RES 244 Draft 01 1996-1998 - Laserfiche WebLink

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relieve OCEANSIDE of all further liability or obligation to purchase Segment(s) of the Right—of—Way directly from such Seller. 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 Seller 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. Notwithstanding Paragraph (11.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 17