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<br />N-2006-031 <br /> <br />RECORDING REQUESTED BY: <br />Chicago Title Company <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: I\,P. NO. 02-2'11-14- <br />Documentary Transfer Tax $ 0 <br />[Consideration less than $100.00] <br /> <br />IDE.l:.D NO. 81681 <br /> <br />MAINTENANCE AGREEMENT FOR <br />THE RETREAT PUBLIC RIGHT-OF-WAY <br /> <br />THIS MAINTENANCE AGREEMENT FOR THE RETREAT PUBLIC RIGHT-OF-WAY ("Agreement") is <br />made and entered into as of the Z2..t1Ilday of i"\t.t..-ch , 200~, by and between SHEA HOMES LIMITED <br />PARTNERSHIP, a California limited partnership ("Shea") its successors or assigns, and the CITY OF SANTA <br />ANA, a municipal corporation (the "City"). Shea 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. Shea is the owner of certain real property approved for residential uses located in the City of <br />Santa Ana, County of Orange, State of Caiifornia, more particularly described as Tract No. 16905, as shown on <br />a subdivision map filed in Book _, Pages _ and _ of Miscellaneous Maps, Records of Orange County, <br />California (the "Property"). <br /> <br />B. Shea intends to impose on the Property the Declarations of Covenants, Conditions, Restrictions <br />and Reservation of Easements for the Retreat, to be recorded in the Official Records of Orange County, as may be <br />further supplemented or amended (each a "Declaration"). The Declaration(s) shall establish a planned <br />development as defined in California Code Section 1351, and shall invest in Califomia nonprofit mutual benefit <br />corporation as defined therein (the "Association") the power and duty to manage and operate a residential <br />community on the property encumbered by said Declaration. <br /> <br />C. City and Shea wish to provide maintenance obligations and to establish certain rights incidental <br />to the public right-of-way ("ROW') within a portion of the Property as shown on Exhibit "A", attached hereto and <br />incorporated herein. <br /> <br />1. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Parties hereto agree as follows: Maintenance ObliQations of ROW. <br /> <br />1.1. Maintenance Area. Shea shall have the affirmative obligation at all times to cause that portion of the <br />ROW, as shown on Exhibit "A" ("Maintenance Area ") and those improvements set forth below <br />("Maintained Improvements") to be maintained in a safe condition according to reasonable street and <br />public right-of-way maintenance standards as set forth by the City. The costs of such maintenance <br />shall be exclusively borne by Shea. Such Maintained Improvements shall include, but are not limited to <br />the following: <br /> <br />F:\REAL\622\34171001\Maintenance Agreement with City REV (c1ean).doc <br />3/22/2006 <br /> <br /> <br />UJ <br />Z. <br />4. <br />....J <br /> <br />'r <br />cr: <br />o <br />:z <br />w <br />~ <br />~ <br /> <br />w <br />? <br />Q! <br />t::J <br /><11 <br />oi. <br />.... <br />;2 <br />ct <br />.{ <br />J... <br />