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• <br />11. <br />12. <br />13. <br /> <br />Recordation <br />Developer hereby agrees an <br />representative to record this <br />County of Alameda, California. <br />d irrevocably authorizes the City or its <br />Agreement in the property records of the <br />Covenants to Run with the Land <br />a. Developer hereby subjects the Property to the covenants, <br />reservations and restrictions set forth in this Agreement. The <br />City and Developer hereby declare their express intent that the <br />covenants, reservations and restrictions set forth herein shall be <br />deemed covenants running .with the land and shall pass to and <br />be binding upon Developer's successors in title to the Property; <br />provided, however, that on the termination of this Agreement <br />said covenants, reservations and restrictions shall expire. Each <br />and every contract, deed or other instrument hereafter executed <br />covering or conveying the Property, or any portion thereof, <br />shall conclusively be held to have been executed, delivered and <br />accepted subject to such covenants, reservations and <br />restrictions, regardless of whether such covenants, reservations <br />and restrictions are set forth in such contract, deed or other <br />instruments. <br />b. If Developer sells or transfers the Property or Project subject to <br />these covenants, Developer shall file a Notice of Transfer with <br />the City in substantially the same form as attached as Exhibit <br />"E", and the City agrees that by operation of this Agreement <br />and by operation of Civil Code Section 1466 the Developer shall <br />be thereafter released from all obligations and liabilities arising <br />out of the performance or nonperformance of this Agreement <br />occurring after the date of said sale or transfer. <br />c. If Developer transfers less than the entire Project, then any <br />such transfer shall specify whether the units so transferred are <br />designated as reserved for lower income households pursuant to <br />Section 1 of this Agreement. Ownership of all units reserved <br />for lower income households shall, at all times, be maintained in <br />a single business entity. <br />Attorneys' Fees <br />If suit is brought to enforce or interpret any part of this Agreement, <br />the prevailing party shall be entitled to recover reasonable attorneys' <br />fees and costs of suit. <br />14. Severability <br />The invalidity of any clause, part or provision of this Agreement shall <br />not affect the validity of the remaining portions thereof. <br />