HomeMy WebLinkAboutWAFFLE HOUSE - FDP - 17-02A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSpayment 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 Covenants, by including the
provisions contained herein within the Protective Covenants for the real property platted as "The
Waffle House Restaurant Final Plan" which real property shall include the property subject to these
Covenants.
DATED this 7 day of <_) A..�c .ZOO 3
ATTEST:
Owner
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Title: 46;nakt-4 f s fo
Wti 4'lcn C'o.+san ¢ oP PAro
Secretary
STATE OF ?MVO )
COUNTY OF f"'4 1 � ''X T jss
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instrument was acknowledged before me this 11 day of
c. by K�fj"� 7l+ L. yl I► i AvylS as
and ua��=_,131�Auv���� as Secretary of
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The foregoing
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,,t [�H c'AP;�g1 � ue da,luJ S�j•l. ,cal, �oa1
Notary Public, Gwinnett County, Georgia
My Commission expires: r�^jFGorpmi —Cion Expire, June 3, 2007
Witness my hand and official seal.
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Notary Public
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SITE AND LANDSCAPE COVENANTS
FOR
BEG AT NW COR LOT 9. BLK 126, FTC, TH S 38 FT. E 140 FT, N 38 FT, W 140 FT TPOB:
ALSO BEG AT SW COR LOT 8. BLK 126, FTC, TH N 10 FT, E 140 FT, S 10 FT, W 140 FT
TPOB: ALSO S 38 FT OF N 76 FT LOT 9. BLK 126, FTC, CITY OF FORT COLLINS,
COLORADO, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 13, T7N,
R69 WEST OF THE 6TH P.M, LARIMER COUNTY, COLORADO
City of Fort Collins, County of Larimer, State of Colorado
The undersigned, fee owner of The Waffle House Restaurant Final Plan 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 Property may be put, and hereby specifies that
these declarations shall constitute covenants to run with all of the Property 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 the Property, this declaration being signed for the purpose of guaranteeing
that the Property will be developed and landscaped initially and kept in desirable condition in the
future as herein specified. "Owner" shall include the signator to this document and all successors or
assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and site amenities
including, without limitation, energy generation or conservation amenities, as described in the site
and landscape plans submitted to the City of Fort Collins and on record therewith shall be made and
installed in the manner as described in said plans 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 to be developed according to the site and landscape plan submitted to and approved by
the City of Fort Collins. It is further understood and agreed that the owner of the Property, or it's
assigns or successors in interest, shall be responsible for the maintenance and care (including
necessary replacement of dead grasses, plants, trees or shrubs) of all "planted and landscaped"
areas and other amenities within said Final Plan, together with all parking, sidewalks and open
space areas and all areas otherwise utilized for buffering energy conservation or other site amenity.
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 regard 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 until it is fully rectified or cured, the City
of Fort Collins shall have the right (1) to obtain, in the District Court of Larimer County, Colorado, a
mandatory injunction requiring rectification of the default, or (2) 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 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. The sum due and unpaid shall
accrue interest at the statutory rate for judgements from the date that such sum is due. 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 property, if applicable. 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 waving 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