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RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Herum, Crabtree, Brown. 2291 W. March Lane, Suite B-100 Stockton, California 95207 Attention: Steve Herum AGREEMENT AND COVENANT This Agreement is made and entered into this day of December, 2004, by and between Deshmesh Darbar Temple, a California Non Profit Corporation("Landowner's, and Mohr-Fry Farms, ("Mohr-Fry")(collectively"Parties"). It is made with respect to the facts and circumstances set forth in Section 1 of this Agreement. 1. Recitals. This Agreement is made with respect to the following facts and circumstances: A. Landowner is the owner of approximately 8.35 acres of real property located at 12098 N. West Lane, Stockton, California, commonly known as Assessors Parcel No. hereinafter referred to as the"Temple Property". Landowner proposes to develop a Temple and related facilities on the Temple Property. Landowner's application for a Use Permit( ) is scheduled to be heard by the San Joaquin County Planning Commission on or about December 16,2004. B. Mohr-Fry is the owner of real property at Stockton, CA,commonly known as Assessors Parcel Nos. 058400-16, 058-100-15, and 058-110-37, San Joaquin County, State of California, hereinafter referred to as the "Farm/Winery Property". The Farm/Winery Property has been used by Mohr-Fry a number of years as a farm, and Mohr-Fry intends to continue to operate and expand the Farm/Winery use. Mohr-Fry is concerned about the impact of Landowner's proposed Temple on its Farm/Winery and agricultural operations. C. The Parties are aware of the existence of San Joaquin County's Right to Farm Ordinance(Ordinance Code Division 9, Chapter 1, Sections 6-900,et seq), and the provisions of Civil Code Section 3482.5, which protect preexisting agricultural uses from claims of nuisance. The Parties intend that this Agreement supplement, and not replace or contradict, the aforementioned laws. D. The Parties, in order to insure a harmonious coexistence between the Farm/Winery Property and the Temple Property, desire to bestow upon the Farm/Winery Property certain rights in and forbearances from the Temple Property. In turn, this Agreement will affirm the intention of Mohr-Fry, and any successors in interest, to operate the Farm/Winery Property consistent with applicable zoning, laws and use regulations, for the benefit of the Temple Property. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 2. Mutual Covenant Not to Sue or Interfere. Upon execution and recordation of this Agreement,the parties agree as follows: 1