HomeMy WebLinkAboutCouncilman, Jim and Laura 2018-04-30AGREEMENT FOR RELOCATION BENEFITS
between
Jim and Laura Councilman and the City of Ukiah;
215 Norton Street
This Agreement is entered on April ?j0 , 2018 ("Effective Date"), in Ukiah,
California, between Jim Councilman and Laura Councilman (collectively, "Tenant") and
the City of Ukiah ("City"), a general law municipal corporation, acting in its capacity as
the Housing Successor for the City pursuant to Health and Safety Code Section 34176.1.
RECITALS:
1. City has acquired property known as Mendocino County Assessor's Parcel
Numbers ("APNs"): 002-153-30 and 002-153-04, including a single-family house ("the
Premises") located at 215 Norton Street, Ukiah, CA ("the Property"). The City acquired
the Property to lease.`option it at fair market value to a developer who has an agreement
with the City to develop market rate housing on the Property ("the Project"). The City
intends to use the proceeds from the lease,'option of the Property to develop housing for
low income families. Tenant has been renting the Premises since prior to the time that the
City entered negotiations to acquire the Property. The development and use of the
Property and the Premises for the Project will result in the displacement of Tenant.
2. Because Tenant is being displaced by a City project, Tenant is entitled to
relocation benefits under Government Code Sections 7260 et seq. as implemented by
regulations in 25 California Code of Regulations ("CCR") Sections 6000 et seq.
Collectively, these rules are referred to in this Agreements as the "Relocation Laws."
4. Tenant has received notice from City of his or her right to relocation benefits
and a description of the benefits to which Tenant is entitled under the Relocation Laws.
Tenant has been informed of his or her right to appeal to the City Council any
determination by the City Manager as to the relocation benefits for which the Tenant is
determined to be eligible.
5. Tenant has been offered relocation advisory services and assistance with
understanding and claiming the benefits to which he or she is entitled, including, if
applicable, the services of a Spanish language interpreter to assist Tenant in reading this
Agreement and the information furnished to Tenant by City about Tenant's right to
relocation benefits.
6. Tenant understands that he or she is entitled to:
(1) A reasonable offer of available comparable replacement housing, meeting
the following criteria: (i) Decent, safe and sanitary and comparable to the
Premises with respect to number of rooms, habitable living space and type and
quality of construction, (ii) not in an area subjected to unreasonable adverse
environmental conditions, and (iii) available on the private market to the
Tenant. The offer should include at least three units fully satisfying these
requirements.
(1) Actual and reasonable moving expenses or a lump sum payment in lieu of
the actual expenses without documenting to the City's reasonable satisfaction
the actual expenses he or she has incurred in moving from the Premises.
(3) A replacement housing payment computed by comparing the cost of the
Premises to the cost of comparable replacement housing not to exceed a
maximum of $5250.
7. Tenant has been afforded an opportunity to consult with an advisor of his or
her choice and has been told that Legal Services of Northern California maintains an
office in Ukiah, California, and that Tenant has the opportunity to contact that
organization for assistance in seeking all of the relocation benefits to which he, she or
they are entitled.
8. Tenant has been offered in writing three (3) units of comparable replacement
housing fully satisfying the requirements described in recital paragraph 6(1), above, but
refuses to apply for any of the offered housing units without a justification related to the
adequacy of the replacement housing units.
AGREEMENT:
In consideration of and reliance upon the above -recited facts and the terms and
conditions as further stated herein, the parties hereby agree as follows:
1. City offers and Tenant accepts the following relocation benefits:
a. In lieu of itemized actual and reasonable moving expenses, City offers
and Tenant accepts a lump sum payment of Three Thousand, Thirty -Five Dollars
($3,035) in full satisfaction of the actual and reasonable moving expenses.
b. Five Thousand Two Hundred Fifty Dollars ($5,250) in full satisfaction
of the Tenant's right under the Relocation Law to an amount necessary to the Tenant to
lease or rent or make a down -payment on a replacement dwelling.
Total: $ 8,285
2. Tenant acknowledges receipt of a check payable to Tenant in the amount of the
total relocation benefits set forth in paragraph 1.
3. Upon payment as provided in paragraph 3, Tenant agrees to accept the
payment in full and complete satisfaction of any claim for relocation benefits authorized
by the Relocation Law, and in satisfaction of any other claim Tenant may have against
City based on his or her lease of the Premises or moving from the Property and shall
vacate the Premises by no later than MAq3 5 , 2018.
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5. Upon receipt of the payment as provided in paragraph i or 2, Tenant
absolutely discharges and releases the City, and its officers, agents and employees as
further provided in this paragraph 5. The release includes any and all claims, demands,
damages, debts, liabilities, obligations, costs, expenses, liens, actions, attorney's fees and
causes of action in any way connected with (1) his or her tenancy in the Premises, (2)
vacating the Premises, (3) moving from the Premises or (4) the Relocation Laws. The
release includes any claim whether actionable in law or in equity, known or unknown,
suspected or unsuspected, which Tenant may have, whether or not asserted prior to the
Effective Date. Tenant has considered the possibility that he or she may not now fully
know the number or magnitude of all the claims he or she has or may have had against
City, or its officers, agents or employees, but, nevertheless, intends to assume the risk
that he or she is releasing such unknown claims. Tenant agrees that this Agreement is a
full and final release of any and all such claims, and expressly waives, as to such claims,
the bencfits of Sections 1542 of the California Civil Code, which provides:
A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must
have materially affected his settlement with the debtor.
6. This Agreement represents the entire agreement between the City and the
Tenant concerning its subject matter and supersedes and replaces any other agreement,
statement, representation or understanding that may have preceded it. This Agreement
may only be altered or amended by a subsequent writing signed by both parties and
expressly modifying the terms of this Agreement.
7. The Agreement may be executed in one or more duplicate originals bearing the
original signatures of the parties. Any such duplicate original shall be admissible in any
proceedings as proof of the terms of this Agreement.
the paries of entered this Agreement on the Effective Date.
TEN
Address:
k4 LL, Z
CITY OF U H
By: r'
Its I
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