COM 0759.011 1996-1998 - Laserfiche WebLink

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C. [Nothwithstanding Paragraph (II.b), OCEANSIDE shall not be obligated to reimburse the COUNTY for any costs it incurred for the condemned land if such costs exceed the appraised value of the Segment(s) of the Right(s)-of-Way as determined by an Appraiser selected by OCEANSIDE ("Appraised Value"). OCEANSIDE may waive this requirement if the COUNTY informs OCEANSIDE of the cost of the condemned land prior to having incurred such costs and provided that OCEANSIDE approved such cost in writing. The COUNTY agrees that OCEANSIDE shall have the discretion and the right to withhold the difference between the cost of the condemned land as determined by a court of law and the Appraised Value if OCEANSIDE's approval was not first received or for those services that OCEANSIDE deems unreasonable, unnecessary or excessive. In such a case, OCEANSIDE shall provide to the COUNTY a written notice of OCEANSIDE'S objections within thirty (30) calendar days from the receipt of COUNTY's written request for payment. d.] Should a dispute arise over the amount of monies owed by OCEANSIDE to the COUNTY, then both parties agree to first pursue settlement of the dispute by arbitration pursuant to HRS Chapter 658. OCEANSIDE shall submit to the COUNTY a list of arbitrators to hear the dispute. The COUNTY hasten (10) calendar days to select one (1) arbitrator from OCEANS] DE's list. If the COUNTY fails to select an arbitrator, then OCEANSIDE may select an arbitrator to hear the dispute. 12. DONATION OF RIGHT-OF-WAY. Notwithstanding anything herein to the contrary, should a Person donate the Segment(s) of the Right-of-Way to OCEANSIDE for no consideration, the COUNTY shall: a. Grant the Person who contributes their land towards the Bypass Highway units of credit which may be used by the Person to off -set future roadway fair share assessment or impact fee requirements. Each unit of credit shall off-set the roadway fair share assessment or impact fee requirement for one (1) dwelling or lodge unit. The amount of credits shall be the total value of the Segment(s) for Right- of-Way divided by the per lot fair share assessment or impact fee requirement to mitigate road impacts for each $3,101.68 value of land contributed. The total value of the Segment(s) for Right-of-Way shall be based on the appraised value of the Segment(s) at the time the Person dedicates and/or donates the Segment(s) to OCEANSIDE as determined by the Appraiser selected using the procedures outlined in subparagraph (]0.b). b. The COUNTY shall grant a density credit to Persons whose lands are donated for the Segment(s) of the Right-of-Way. The density credit is equal to the area of land that is utilized. The density credit shall be added to the Person's remaining property at the time the Person obtains land use approvals from the COUNTY. The density credit allows the Person to develop the total number of units that would be permitted under the applicable zoning at the time the Person obtains land use approvals as if the Person had not contributed land for the Right-of-Way 12