HomeMy WebLinkAboutFOUR SEASONS PUD SECOND - Filed OA-OTHER AGREEMENTS - 2003-11-12U I,i G P6 V U
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LANDSCAPE COVENANTS
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TRACT E, FOUR SEASONS P.U.D., SECOND FILING
Situate in the NW1/4 of Section 35, T.5N., R.69W., 6th P.M.,
City of Fort Collins, County of Larimer
State of Colorado
CHISM HOMES, INC., a Nevada Corporation, fee owner of Tract E,
of FOUR SEASONS P.U.D., SECOND 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 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
declaration 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
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 Tract E to be developed according to the
landscape plan submitted to and approved by the City of Fort Collins.
Landscape development of Tract "E" shall commence upon completion of
the construction of homes on any 22 lots of Lots 91 through 123,
FOUR SEASONS P.U.D., SECOND FILING. 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 Tract E. 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 (90) 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 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 reimburse
said City of Fort Collins for the labor and material expended to
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completeor 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 __/j(� 1980.
J-
CHISM HOMES, INC.
ATTEST:
X By
Secret;ayy President
STATE OF NEVADA)
ss.
COUNTY OF CLARK)
The foregoing instrument was acknowledged before me this a 3 ti
day of by 74, A, c.C.� as President
and P CR� as Secretary of CHISM HOMES, INC.
My Commission expires:
WITNESS my hand and official seal.
'HILLL ...cam-_ }' ✓ �s'u-C..0 S/
PHILLIPS L .
rar[avana Notary Public
COUrJY OF CLARK
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