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9. Miscellaneous terms and provisions. <br /> <br /> (a) If any provision of this contract is adjudged invalid, <br /> the remaining provisions of it are not affected. <br /> <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 /> <br /> (c) This writing contains a full, final and exclusive <br /> statement of the contract of the parties. <br /> <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 /> <br /> (e) If there is more than one signer of this Agreement as <br /> <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 shall be recorded in <br />the Office of the Recorder of Alameda County by Developer prior to re- <br />ceiving a building permit. <br /> <br /> 11. City may require security. The City may require either a <br />cash deposit or a surety bond guaranteeing performance and in a form <br />and signed by sureties satisfactory to it. The condition of the <br />security shall be that if the property owner fails to perform his ob- <br />ligations under this Agreement, the City may, in the case of a cash <br /> <br />-4- <br /> <br /> <br />