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<br />0: P\'J~ ! <br />c-r-GeVdI4J) <br /> <br />COpy <br /> <br />N-2005-0n <br /> <br />RECORDING REQUESTED BY: <br /> <br />WHEN RECORDED RETURN TO: <br /> <br />PALMIERI, TYLER, WIENER, <br />WILHELM & WALDRON LLP (RAC) <br />2603 Main Street <br />East Tower - Suite 1300 <br />Irvine, CA 92614 <br /> <br />The undersigned parties declare: <br />Documentary Transfer Tax $ 0 <br />[Consideration less than $100.00] <br /> <br />MAINTENANCE AGREEMENT <br />FOR SANTIAGO STREET LOFTS PUBLIC RIGHT-OF-WAY <br /> <br />THIS MAINTENANCE AGREEMENT FOR SANTIAGO STREET LOFTS PUBLIC <br />RIGHT-OF-WAY ("Agreement") is made and entered into as of the day of. <br />,2005, by and between SANTA ANA TRANSIT VILLAGE, LLC, a <br />California limited liability company ("SATV"), and CITY OF SANTA ANA, a municipal <br />corporation (the "City"). SA TV and the City may collectively be referred to herein as the <br />"Party" or the "Parties". <br /> <br />R E C I TAL S: <br /> <br />A. SA TV is the owner of certain real property located in the City of Santa Ana, <br />County of Orange, State of California, more particularly described on Exhibit "A" attached <br />hereto and incorporated herein by reference (the "SATV Property"). SATV has or intends to <br />construct residential dwelling units on the SATV Property and to convey each to members of <br />the public. For purposes hereof, SATV Property shall mean and refer to the real property <br />described in Exhibit "A" and the Annexed Properties, as defined below and described in <br />Exhibit "A-1". <br /> <br />B. SATV intends to annex to SATV Property certain additional parcels located in <br />the City of Santa Ana, more particularly described on Exhibit "A-1 " attached hereto and <br />incorporated herein by this reference (individually an "Annexed Property" and collectively <br />the "Annexed Properties"). From and after the Date of Annexation, each Annexed Property <br />will automatically become subject to all of the terms, provisions and conditions of this <br />Declaration as if the Annexed Property were part of the SATV Property. For purposes hereof, <br />the term "Date of Annexation" means the earlier of the date (i) SATV acquires title to such <br />Annexed Property; (ii) the Annexed Property is annexed to the SATV Property; or (iii) the <br />Annexed Property is made subject to the Declaration, as defined below, or (iv) the <br /> <br />F:\REAL\622\16369101\Grant Esmt & Main - City rvB.doc <br />5/26/2005 <br />