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~~ <br />/~~ <br />9. P~Iiscellaneous-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 cahen sent to owner's address stated <br />above. .. <br />. { <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 Gity considers <br />• necessary to restore or maintain the landscaping in- <br />stalled under the Landscaping Plan and Design Review <br />aPProval. ~ _ -_ <br />~: f' <br />(e) If there is more than one signer of this Agreement as <br />property owner, their obligations are joint and several. <br />i0. Covenant running with land. This Agreement shall be a r <br />covenant which is to run with the land and be binding upon the heirs, <br />':, <br />successors and assigns of_the parties hereto and may be recorded in <br />the Office of the Recorder of Alameda County .by Developer prior~to re- <br />ceiving a building permit. ~ " ~ ,~'t <br />- ~~ <br />11. City may require security. The City may require either a <br />- _ ,- <br />cash deposit or a surety bond guaranteeing performance and in a farm <br />" .T _,, <br />and signed by sureties satisfactory to it. The condition of the ~' <br />~~= <br />security shall be that if the property owner fails to perform his•ob"- <br />. ~. <br />ligations under this Agreement, the City may, in the case of .a cash <br />-4- _ - <br />