESO BRISTOL ST PROJ PHASE 4
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5/3/2016 2:25:56 PM
Creation date
5/3/2016 2:20:49 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
55B
Date
5/3/2016
Destruction Year
2021
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Advertising the new business location, <br />The estimated increased costs of operation at the replacement site during the first two years, for <br />items such as <br />A) Lease or rental charges, <br />B) Personal or real property taxes, <br />C) Insurance premiums, and <br />D) Utility charges (excluding impact fees). <br />7. Other items that the City considers essential for the reestablishment of the business or farm. <br />OUTDOOR ADVERTISING SIGNS <br />Eligibility for this payment exist whether or not the business had a sign at the displacement property. <br />However, some sign expense is more properly assigned as a moving cost. A sign designated as personal <br />property at the displacement site is eligible to be moved and reinstalled as a moving expense. Signs that <br />can be re- lettered or otherwise modified due to the move can be claimed as a moving expense. Erection of <br />signs not eligible as a moving expense can generally be claimed as a reestablishment expense. <br />LOSS OF BUSINESS GOODWILL <br />As with any project of this magnitude some businesses are often more difficult to relocate than others due <br />to zoning and other regulatory and basic locational considerations. While certain problem areas have <br />already been identified and based upon experience are considered not insurmountable, consideration for <br />"Loss of Goodwill" may subsequently be an option pursued by some businesses. <br />In this regard, State law (California Code of Civil Procedure Section 1263.510) requires the owner to <br />establish the validity of all of the following: (1) The loss is caused by the taking of the property, (2) The loss <br />cannot reasonably be prevented by relocation of the business, or by taking steps and adopting procedures <br />that a reasonably prudent person would take to preserve the goodwill, and (3) the compensation for the <br />loss has not been included as a relocation payment or duplicate in compensation otherwise awarded to the <br />owner. <br />Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for <br />dependability, skill or quality and any other circumstances resulting in probable retention of old or <br />acquisition of patronage. If a claim for loss of goodwill is to be made it must be fled after displacement has <br />occurred allowing suffcient time to enable determination of loss, if any. <br />The process of claiming Loss of Goodwill, however, occurs outside the scope of relocation assistance. <br />Page 112 <br />RELOCATION PLAN <br />Bristol Street Phase 4 Project <br />
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