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N-2005-117 : 0: pWy\- l--r-Le\J~) COpy RECORDING REQUESTED BY: First American Title 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 $100.00J MAINTENANCE AGREEMENT FOR THE CITY PLACE RESIDENTIAL PROPERTY PUBLIC RIGHT-OF-WAY THIS MAINTENANCE AGREEMENT FOR THE CITY PLACE RESIDENTIAL 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 collectiveiy 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 approved for residential uses located in the City of Santa Ana, County of Orange, State of California, more particularly described as Lots, 1, 2, 3 and 5 of Tract No. 16565, as shown on a subdivision map filed in Book _' Pages --.-.:. and _ of Miscellaneous Maps, Records of Orange County, California (the "Property"). B. MSC intends to impose on the Property one or more Declarations of Covenants, Conditions, Restrictions and Reservation of Easements, to be recorded in the Official Records of Orange County, as may be further supplemented or amended (each a "Declaration"). The Declaration(s) shall establish a condominium project as defined in California Code Section 1351, and shall invest in California nonprofit mutual benefit corporation as defined therein (the "Association") the power and duty to manage and operate a residential community on the property encumbered by said Declaration. 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 Oblioations 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 exclusively borne by MSC. Such Maintained Improvements shall inciude, but are not limited to the following: F:\REAL\622\33634001\Maintenance Agmts with City\Grant Esmt & Maint - City rev6 (Residential).doc 9/23/2005