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9. Miscellaneous terms and provisions. <br />(a) If any provision of this contract is adjudged invalid, <br />the remaining provisions of it are not affected. <br />(b) Notice to property owner shall be considered to have <br />been given to owner when sent to owner's address stated <br />above. <br />(c) This writing contains a full, final and exclusive <br />statement of the contract of the parties. <br />(d) Property owner appoints the City its attorney-in-fact <br />to do all acts and things which the City considers <br />necessary to restore or maintain the landscaping in- <br />stalled under the Landscaping Plan and Design Review <br />approval. <br />(e) If there is more than one signer of this Agreement as <br />property owner, their obligations are joint and several. <br /> <br />10. Covenant running with land. This Agreement shall be a <br />covenant which is to run with the land and be binding upon the heirs, <br />successors and assigns of the parties hereto and i~ay be recorded in <br />the Office of the Recorder of Alameda County by Developer prior to re- <br />ceiving a building permit. , <br />11. Approval of CC&R's. To further implement the above <br />and to comply with Condition 31 of said Development Plan approval, <br />the Property Owner has prepared a Declaration of Protective <br />Covenants for the Property, a copy of which is attached hereto. <br />Said Declaration, in Section V K.2 thereof, provides for the <br />-4- <br />