HomeMy WebLinkAboutFOUR SEASONS PUD FOURTH - Filed OA-OTHER AGREEMENTS - 2003-11-28B2129 PO954
LANDSCAPE COVENANTS
For
TRACTS A, B & C, FOUR SEASONS P.U.D., FOURTH 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 of FOUR SEASONS P.U.D., FOURTH 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 Tract A shall commence upon com-
pletion of the construction of all houses on lots 148-150 and lots
171-174. Landscape development of Tract B shall commence upon com-
pletion of all houses on lots 151-165. Landscape development of
Tract C shall commence upon completion of the construction of all
houses on lots 166-174. 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. Should the owner fail in any
respect to comply with the terms of this Agreement, the City of Fort
62129 P0955
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 de-
fault 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 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 excercisable 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 4d
Cola ado 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
thy-: real property platted as "The Four Seasons P.U.D." which real
ro orty shall include the property subject to these Landscape Covenants
1 E
',DATED this /a_day of — sf - __-' 198 t .
ATTEST.
f
Sgc.etar.y�
I;
CHIS^M HOMES, INC.
� �
BY:
Pr si c nt
B2 { 29 P 0 9 5 6
STATE OF NEVADA )
)ss.
COUNTY OF CLARK )
The foregoing instrument was acknowledged before me this 1-3
day of , 1981, by__,JL, President and }YIp QSe ai
A., C141s M as Secretary of CHISM HOMES, INC.
My Commission expires: D.ac. 1, 198"f
Witness my hand and official seal.ota,._
Nry Public
S - or�wu�su�
Ip °'u�uC-SiA1E OF RVACA
� �' � C uh1Y OF CLARK
My AD rt.�^nt Expirte Dlc. 4 1980
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