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

Recorded at the request of The City of Pleasanton When recorded, return to: City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 ASSUMPTION OF RISK, RELEASE OF CLAIMS AND COVENANT NOT TO SUE THIS ASSUMPTION OF RISK, RELEASE OF CLAIMS AND COVENANT NOT TO SUE is made this.~~'day of April, 2003 between Steven H. Jensen and Bobby J. Jensen, as Co- Trustees of the Jensen 1988 Living Trust, John R. Jordan and Denva L. Jordan, Trustees of the John R. Jordan and Denva L. Jordan Trust Agreement, dated 11/17/89, Roger J. Manning and Jane B. Manning, Trustees of the Roger and Jane Manning Living Trust, dated June 3, 1998, Manny Del Arroz and Juanita Del Arroz (collectively, "Property Owners") and the City of Pleasanton, a Municipal Corporation ("City"). RECITALS A. Property Owners are the owners of all the real property located in the City of Pleasanton, County of Alameda, State of California, described as follows: Lots 1-34, inclusive, and Lots. A, B and C, Tract 7372, filed , 2003, in Map Book ,pages ,Alameda County Records ("the Property"). B. The Property is adjacent to a golf course ("the Golf Course property") owned and operated by City; the Property is also adjacent to agricultural uses including but not limited to the keeping and grazing of livestock, the growing and processing of agricultural crops and any commercial agricultural practices performed as incidental to or in conjunction with such operations. These agricultural uses are expected to continue indefinitely. C. By reason of the Property's being located adjacent to the Golf Course property and adjacent to agricultural uses, the Property Owners have risks that are not associated with other residential lots. These risks include but are not limited to damage to property or injury to persons or animals from (a) golf balls that are hit onto the Property; (b) the entry by golfers onto the Property to retrieve golf balls or otherwise; (c) overspray from watering the Golf Course property that may be offensive or cause damage to the Property or improvements (including fences) located on the Property; (d) noise from maintenance and operation of the Golf Course property and/or of agricultural uses including, without limitation, compressors, blowers, pumps, mulchers, tractors, and utility vehicles, all of which maybe operated at all times of day or night, or continuously; (e) odors arising from irrigation and fertilization of the Golf Course property and/or from or of the agricultural uses; (f) disturbances and loss of privacy resulting from golf cart traffic and golfers; and (g) the entry by livestock onto the Property. In addition, pesticides,