CITY OF LOVELAND RELOCATION PROGRAM

Transcription

1 CITY OF LOVELAND RELOCATION PROGRAM Procedures and Information City of Loveland Page 1 of 20

2 TABLE OF CONTENTS I. The Purpose and Scope....3 II. Definitions...3 III. Notifications...4 IV. General Relocation Assistance Policies...5 V. Residential Relocation Benefits...6 VI. Business and Non-Residential Relocation Benefits....7 VII. Relocation Program Benefits Summary...10 VIII. Appeals...12 Appendix A Flowchart...13 Exhibit A Offer To Purchase...14 Exhibit B Notice To Relocate...16 Exhibit C Moving Expense Request Form...18 Exhibit D Replacement Housing Payment Request...19 Exhibit E Non-Residential Moving Or In Lieu Payment Request...20 Page 2 of 20

3 CITY OF LOVELAND RELOCATION PROGRAM I. The Purpose and Scope. The City of Loveland adopts this Relocation Program which describes the requirements governing the provisions for certain relocation benefits to businesses and residents displaced as a result of certain, designated City public projects (Designated Projects). This program may be amended from time to time by the City. The City recognizes that the relocation benefits described herein are administrative in nature and are not required by law. Therefore, it is the intention of the City that the determination of the City regarding eligibility for and the amount of any relocation benefits made pursuant to this Program shall be at the sole discretion of the City. No Federal or State funds are being utilized by the City in connection with this Program. Furthermore, nothing in this Program shall be construed as an entitlement or a contractual or promissory obligation to provide such relocation benefits. All payments made pursuant to this Program are at the sole discretion of the City. This Relocation Program is being implemented to ensure that uniform, fair and equitable treatment is afforded persons displaced from their homes or businesses as a result of the actions of the City of Loveland (or its agents) in order that such persons shall not suffer disproportionate injury as a result of action taken for the benefit of the public as a whole. These relocation benefits are available to residential tenants and homeowners, and nonresidential occupants (business, farm, non-profits) who are displaced as a result of the actions required by Designated Projects. Benefits described in this document shall only occur in the event of uncontested acquisitions of property for projects through the City s normal acquisition process. The City of Loveland shall, for all displaced persons meeting the eligibility criteria, provide certain moving expense payments and certain replacement housing payments. II. Definitions Business Any lawful activity that is conducted primarily for the purchase, sale, lease or rental of personal or real property; or for the manufacture, processing, or marketing of products, commodities or other personal property; or is conducted primarily for the sale of services to the public. This definition shall not include: (1) Outdoor advertising displays which are intended to be acquired as a part of the real property purchased by the City; and (2) public utilities such as cable, electrical, gas and telephone lines and related service facilities; a business operated solely for the purpose of renting such dwelling or site (including structures) to others. Designated Project A public City project which has been declared by the City to be eligible for participation in the City s Relocation Program. Any project which qualifies for relocation benefits through any other program, including Federal and State assisted projects, will not qualify as a Designated Project. Page 3 of 20

4 Displaced Business Any business that moves its personal property from Property which is acquired as a result of action by the City s Designated Project, provided said business has been in operation at the site from which relocation is required for at least twenty-four (24) months prior to initiation of negotiations. Displaced Resident Any resident who moves his/her personal property from a dwelling which is acquired as a result of an action by the City for a Designated Project, if such resident is occupying such dwelling for at least twenty-four (24) months prior to initiation of negotiations. Dwelling The place of permanent or customary and usual residence of a person including a family house or singlefamily unit in a multi family structure. Initiation of Negotiations The presentation in writing to the owner of the subject Property of an offer to acquire said Property. An example of such a written offer is attached hereto as Exhibit A. Notice to Relocate The written notice, sent by certified mail, from the City to an owner, business or resident that it must move from its current location in the Designated Project area. Relocation shall not be required upon less than 30 days from said notice or as may be otherwise agreed to in writing with the City. An example of such a Notice to Relocate is attached hereto as Exhibit B. Owner Any person who owns fee simple title or a life estate in real property to be acquired for a designated project or holds any other interest which in the sole judgment in the City is equivalent to ownership. Personal Property In general, property that can be moved. It is not permanently attached to, or a part of, the real property. Personal property is not to be considered in the appraisal of real property. Property Interest in real property including fee title, lease holds, licenses, easements and tenancies. Resident A person occupying a dwelling as his/her principal place of residence. III. Notifications As soon as feasible after the determination by the City that any City project shall be a Designated Project qualifying for this Relocation Program, the City shall advise Businesses and Residents in the designated project area regarding: 1) The relocation services, benefits and procedures to be provided by the City The anticipated schedule for the Designated Project including the expected date for the completion of all business and residential relocations. Page 4 of 20

5 IV. General Relocation Assistance Policies (a) No Duplication of Payments No displaced business or resident(s) shall receive any compensation for relocation which, in the sole opinion of the City, would substantially duplicate the compensation which a displaced business or resident would be eligible to receive under state law of eminent domain or any other law or regulation. Under no circumstances will there be a duplication of payments for acquisition and for relocation. (b) Least Cost Approach The amount of payment for an eligible relocation expense shall not exceed the least costly method as determined by the City, of accomplishing the objective of the payment without causing undue hardship to the Displaced Business or Resident. (c) Determination of Eligibility The City will designate a person who shall have primary responsibility for establishing eligibility for, and the amount of, relocation payments requested in accordance with this Relocation Program. A Displaced Business or Displaced Resident must move from the acquired property within the time frame as set forth in the City s Notice to Relocate in order to be eligible for any benefits set forth herein. Appeals from decisions made by the City in this regard shall be determined in accordance with Section VIII of this Relocation Program. (d) Documentation If requested, any request for relocation payment shall be submitted to the City on the appropriate form and supported by such documentation as may reasonably be required by the City to establish accurately expenses incurred, such as bills, statements, certified prices, appraisals and other evidence of expenses. (e) Set Off For Requests The City may withhold any part or all of the relocation payment to a displaced business or Resident to the City, to satisfy an obligation of the Displaced Business or Resident to the City. (f) Burden of Proof All person(s) applying for benefits shall have the burden of proof to establish eligibility for and the amount of any relocation payment request made hereunder. (g) Owners Obligation to Notify New Tenants No owner or tenant or subtenant within the designated project area shall lease premises to a tenant after the owners receipt of Notice to Relocate or Initiation of Negotiations regarding the subject Property, without giving prior written notice to such tenant that the property is being acquired by the City and that such tenant shall not be eligible for relocation benefits from the City. A copy of the owner s notice to the tenant shall be delivered to the City. (h) Time Limit for Submission of Requests. All requests and documentation must be submitted to the City within six (6) months of the date on which the Displaced Business or Resident completes its move from the acquired property, unless waived in writing from the City. Page 5 of 20

6 (i) Ineligible Businesses and Residents. The following Businesses and Residents shall not be eligible for participation in the City s Relocation Program: 1) Any Owner which holds any interest in Property required for the Designated Project for which negotiations to acquire said Property have been contested and the City has filed an action in condemnation to acquire same. 2) Any Business or Resident which does not occupy any real property in the Designated Project Area at least twenty-four (24) months prior to the Relocation Notice or Initiation of Negotiations. 3) Any Business or Resident who s tenancy or right to possess any portion of the Property is terminated as a result of (1) the expiration of the term of its right to possession; or (2) contractual termination of such right to possession. V. Residential Relocation Benefits A. Residential moving expense payments Residential moving expense payments are designed to compensate for the moving and related costs which a person(s) incurs as a result of having to move from his or her dwelling or to move personal property as the result of a Designated Project. They include items such as the cost of transporting household goods, packing and unpacking those goods, the cost of storage, if necessary, and other related and approved costs. Residential moving expense payments may be computed in two ways; the actual cost method and the schedule method. The actual cost method involves using licensed, commercial movers. This payment will be based on the lower of at least two bids. The latter method, as the name indicates, involves the use of a schedule of moving costs whereby payment of the scheduled costs will be made directly to the relocatee upon the completion of the move. The basis for these payments is set forth in Section VII of this Relocation Program. To be eligible to receive the above moving expense payments, the resident(s) must move within the time frame prescribed in the City s Relocation Notice and all personal items must be removed from the acquired Property based on an inspection performed by the City. All requests made to the City for moving expense payments shall be made on City Approved forms. An example of a Moving Expense Request Form is attached hereto as Exhibit C. B. Replacement Housing Payments/ Owner Occupants In addition to the moving expense payments discussed above, the City may provide another payment for person(s) displaced from their homes as the result of a Designated Project. These Replacement Housing Payments are designed to assist eligible displaced person(s) to occupy housing which is decent, safe, and sanitary, adequate for their needs, and comparable to the residential properties acquired by the City. These payments are available to eligible person(s) who occupied dwellings as their primary place of residence only. These payments are to assist in offsetting the differences between the City s payment for the acquired dwelling and the cost of a comparable replacement dwellings, to assist relocatees for the potential loss of favorable Page 6 of 20

7 financing, and to compensate for non-recurring closing costs associated with the acquisition of the replacement site. The schedule of benefits as Replacement Housing Payments for owner/occupants is set forth in Section VII of this Relocation Program. To receive any such Replacement Housing Payment, the eligible displaced person(s) must submit an approved request form to the City demonstrating the cost of the replacement housing. An example of a Replacement Housing Request Form is attached hereto as Exhibit D. Upon approval of said request, the City shall make approved payment at closing towards the purchase of the replacement housing. The City may require an inspection of the replacement housing to determine that it is decent, safe and sanitary and the relocatee must occupy the replacement domicile in order to qualify for any Replacement Housing Payment. C. Replacement Housing Payments Tenant/Occupants In addition to the moving payments discussed above, the City may provide additional payments for person(s) displaced from their tenancy as a result of a Designated Project. These Replacement Housing Payments are designed to assist eligible displaced tenants to occupy housing which is decent, safe and sanitary, adequate for their needs and comparable to what they had before the Designated Project acquired the Property in which they reside. These payments are available to eligible person(s) who occupied as tenants dwellings as their primary place of residence only. The schedule of payments available to tenant/occupants is set forth in Section VII, Part D of this Relocation Program. To request said Replacement Housing Payment, an eligible residential tenant occupant must submit an approved request form to the City demonstrating that the person(s) applying for benefits has obtained replacement housing. The person(s) applying for benefits may utilize the available funds towards rental assistance for the replacement domicile or the person(s) applying for benefits may apply said funds as down payment towards purchase of a replacement residence. All persons applying for benefits shall provide appropriate documentation to the City demonstrating that it intends to occupy the replacement residence and the City may, at its discretion, perform an inspection of said replacement domicile to determine that it is decent, safe and sanitary prior to approval of any request. An example of a Replacement Housing Payment Request Form is attached hereto as Exhibit D. VI. Business and Non-Residential Relocation Benefits. A. Non-residential moving expense payments Non-residential moving expense payments are designed to compensate for the moving and related costs which a person incurs as a result of having to move his or her business, farm, or a non-profit organization (or to move personal property) as the result of a Designated Project. They include items such as the cost of transporting personal property from the subject Property to the relocation site, packing and unpacking, the cost of storage, if necessary, and other related costs. There are two methods for computing non-residential moving expense payments, the actual cost payment method and the in-lieu payment method. A displaced business which chooses the actual cost method also may be eligible for a separate reestablishment payment; however, a business choosing the in-lieu payment method set forth in Section VI, Part D of this Relocation Program is not. To be eligible to receive the moving expenses through the actual cost payment method, the person(s) applying for benefits must move within the time frame prescribed in the City s relocation notice and all personal items must be removed from the acquired property based on an Page 7 of 20

8 inspection performed by the City. The request must be based on the lower of at least two bids obtained from licensed commercial movers and shall be submitted to the City on a City approved form. An example of a Non-Residential Moving Expense Request Form is attached hereto as Exhibit E. B. Business reestablishment payments A payment in addition to actual moving expenses may be made to small businesses for expenses in connection with reestablishing at a relocation site. Farms and non-profit organizations also are eligible for this payment. This payment may not be made to a displaced business, farm, or nonprofit organization which receives a Fixed Payment (ILO) as described in Section VI, Part D of this Relocation Program. C. Eligible Reestablishment Expenses The test for reestablishment expenses is not a comparative standard. Therefore, it does not match the amenities of characteristics of the replacement site against the displacement site. Instead, the test is one of necessity, i.e., is the expense necessary to reestablish the displaced business? The following is a list of the expenses which are considered under this payment. All such expenses must be reasonable and necessary for reestablishment in the judgment of the City: 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 signing to advertise the business. 4. Provision of utilities from 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 when not paid as part of moving expenses. 7. Feasibility surveys, soil testing and marketing studies. 8. Advertisement of replacement location. 9. Professional services in connection with the purchase or lease of a replacement site. 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 items that the City considers essential to the reestablishment of the business. 13. For persons with ADA accommodation requirements additional payments maybe made for special construction needs. Page 8 of 20

9 D. Ineligible Reestablishment Expenses The following is a non-exclusive listing of re-establishment expenses not considered to be reasonable, necessary or otherwise eligible: 1. Purchase of capital assets, such as office furniture, filing cabinets, machinery, or trade fixtures. 2. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. 3. Interior or exterior refurbishment at the replacement site which are for aesthetic purposes. 4. Interest on money borrowed to make the move or to purchase the replacement property. 5. Payment to a part time business in the home which does not contribute materially to the household income. 6. Any re-establishment expense that has already been paid to the displaced person through a business damage request. 7. Other expenses determined by the City to be ineligible. E. Fixed Payment In-Lieu of Actual Moving and Reestablishment Expenses For Displaced Businesses (ILO) A displaced business which meets the specific criteria (set out below) for a fixed in lieu of payment (ILO) may choose either the ILO or moving and reestablishment expense payments, but not both. Not all displaced businesses will be eligible for the ILO payment. The City may require appropriate documentation from the business, including, but not limited to, income statements, financial statements, tax returns, and other appropriate information in order to substantiate that a displaced business may be eligible for the ILO payment discussed above. If, in the City s sole judgment, the application of these criteria creates a hardship, the City may use other criteria. In order to be eligible for the ILO, a displaced business or non-profit organization must meet the following specific criteria: 1. The move causes the business to suffer a substantial loss of existing patronage (clientele or net earnings). This loss is presumed to occur but the City may determine otherwise. Such a determination could occur if a displaced business did not depend on its location for its clientele or revenue, e.g., a mail order business. 2. The business owns or rents personal property at the displacement site which it must move at its own expense, and the business, itself, must move from the displacement site. However, the business need not reestablish at another location in order to be eligible for the ILO. 3. The business is not a part of a commercial enterprise which has more than three other entities engaged in the same or similar business and not being acquired for the project. 4. The business is not operated at a displacement dwelling or displacement site solely for the purpose of renting such dwelling or site (including structures) to others. 5. The business must contribute materially to the income of the displaced person during the two taxable years prior to displacement. [If the City determines that the two years immediately prior to displacement are inequitable or inappropriate for another reason, it may select another more appropriate period.] Contribute materially means that the business: a. Had average annual gross receipts of at least $10,000; or Page 9 of 20

10 b. Had average annual net earnings of at least $5,000; or c. Contributed at least one-third of the owner/operator's average annual gross income from all sources. 6. A non-profit organization qualifies for the benefit set forth in Section VII, Part G of this Relocation Program, if the City determines that it cannot be relocated without a substantial loss of existing patronage, membership and clientele and it is not part of an organization having at least one other establishment engaged in the same or similar activity which is not being acquired by the City. If, in its judgment, the application of these criteria create a hardship, the City may use other, more appropriate criteria. F. Determining Number of Businesses Eligible for Relocation Benefits. In determining whether two or more legal entities, all of which have been acquired, constitute a single business which is entitled to only one relocation payment, all pertinent factors shall be considered according to the following: 1. Same premises and equipment are shared 2. Substantially identical or interrelated business functions are carried out and business and financial affairs are co-mingled 3. The entity s are held out to the public and to those customarily dealing with them as one business. 4. The same person(s) or closely related person(s) own, control or manage the affairs of the entities. G. Home Occupation No Duplication or Extended Benefits A residential home owner or rental tenant which requests to operate a home occupation within the acquired property shall not be allowed to request both replacement home benefit payments and business reestablishment payments. Moving costs associated with personal property considered a part of the home occupation may be included in residential move payments. VII. Relocation Program Benefits Summary For approved Designated Projects, the City shall provide benefits as set forth in this Relocation Program on the following schedule: A. Residential Moving Expense Payments 1. Reimbursement to persons applying for benefits based on actual cost method set forth in Section V, Part A of the is Relocation Program; or 2. A fixed payment moving payment schedule as follows: Page 10 of 20

11 Fixed Payment Moving Schedule Occupant Owns Furniture One room $400 Two rooms $550 Three rooms $700 Four rooms $850 Five rooms $1000 Six rooms $1150 Seven rooms $1300 Eight rooms $1450 each additional room $150 Occupant Does NOT Own Furniture First Room $300 each additional room $50 B. Non residential Moving Expense Payments Except for claimant receiving an ILO as set forth in Section VI, Part D of the Relocation Program, the City shall reimburse the person(s) applying for benefits for actual moving costs based on the lower of two bids obtained from licensed commercial movers. C. Replacement Housing Payments Owner/Occupants Owner/Occupants may receive a supplement not to exceed $20, as a Replacement Housing Payment which must be applied towards the purchase of a replacement home to be occupied by the relocatee. Said replacement home must meet decent, safe and sanitary standards. In order to request this benefit, the person(s) applying for benefits must provide adequate evidence to the City that it has contracted for a replacement dwelling and the City will reimburse the person(s) applying for benefits at closing for any difference between the acquired Property and replacement dwelling, including interest differential and closing costs, up to a maximum of $20, Evidence to be provided to the City in this regard shall include documents such as Closing Settlement Statements and alike. D. Replacement Housing Payments Residential Tenant/Occupants Person(s) applying for benefits may receive a payment not to exceed $2, based on either of the following criteria: 1. A request providing evidence to the City that the relocatee has entered into new lease for acceptable replacement housing and the City will make payment based on the difference, if any, of the lease cost for the replacement dwelling as compared to the acquired Property, or 2. The person(s) applying for benefits may provide evidence to the City through an approved request form that it has contracted to purchase replacement housing and the City will provide a Replacement Housing Payment of $2, which must be applied towards the purchase of the replacement housing and the relocatee must be the occupant of said replacement housing. Page 11 of 20

12 E. Business Reestablishment Expenses For businesses that meet the requirements set forth in this Relocation Program and elect to request reestablishment expenses (not ILO), upon submitted of an approved request form with appropriate documentation the City will provide reestablishment payments not to exceed $10, based on actual and verified costs submitted with said request form. F. Fixed In-Lieu Payment for Businesses For businesses that meet the eligibility for fixed in lieu of payments (ILO) and thereby do not qualify for moving or reestablishment expenses, a payment not to exceed $10, will be made based on the average annual net earnings for the business which is based on the sum of one half of its net earnings before federal and state local income taxes during the two taxable years immediately prior to the taxable year in which the business was displaced. If the City determines that the two year time frame is inequitable or inappropriate, the City may select another method to compute the average net earnings. VIII. Appeals Any person may file a written appeal with the City in any case he/she believes that the City has failed to properly determine eligibility for or the amount of a relocation payment. A person may file an appeal as provided for herein in the event the strict application of the eligibility standards set forth herein may create an unusual or disproportionate hardship due to unique circumstances that may apply to said person(s). Any such appeal shall be limited to the eligibility standards set forth herein only, and shall not apply to the maximum compensatory limits set forth in this Relocation Program Filing an appeal is a two step process as follows: 1. The displaced person or aggrieved person shall submit a written appeal to the Public Works Engineering Manager, City of Loveland, 500 East 3 rd Street, Loveland, Colorado 80537, who will conduct an informal review of the case. The written appeal must be filed no later than 60 days from the date the aggrieved person received written notification of the City s initial determination of relocation benefits, if any. The Public Works Engineering Manager shall notify the appellant in writing of the decision within 30 days. 2. If this appeal does not result in full satisfaction of the aggrieved persons request, the Public Works Engineering Manager will advise the aggrieved person of his/her right to appeal the decision to the City Manager. Any requests for a hearing must be made in writing and directly to City Manager, City of Loveland, 500 East 3 rd Street, Loveland, Colorado An informal hearing will be held within 60 days from receipt of written notice by the City Manager at which time testimony may be provided by the aggrieved person(s) and the City staff responsible for administration of the Relocation Program for the particular Designated Project. Within thirty days of the hearing, the City Manager shall make the final decision regarding the appeal and provide written notice of said decision to the aggrieved person(s) and the responsible City department. Page 12 of 20

13 Appendix A CITY OF LOVELAND RELOCATION PROGRAM Moving expense payments Actual cost method used? Either Payment will be lower of at least two bids from licensed, commercial mover City acquires property City determines if property is eligible for relocation benefits Yes Yes Residence Or Schedule method used Payment will be based on Fixed Payment Move Schedule, Page 11 of City of Loveland Relocation Program Yes Former owner/occupant/tenant files written appeal within 60 days of receipt of written notification of City's initial determination of relocation benefits Public Works Engineering Manager reviews appeal and renders decision within 30 days in writing Yes No Former owner/occupant/tenant disagrees? No No relocation benefits Replacement house payment Is house occupied by owner? Or Rental tenant Either Payment of up to $20,000 for replacement home Payment of up to $2,500 based on actual increase of new rental domicile or purchase of replacement home Former owner/occupant/tenant protests determination of benefits? No Monies paid. All payment/reimbursement requests/documentation must be submitted to City within 6 months of completion of move from acquired property Former owner/occupant/tenant disagrees? Yes No No relocation benefits or payments unchanged Business In lieu of? No Yes Business in lieu of payments Moving expense payments Payment of up to $10,000 in lieu of actual moving and reestablishment expenses, based on prior two taxable year's average annual net earnings Payment for actual costs based on lower of at least two bids from licensed, commercial mover Former owner/occupant/tenant requests in writing within 60 days of decision of Public Works Engineering Manager a hearing before the City Manager to appeal decision City Manager conducts informal hearing and upholds appeal denial? Yes No Relocation benefits are paid as described above Business reestablishment costs Payment of up to $10,000 based on actual cost of reestablishing existing business at new location No relocation benefits or payments unchanged 13 04/2003

14 EXHIBIT A Example Offer Letter CERTIFIED MAIL-RETURN RECEIPT REQUESTED OFFER TO PURCHASE Property Owner Address Address Re: City of Loveland, Colorado Project Fee Owner: (Legal Name of Property Owner) Property Description: (Truncated Legal Description of Property to be Acquired), Township 5 North, Range 69 West of the 6th P.M., City of Loveland, Larimer County, Colorado, more particularly described on Ex attached hereto. Parcel(s) No: (Include parcel numbers if applicable) Interest(s) to be Acquired: Right-of-Way Permanent Easement Temporary Construction Easement Dear Property Owner Names: The City of Loveland, Colorado, is proposing to construct improvements to. The project will consist essentially of (example: street widening, paving, intersection improvements, sidewalks, storm drainage, utility relocation, and surface restoration). A review of the public records and the project design indicates that it is necessary to acquire certain property rights, referenced above, from you to accommodate this project. Our firm has been retained by the City to assist in the acquisition of the property rights necessary for this project. Enclosed with this letter is a Contract to Sell document(s), setting forth the City's offer to acquire the property rights described herein.

15 Page 2 It is the City's policy and obligation to pay the fair market value for the interests in your land that the City will receive and any damages which are a direct consequence of this acquisition. The City has endeavored to determine the fair market value for the property interests to be acquired (or, a professional real estate appraiser has been retained by the City to determine the property values), and the offer contained in the enclosed Contract To Sell is based upon the City s (appraiser's)analysis. The new construction work must begin very soon, therefore, it is necessary that the City receive your consent to the enclosed Contract as soon as possible. The City has directed me to work with you to accommodate any special circumstances or concerns that you may have to the extent reasonably practicable. Thank you for your consideration in this matter, and I look forward to working with you in this regard. Should you have any questions, please do not hesitate to contact me at 970/ or on my mobile at 303/. Sincerely, Enclosures cc:, City Attorney, Project Manager

16 EXHIBIT B Notice to Relocate CERTIFIED MAIL-RETURN RECEIPT REQUESTED NOTICE TO RELOCATE Property Owner Address Address Re: City of Loveland, Colorado Project Fee Owner: (Legal Name of Property Owner) Property Description: (Truncated Legal Description of Property to be Acquired), Township 5 North, Range 69 West of the 6th P.M., City of Loveland, Larimer County, Colorado, more particularly described on Ex attached hereto. Parcel(s) No: (Include parcel numbers if applicable) Interest(s) to be Acquired: Right-of-Way Permanent Easement Temporary Construction Easement Dear Property Owner Names (Relocatee): The City of Loveland, Colorado, is proposing to construct improvements to. The project will consist essentially of (example: street widening, paving, intersection improvements, sidewalks, storm drainage, utility relocation, and surface restoration). A review of the public records and the project design indicates that it is necessary to acquire certain property rights, referenced above, which you occupy as a (residential or business occupant). Our firm has been retained by the City to assist in the acquisition of the property rights necessary for this project. The City has determined that its acquisition referenced above will require you to relocate from the subject property located at. In order to cause you as little inconvenience as possible, you will not be required to vacate your

17 Page 2 prior to 90 days from the date of this letter or you will be notified on a specific date at least 30 days prior to the date you must vacate. You may be eligible for certain relocation benefits as set forth in the City of Loveland Relocation Program Policies and Procedures attached hereto. Upon your receipt and review of this letter and attachments, please feel free to contact me should you have any questions at 970/ or on my mobile at 303/. Sincerely, Enclosures cc:, City Attorney, Project Manager

18 EXHIBIT C CITY OF LOVELAND MOVING EXPENSE REQUEST Location: Parcel: Name: Type of Request: (check one) Actual Cost Room Count Names and current address of requester: Address moved to: Mover s name and address: Distance moved: Miles Residential personal property move: Actual move $ Scheduled move $ If requesting a room-count fixed payment Number of rooms Fixed schedule amount $ Amount of Request Moving $ Storage $ Temporary Lodging $ Total Request $ I certified that I have vacated, or will vacate, the City of Loveland acquired property. I have not submitted any other request, or received any compensation for my moving expenses. I will not accept compensation other than as specified in this request. I understand that false statements on this document may result in loss of the entire request. Requester Signature: Social Security #: Date of Request: Is the mover to be paid directly? Yes No City of Loveland authorized signature: Date:

19 EXHIBIT D REPLACEMENT HOUSING PAYMENT REQUEST Request Type (check one) Furnished dwelling unit tenant Unfurnished dwelling unit tenant Owner occupant Non-qualifying owner occupant Incidental costs only TO: (Regional Address) Project: Location: Parcel: Project code: (SA#) County 1. Requester s full name: 2. Controlling dates (a) Last day to file request (b) Time in occupancy 3. State acquired property address or location: 4. Replacement property address or location Month Day Year 5. Owner supplement computation 6. Rent supplement computation (a) Replacement dwelling place $ (a) Monthly rent required to obtain replacement $ (b) Most comparable dwelling price $ (b) Former monthly rent of claimant or economic rent $ (c) Acquired property price paid by state $ (c) Rental cost difference (a minus b) $ (d) Supplement amount $ (d) TOTAL payment Rental cost difference x 42 months $ (e) Incidental closing costs $ (f) Increased mortgage interest costs $ (g) Maximum payment $ 7. Down Payment (a) Down payment supplement $ (b) Closing cost requested $ (c) Down payment supplement $ The total down payment is equal to or greater than $ 8. Payment of this request for the amount shown is requested (Rent includes cost of utilities) If the total payment is greater than $5, you will receive three installment payments at 14 month intervals I CERTIFY that all information submitted herewith is true and correct, that I have or will occupy a replacement dwelling which is decent, safe and sanitary before I accept any payment and that I have not submitted any other request or received payment of any compensation for the benefit request herein as shown above. I understand that, in addition to the penalty provided for by the laws of the State of Colorado, that falsification of any items in this request as submitted herewith may result in forfeiture of the entire request. Request Date Requester s Signature Social Security Number:

20 CITY OF LOVELAND MOVING OR IN LIEU PAYMENT REQUEST (Business, Farm, or Non-Profit organization) EXHIBIT E Location: Parcel: Name: Names and current address of Requester: Names and current address of Business, Farm or Non-Profit Organization: Amount of Request Moving $ Storage $ Site Search $ Other Expenses $ Total Request $ Reestablishment Costs ($10,000 maximum allowable) $ Last Date to file request Month Day Year Total in lieu request $ Inventory of items moved off ROW completed vacated date: Yes Date: Re-Inventory of items moved to new locate - date: Yes Date: Is this inventory substantially the same? Yes No I certify that I am the owner or authorized representative of the business, farm, or nonprofit organization named above; that no other request for reimbursement or compensation for payment of moving expenses or in lieu of moving expenses has been submitted or payment received, or will be accepted from any other source, by me or on behalf of said business, farm, or nonprofit organization. In case of a moving request, I CERTIFY that I have moved or have caused to be moved the personal property indicated on the inventory as having been relocated to: Requester s Signature Date Title Tax ID# TOTAL AMOUNT OF PAYMENT Approval by Relocation Agent: City of Loveland authorized signature: Date: Date: