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HomeMy WebLinkAbout600-030-010-R004 Chin Family - NOE 8-27-191 Patti Feist From:Patti Feist Sent:Tuesday, August 27, 2019 6:32 PM To:jsp@petersonlawcorp.com Subject:600-030-010 R:004 Dune Palms Mobile Home Bridge Project: Relocation Benefits- Bus Leasing to Others Attachments:Relocation Leasing to Other Package.pdf Importance:High Mr. Peterson,     It is my understanding through John Cutler, that you are representing the Chin Family Properties Limited Partnership in regards to the Dune Palms Bridge Project.      Attached, please see a number of relocation documents related to relocation benefits that your client may be eligible to claim as a result of  this acquisition.  I have also attached an informational brochure, but please note that the benefits to a business leasing to others are more specifically defined in the Notice of Eligibility.      Please let me know if you have any questions as to these relocation benefits.     Best Regards,                   © 1980-2012 Overland, Pacific & Cutler, Inc. (Nov-12) Page 1 of 4 Notice of Eligibility Non-Occupant Owner Leasing Space to Others (Federal) August 26, 2019 Chin Family Properties Limited Partnership 3487 Rowena Avenue Los Angeles, CA 90027-2218 c/o John Peterson, Esq. Peterson Law Group Suite 290 19800 MacArthur Boulevard Irvine, CA 92612 Dear Property Owner: The City of La Quinta (called here the “Displacing Agency”) is proceeding with the project known as Dune Palms Road Bridge Project. To carry out this project, it will be necessary for the Displacing Agency to acquire a portion of the property that you own. As a potential eligible owner of the property who leases space or a site to others, you may be eligible for certain benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) and the Displacing Agency’s Relocation Assistance Program, if the Displacing Agency determines you meet the following criteria: 1. You lease or rent the entire property to another and you do not conduct any business at this site. 2. The leasing or rent activity is a legitimate business and not considered an investment as determined by a review of your income tax records. 3. The income from the lease or rented site contributed materially to your income. 4. Your operation is considered a “small business” and is not a franchise or chain operation. If it is determined that you are eligible, this is a notice of eligibility for relocation assistance. The effective date of your eligibility, known as the “initiation of negotiations”, is June 17, 2019. It is important that you understand the conditions described below which must be met before any payments can be made. The Displacing Agency has retained our firm, Overland Pacific & Cutler, LLC. (OPC), to provide you with assistance. The relocation program includes advisory services as well as reimbursement for actual moving and reestablishment expenses. They may include, but is not limited to, the following: 1. RELOCATION ADVISORY ASSISTANCE: Your OPC Relocation Agent Name: Patti Feist Phone: 951-683-2353 Your Case ID: 600-030-010 R004 © 1980-2012 Overland, Pacific & Cutler, Inc. (Nov-12) Page 2 of 4 We will assist you in your relocation by providing information of available replacement sites for purchase. We will personally meet with you to discuss your needs and preferences regarding reestablishment of your leasing activity at a replacement site. 2. MOVING EXPENSES: If you have personal property located at the displacement site, you may be eligible for payment for actual reasonable moving expenses to be paid when the move is performed by a professional mover or if you move yourself. These options will be discussed with you as well as other potential moving and related expenses which may be reimbursable. Also, you are eligible for searching for a replacement location. Your business is entitled to reimbursement for actual expenses, not to exceed $2,500 as the Displacing Agency determines to be reasonable, which are incurred in searching for a replacement location including: (i) Transportation (ii) Meals and lodging away from home. (iii) Time spent searching, based on reasonable salary or earnings. (iv) 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 site. (v) Time spent in obtaining permits and attending zoning hearings; and (vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings. 3. REESTABLISHMENT EXPENSES: As a small business owner you may be eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing your leasing activity at a replacement site. Reestablishment expenses must be reasonable and necessary as determined by the Displacing Agency. They may include, but are not limited to, the following: a) Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance. b) Modifications to replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. c) Construction and installation costs for exterior signage to advertise the business. d) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting. e) Licenses, fees and permits. f) Advertisement of replacement location. g) Professional services in connection with the purchase or lease of a replacement site. h) Estimated increased costs of operation during the first two years at the replacement site, for such items as: 1) Lease or rental charges, © 1980-2012 Overland, Pacific & Cutler, Inc. (Nov-12) Page 3 of 4 2) Personal or real property taxes, 3) Insurance premiums, 4) Utility charges, excluding impact fees. i) Other items that the Displacing Agency considers essential to the reestablishment of the business, such as incidental expenses necessary to purchase a replacement property and customarily paid by the buyer. In order to receive relocation benefits, you must, within 18 months of the Displacing Agency’s acquisition of your property: 1. Acquire a new replacement property; other property acquired prior to the Displacing Agency’s initiation of negotiations for this site is ineligible. 2. The new site must be leased or rented to another as evidenced by an executed agreement with the proposed occupant. 3. Provide documentation (invoices, proof of payment, contracts) to be reimbursed for any of the eligible expenses as listed above. To ensure you expend funds on items that are considered eligible for reimbursement, you should review proposed expenditures with your relocation agent prior to entering into any contractual agreements. However, you should be aware that you are not entitled to payment under reestablishment regulations for any of the following: ▪ Purchase of capital assets, such as office furniture, filing cabinets, machinery or trade fixtures. ▪ Purchase of manufacturing material, production supplies, product inventory or other items used in the normal course of the business operation. ▪ Interest on money borrowed to make the move or purchase the replacement property. ▪ Any expenditures related to any other property you had owned prior to the Department’s initiation of negotiations to acquire this property. ▪ Recurring expenses such as insurance, property taxes, and interest. Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation benefits in federally-funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for -profit or a non-profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such eligibility would result in exceptional hardship to a qualifying spouse, parent, or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. The Relocation Assistance Program is very complex. It is important that you carefully read and understand the matters explained in this notice and in the Informational Statement which was provided to you. Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency’s Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. © 1980-2012 Overland, Pacific & Cutler, Inc. (Nov-12) Page 4 of 4 If at any time you have questions or need assistance, please contact your OPC relocation agent: Patti Feist, SR/WA Project Manager Overland, Pacific & Cutler, Inc. 2280 Market Street, Riverside, CA 92501 Phone 760-899-5569 Sincerely, Overland, Pacific & Cutler, LLC John Cutler Sr. Project Manager Carbon Copy To: City of La Quinta ACKNOWLEDGMENT I was personally contacted by the Relocation Agent for the Displacing Agency. I have been given a copy of this notice and I have had the available services and entitlements explained to me. I have been advised that the Relocation Agent will be available to assist me if any questions arise or assistance is needed. Name: Signature: Date: