RES 244 Draft 03 1996-1998 - Laserfiche WebLink

Home

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