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75B - PH RELOCATION PLAN
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04/17/2018
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75B - PH RELOCATION PLAN
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4/12/2018 6:50:56 PM
Creation date
4/12/2018 6:43:37 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
75B
Date
4/17/2018
Destruction Year
2023
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To qualify for this payment, it must be determined that, a displaced business: <br />• Owns or rents personal property, which must be moved in connection with such <br />displacement and for which an expense would be incurred in such move; <br />• Is not operated at the displacement site solely for the purpose of renting the dwelling or <br />the site to others; <br />• Cannot be a part of a commercial enterprise having at least three other establishments <br />which are not being acquired by the City, and which is under the same ownership and <br />engaged in the same or similar business activities; <br />• Must not be able to relocate without substantial loss of patronage; and <br />• Contributed materially, as defined by the City, to the income of the displaced person <br />during the two taxable years prior to the displacement. <br />When a fixed payment would precede settlement of a claim for compensation for loss of goodwill <br />under the Eminent Domain Law, the City, before tendering payment, shall state in writing what <br />portion of the payment, if any, is considered to be compensation for loss of goodwill and shall <br />explain in writing that any payment made pursuant to Code of Civil Procedure, §1263.510 et seq. <br />(the Eminent Domain Law, Chapter 9, Article 6 —"Compensation for Loss of Goodwill') would be <br />reduced in the same amount. The portion considered to be compensation for loss of goodwill <br />shall not exceed the difference between the fixed payment made and an amount which <br />reasonably approximates the payments for which the displaced person otherwise would be <br />eligible to receive as outlined in Section IV.F.1, above. <br />G. General Information Regarding the Payment of Relocation Benefits <br />Claims and supporting documentation for relocation benefits must be filed with the City no later <br />than 18 months after: <br />• For tenants, the date of displacement; or <br />• For owners, the date of displacement or the date on which final payment for the <br />acquisition of real property is made, whichever is later. <br />The procedure for the preparation and filing of claims and the processing and delivery of <br />payments would be as follows: <br />t. Claimant(s) would provide all necessary documentation to substantiate eligibility for <br />assistance; <br />z. Relocation staff would review all necessary documentation including, but not limited to, <br />scopes -of -services, contractor bids, invoices, lease documents and escrow material before <br />reaching a determination as to which expenses are eligible for compensation; <br />3. Required claim forms would be prepared by relocation staff and presented to the claimant <br />for review. Signed claims and supporting documentation would be returned to relocation <br />staff and submitted to the City; <br />4. The City will review and approve claims for payment, or request additional information; <br />5. The City will issue benefit checks to claimants in the most secure, expeditious manner <br />possible; <br />zz <br />75B-32 <br />
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