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HomeMy Public PortalAboutTruman Hotel TIF Relocation PlanTRUMAN HOTEL TIF PLAN RELOCATION PLAN The City Council of the City of Jefferson, Missouri hereby adopts this Relocation Plan as part of the Truman Hotel TIF Plan as required under Sec. 523.205, RSMo. 1. Definitions. The following terms shall have the meanings set forth below for purposes of this Relocation Plan. a. Business. Any lawful activity that is conducted: i. primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products of commodities; or ii. primarily for the sale of services to the public. b. City. The City of Jefferson, Missouri. c. Decent, Safe and Sanitary Dwelling. A dwelling which meets applicable housing and occupancy codes. The dwelling shall: i. be structurally sound, weathertight and in good repair; ii. contain a safe electrical wiring system; iii. be adequate in size with respect to the number of rooms needed to accommodate the Displaced Person; and iv. for a Handicapped Displaced Person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling. d. Displaced Person. Any Person that moves from real property which is within the Redevelopment Area or moves such Person’s personal property from real property which is within the Redevelopment Area permanently and voluntarily as a direct result of acquisition, rehabilitation or demolition of, or the written notice of intent to acquire such real property, in whole or in part, for a public purpose. e. Eligible Displaced Person. Any Displaced Person who occupied the real property to be acquired for not less than ninety (90) days prior to the Initiation of Negotiations and who is required to vacate such real property for any reason other than the expiration of a lease, renewal of a lease or any other contractual requirement contained within a lease. f. Handicapped Displaced Person. Any Displaced Person who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other person would encounter or to the extent that modification to the replacement residence would be necessary. g. Initiation of Negotiations. The delivery of the initial written offer of just compensation by the acquiring entity, to the owner of the real property, to purchase such real property for a Redevelopment Project, or the notice to the Person that he will be displaced by rehabilitation or demolition. h. Person. Any individual, family, partnership, corporation or association. i. Referral Site Notice. The written notice of referral sites to be provided to Displaced Persons by the Developer pursuant to this Relocation Plan. j. Relocation Payment. The payment to be made by the Developer to an Eligible Displaced Person pursuant to this Relocation Plan 2. Eligibility. Any Displaced Person shall have the right to receive relocation assistance in accordance with the terms of this Relocation Plan. In no event shall relocation assistance be provided to any Person who: a. purposely resides or located such Person’s Business in the Redevelopment Area solely for the purpose of obtaining relocation benefits; or b. is relocated due to an expiring lease, renewed lease or a contractual agreement to relocate. 3. Notice. The Developer shall give to every Displaced Person a ninety (90) day written notice to vacate, prior to the date such Displaced Person is required to vacate its premises. 4. Referrals. The Developer shall provide residential Displaced Persons with three (3) Decent, Safe and Sanitary Dwelling referrals and shall provide each displaced Business with three (3) suitable referral sites. The Developer shall provide to each Handicapped Displaced Person sixty (60) days prior written notice of referral sites, determined with reference to the date such Displaced Person is required to vacate its respective premises. The Developer shall make arrangements for transportation to inspect referral sites for Displaced Persons upon a written request for transportation made to Developer. Contemporaneous with the provision of a Referral Site Notice, the Developer shall notify such Displaced Person in writing of the availability of Relocation Payments and assistance under this Relocation Plan. 5. Relocation Payments. Each Eligible Displaced Person shall be entitled to the following Relocation Payment from the Developer: a. Residential Displaced Persons. Each residential Displaced Person shall be provided with, at the option of such Eligible Displaced Person, either: i. a one thousand dollar (1,000.00) fixed payment; or ii. actual reasonable costs of relocation, including actual moving costs, utility deposits, key deposits, storage of personal property up to one (1) month, utility transfer and connection fees and other initial rehousing deposits, including first and last month’s rent and security deposit. b. Displaced Businesses. Each Eligible Displaced Person operating a Business located in the Redevelopment Area shall be provided with, at the option of the Eligible Displaced Person, either: i. A three thousand dollar ($3,000.00) fixed payment; or ii. Actual costs of moving, including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment and costs for replacement signage, and up to an additional ten thousand dollars ($10,000.00) for reestablishment expenses. 6. Special Needs. Any Displaced Person who believes that such Displaced Person has any special needs as a result of such Displaced Person’s income, age, size of family, nature of business, availability of suitable replacement facilities and vacancy rates of affordable facilities may advise the Developer of such needs and such needs shall be given specific consideration with respect to the relocation benefits offer to such Displaced Person. 7. Deadline for Claims and Payments. All claims for Relocation Payments shall be filed with the Developer within six (6) months after: a. for tenants, the date of displacement; or b. for owners, the date of displacement for the final payment for the acquisition of the real property, whichever is later. 8. Advance Payment. If an Eligible Displaced Person demonstrates the need for an advance payment of the Relocation Payment in order to avoid or reduce a hardship, the Developer shall issue the Relocation Payment subject to such safeguards as the Developer may reasonable establish and are appropriate to ensure that the objective of the Relocation Payment is accomplished. 9. Waiver of Payment. An Eligible Displaced Person, who is also the owner of the applicable premises, may waive Relocation Payments as part of the negotiations for acquisition of the interest held by such Eligible Displaced Person. Such waiver shall be in writing, shall disclose the Eligible Displaced Person’s knowledge of the provisions of this Relocation Plan and Sec. 523.205, RSMo., and shall be filed with the City. 10. Amendment. In the event that a court of competent jurisdiction determine that the Relocation Plan does not satisfy the minimum requirements of Sec. 523.205, RSMo., then this Relocation Plan shall be automatically and retroactively amended to the minimum extent necessary to bring this Relocation Plan in conformity with the minimum requirements.