JENSEN - ASSUMPTION OF RISK, RELEASE OF CLAIMS AND CONVENANT NOT TO SUE

herbicides, fertilizers and other chemicals may be applied to the Golf Course property and to the agricultural uses throughout the year and reclaimed water, treated wastewater or other sources of non-potable water may be used for irrigation of the Golf Course property and the agricultural uses. D. Property Owners are willing to assume these risks, release their claims, and covenant not to sue as provided in this Agreement. NOW, THEREFORE, in consideration of the mutual promises expressed herein, Property Owners, on behalf of themselves and their successors in interest, and City agree as follows: 1. Property Owners, on behalf of themselves, their successors in interest, and their guests and invitees, assume the risk, release all claims against the City, and covenant not to sue the City for any loss or damage including, without limitation, indirect, special or consequential loss or damage arising from personal injury, destruction of property, trespass or any other alleged wrong or entitlement to remedy based upon, due to, arising from or otherwise related to the proximity of the Property (and any improvements thereon) to the Golf Course property and/or to the agricultural uses, including, without limitation, any claim arising in whole or in part from the alleged negligence of City. 2. This Agreement shall be a covenant which is to run with the land and shall be binding upon transferees, successors and assigns of the Property Owners and shall be recorded in the Office of the Alameda County Recorder. 3. If any party to this Agreement initiates any action at law or in equity to enforce or interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs in addition to any other relief to which it otherwise may be entitled. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first hereinabove written. PROPERTY OWNERS '~ Steven H. Jens~~jj , Co-Trustee, o successor of thd'Jensen 1988 Living Trust Bobby J. Je en, Co-Trustee, or successor of the Jensen 1988 Living Trust