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HomeMy WebLinkAboutBRIDGES PUD - Filed OA-OTHER AGREEMENTS - 2003-07-318 2 l 29 p l 2 3 7 ': 2 5 0? l �R�i COUNTY Y C .. RESIDENTIAL LANDSCAPE COVENANTS FOR The Bridges_ P.U.D. Situate in t e City of Fort Co ins, County of Larimer State of Colorado Stephen A. Sharf , fee owner of The Bridges P.U.D. P.M. located in the City of Fort Collins, County ot Larimer, State o Colorado, does hereby make the following declarations as limitations, restrictions and uses to which the said tract may be put, and hereby specifies that these declarations shall constitute covenants to run with all of the above described land, provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners of all or part of said tract, this declar- ation being signed for the purpose of guaranteeing that said tract will be landscaped initially and kept in desirable condition in the future as herein specified. The landscape improvements as described in the landscape plan sub- mitted to the City of Fort Collins and on record therewith shall be made and installed in the manner as described in said plan unless amended pursuant to the approval of the City of Fort Collins. With the exception of lands necessary for construction, the owner shall cause the property within said P.U.D. to be developed according to the landscape plan sub- mitted to and approved by the City of Fort Collins. It is further under- stood and agreed that the owner of said property, or its assigns or suc- cessors in interest, shall be responsible for the maintenance and care (including necessary replacement of dead trees or shrubs) of all "planted and landscaped" areas within said P.U.D. Should the owner fail in any respect to comply with the terms of this Agreement, the City of Fort Collins upon notifying said owner in writing of the matters in regards to which default .is asserted and should the owner fail either to cure said default within thirty (30) days after receipt of such notice or to com- mence within twenty (20) days to rectify such default and continue there- after to use due diligence to rectify such default until it is fully rectified or cured, then the City of Fort Collins shall have the right to enter upon said property and perform the work necessary to replace said improvements or maintain the same and the owner shall pay or cause to be paid to the City of Fort Collins such reasonable sums necessary to reim- burse said City of Fort Collins for the labor and material expended to complete or maintain said improvements which payment shall be made within ten (10) days after receipt of billing. If said billing is not paid, then the City of Fort Collins pursuant to the authority granted by these cove- nants, shall have a lien on the above described property and improvements thereto. Said lien to be exercisable by filing a notice of said lien B2129 P1238 against said property and improvements thereto; provided, however, that the City of Fort Collins shall not have a lien against any single-family lots and improvements thereto within the Briiddge�sP.U.D. The City of Fort Collins shall be entitled to all rights o—fi` o closure or other remedies existing pursuant to Colorado law for enforcement of liens against real property and may also, at its discretion, without waiving any other rights it may have pursuant to law, proceed directly with legal action against the owner, its assigns or successors in interest, to collect payment of the reasonable amounts so expended pursuant to the terms hereof. The undersigned, its successors and assigns, hereby expressly reserve the right, with the consent of the City of Fort Collins, Colorado, to amend or restate these Landscape Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as "The Bridges P.U.D." which real property shall include the property subject to these Landscape Covenants. DATED this 11th day of August 1981 Owner By Tit le STATE OF COLORADO ) )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of My Commission expires: Witness my hand and official seal. r Notary Public