RES 86489 - Laserfiche WebLink

"... A district may not validly convey any interest in any real property actually dedicated and used for park or open-space, or both, purposes without the consent of a majority of the voters of the district voting at a special election called by the board and held for that purpose. Consent need not first be obtained for a lease of'any real property for a period not exceeding 25 years; and consent need not first be obtained for a conveyance of any real property if the Legislature, by concurrent resolution, authorizes a conveyance after a resolution of intention has been adopted by at least a two-thirds vote of the board of directors of the district specifically describing the property to be conveyed. 11. GENERAL AND MISCELLANEOUS PROVISIONS. 11.1 Notices. Any notice required or permitted to be given under this Agreement shall be given by certified mail and addressed to the other party at the address set forth in the introduction paragraph of this Agreement. Such address may be changed by written notice. 11.2 Attorneys' Fees. In the event of a dispute between the parties arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit incurred by the prevailing party. If either party becomes a party to any litigation concerning this Agreement, the License Area, and/or the surrounding real property, solely by reason of the acts or omissions of the other party or its authorized representatives, the party that causes the other party to become involved in the litigation shall be liable to that party for reasonable attorneys' fees and costs incurred by it in the litigation. 11.3 Nonassignable. The license created by this Agreement is personal to Licensee and nonassignable; except that Licensee may delegate its. duties under Section 4 to a third party, provided any such delegation shall not relieve Licensee of its obligations and responsibilities under such section. Any attempt by Licensee to assign the license is void. 11.4 Entire A~reement. This Agreement contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged and approved by that party's governing body. 11.5 Severability. If any provision or portion of any provision hereof is or shall become illegal or void for any reason, or be so held by any court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect.