HomeMy WebLinkAboutDRAKE CROSSING, WALGREENS - MAJOR AMENDMENT/FINAL PLAN - 35-96A - SUBMITTAL DOCUMENTS - ROUND 4 - LEGAL DOCUMENTSbe 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 successor in interest, to collect payment of the reasonable amounts to 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 Walgreen's at Drake Crossing Shopping Center Final Plan" which real property shall
include the property subject to these Covenants.
DATED this 6th day of June, 2002.
OWNER
Drake & Taft Hill LLC, a Colorado limited
liability company
By:
_ (jQ
Its: Manager
State of Colorado )
) ss.
City and County of Denver )
The foregoing instrument was acknowledged before me this 6th day of June, 2002, by
as Manager of Drake & Taft Hill LLC.
My Commission expires
Witness by hand and official
.....
TTA
TA 1-� • Notary Public 0
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F OF Co�QQ
My Cunmission E)0ms 51B1l009
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SITE AND LANDSCAPE COVENANTS
FOR
Situate in the Lot 3, Drake Crossing Shopping Center Filing No. 2
City of Fort Collins, County of Latimer,
State of Colorado
The undersigned, fee owner of Walgreen's at Drake Crossing Shopping Center Final Plan
(The Property) 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
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