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HomeMy WebLinkAbout600-030-010-R004 Chin Family - Relo-Leasing- Info Stmt Package 08-27-18 www.OPCservices.com | 2280 Market Street, Suite 200, Riverside, CA 92501 ph 951.683.2353 | fx 951.683.3901 August 27, 2018 Chin Family Properties Limited Partnership 3487 Rowena Avenue Los Angeles, CA 90027-2218 John Peterson, Esq. Via E-Mail: jsp@petersonlawcorp.com Peterson Law Group Suite 290 19800 MacArthur Boulevard Irvine, CA 92612 Regarding: Dune Palms Road Bridge Project- Business of Leasing to Others Relocation Benefits Property Located at 46400 Dune Palms Road, La Quinta, California Assessor Parcel No.: 600‐030‐010 Overland, Pacific, & Cutler, LLC., (OPC) has been retained by the City of La Quinta (“City”), to provide relocation services to the residents and non-residential occupants of displaced as a result of the City’s project. Chin Family Properties Limited Partnership is entitled to receive relocation benefits as a business of leasing to others. Attached, please find enclosed a number of documents providing information regarding the general categories of relocation assistance and benefits for which this business may be entitle, if the City of La Quinta is successful in acquiring the property where you have personal property and or where your business is located for the proposed project referenced above. Enclosed, with explanation, are the following documents: • Informational Statement (Business Federal): This document provides the City’s general relocation information for residential occupants who will be displaced as a result of a public project and the assistance and benefits a displaced business may be eligible to receive under the City’s Relocation Program. • Notice of Eligibility (Business Federal): This is a specific notice indicating what assistance and benefits a the Business is eligible to receive. • Certification of Lawful Presence Form: The City’s project is being funded by state and federal funds. Under Federally funded projects, in order to receive the identified relocation benefits, the owners of the displaced business must provide information regarding their lawful presence in the United States. This form needs to be filled out before any assistance and benefits can be provided. • Title VI Package: The project proposed by the City of La Quinta will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied Business of Leasing to Others Relocation Benefits P a g e |2 the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. After your review, if you have any questions or would like to meet to discuss any of the above, please contact me via e-mial at Pfeist@opcservices.com or on my cell at 760-899-5569. Sincerely, Overland, Pacific & Cutler, LLC. Patti Feist, SR/WA Project Manager Enclosures Relocation Assistance Informational Statement For Business, Farm & Nonprofit City of La Quinta Project Name: Dune Palms Road Low Water Crossing Bridge Project City Representative: Overland, Pacific & Cutler, LLC. 2280 Market Street, Suite 200 Riverside, CA 92501 Phone: (951) 683-2353 Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente. Introduction The property on which you now conduct your business is in an area proposed to be improved by, or financed through, the City of La Quinta (City) using federal funds. If and when the project proceeds, and it is necessary for you to move your business, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The City has retained the professional firm of Overland, Pacific & Cutler, LLC. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE PROPERTY. However, if you desire to move sooner than required, you must contact your relocation agent at Overland, Pacific & Cutler, LLC., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the City relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the City acquires the property, you will also be required to pay rent to the City. Summary of Available Relocation Assistance: A. Advisory assistance to explain the relocation process, the related eligibility requirements, the procedures for obtaining reimbursement for moving expenses and referrals to suitable replacement locations B. Payment for your moving expenses. You may receive one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses C. Other help to reestablish your business and minimize the impact of the move including help in preparing claim forms to request relocation payments. If you disagree with the City decision as to your right to a relocation payment, or the amount of the payment, you may appeal that decision. GENERAL RELOCATION QUESTIONS 1. How Will I Know I Am Eligible for Relocation Assistance? Ordinarily, eligibility begins on the date the owner of the property receives the City’s initial written offer to purchase the property. Therefore, you should not move before that date or receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance. 2. How Will the City Know How Much Help I Need? You will be contacted at an early date and personally interviewed by an agent of the City. The interviewer will want to get information about your current operation, as well as identify movable personal property and non-movable improvements, determine your needs and preferences for a replacement location, estimate the time required to vacate the premises and your need for advance payments. During the interview, you may want to discuss other issues relative to your move. It is to your advantage to provide as much information as possible so that the City, through its relocation agent, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 3. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find a suitable replacement location and reestablish your business. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with the City so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 4. I Own the Property. Will I Be Paid for It Before I Have to Move? If you reach a voluntary agreement to sell your property to the City, 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 pay off 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, but may affect other legal rights). 5. Will I Have to Pay Rent to the City Before I Move? You may be required to pay a fair rent to the City for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement. 6. How Will I Find a Replacement Location? Your relocation agent will provide you with current and continuing information on available replacement locations that meet your needs. You will also be provided with the names of local real estate agents and brokers who can assist you in finding the type of replacement location you require. However, you are urged to take an active role in identifying, and relocating to, a location of your choice. No one knows your needs better than you do. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict your planned operations. Your relocation agent will explain which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable you to carry out your move in the most advantageous manner. 7. What Other Assistance Will Be Available to Help Me? In addition to help in finding a suitable replacement location, your relocation agent will help you secure the services of outside specialists, as necessary, to plan the move, as well as provide assistance during the actual move and in the reinstallation of machinery and/or other personal property. The range of services depends on the needs of the business being displaced. You should ask the City relocation agent to tell you about the specific services that will be available to you. 8. I Have a Replacement Location and Want to Move. What Should I Do? Before you make any arrangements to move, notify the City relocation agent, in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. The City 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. 9. I Plan to Discontinue My Business Rather than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish it, you may still be eligible to receive a relocation payment, though discontinuing the business may impact other claims for compensation you may be eligible to make in other contexts. Contact the City relocation agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. 10. What Kinds of Payments for Moving Expenses Will I Receive? Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming you meet certain eligibility criteria, you may choose one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of Moving and Related Expenses These payment options are described below: Option 1: Payment for Actual Reasonable Moving and Related Expenses If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may claim the cost of: 1. Transportation of personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the City determines that relocation beyond 50 miles is justified. 2. Packing, crating, unpacking, and uncrating of the personal property. 3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection 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. 4. Storage of the personal property determined to be necessary by the City, not to exceed 12 months, unless the City determines that a longer period is warranted. 5. Insurance for the replacement value of the personal property in connection with the move and necessary storage. 6. The replacement value of property lost, stolen or damaged in the process of moving (not through 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. 7. Any license, permit, fees or certification required of your business at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification. 8. Reasonable and preauthorized (by the City) professional services, the City determines to be necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location. 9. Re-lettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. 10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing your business. The payment will consist of the lesser of: (i) The fair market value in place of the item, as is for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the City determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value will be based on the cost of the goods to the business, not the potential selling price.); or (ii) The estimated cost of moving the item as is, but with no 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 you elect to discontinue your business, the estimated cost will be based on a moving distance of 50 miles.) 11. Purchase of substitute personal property. If an item of personal property which is used as part of your business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for the lesser of: (i) 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 (ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the City discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate. 12. The reasonable cost incurred in attempting to sell an item that is not to be relocated. 13. Searching for a replacement location. Your business is entitled to reimbursement for actual expenses, not to exceed $2,500 as the City 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. 14. 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 City, the allowable moving cost payment shall not exceed the lesser of: the amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. 15. Other related moving expenses as the City determines to be reasonable and necessary, including: i) Connection to available nearby utilities from the right-of-way to improvements at the replacement site. ii) Pre-approved professional services performed prior to the purchase or lease of a replacement site to determine its suitability for your 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). At the City discretion, a reasonable pre-approved hourly rate may be established. iii) Impact fees or one-time assessments for anticipated heavy utility usage, as determined by the City. The City relocation agent will explain all eligible moving 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 City will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your property. Payment for a self-move is based on the amount of an acceptable low bid or estimate obtained by the City. If you self-move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the City cannot agree on an acceptable amount to cover the cost of the self-move, you will have to submit full documentation in support of your claim. You may elect to pay your moving costs yourself and be reimbursed by the City or, if you prefer, you may have the City pay the mover directly. In either case, let the City relocation agent know before you move. The City agent can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the City. If not sold or traded-in, the item must remain at the old location and ownership of the item must be transferred to the City before you may receive the payment. In addition to the reimbursable expenses described above, a small business, farm or non-profit organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in relocating and reestablishing its operation at a replacement site. Eligible expenses must be reasonable and necessary, as determined by the City. They may include but are not limited to the following: 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 costs for exterior signage to advertise the business. 4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. 5. Advertising of replacement location. 6. 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) 7. Other items that the City considers essential to the reestablishment of the business. The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherwise eligible: ▪ Purchase of capital assets, such as, office furniture, filing cabinets, and machinery or trade fixtures. ▪ Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. ▪ Interest costs associated with any relocation expense or the purchase of replacement property. ▪ Payment to a part-time business in the home which does not contribute materially to the household income. Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and Related Expenses A displaced business, non-profit organization or farm may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or farm, the payment is based on the average annual 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. For a non-profit organization, the payment is based on the average of 2 years annual gross revenues less administrative expenses. In order to qualify for this payment, the City must determine that: 1. The business owns or rents personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site. 2. The business cannot be relocated without a substantial loss of existing patronage (clientele or net earnings). 3. The business is not a part of a commercial enterprise having more than three other entities which are not being acquired by the City, and which are engaged in the same or similar business activities. 4. The business is not operated at the displacement dwelling/site solely for the purpose of renting such dwelling/site to others. 5. The business contributed materially to the income of the displaced person during the two (2) taxable years prior to displacement. If the business or farm was not in operation for the full two years prior to displacement, the net earnings are based on the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when the City determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. Proof of net earnings must be furnished to the City through income tax returns, certified financial statements, or other reasonable evidence which the City determines is satisfactory. For a qualified non-profit organization, gross earnings may include membership fees, class fees, cash donations, tithes and receipts from sales or other forms of fund collection that enables the non-profit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the non-profit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies. The City will inform you as to your eligibility for this payment option and the documentation you must submit to support your claim. Remember, when you elect to take this payment option you are not entitled to reimbursement for any other moving expenses, i.e. Option A described above. 11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive? As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu of a Payment For Actual Reasonable Moving and Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the City, less the proceeds from its sale, or (2) the estimated cost of moving the sign without temporary storage. The City will inform you as to the exact costs that may be reimbursed. 12. How do I Receive a Relocation Payment? You must file a claim for a relocation payment. The City relocation agent will provide you with the required claim forms, assist you in completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the City. You may 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. If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. 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, the City may extend 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, in writing, of the problem and the action you may take to resolve the matter. 13. Non-Discrimination No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the City relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the City. 14. Appeals Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the City Relocation Assistance Program may have the appeal application reviewed by the City accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the City. 15. Tax Status of Relocation Benefits California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein). 16. Lawful Presence Requirement 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 ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien’s spouse, parent or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. 17. Additional Information If you have further questions after reading this brochure, please contact the City relocation agent at Overland, Pacific & Cutler, LLC. © 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: © 2018 OPC Certification of Lawful Presence in the U.S. Non-Residential INSTRUCTIONS: Pursuant to the Public Law 105-117 of 11-21-97, in order to be eligible to receive relocation benefits in federally-funded relocation projects, a business, as a displaced person, must provide information regarding its lawful presence in the United States. A duly authorized representative of the business must make this certification. Any Business/Displaced Person, who is not lawfully present in the United States, or who declines to provide this information, may be denied relocation benefits. Claimant: Chin Family Properties Limited Partnership Agency: City of La Quinta Site Address: 46400 Dune Palms Road, La Quinta, CA 92253 Project: Dune Palms Road Bridge Project OPC case ID: 600-030-010 R:004 Agent: Patti Feist Certification Date: ________________________________ WARNING: If you knowingly or deliberately make false, misleading or fraudulent statements on this form you may be subject to civil and criminal penalties including fines and imprisonment, under Section 1001 of Title 18 of the United States Code. Business type: [ ] Corporation [ ] Sole Proprietorship [ ] Partnership I CERTIFY, under the penalty of perjury, to the best of my knowledge, to the following lawful presence status: A. I am a citizen or national of the United States, or an alien who is lawfully present in the United States. B The Corporation is authorized to conduct business in the United States. C I am an alien not lawfully present in the United States. D I decline to provide this information. No. Owner/Officer Name % Interest Title Citizenship Status (circle one from list above) Signature 1 A B C D 2 A B C D 3 A B C D 4 A B C D 5 A B C D 6 A B C D 7 A B C D 8 A B C D 9 A B C D Agency notes: _____________________________________________________________________________ TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of 2 NONDISCRIMINATION STATUTES  Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL-AID RECIPIENT’S PROGRAMS OR ACTIVITIES) The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: “No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” (PROHIBITS DISCRIMINATION BASED ON AGE) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: “For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance.” (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL-AID PROGRAMS AND PROJECTS) The Federal-aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary’s authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. The 1973 Federal-aid Highway Act, 23 U.S.C. 324, provides: “No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title.” (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX)  The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION-WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL-AID RECIPIENTS, SUB-RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT)  The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: “For fair, uniform, and equitable treatment of all affected persons; …(and) minimizing the adverse impact of displacement…(to maintain)…the economic and social well-being of communities; and…to establish a lead agency and allow for State certification and implementation.” (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 of 2  The Americans with Disabilities Act, P.L. 101-336, provides: “No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government.” (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES)  The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: “(b) For the purposes of this section, the term ‘make and enforce contracts’ includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law.”  Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: “(I) It shall be unlawful…to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin.” (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING – HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right-of-Way)  The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the “no-build” alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal-aid project development.  Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances.  Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: “(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.” (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal-Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. __________________________ Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: __ Male __ Female Age: __ Under 40 __ 41-65 __ Over 65 Race/Ethnicity: __ White __ American Tribe __Black __Pacific Islander __Hispanic __ Other _________________________________ __ Asian Specify: __________________________ Language spoken, if other than English: __________________________________________________________ Are you or any member of your household suffering any physical disability or medical condition? __ Yes __ No Are you a low-income family? __ Yes __ No Enclosure TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798 , et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Dist Co Rte Post Name of Complainant Home Phone Work Phone Mailing Address BASIS OF DISCRIMINATION RACE COLOR NATIONAL ORIGIN SEX Diability Low-Income Non-English Speaker Provide date(s) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation State the action requested by complainant Signature of Complainant Date Filed NOTE: The use of the Title VI Discrimination Complaint form is not mandatory. You may submit your complaint in any form that contains your signature DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S.CENSUS BUREAU LANGUAGE IDENTIFICATION FLASHCARD 1. Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7. T raditional Chinese 8.Croatian 9. Czech 10. D utch 11. English 12. Farsi Mark this box if you read or speak English. 2010 Motka i kahhon ya yangin ûntûngnu' manaitai pat ûntûngnu' kumentos Chamorro. QUmbJÇak'kñ¨g®b/b'enH ebI/ñk/an …niXaXPasa e‡oµe . Kruis dit vakje aan als u Nederlands kunt lezen of spreken. Zaškrtněte tuto kolonku, pokud čtete a hovoříte česky. Označite ovaj kvadratić ako čitate ili govorite hrvatski jezik. 2004 Census Test .á«Hô©dG çóëàJ hCG CGô≤J âæc GPEG ™HôŸG Gòg ‘ áeÓY ™°V DB-3309 U.S.DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S.CENSUS BUREAU 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish 13. FrenchCocher ici si vous lisez ou parlez le français. Kreuzen Sie dieses Kästchen an, wenn Sie Deutsch lesen oder sprechen. Make kazye sa a si ou li oswa ou pale kreyòl ayisyen. Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. Jelölje meg ezt a kockát, ha megérti vagy beszéli a magyar nyelvet. Kos lub voj no yog koj paub twm thiab hais lus Hmoob. 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