HomeMy WebLinkAboutRES NO RA008-07
RESOLUTION NO. RA 0 08- 0 7
A RESOLUTION OF THE BAKERSFIELD REDEVELOPMENT
AGENCY APPROVING THE RELOCATION PLAN FOR THE
MILL CREEK SOUTH MIXED-USE PROJECT.
WHEREAS, the Southeast Bakersfield Redevelopment Project Plan was adopted
by the Bakersfield City Council in June, 1999; and
WHEREAS, one of the goals of the Southeast Bakersfield Redevelopment Plan
is to eliminate blight and encourage development in the Project Area; and
WHEREAS, the Bakersfield Redevelopment Agency ("Agency") is charged with
the responsibility for implementing the Southeast Bakersfield Redevelopment Plan; and
WHEREAS, as such, the Agency and developers are proposing developing a
housing project and commercial development in the Southeast Bakersfield
Redevelopment Project Area ("the Mill Creek South Mixed-Use Projecf'); and
WHEREAS, California law provides for the adoption of a relocation plan prior to
proceeding with any phase of a project which will result in the displacement of persons,
non-profit organizations or businesses; and
WHEREAS, to ensure that displaced businesses and non-profits will receive
appropriate relocation assistance and benefits, the Bakersfield Redevelopment Agency
has prepared a relocation plan for the "Mill Creek South Mixed Use Projecf').
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Redevelopment
Agency as follows:
1. The above recitals are true and correct.
2. The relocation plan attached hereto as Exhibit "A" is hereby approved to
be implemented should the Mill Creek South Mixed-Use Project be
approved and proceed.
AGENCY
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Bakersfield Redevelopment Agency at a regular meeting thereof held on
OCT 2 2 2007 , by the following vote:
~
~
ABSTAIN:
ABSENT:
.,/' / ././ ./"/
AGENCY MEMBER BENTLEY, COHEN, KOMAN, MISHOE, ORDIZ, PRINCE, TAKII
AGENCY MEMBER ~
AGENCY MEMBER ~
AGENCY MEMBER 0 v-cLi 2-
S~~h~
Redevelopment Agency
APPROVED:
FR RICK PRIN , CHAIRPERSON
AKERSFIELD REDEVELOPMENT AGENCY
APPROVED AS TO FORM:
VIRGINIA GENNARO
GENERAL COUNSEL
By:
l.-t.--
AGENCY
ORIGINAL
OCTOBER 2007
Relocation Plan for the Mill
Creek South Mixed-Use
Project
Bakersfield Redevelopment Agency
and
City of Bakersfield
Southeast Bakersfield Redevelopment Project Area
AGENCY
ORIGINAL
TABLE OF CONTENTS
INTRODUCTION... ............ ......... ......... .................... .......... ............................................ 2
PROJECTED DATE OF DiSPLACEMENT.................................................................... 2
ESTIMATED COST AND FUNDING FOR RELOCATION............................................. 2
ADMINISTRATIVE ORGANIZATION ............ ................ ....................................... ......... 3
ASSISTANCE TO BUSINESSES AND NON-PROFIT ORGANiZATIONS.................. ..4
VACATE NOTICES ........ ............ ......... ........... .... ........... ...................................... ......... .5
RELOCATION PAyMENTS......................................................................................... ..5
NON-RESIDENTIAL RELOCATION PAyMENTS.... ......... ...................................... ...... 5
FILING CLAIMS FOR RELOCATION PAYMENTS ....................................................... 7
ADVANCED PAYMENTS.. ........ ........ ............. ............... .............. ............ ..... ..... ............ 7
DOCUMENTING CLAIMS ......... ......... ............ .............. ............. .............. ...................... 7
G RIEV ANCE PROCEDURES....................................................................................... 8
TEMPORARY MOVES .......... ....... ........... ................. ............ ................................ ......... 8
EXHIBITS.... .............. ............ ....... .......... ............. ............ ................................... ........... 9
RELOCATION PAYMENTS - BUSINESSES, NONPROFIT ORGANIZATIONS AND
FARMS........ ........................................................................ ........................................ 10
PROJECT AREA MAP. ........ ........... .......... ................ .............. ....... ............................. 19
GENERAL INFORMATION NOTiCE........................................................................... 20
RELOCATION ASSISTANCE TO DISPLACED BUSiNESSES................................... 22
LETTER REGARDING AVAILlBILlTY OF RELOCATION PLAN................................. 29
AGENCY
ORIGINAL
INTRODUCTION
To carry out the goals and objectives of redevelopment, redevelopment agencies may
acquire, assemble, and dispose of property that may result in the displacement of
residents or businesses. In such instances, agencies must comply with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 that provides
a more equitable and just system for both displaced tenants and property owners. When
redevelopment agencies use federal funds, the California Relocation Assistance Act of
1970 provides that, in general, redevelopment agencies must adopt rules and
regulations that follow the Federal Act. However, if any provision of the State Act allows
relocation benefits or assistance not covered by or in excess of the Federal Act, the
State's provision shall apply. This Plan and method of relocation sets forth
implementation procedures for the fair, uniform and equitable treatment of persons
displaced from their businesses when agreements that could cause displacements or
acquisition occurs. It identifies the administrative requirements for conducting relocation
and sets forth relocation standards, occupancy standards, payments available and other
related provisions of relocation practices. All redevelopment projects undertaken by the
City of Bakersfield and the Bakersfield Redevelopment Agency are consistent with
policies approved by the City of Bakersfield, as well as with State and or Federal
guidelines, as appropriate.
The City of Bakersfield ("City") and the Bakersfield Redevelopment Agency ("Agency")
propose to assist in the development of the Mill Creek South Mixed Use Project by
assisting in assembling an area of approximately 10 acres of primarily commercial, and
light manufacturing/warehouse industrial type uses, containing no more than six
businesses. The project will be developed on property bounded by "a" Street on the
west, "s" Street on the east, California Avenue on the south and the Burlington Northern
& Santa Fe railroad tracks on the north. The project is planned in association with a
future public works improvement project to be located along the Kern Island Canal
between Golden State Avenue and California Avenue that will include a linear park and
scenic waterway.
PROJECTED DATE OF DISPLACEMENT
Acquisition of the proposed Mill Creek South Mixed-Use Project properties is expected
to start in either September or October 2007. The relocation period is expected to begin
in winter, 2007 through spring, 2008.
ESTIMATED COST AND FUNDING FOR RELOCATION
The estimated cost for relocation is unknown $1,150,000. The source of funds include
Bakersfield Redevelopment Agency Housing funds, City of Bakersfield, a Brownfields
Economic Development Initiative Grant, Section 108 HUD funds and Southeast
Bakersfield Redevelopment Tax Increment funds.
There are adequate funds to relocate all the businesses. Services will be provided to
ensure that displacement does not result in different or separate treatment based on
race, nationality, color, religion, national origin, sex, marital status, familial status
AGENCY
ORIGINAL
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disability or any other basis protected by the federal Fair Housing Amendments Act, the
Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh
Act, as well as any other arbitrary or unlawful discrimination.
ADMINISTRATIVE ORGANIZATION
1. Responsible Aaencv
The City and Agency are the local public agencies which are responsible for the
relocation of businesses and non-profits that are to be displaced by
redevelopment activities. The City and Agency will meet their responsibilities
through the use of a relocation consultant, and their staff, supplemented by
assistance from local realtors, social service agencies and civic organizations.
The City and Agency will coordinate their activities with those of other agencies
and bodies, as detailed in various sections of this Plan. Information will be made
available in English and Spanish if requested.
2. Staff
The City and Agency have staff and a Relocation Consultant that is responsible
for developing and administering the programs for "re-housing" all site occupants
who are required to move by redevelopment activities. The City and Agency
expect to assign staff members to the project. If necessary, additional staff will
be transferred to this Project. It will be the Relocation Consultant and field staff
who will assure the successful relocation of all businesses and non-profits.
3. Relocation Consultant
The role of the Relocation Consultant is to:
Implement all elements of business relocation, including, but not limited to:
personal, on-site interviews of prospective displaced businesses to ascertain
relocation needs; inform displaced businesses of relocation assistance services
and benefits and explain the relocation process; prepare and distribute all
required notices (notice to vacate, etc.); assist businesses in locating
replacement business sites and provide written referrals; provide on-going
assistance; prepare specifications for move and inventory of personal property
and furniture, fixtures, and equipment; coordinate move estimates; monitor actual
move and re-establishment activities; determine eligibility for and proposed
amount of relocation benefits, including actual and reasonable moving payments,
re-establishment payments and fixed payments. Prepare and submit all claim
forms; deliver benefit assistance; maintain documentation and provide status
reports.
The Relocation Consultant will also prepare an overall relocation program cost
estimate which identifies, in detail, the necessary funding to relocate qualified
businesses.
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AGENCY
ORIGINAL
4. Staff Functions
The role of City and Agency staff is to:
· Interpret the City's and Agency's program for all site occupants and the
general public, so as to enlist their understanding and support; and to
answer questions about the Project and its effect upon site occupants.
· Enlist the cooperation of real estate agents, property management firms,
social agencies, civic groups and others in locating suitable relocation
accommodations for displacees.
· Make referrals to community, social welfare and other appropriate
agencies, and work with these agencies on an individual basis to help in
the solution of specific problems affecting the relocation of businesses.
· Maintain liaison services among businesses, site occupants, and
commercial property brokers, realty boards, Chambers of Commerce, the
Small Business Administration, lending institutions and other appropriate
resources for advice and assistance in effecting their satisfactory
relocation.
· Assist the Relocation Consultant in preparing claims for relocation
payments and administer the program providing costs of moving, storage,
and/or direct loss of property; and, for those eligible therefor, provide
payments in lieu of moving expenses and direct property loss, and
reimbursements of other related charges.
· Coordinate relocation and community organization activities with all other
City and Agency operations.
· Maintain relocation records and prepare reports as required by the U.S.
Government, State of California and City of Bakersfield.
ASSISTANCE TO BUSINESSES AND NON-PROFIT ORGANIZATIONS
Displaced businesses, institutions and non-profit organizations will be personally
interviewed to determine their relocation needs and preferences, provided general and
special informational material, assisted in finding other locations within or outside the
project area, and referred to other groups or agencies for assistance in expediting their
satisfactory relocation, and assisted in preparing relocation claims.
As the situation dictates, the Relocation Consultant and staff will refer these site
occupants to and maintain liaison with the Small Business Administration, trade
associations, chambers of commerce, lending institutions, real estate agencies, and
multiple listing realty boards, in order that they may be assisted on a non-discriminatory
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AGENCY
ORIGINAL
basis in obtaining suitable relocation premises, financial help and guidance in re-
establishing their operations.
The Relocation Consultant and staff shall maintain current listings of both rental and
sales properties from which to assist displaced businesses in selecting relocation sites.
Advisory services and assistance will be provided to business concerns.
The local offices of the Small Business Administration and of the Economic
Development Administration will be informed of the Project activities and requested to
work with the City and Agency and businesses in extending their assistance.
Information about similar agencies will be available from the Relocation Consultant and
staff and referrals to them and to others who can assist business displaces.
V ACA TE NOTICES
After an offer to purchase the property is made by the Agency or City, or an agreement
is entered into that may cause displacement, the site occupants will be advised as to
tentative vacate schedules so that they may plan ahead and have sufficient time to
obtain relocation accommodations. Every effort will be made to secure the site
occupant's cooperation in relocation and payment of rent to the City or Agency. When a
specific vacate date is determined, the City or Agency will give at least a ninety (90) day
Notice to Vacate prior to the desired vacate date.
The City and Agency will undertake eviction proceedings only under the following
circumstances:
· Failure to pay rent.
· Maintenance of a nuisance or use of the premises for illegal purposes.
· A material breach of the rental agreement.
· Refusal to consider, without adequate reason, accommodations meeting
relocation standards.
· Situations permitting eviction under State or local law.
If eviction proceedings are necessary, every effort will be made to provide relocation
services prior to eviction.
RELOCATION PAYMENTS
The City and Agency will make relocation payments to all eligible businesses and non-
profits displaced by Project activities, in accordance with the regulations governing
relocation payments as established by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and the State of California Relocation
Assistance Law.
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AGENCY
ORIGINAL
NON-RESIDENTIAL RELOCATION PAYMENTS
1. Availabilitv
The City and Agency will pay for reasonable and necessary moving expenses,
storage costs and searching expenses for a replacement site. Also,
reimbursement for actual direct loss of personal property and substitute
equipment for which reimbursement or compensation is not otherwise made by
the City and Agency, or a combination of both.
Displaced businesses may be eligible, under certain circumstances, for a
payment to compensate in lieu of moving and related expenses.
2. Eliaibility Criteria
A business concern must give the City or Agency at least 30 days, but not more
than 90 days, written notice of its intention to move and must permit the City or
Agency, at all reasonable times, to inspect the personal property to be moved.
Claims for relocation payments must be supported by three (3) firm written bids
for moving expenses from reputable moving firms and to the extent required,
other contractors.
Reimbursement for transportation costs of a business concern that elects to
move beyond 50 miles from the project site, shall not exceed the cost to move
the business 50 miles unless the City or Agency determines the costs are
justified.
A business concern that opts to receive a fixed in-lieu payment, will be required
to submit proof of earnings to the City and Agency. Acceptable documentation
shall be income tax returns, financial statements and accounting records.
3. Payment Amounts
Eligible business concerns and institutions will also be given the option to claim:
. Actual and reasonable moving costs to include disconnects, packing,
insurance, storage, reconnects and unpacking;
. Actual direct loss of personal property will be based on the lesser of the
fair market value of the item or its cost to move;
. Substitute equipment of personal property will be limited to the lesser of
moving the item or the replacement cost of the new item;
. Costs incurred in searching for a replacement location for up to $1,000;
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AGENCY
ORIGINAL
· Reasonable cost of professional services as they relate to the move or
installation of the personal property;
· Physical changes necessary at the replacement site in connection with the
move and required for reinstallation of the personal property;
· Modifying (as necessary) fixtures and equipment to adopt to the
replacement site or to utilities;
· Licenses and permits as necessary at the replacement site;
· Self-moves without documentation will be limited to a low bid obtained by
the City and Agency.
Some business concerns may elect to receive, in lieu of above payments, a
payment equal to the average annual net earnings of the business. The amount
of this payment shall not be more than $20,000.
FILING CLAIMS FOR RELOCATION PAYMENTS
In order to obtain a relocation payment, the business will be required to submit a written
claim form as prescribed by the City and Agency.
By prearrangement between the Agency, the occupant and the mover, with such
arrangements confirmed in writing by the City and Agency, the City and Agency may
pay the mover directly.
All claims for relocation payments must be submitted to the City and Agency within
eighteen (18) months after the displacement of the claimant.
ADVANCED PAYMENTS
A displaced business may be paid their anticipated moving expenses in advance of the
actual move. The City and Agency will provide an advance payment whenever later
payment would result in financial hardship; with particular consideration to the financial
limitations and difficulties small business operations.
DOCUMENTING CLAIMS
A claim meeting the eligibility criteria of this Plan must be supported by the following:
· If for moving expenses, except in the case of a Fixed Payment, an
itemized, receipted bill or other evidence of such expense.
· If for actual direct loss of personal property or substitute equipment,
written evidence thereof which may include appraisals, copies of bills of
sale, receipts, canceled checks, copies of advertisements, offers to sell,
auction records and estimate of cost of move; and such other records a~
may be appropriate to support the claim. AGENCY
7 ORIGINAL
· Claims for search expenses shall include proof of expenses relative to
transportation, meals and lodging (away from home). In any case, such
documentation as may be required by the City and Agency which may
include income tax returns, withholding records or business statements
and proof of age.
GRIEVANCE PROCEDURES
The City and Agency have adopted and will maintain a grievance procedure
which fully complies with the intent of HUD and State grievance regulations, as
outlined in applicable governing laws.
Any person may appeal determinations on eligibility, amount of payments, failure
by the City and Agency or Relocation Consultant to provide comparable property
management practices. The displacee can request that his claim be reviewed by
someone other that the person who made the determination in question. The
City and Agency have established a Relocation Appeals Board to review cases
requiring further adjudication. Additionally, the displacee may seek judicial relief
from the courts.
Complainants are required to submit their presentation for review within eighteen
(18) months following the date they move from their property or the date they
receive final compensation whichever is later.
TEMPORARY MOVES
No temporary move shall be made by the City and Agency, unless such move is
necessary for the safety of the displacee and is in conformance with Federal,
State of California, City and Agency requirements.
No temporary off-site moves will be chargeable to a displacee's allowable
relocation payment.
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AGENCY
ORIGINAL
EXHIBITS
Exhibit A
Relocation Payments - Businesses, Nonprofit Organizations
and Farms
Exhibit B
Project Area Map
Exhibit C
General Information Notice
Exhibit D
Relocation Brochure
Exhibit E
Letter Regarding Availability of Relocation Plan
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AGENCY
ORIGINAL
EXHIBIT A
HUD - Directive Number: 1378.0
CHAPTER 4. RELOCATION PAYMENTS -- BUSINESSES, NONPROFIT ORGANIZATIONS
AND FARMS
4-1. PURPOSE OF CHAPTER.
This chapter describes the relocation payments that must be provided to displaced
businesses, nonprofit organizations and farm operations.
4-2. PAYMENT FOR ACTUAL REASONABLE MOVING AND RELATED EXPENSES (49
CFR 24.303).
a. Eligible Costs. Any business, nonprofit organization or farm operation that
qualifies as a displaced person (defined in Paragraph 1-8) is entitled to payment
for actual moving and related expenses, as the Agency determines to be
reasonable and necessary, including expenses for:
(1) Transportation of personal property. Transportation costs for a distance beyond
50 miles are not eligible, unless the Agency determines that relocation beyond 50
miles is justified.
(2) Packing, crating, uncrating and unpacking of the personal property.
(3) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated
machinery, equipment, and other personal property, and installing substitute
personal property (see Paragraph 4-2a (12)). This includes connection to utilities
available nearby. It also includes modifications to the personal property that are
necessary to adapt it to the replacement structure, the replacement site, or the
utilities at the replacement site, and modifications necessary to adapt the utilities
at the replacement site to the personal property. (Expenses for providing utilities
from the right-of-way to the building or improvement are covered under Paragraph
4-3b(4).)
(4) Storage of the personal property for a period not to exceed 12 months, unless
the Agency determines that a longer period is necessary.
(5) Insurance for the replacement value of the personal property in connection with
the move and necessary storage. (Whenever insurance is not obtained because
the agency determines that it is not available on reasonable terms, the Agency
shall pay for the replacement value of property lost, stolen, or damaged in the
move or storage through no fault of the displaced person.)
(6) Any license, permit, or certification required of the displaced person at the
replacement location. However, the payment may be based on the remaining
useful life of the existing license, permit, or certification.
(7) The replacement value of property lost, stolen, or damaged in the process of
moving (not through the fault or negligence of the displaced person, his or her
agent, or employee) where insurance covering such loss, theft, or damage is not
reasonably available.
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AGENCY
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(8) Professional services necessary for:
(a) Planning the move of the personal property,
(b) Moving the personal property, and
(c) Installing the relocated personal property at the replacement location.
(9) Re-Iettering signs and replacing stationery on hand at the time of displacement
that are made obsolete as a result of the move.
(10) Actual direct loss of tangible personal property incurred as a result of moving or
discontinuing the business, nonprofit organization or farm operation. The
payment shall be the lesser of:
(a) The market value of the item for continued use at the displacement site, less
the proceeds from its sale. (To be eligible for payment, the claimant must make
a good faith effort to sell the personal property, unless the Agency determines
that such effort is not necessary.) Payment for the loss of goods held for sale
shall not exceed the cost of the goods to the business, nonprofit organization or
farm; or
(b) The estimated cost of moving the item, but with no allowance for storage. (If
the business, nonprofit organization or farm operation is discontinued, the
estimated cost shall be based on a moving distance of 50 miles.)
(11) The reasonable cost incurred in attempting to sell an item that is not to be
relocated.
(12) Purchase of substitute personal property. If an item of personal property which is
used as part of a business, nonprofit organization or farm operation is not moved
but is promptly replaced with a substitute item that performs a comparable
function at the replacement site, the displaced person is entitled to payment of the
lesser of:
(a) The cost of the substitute item, including installation costs at the replacement
site, minus any proceeds from the sale or trade-in of the replaced item; or
(b) The estimated cost of moving and reinstalling the replaced item, but with no
allowance for storage.
(13) Searching for a replacement location. A displaced business, nonprofit
organization or farm operation is entitled to reimbursement for actual expenses,
not to exceed $1,000, as the Agency determines to be reasonable, which are
incurred in searching for a replacement location, including:
(a) Transportation.
(b) Meals and lodging away from home.
(c) Time spent searching, based on reasonable salary or earnings.
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(d) Fees paid to a real estate agent or broker to locate a replacement site.
However, fees or commissions related to the purchase of the site are not
eligible.
(e) The Agency may exceed the $1,000 ceiling for good cause. Prior HUD
approval is not required. The Agency's files must be documented
appropriately.
(14) Reestablishment expenses, as described in Paragraph 4-3, if the business,
nonprofit organization or farm qualifies as a "small business," as defined in
Paragraph 4-3a.
(15) Other moving-related expenses not listed as ineligible under Paragraph 4-4.
b. Notification and Inspection. The following requirements apply to payments under
this Paragraph 4-2.
(1) The Agency shall inform the person to be displaced, in writing, of the requirements
of Paragraphs 4-2b(2) and (3) as soon as feasible.
(2) The person to be displaced must provide the Agency reasonable advance written
notice of the approximate date of the start of the move or disposition of the
personal property and a list of the items to be moved. However, the Agency may
waive this notice requirement after documenting its file accordingly.
(3) The displaced person must permit the Agency to make reasonable and timely
inspections of the personal property at both the displacement and replacement
sites and to monitor the move.
c. Self-Moves. The Agency and person to, be displaced may find a "self-move," as
described in Paragraph 2-7a(2), to be mutually advantageous.
d. Transfer of Ownership. Upon request and in accordance with applicable law, the
claimant shall transfer to the Agency ownership of any personal property that has
not been moved, sold or traded in.
e. Advertising Signs. The amount of a payment for direct loss of an advertising sign
which is personal property shall be the lesserof:
(1) The depreciated reproduction cost of the sign, as determined by the Agency, less
the proceeds from its sale; or
(2) The estimated cost of moving the sign, but with no allowance for storage.
f. Optional Claim Form. A copy of form HUD-40055, "Claim for Actual Reasonable
Moving and Related Expenses -- Businesses, Nonprofit Organizations and
Farm Operations," is contained in Appendix 16. The form is optional; however, if
the form is not used, the equivalent documentation must be included in the
grantee's files.
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4-3. PAYMENT FOR REESTABLISHMENT EXPENSES (49 CFR 24.304).
a. Definition of "Small Business." For purposes of this Paragraph 4-3, a "small
business" is any business, nonprofit organization or farm having not more than
500 employees at the project site, except a business displaced from a site
occupied solely by outdoor advertising signs, displays, or devices.
b. Payment. In addition to the payment under Paragraph 4-2, a displaced "small
business" is entitled to receive a payment, not to exceed $10,000, for reasonable
and necessary expenses actually incurred in relocating and reestablishing
operations at a replacement site, including:
(1) Repairs or improvements to the replacement real property as required by Federal,
State or local law, code or ordinance.
(2) Modifications to the replacement property to accommodate the business operation
or make replacement structures suitable for conducting the business.
(3) Construction and installation of new exterior advertising sign(s).
(4) Provision of utilities from the right-of-way to improvements on the replacement
site.
(5) Redecoration or replacement of soiled or worn surfaces at the replacement site,
such as paint, paneling, or carpeting.
(6) Licenses, fees and permits that are not eligible under Paragraph 4-2a(6).
(7) Feasibility surveys, soil testing and marketing studies.
(8) Advertisement of the replacement location.
(9) Professional services and incidental expenses in connection with the purchase or
lease of a replacement property.
(10) Estimated increased costs of operation during the first 2 years at the replacement
site for such items as:
(a) Lease or rental charges,
(b) Personal or real property taxes,
(c) Insurance premiums, and
(d) Utility charges, excluding impact fees.
(11) Impact fees or one-time assessments for anticipated heavy utility usage.
(12) Other reestablishment expenses determined by the Agency to be essential to
reestablishment of the business, nonprofit organization or fan-n that are not listed
as ineligible in Paragraph 4-4.
c. Optional Claim Form. Section F of form HUD-40055, included in Appendix 16,
can be used to claim reestablishment expenses.
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4-4. MOVING AND REESTABLISHMENT EXPENSES THAT ARE NOT ELIGIBLE.
a. Reasonable and Necessary. A displaced person is eligible for payment of
moving, reestablishment and related expenses to the extent that the Agency
determines such expenses to be reasonable and necessary. The Agency may
limit reimbursement to the amount required to accomplish the objective of the
payment by the least costly method that does not cause undue hardship.
b. Generally Ineligible Expenses. The following expenses are ineligible under
Paragraph 4-2 or 4-3:
(1) Loss of goodwill; or
(2)Loss of profits; or
(3) Loss of trained employees; or
(4) Personal injury; or
(5) Interest on a loan to cover any costs of moving or reestablishment expenses; or
(6) Any legal fees or other cost for preparing a claim for a relocation payment or for
representing the claimant before the Agency; or
(7) The cost of moving any structure or other real property improvement in which the
displaced person reserved ownership. (This does not, however, preclude the
computation under Paragraph 3-3d(5)); or
(8) Costs for storage of personal property on real property already owned or leased
by the displaced person before the initiation of negotiations.
c. Limited Eligibility.
(1) The cost of physical changes to the real property is ineligible, except as provided
in Paragraph 4-2a(3) and Paragraph 4-3.
(2) The purchase of capital assets (e.g., office furniture, filing cabinets, machinery or
trade fixtures), manufacturing materials, production supplies or product inventory,
is ineligible, except as provided in Paragraph 4-2a.
(3) Interior or exterior refurbishments which are solely for aesthetic purposes are
ineligible, except as provided in Paragraph 4-3b(5).
4-5. FIXED PAYMENT (ALTERNATIVE ALLOWANCE) TO BUSINESS OR FARM.
a. Business (49 CFR 24.306(a)).
(1) Eligibility Conditions. A displaced business is eligible to choose a payment under
this Paragraph, as an alternative to the payments under Paragraphs 4-2 and 4-3,
if the Agency determines that:
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(a) The business either (i) discontinues operations, or (ii) it relocates but is
likely to incur a substantial loss of its existing patronage (measured in terms of
clientele or net earnings at the discretion of the Agency). A business is assumed
to meet this test unless the Agency determines that it will not suffer a substantial
loss of its existing patronage; and
(b) The business is not part of a commercial enterprise having more than
three other entities which are not being displaced by the Agency, and which are
under the same ownership and engaged in the same or similar business
activities; and
(c) The business contributed materially to the income of the displaced person
(see Paragraph 4-5c); and
(d) The business operation at the displacement property (either dwelling or
site) is not solely for the rental of that real property to another.
(2) Amount of Payment. The payment shall be equal to the average annual net
earnings of the business as determined in accordance with Paragraph 4-5d.
However, the payment shall not exceed $20,000 nor be less than $1,000.
(3) Determining the Number of Businesses. In determining whether two or more
displaced legal entities constitute a single business which is entitled to only one
fixed payment, all pertinent factors shall be considered, including the extent to
which:
(a) The same premises and equipment are shared;
(b) Substantially identical or interrelated business functions are carried out and
business and financial affairs are commingled;
(c) The entities are held out to the public, and to those customarily dealing with
them, as one business; and
(d) The same person or closely related persons own, control, or manage the
affairs of the entities.
b. Farm Operation (49 CFR 24.306(c)).
(1) Eligibility. Any displaced farm operation is eligible to choose a fixed payment, as
an alternative to the payment under Paragraph 4-2. In the case of a partial
acquisition of land which was a farm operation before the acquisition, the fixed
payment shall be made only if the Agency determines that:
(a) The acquisition of part of the land caused the operator to be displaced from
the farm operation on the remaining land; or
(b) The partial acquisition caused a substantial change in the nature of the farm
operation.
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(2) Amount of Payment. The payment shall be an amount, not to exceed $20,000,
nor less than $1,000, that is equal to the average annual net earnings of the farm
operation as determined under Paragraph 4-5d.
c. Contribute Materially. The term "contribute materially" means that during the 2
taxable years prior to the taxable year in which the displacement occurred, or
during such other period as the Agency determines to be more equitable, the
business or farm operation:
(1) Had average annual gross receipts of at least $5,000; or
(2) Had average annual net earnings of at least $1,000; or
(3) Contributed at least 33-1/3 percent of the owner's or operator's average annual
gross income from all sources.
If the Agency determines that the application of these criteria would cause an inequity
or hardship, it shall waive this criteria.
d. Determination of Average Annual Net Earnings of Business or Farm.
(1) General. The average annual net earnings of a business or farm operation are
one-half of its net earnings before Federal, State, and local income taxes during
the 2 taxable years immediately prior to the taxable year in which it was displaced.
If the business or farm was not in operation for the full 2 taxable years prior to
displacement, net earnings shall be based on the actual period of operation at the
displacement site projected to an annual rate. Average annual net earnings may
be based upon a different period of time when the Agency determines it to be
more equitable. Net earnings include any compensation obtained from the
business or farm operation by its owner, the owner's spouse, and dependents.
(2) Adjustments to Reported Income. To the extent that reported income/profit on tax
returns has been reduced by the inclusion of expenses not actually incurred in the
base period, the reported income/profit shall be adjusted by adding back such
expense (e.g., a loss carried over from a previous year or carried back from a later
year, or declared depreciation in excess of actual or straight-line depreciation). To
the extent that reported income/profit was inflated by receipts not earned during
the base period (e.g., refund of State or local income taxes or income included
under the tax benefit rule because a deduction taken in a previous year was
disallowed), the reported income/profit may be adjusted by subtracting such
amount.
(3) Documentation. The person shall furnish the Agency proof of net earnings
through income tax returns, certified financial statements, or other reasonable
evidence which the Agency determines is satisfactory.
e. Optional Claim Form. A copy of form HUD-40056, "Claim for Fixed Payment in
Lieu of Payment for Actual Moving and Related Expenses -- Businesses,
Nonprofit Organizations and Farm Operations," is contained in Appendix 17. The
form is optional; however, if the form is not used, equivalent documentation must
be included in the grantee's files.
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4-6. FIXED PAYMENT (ALTERNATIVE ALLOWANCE) FOR NONPROFIT ORGANIZATION
(49 CFR 24.306(d)).
a. Eligibility. A displaced nonprofit organization (defined in Paragraph 1-18) is
eligible to choose a fixed payment, as an alternative to a payment for actual
reasonable moving and related expenses under Paragraph 4-2, if it discontinues
operations, or it relocates but is likely to suffer a substantial loss of existing
patronage (measured by membership or clientele). A nonprofit organization is
assumed to meet this test unless the Agency demonstrates otherwise.
b. Determination of Payment.
(1) Amount of Payment. The payment shall be equal to the amount determined by
subtracting average annual administrative expenses from average annual gross
revenue; however, the payment shall not exceed $20,000, nor be less than
$1,000. The determination of average annual expenses and revenues shall be
based on the two most recent fiscal years. If not in operation for two full fiscal
years, the payment shall be based on a representative period of operation as
determined by the Agency.
(2) Gross Revenues include membership fees, class fees, cash donations, tithes,
receipts from sales or other forms of fund collection that enable the nonprofit
organization to operate.
(3) Administrative Expenses include rent, utilities, salaries of support staff, advertising
and fund-raising expenses. Operating expenses incurred in carrying out the
purpose of the nonprofit organization (e.g., salaries of staff providing services) are
not considered administrative expenses.
4-7. RELOCATION OF UTILITY FACILITY (SYSTEM) (49 CFR 24.307).
a. Definition of Utility Facility (System). The term "utility facility" means any electric,
gas, water, steam power, or materials transmission or distribution system; any
transportation system; any communications system, including cable television;
and any fixtures, equipment, or other property associated with the operation,
maintenance, or repair of any such system. A utility facility may be publicly,
privately, or cooperatively owned.
b. Amount of Payment.
(1) Under this Paragraph 4-7, the Agency may pay for the reasonable and necessary
extraordinary expenses incurred to functionally restore the disrupted utility service,
including expenses for:
(a) Removing and reinstalling the system, including the provision of temporary
facilities;
(b) Acquiring necessary right-of-way at the new location;
(c) Moving, rearranging or changing the type of existing facilities;
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(d) Constructing a replacement system that is functionally equivalent to the
existing system and necessary for the continued operation of the utility service,
the project economy, or the sequence of project construction; and
(e) Necessary safety and protective measures.
(2) The payment under this Paragraph 4-7 shall cover only those expenses that are
not routine or predictable; are not ordinarily budgeted as operating expenses; and
are not covered by an agreement under which the owner of the utility facility has
explicitly accepted responsibility for such expense.
(3) The payment under this Paragraph 4-7 shall be reduced by (a) the increase in the
value of the utility system resulting from the improvements paid for by the Agency,
and (b) the salvage value of the old system.
c. Payment Is at Agency Discretion. The URA does not require an Agency to pay
for the relocation of a utility facility (system). The Agency may, however, at its
discretion, elect to pay all or part of the extraordinary expenses incurred in the
relocation of a utility facility as described in this Paragraph 4-7.
d. Eligibility Conditions. To be eligible for a payment under this Paragraph 4-7, the
following criteria must be met:
(1) The utility facility (system) legally occupies State or local government property, or
property over which the State or local government has an easement or right-of-
way; and
(2) The utility facility's right of occupancy of the property exists pursuant to State law
or local ordinance specifically authorizing such use, or has been granted through
a franchise, use and occupancy permit, or other agreement; and
(3) Relocation of the utility facility is required by the project or program; and
(4)There is no Federal law, other than the URA, that establishes a policy requiring the
payment to be made; and
(5) The payment is permitted by State and local law.
e. Agreement with Owner. The Agency and the owner of the utility system must
reach prior agreement on the nature of the work to be performed, the costs
eligible for reimbursement by the Agency, the interim and permanent financing,
the tasks for which each is responsible and the method of accumulating costs
and making payment. In reaching the agreement, the practices described in the
Federal Highway Administration regulation, 23 CFR Part 645, Subpart A, Utility
Relocations, Adjustments and Reimbursement, should be followed.
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EXHIBIT B
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EXHIBIT C
September 30,2007
Re: GENERAL INFORMATION NOTICE
REGARDING MILLCREEK SOUTH MIXED-USE PROJECT
Dear Property/Business Owner,
The City of Bakersfield ("City") and the Bakersfield Redevelopment Agency ("Agency")
are working on a project known as the Mill Creek South Mixed-Use Project ("Project").
As a result of the Project, the property you occupy may be acquired by the Agency or
the City. This notice is to inform you of your rights under the law. If the property that
you occupy is acquired for the Project and you are displaced, you may be eligible for
relocation assistance under state or federal relocation law. However, DO NOT MOVE
NOW. This is not a notice to vacate the premises. You should continue to pay your
monthly rent or mortgage payment because a failure to pay rent or mortgage payments
could be cause for eviction or foreclosure and loss of relocation assistance. You are
urged not to move or sign any agreement to purchase or lease a new unit before
receiving formal notice of your eligibility for relocation assistance. If you move or are
evicted before receiving such notice, you may not receive any assistance.
If the Agency or City acquire the property you occupy and you are eligible for relocation
assistance, you will be given advisory services, including referrals to replacement
business locations, and at least 90 days advance written notice of the date you will be
required to move. Upon your relocation, you will also receive a payment for moving
expenses.
Because the Agency and/or City are assisting with the Project, they must follow the law
in providing relocation assistance to all business owners or tenants within the proposed
Project area.
Representatives of the Agency or City will be contacting you to conduct a pre-
displacement interview. This interview will be used to determine what your relocation
needs are, and what they should be looking for in a replacement business location. At
this pre-displacement interview, you will receive a brochure outlining the relocation
benefits to which you may be entitled. The information you provide at the interview will
be used to draft a relocation plan. You will be notified when a draft of the plan is
available for review.
If the Project moves forward, you or the property owner will be contacted by the Agency
or City regarding the purchase of the property. Sometime after that, you will receive a AGENCY
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letter outlining the relocation benefits to which you are entitled.
Again, this letter is for informational purposes only and is not a notice to vacate and
does not establish eligibility for relocation payments or other relocation assistance.
If you have any questions, please do not hesitate to call the undersigned at 326-3765.
Yours very truly,
Darnell W. Haynes
Principal Planner
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EXHIBIT D
U.S. Department of Housing and Urban Development
RELOCATION ASSISTANCE TO DISPLACED BUSINESSES,
NONPROFIT ORGANIZATIONS AND FARMS
Introduction
This booklet describes the relocation assistance and payments provided to displaced
businesses, nonprofit organizations and farms under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA).
This includes any such occupant that moves from real property, or moves personal
property from real property, as a direct result of acquisition, rehabilitation or demolition
for a Federal project or a project in which Federal funds are used.
If you are notified that you will be displaced, it is important that you do not move before
you learn what you must do to receive the relocation payments and other assistance to
which you are entitled.
Pursuant to Public Law 105-117, aliens not lawfully present in the United States
are not eligible for federal relocation assistance, unless such ineligibility would
result in exceptional hardship to a qualifying spouse, parent, or child. All
persons seeking federal relocation assistance will be required to certify that they
are a United States citizen or national, or an alien lawfully present in the United
States.
This booklet may not answer all of your questions. If you have more questions about
your relocation, contact the Agency responsible for the project. (Check the back of this
booklet for the name of the person to contact at the Agency.) Ask your questions before
you move. Afterwards, it may be too late.
Summary of Relocation Assistance
As an eligible displaced person, you will be offered the following advisory and financial
assistance:
. Advisory Services includes referrals to suitable replacement locations, help in
preparing claim forms for relocation payments and other assistance to minimize the
impact of the move.
. Payment for Moving and Reestablishment Expenses falls into two general
categories:
* Payment for Actual Reasonable Moving and Related Expenses. If you
choose this payment, you may also be eligible for a Payment for
Reestablishment Expenses, up to $10,000.
* Fixed Payment ("In Lieu Of" Payment). As an alternative to receiving payment
for your actual, reasonable and related moving and reestablishment expenses,
certain persons are eligible to choose a Fixed Payment in the amount of $1,000
- $20,000.
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General Questions
How Willi Know I Am Eligible For Relocation Assistance?
You should receive a written notice explaining your eligibility for relocation assistance.
You should not move before receiving that notice. If you do, you may not be eligible for
relocation assistance.
How Will The Agency Know How Much Help I Need?
You will be contacted at an early date and personally interviewed by a representative of
the Agency to determine your relocation needs and preferences.:.
How Soon Willi Have To Move?
Every reasonable effort will be made to provide you with sufficient time to find and
reestablish your business in a suitable replacement location. If possible, a mutually
agreeable date for the move will be worked out. Unless there is a health or safety
emergency, you will not be required to move without at least 90 days advance written
notice.
How Willi Find A Replacement Location?
The Agency will provide you with current information on available replacement locations
that meet your needs. The Agency may also provide you with the names of real estate
agents and brokers who can assist you in finding the type of replacement location you
need.
While the Agency will assist you in obtaining a suitable replacement location, you
should take an active role in finding and relocating to a location of your choice; no one
knows your needs better than you. When searching for a replacement location for your
business, you should ensure that there are no zoning or other requirements which will
unduly restrict your planned operations.
What Other Assistance Will Be Available To Help Me?
In addition to help in finding a suitable replacement location, other assistance, as
necessary, will be provided by the Agency. This includes providing information on
Federal, State, and local programs that may be of help in reestablishing a business.
For example, the Small Business Administration (SBA) provides managerial and
technical assistance to some businesses.
You should ask the Agency representative to tell you about the specific services that
may be available to help you.
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I Have A Replacement Location And Want To Move. What Should I Do?
Before you make any arrangements to move, notify the Agency as soon as possible.
The Agency will discuss the move with you and advise you of the relocation payment(s)
for which you may be eligible, the requirements to be met, and how to obtain a
payment.
I Plan To Discontinue My Business Rather Than Move. What Should I Do?
If you have decided to discontinue your business rather than reestablish, you may still
be eligible to receive a payment. Contact the Agency and discuss your decision to
discontinue your business. You will be informed of the payment, if any, for which you
may be eligible and the requirements that must be met to obtain the payment.
I Own This Property. Willi Be Paid For It Before I Have To Move?
If you reach a negotiated agreement to sell your property to a public agency, you will not
be required to move before you receive the agreed purchase price. If the property is
acquired through an eminent domain proceeding, you cannot be required to move
before the estimated fair market value of the property has been deposited with the
court. (You should be able to withdraw this amount immediately, less any amounts
necessary to payoff any mortgage or other liens on the property and to resolve any
special ownership problems. Withdrawal of your share of the money will not affect your
right to seek additional compensation for your property.)
Ask the Agency to provide you a copy of the HUD information brochure, When a Public
Agency Acquires Your Property (HUD-1041-CPD). If you have any questions about
the acquisition of your property, please contact the Agency.
What Moving Expenses Are Eligible For Payment?
If you choose a Payment For Actual,_Reasonable Moving and Related Expenses, you
may include in your claim the reasonable and necessary cost of:
. Transportation of the displaced person and personal property. Transportation
costs beyond 50 miles are ineligible, unless the Agency determines that
relocation beyond 50 miles is justified.
. Packing, crating, unpacking, and uncrating personal property.
. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated
personal property including machinery, equipment, substitute personal property,
and connections to utilities available within the building; it also includes
modifications to the personal property, including those mandated by Federal,
State or local law, code or ordinance, necessary to adapt it to the replacement
structure, the replacement site, or the utilities at the replacement site, and
modifications necessary to adapt the utilities at the replacement site to the
personal property.
. Storage of the personal property for a period not to exceed 12 months, unless the
Agency determines that a longer period is necessary. AGENCV
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. Insurance for the replacement value of the property in connection with the move
and necessary storage.
· The replacement value of property lost, stolen, or damaged in the process of
moving where insurance covering such loss, theft, or damage is not reasonably
available.
. Any license, permit, fees or certification required at the replacement location.
However, the payment may be based on the remaining useful life of the existing
license, permit, fees or certification.
. Professional services as the Agency determines to be actual, reasonable and
necessary for: Planning the move of the personal property; Moving the personal
property; and
Installing the relocated personal property at the replacement location.
. Relettering signs and replacing stationery on hand at the time of displacement
that are made obsolete as a result of the move.
. Actual direct loss of tangible personal property incurred as a result of moving or
discontinuing the business or farm operation. The payment shall consist of the
lesser of:
(1) The fair market value in place of the item, as is for continued use, less the
proceeds from its sale; or
(2) The estimated cost of moving the item as is, but not including any allowance
for storage or for reconnecting a piece of equipment, if the equipment is in
storage or not being used at the acquired site. If the business or farm operation
is discontinued, the estimated cost of moving the item shall be based on a
moving distance of 50 miles.
. The reasonable cost incurred in attempting to sell an item that is not to be
relocated.
. Purchase of substitute personal property. If an item of personal property, (which
is used as part of a business or farm operation) is not moved but is promptly
replaced with a substitute item that performs a comparable function at the
replacement site, the displaced person is entitled to payment of the lesser of: (1)
The cost of the substitute item, including installation costs at the replacement
site, minus any proceeds from the sale or trade-in of the replaced item; or (2)
The estimated cost of moving and reinstalling the replaced item but with no
allowance for storage.
. Searching for a replacement location. A business or farm operation is entitled to
reimbursement for actual, reasonable expenses, not to exceed $2,500, which are
incurred in searching for a replacement location, including: Transportation; meals
and lodging away from home; time spent searching, obtaining permits, attending
zoning hearings and negotiating the purchase or lease of a replacement site
(based on reasonable salary or earnings); fees paid to a real estate agent or
broker to locate a replacement site (exclusive of any fees or commissions related
to the purchase of such sites).
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. Low value/high bulk. When the personal property to be moved is of low value and
high bulk, and the cost of moving the property would be disproportionate to its
value in the judgment of the displacing Agency, the allowable moving cost
payment shall not exceed the lesser of: (1) the amount which would be received
if the property were sold at the site or (2) the replacement cost of a comparable
quantity delivered to the new business location. Examples include, but are not
limited to, stockpiled sand, gravel, minerals, metals and other similar items of
personal property as determined by the Agency.
In addition to the eligible expenses for moving personal property listed above, the
following items are also eligible moving expenses if the Agency determines they are
actual, reasonable and necessary:
. Connection to available nearby utilities from the right-of-way to improvements at
the replacement site.
. Professional services (based on a reasonable Agency pre-approved hourly rate)
performed prior to the purchase or lease of a replacement site to determine its
suitability for the displaced person's business operation including but not limited
to, soil testing, feasibility and marketing studies (excluding any fees or
commissions directly related to the purchase or lease of such site).
. Impact fees or one time assessments for anticipated heavy utility usage.
The Agency will explain all eligible moving and related costs, as well as those which are
not eligible. You must be able to account for all costs that you incur; so keep all your
receipts. The Agency will inform you of the documentation needed to support your
claim.
You may elect to pay your moving costs yourself and be repaid by the Agency or, if you
prefer, you may have the Agency pay the mover. In either case, select your mover with
care. The Agency can help you select a reliable and reputable mover.
Also, keep the Agency informed about your moving plans. You must provide the
Agency reasonable advance written notice of the approximate date of the start of your
move or disposition of your personal property and an inventory of the items to be
moved. The Agency may agree to waive this requirement. You must permit the Agency
to make reasonable and timely inspections of the personal property at the old and new
locations and to monitor the move.
What Is A Payment For Reestablishment Expenses?
If you choose to receive a payment for your actual moving and related expenses, you
may also be eligible to receive a payment for reestablishment expenses, not to exceed
$10,000. Such expenses must be reasonable and necessary, as determined by the
Agency. They include, but are not limited to the following:
. Repairs or improvements to the replacement real property as required b'
Federal, State or local law, code or ordinance.
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· Modifications to the replacement property to accommodate the business
operation or make replacement structures suitable for conducting the business.
· Construction and installation costs for exterior signing to advertise the business.
· Redecoration or replacement of soiled or worn surfaces at the replacement site,
such as paint, paneling, or carpeting.
. Advertisement of replacement location.
· Estimated increased costs of operation during the first 2 years at the replacement
site for such items as: Lease or rental charges; Personal or real property taxes;
Insurance premiums; and Utility charges, excluding impact fees.
· Other items that the Agency considers essential to the reestablishment of the
business.
What Is A Fixed Moving Payment ("In Lieu Of" Payment)?
Certain businesses, nonprofit organizations and farms are eligible to obtain a Fixed
Moving Payment, "in lieu of" receiving a payment for Actual, Reasonable Moving and
Related Expenses and a Payment for Reestablishment Expenses. The Fixed Payment
for a business or farm operation is based on the average annual net earnings of the
business or farm operation; the Fixed Payment for a nonprofit organization is based on
average annual gross revenues less administrative expenses. A Fixed Payment will not
be less than $1,000, nor more than $20,000. Check with the Agency to see if you are
eligible for this payment option.
The Agency will inform you as to your eligibility for this payment and the documentation
you must submit to support your claim.
Remember, when you elect to take this payment you are not entitled to reimbursement
for any other moving or reestablishment expenses.
Must I File A Claim For A Relocation Payment?
Yes. You must file a claim for a relocation payment. The Agency will, however, provide
you with the required claim form, help you to complete it, and explain the type of
documentation that you must submit in order to receive the payment.
All claims for relocation payments must be filed no later than 18 months after:
For tenants, the date of your move. For owners, the later of (1) the date of your
move; or (2) the date of final payment for the acquisition of your property.
However, it is to your advantage to file as soon as possible after you move. The sooner
you submit your claim, the sooner it can be processed and paid. If you are unable to file
your claim within 18 months, ask the Agency to consider extending this period.
You will be paid promptly after you file an acceptable claim. If there is any question
regarding your right to a relocation payment or the amount of the payment, you will be
notified of the problem in writing and the action you must take to resolve the matter.
If you must pay any relocation expenses before you move, discuss your needs with the
Agency. You should be able to obtain an advance payment. An advance payment may
be placed in "escrow" to ensure that the move will be completed on a timely basis.
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Willi Have To Pay Rent To The Agency Before I Move?
If the Agency acquires your property, you may be required to pay a fair rent to the
Agency for the period between the acquisition of the property and the date that you
move. Such rent will not exceed the market rent for comparable properties in the area.
Do I Have To Pay Federal Income Taxes On My Relocation Payments?
No. Section 216 of the URA states that you need not report relocation payments as part
of your gross income for Federal tax purposes. For information on State or local income
taxes, you should check with the State or local income tax office in your area or with
your personal tax advisor.
If I Don't Receive The Required Assistance, Can I Appeal?
Yes. If you disagree with the Agency's decision as to your right to relocation assistance
or the amount of a payment, you may appeal the decision to the Agency. The Agency
will inform you of its appeal procedures. At a minimum, you will have 60 days to file
your appeal with the Agency after you receive written notification of the Agency's
determination on your claim. Your appeal must be in writing. However, if you need help,
the Agency will assist you in preparing your appeal.
If you are not satisfied with the Agency's final decision on your appeal, you may seek
review of the matter by the courts.
I Have More Questions. Who Will Answer Them?
If you have further questions after reading this booklet, contact the Agency and discuss
your concerns with the Agency representative.
Agency: Bakersfield Redevelopment Agency
Address: 1600 Truxtun Avenue, Suite 300, Bakersfield, California 93301
Office Hours: 8:00 a.m. to 5 p.m.
Telephone Number: (661) 326-3765
Person to Contact: Darnell W. Haynes
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EXHIBIT E
September 30,2007
Dear Property Owners and Business Occupants:
The purpose of this letter is to inform you that a draft of the Relocation Plan for
Mill Creek South Mixed Use Project ("Plan" herein) is available for review.
The Plan is a document which set forth the number of businesses including non-
profit organizations which may be displaced if the Project goes forward. Additionally,
the Plan outlines how the City of Bakersfield and/or the Bakersfield Redevelopment
Agency will meet the relocation needs of the businesses in the area.
The Plan does not and cannot purport to say at this point where each business
will relocate should the Project proceed. Interviews of the displaced businesses are still
underway. The Plan outlines the general assistance, financial and otherwise, that will be
provided to ensure relocation and replacement to suitable locations.
The draft Plan is available for review at the City Clerk's office, 1501 Truxtun
Avenue, at the Economic and Community Development Department, 1600 Truxtun
Avenue, Suite 300 and at the Beale Library, 1415 Truxtun Avenue. It is anticipated that
the Bakersfield Redevelopment Agency will review the Plan on October 22, 2007. City
Council review is scheduled for October 24,2007. If the Plans are satisfactory, they will
be adopted on those dates.
If you have any questions or comments on the Plans, please contact me or
Darnell Haynes at 326-3765.
Yours very truly,
Donna L. Kunz
Deputy Executive Director
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