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, 0; PvJ~ U:-,I-ev~ffut') N-200S-119 , COpy RECORDING REQUESTED BY: First American Tille Insurance Company WHEN RECORDED RETURN TO: PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP (DGT) 2603 Main Street East Tower - Suite 1300 Irvine, CA 92614 The undersigned parties declare: Documentary Transfer Tax $ 0 [Consideration less than $100.00] MAINTENANCE AGREEMENT FOR THE CITY PLACE COMMERCIAL PROPERTY PUBLIC RIGHT-OF-WAY THIS MAINTENANCE AGREEMENT FOR THE CITY PLACE COMMERCIAL PROPERTY PUBLIC RIGHT-OF-WAY ("Agreement") is made and entered into as of the 27th day of September, 2005, by and between MAIN STREET CONCOURSE LLC, a California limited liability company ("MSC") its successors or assigns, and the CITY OF SANTA ANA, a municipal corporation (the "City"). MSC and the City may collectively be referred to herein as the "Party" or the "Parties". R E C I TAL S: A. MSC is the owner of certain real property located in the City of Santa Ana, County of Orange, State of California, more particuiarly described as Lot 4 otTract No. 16565, as shown on a subdivision map filed in Book _, Pages _ and _ of Miscellaneous Maps, Records of Orange County, California (the "Property"). B. The Property shall be developed into a commercial and retail shopping area and be conveyed to a person or persons that shall hold record fee title to all or any portion of the Commercial Property ("Owner"). Any and all of the right, powers and obligations of MSC contained herein may be assigned to an Owner, provided that such Owner assumes the duties of MSC as provided herein and such Owne~s assumption of rights and obligations are identical to and those assumed by MSC herein. Such Owner shall have the right to delegate all or any portion of such Owner's rights and obligations as set forth in this Agreement to a lessee under a lease or a contract purchaser under an agreement to purchase. C. City and MSC wish to provide maintenance obligations and to establish certain rights incidental to the public right-of-way ("ROW') within a portion of Property as shown on Exhibit "A", attached hereto and incorporated herein. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Maintenance Obliaations of ROW. (a) Maintenance Area. MSC shall have the affirmative obligation at all times to cause that portion of the ROW, as shown on Exhibit "A" ("Maintenance Areas ") and those improvements set forth below ("Maintained Improvements") to be maintained in a safe condition according to reasonable street and public right-of-way maintenance standards as set forth by the City. The costs of such maintenance shall be F:\REAL\622\33634001\Maintenance Agmts with City\Grant Esmt & Maint - City rev6 (Commercial).doc 9/19/2005