SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...

10. All payments due for land, improvements, damages and relocation obligations
incurred as a result of property acquired under this agreement shall be solely the
responsibility of DISTRICT.
DISTRICT shall be responsible for all title and escrow costs for properties
acquired, or otherwise relating to work performed by CITY under this agreement.
11. All persons employed, or contracted with by CITY to furnish the services
required hereunder shall not be considered employees of the DISTRICT.
12. DISTRICT’s enabling statutes (Public Utilities Section 98000, et seq.) require that
before an action in eminent domain to acquire property or interests therein within
an incorporated city can be commenced, the legislative body of the city must
consent to such acquisition by resolution.
13. Concurrently with the approval of this AGREEMENT, CITY shall adopt a
Resolution of Consent for purposes of allowing DISTRICT to commence eminent
domain proceedings for the properties designated in Attachment A. A Draft of
Resolution of Consent attached as Attachment B shall remain in full force and
effect until acquisition of the properties has been completed.
14. If CITY fails or refuses to pass a Resolution of Consent to allow DISTRICT to
commence eminent domain proceedings or retracts a previously passed
Resolution of Consent, this AGREEMENT shall automatically terminate, and
shall have no further force or effect.
15. Time is of the essence in this Agreement.
16. No provision hereof shall be deemed waived and no breach excused, unless such
waiver or consent shall be in writing and signed by the party claimed to have
waived or consented. Any consent by any party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute a consent to, waiver of, or
excuse for any other different or subsequent breach.
17. In the event that suit is brought to enforce or interpret any part of this Agreement,
the prevailing party shall be entitled to recover as an element of its costs of suit,
and not as damages, a reasonable attorney’s fee to be fixed by the court. The
“prevailing party” shall be the party who is entitled to recover its costs of suit,
whether or not the suit proceeds to final judgment. A party not entitled to recover
its costs shall not recover attorney’s fees.
No sum for attorney’s fees shall be counted in calculating the amount of a
judgment for purposes of determining whether a party is entitled to recover its
costs or attorney’s fees.
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