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DOC #2025-0099985 Page 3 of 7 <br />of the Airport, and of the expected occurrence of Aircraft Activity on the Airport, and near <br />and over the Property. <br />5. For good and sufficient consideration, the receipt and adequacy of which is <br />hereby acknowledged, the undersigned hereby covenants and declares that the <br />undersigned, and the successors, assigns, licenses, invitees, and tenants of the <br />undersigned (hereinafter "the Persons Bound") expressly waive all their respective rights to <br />assert against or join in any claim, administrative proceeding, lawsuit, or other cause of <br />action that may for any reason arise in the future against the Airport, the City of Redlands, <br />the Airport and the City of Redlands' assignees and successors in interest, the operators <br />and owners of aircraft lawfully using the Airport, and in the case of the aforementioned <br />private companies and public agencies, their respective elected officials, officers, directors, <br />employees, and agents (collectively "the Benefitted Parties") for any inverse condemnation, <br />damages, aircraft noise (including, without limitation, noise produced by aircraft located on <br />the Airport, approaching the Airport for landing, or departing from the Airport), nuisance or <br />other action of any nature whatsoever arising out of, or related to, Aircraft Activity in the <br />proximity of the Property or near or over the Property. This Declaration shall not be <br />construed to bar any of the Persons Bound from any claims against any person or entity for <br />personal injury or property damage caused by, or resulting from, negligent operation of any <br />aircraft, or for use of airspace in a manner violative of applicable federal laws and <br />regulations. <br />6. The City may record this Declaration of Covenant and Waiver affecting the <br />Property in the official records of the County Recorder for San Bernardino County. When <br />recorded, each provision of this Declaration shall run with the Property, and shall be <br />binding upon all owners, tenants, invitees and occupants thereof, and their heirs, <br />successors and assigns. The acceptance by any person of any right of use, deed, lease, <br />mortgage or other interest in or privilege pertaining to the Property whatsoever shall <br />constitute acknowledgment and acceptance of the terms of this Declaration and the binding <br />effects hereof. <br />djmlagreel Declaration of Covenant and Waiver 6-14-06 2 <br />