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7.1.B. - Page 111 <br /> 4 . 02 The Proposed Rossi Lane shown on the Map must be <br /> surfaced with pervious materials as required by, and to be <br /> approved by, the City of Redwood City. <br /> 4 . 03 Each Lot is subject to and must comply with the <br /> terms of the Landscape Maintenance Agreement between <br /> Declarant and the City of Redwood City. <br /> ARTICLE V <br /> General Provisions <br /> 5 . 01 The provisions of this Declaration shall be <br /> liberally construed to affect its purpose of creating a <br /> uniform plan for development and operation of the Property. <br /> 5 . 02 This Declaration shall be for the benefit of and <br /> be binding upon all Owners, their respective heirs, <br /> legatees, devisees, executors, administrators, guardians, <br /> conservators, successors, purchasers, tenants, <br /> encumbrancers, donees, grantees, mortgagees, lienors and <br /> assigns . <br /> 5 . 03 This Declaration shall not be amended by the <br /> Owners without the written consent of the City of Redwood <br /> City, its successors or assigns . The City of Redwood City <br /> hereby delegates to the City Manager the authority to <br /> approve or deny any such amendments, with final language of <br /> any such amendments subject to approval by the City <br /> Attorney, City of Redwood City. <br /> 5 . 04 The provisions hereof shall be deemed independent <br /> and severable, and the invalidity or unenforceability of <br /> any one provision shall not affect the validity or <br /> enforceability of any other provisions hereof. <br /> 5 . 05 In the event of any controversy, claim or dispute <br /> relating to this Declaration or the breach thereof, the <br /> prevailing party shall be entitled to recover from the <br /> losing party reasonable expenses, attorney' s fees, and <br /> costs . The parties agree to mediate any dispute between <br /> them arising out of this Agreement before any court action. <br /> A party who refuses to mediate in good faith or resists <br /> mediation shall not be entitled to recover prevailing party <br /> attorney' s fees . <br /> Grove-Declaration of CCR-Rossi Lane CL4 5 <br />