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RE:3154 X601 <br />7._-89J <br />lieu thereof to reimburse CITY therefore at the time speci- <br />fied in Paragraph 3 hereof. <br />5. Upon recordation of the conveyance provided <br />for in Paragraph 1 hereof, OWNER shall provide to CITY a <br />payment and performance bond, in form and with surety satis- <br />factory to CITY, in the amount of $57,000 to insure instal- <br />lation of street improvements and payment therefor required <br />by Paragraph 3 hereof. <br />6. This Agreement shall be binding upon and <br />shall inure to the benefit of the successors and assigns <br />of CITY and OWNER and shall be recorded. <br />7. Each and all of the conditions and covenants <br />hereof to be kept and performed by Seller are to be kept <br />and performed by Marc H. Monheimer and Bruce M. Cowan <br />solely in their capacity as Trustees of the B/K/San <br />Leandro Trust, and no personal liability or responsibility <br />is assumed by, or shall at any time be asserted or enforced <br />against, Marc H. Monheimer and Bruce M. Cowan, or either <br />of them, on account of any covenants, representations, <br />undertakings or agreements in this Agreement contained, <br />or otherwise, either express or implied, all such per- <br />t � <br />sonal liability or responsibility, if there be any, being <br />hereby expressly forever waived and released. i <br />IN WITNESS WHEREOF the undersigned have ex- <br />ecuted this Agreement the day and date first hereinabove <br />set forth. <br />CITY OF S I <br />DROBy: <br />t <br />4 <br />MARC H. MONHEIMER and <br />BRUCE M. COWAN, as Trustees <br />of the B/K/San Leandro Trust <br />By: <br />A <br />8 3 <br />