HomeMy WebLinkAboutFOUR SEASONS PUD - Filed OA-OTHER AGREEMENTS - 2003-11-129K I
MAR 2 71979'
PC, 075R
LANDSCAPE COVENANTS
For
TRACTS A, B, C & D, FOUR SEASONS P.U.D., FIRST FILING
Situate in the NW1/4 of Section 35, T.SN., R.69W., 6th P.M.,
City of Fort Collins, County of Larimer
State of Colorado
CHISM HOMES, INC., a Nevada Corporation, fee owner of Tracts A,
B, C & D of FOUR SEASONS P.U.D., FIRST FILING, located in the City
of Fort Collins, County of Larimer, State of Colorado, does hereby
make the following declarations as limitations, restrictions and
uses to which the said tracts 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 tracts,
this declaration being signed for the purpose of guaranteeing that
said tracts will be landscaped initially and kept in desirable
condition in the future as herein specified.
The landscape improvements as described in the landscape plan
submitted 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 each Tract to be developed according to
the landscape plan submitted to and approved by the City of Fort
Collins. Landscape development of Tracts "A" & "B" shall commence
upon the completion of the asphalt paving adjacent thereto. Landscape
development of Tract "C" shall commence upon completion of the
construction of homes on any 7 of 10 lots adjacent to Tract "C"
(Lots 3-6 and 14-19 inclusive of Four Seasons P.U.D., First Filing).
Landscape development of Tract "D" shall commence upon completion of
the construction of homes on lots 22 and 23 of Four Seasons P.U.D.,
First Filing, which lots are adjacent to Tract "D". It is further
understood and agreed that the owner of said property, or its assigns
or successors 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 Tracts A, B, C and
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 commence within twenty
(20) days to rectify such default and continue thereafter to use due
diligence to rectify such default until it is fully rectified or
sK1938 Pr 7 5 7
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 neces-
sary to reimburse 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 covenants, shall have a lien on the
above described property and improvements thereto. Said lien to be
exercisable by filing a notice of said lien 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 Four Seasons P.U.D. The City of
Fort Collins shall be entitled to all rights of foreclosure 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 assign 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 Covenant for
the real property platted as "The Four Seasons P.U.D." which real
property shall include the property subject to these Landscape
Covenants.
DATED this day of --.
CHISM HOMES, IN
ATTEST:
BY:
Secretary Presi nt
STATE OF 39O )
,44W ) ss.
COUNTY OF tAWkMftR )
The foregoing instrument was acknowledged before me this 0?!s%1
day of by // /y, C(/,sw as President
and /,7/y,Q of/E_ /,, as Secretary of CHISM HOMES, INC.
My Commission expires:
WITNESS my hand and official 1.
Notary Public `�
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