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RECORDING REQUESTED BY: <br />WHEN RECORDED RETURN TO: 100 <br />PALMIERI, TYLER, WIENER, <br />WILHELM & WALDRON LLP (RAC) )0* <br />2603 Main Street <br />East Tower - Suite 1300 <br />Irvine, CA 92614 <br />The undersigned parties declare: <br />N-2013-022,0011 <br />Documentary Transfer Tax $ 0 <br />[Consideration less than $100.00] (?vvA C2? <br />©•, pWA f0evelop. (2) <br />APR 1 p 2013 MAINTENANCE AGREEMENT <br />FOR THE MARKE APARTMENTS PUBLIC RIGHT-OF-WAY <br />THIS MAINTENANCE AGREEMENT FOR THE MARKE APARTMENTS PUBLIC RIGHT-,91F-WAY <br />("Agreement") is made and entered into as of the 2f? th, day of OfJ VEAj 3E0_ , 201/ by and between <br />THE MARKE AT SOUTH COAST METRO, LLC, a Delaware limited liability company ("Developer"), and CITY <br />OF SANTA ANA, a municipal corporation (the "City"). Developer and the City may collectively be referred <br />to herein as the "Party" or the "Parties". <br />RECITALS: <br />A. Developer is the owner of certain real property located in the City of Sana Ana, County of <br />Orange, State of California, more particularly described on Exhibit "A" attached hereto and incorporated <br />herein by reference (the "Developer Property"). Developer has or intends to construct residential <br />dwelling units on the Developer Property for the purposes of leasing apartments. For purposes hereof, <br />Developer Property shall mean and refer to the real property described in Exhibit "A". <br />B. City and Developer wish to establish maintenance obligations and to establish certain rights <br />incidental to the public right-of-way ("ROW") within a portion of Developer Property and those portions <br />as shown on Exhibit "B", attached hereto and incorporated herein. NOW, THEREFORE, for valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree <br />as follows: <br />Maintenance Obligations of ROW. <br />Developer Maintenance Area. Developer shall have the affirmative obligation at all times to <br />cause all of the ROW, as shown on Exhibit "B" ("Developer Maintenance Areas") and those <br />improvements set forth below ("Developer Maintained Improvements") to be maintained in a safe <br />condition according to reasonable street and public right-of-way maintenance standards as set forth by <br />the City. The costs of such maintenance shall be exclusively borne by Developer. Such Developer <br />Maintained Improvements shall include, but are not limited to the following: