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<br /> <br /> <br /> <br /> <br /> <br /> request to the Mayor, the COUNTY shall be required to use its condemnation powers to acquire the <br /> Segment(s) from the [Seller] Person pursuant to Paragraph (11). <br /> C. Notwithstanding Paragraph (10.b), if [Seller] the Person fails to participate in <br /> <br /> negotiations with OCEANSIDE for the purchase of Segment(s) of the Right-of-Way from [Seller] the Person <br /> despite OCEANSIDE's good faith attempts to negotiate, then OCEANSIDE may, in its sole discretion, <br /> <br /> submit a letter to the Mayor to have the COUNTY utilize its condemnation powers. Upon receipt of the <br /> written request, the COUNTY shall be required to use its condemnation powers to acquire the Segment(s) <br /> from the [Seller] Person pursuant to Paragraph (11). <br /> <br /> 11. CONDEMNATION OF LAND FOR BYPASS HIGHWAY. Should [Seller] the Person fail to <br /> participate in negotiations with OCEANSIDE over the purchase of Segment(s) of the Right-of-Way from <br /> <br /> [Seller] the Person or should OCEANSIDE and [Seller] the Person be unable to agree, during their <br /> negotiations, to the purchase of the Segment(s) because of their failure to agree upon an Appraiser or on the <br /> purchase price of the Segment(s) or on the terms of the purchase, the condemnation powers of the COUNTY <br /> <br /> shall be required for the acquisition of the Segment(s). <br /> a. Upon OCEANSIDE's tender of a requirement of condemnation by letter to the <br /> <br /> COUNTY, the COUNTY shall within thirty (30) days begin to immediately and expeditiously exercise the <br /> same pursuant to HRS Chapter 101. OCEANSIDE's tender of such requirement of condemnation to the <br /> <br /> COUNTY shall constitute a "formal initiation of condemnation action" as the term is used in Condition L(2) <br /> of Ordinance 96-8 and Condition M(2) of Ordinance 96-7 and shall relieve OCEANSIDE of all further <br /> liability or obligation to purchase Segment(s) of the Right-of-Way directly from such [Seller] Person. <br /> <br /> b. The COUNTY shall submit to OCEANSIDE a written request for payment of any <br /> and all reasonable costs and expenses incurred by the COUNTY for the acquisition of the condemned land <br /> <br /> in conjunction with the COUNTY'S exercise of its condemnation powers when OCEANSIDE has determined <br /> in its sole and absolute discretion that there is a need for possession or in the event that a Court orders <br /> payment for the acquired land. Within forty-five (45) days of written notice from the COUNTY, <br /> <br /> OCEANSIDE shall reimburse the COUNTY for any and all reasonable costs and expenses incurred by the <br /> COUNTY for the acquisition of the condemned land in conjunction with the COUNTY's exercise of its <br /> <br /> condemnation powers. OCEANSIDE shall not be responsible to reimburse the COUNTY for any and all <br /> costs relating to the salary of County personnel and administration and overhead, including but not limited <br /> to independent contractors and legal counsel, and any interest payments incurred by COUNTY as a result <br /> <br /> of COUNTY's failure to pay compensation to [Seller] the Person within thirty (30) days of final judgment <br /> in the condemnation action. The written notice described herein from the COUNTY to OCEANSIDE shall <br /> <br /> contain a detailed verifiable accounting of any and all such costs and expenses. <br /> <br /> <br /> 11 <br />