HomeMy WebLinkAboutEVERGREEN PARK, LOT 16, BLK. 4 (TRAFFIC MASTERS / VOGEL CONCRETE) - I-L SITE PLAN REVIEW - 38-95 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSand may also, at its discretion, without waiving any other rights it may have 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 assigns 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 Covenants, by including
the provisions contained herein within the Protective Covenants for the real property platted as
real as "Lot 16 Block 4 Evergreen Park" which real property shall include the property subject to
these Covenants.
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SITE AND LANDSCAPE COVENANTS
FOR
LOT 16 BLOCK 4 EVERGREEN PARK
Situate in the Northwest 1/4 of Section 1, Township 7 North, Range 69 West, of the Sixth P.M.,
City of Fort Collins, County ofLarimer, State of Colorado
The undersigned, fee owner of Lot 16 Block 4 Evergreen Park (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 declarations 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 fiuther understood and agreed that the owner of the
Property, or its 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 P.U.D. together with all parking, sidewalks and
open space areas and all areas otherwise utilized for buffering energy conservation or other site
amenity. Should be 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, then 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
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 waiving any
other rights it may have pursuant to Colorado law for enforcement of liens against real property