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RES 86490
City of Pleasanton
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RES 86490
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8/7/2012 1:34:12 PM
Creation date
12/17/1999 12:04:58 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/28/1986
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"... A district may not validly convey any interest in any <br /> real property actually dedicated and used for park or <br /> open-space, or both, purposes vithout the consent of a <br /> majority of the voters of the district voting at a special <br /> election called by the board and held for thaC purpose. <br /> Consent need not first be obtained for a lease of any real <br /> property for a period not exceeding 25 years; and consent <br /> need not first be obtained for a conveyance of any real <br /> property if ~ha Legislature, by concurrent resolution, <br /> authorizes a conveyance after a resolution of intention has <br /> been adopted by at least a tvo-thirds vote of ~he board of <br /> directors of the district specifically describing the <br /> property to be conveyed. <br /> <br /> 11. GENERAL AND MISCELLANEOUS PROVISIONS. <br /> <br /> 11.1 Notices. Any notice required or permitted to be given under <br />this-Agreement shall be given by certified mail and addressed to the other <br />party at the address set forth in the introduction paragraph of this <br />Agreement. Such address may be changed by written notice. <br /> <br /> 11.2 Attorneys' Fees. In the event of a dispute between the <br />parties arising out of or in connection with this Agreement, the prevailing <br />party shall be entitled to recover reasonable attorneys' fees and costs of <br />suit incurred by the prevailing party. If either party becomes a party to <br />any litigation concerning this Agreement, the License Area, and/or the <br />surrounding real property, solely by reason of the acts or omissions of the <br />other party or its authorized representatives, the party that causes the <br />other party to become involved in the litigation shall be liable to that <br />party for reasonable attorneys' fees and costs incurred by it in the <br />litigation. <br /> <br /> 11.3 Nonassignable. The license crea~ed by this Agreement is <br />personal to Licensee and nonassignable; except that Lice~see may delegate <br />its duties under Section 4 to a third party, provided any such delegation <br />shall not relieve Linensee of its obligations and responsibilities under <br />such section. Any attempt by Linensee to assign the license is void. <br /> <br /> 11.4 Entire Agreement. This Agreement contains the entire <br />agreemen~ between the parties relating to the rights herein granted and <br />obligations herein assumed. Any oral representations or modifications <br />concerning this Agreement shall be of no force or effect excepting a <br />subsequent modification in writing, signed by the party to be charged and <br />approved by that party's governing body. <br /> <br /> 11.5 Severab~lity. If any provision or portion of any provision <br />hereof is or shall become illegal or void for any reason, or be so held by <br />any court of competent Jurisdiction, the remaining provisions hereof shall <br />remain in full force and effect. <br /> <br /> <br />
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