HomeMy WebLinkAboutBOSTON CHICKEN PUD FINAL - 79 93A - LEGAL DOCS - LEGAL DOCUMENTSenforcement of
without waiving
liens-gainst real
property and may
also, at its discretio
enforcement of
any other rights
liens
it may han,
ve pursuant to Colorado law for
without waiving
against real
any other rights it
property and may
also,at its discretion,
with legal action
against the
may have pursuant
to law, proceed directly.
collect payment
owner,
of the reasonable
its assigns or successors
in interest, to
hereof.
amounts so expended
pursuant to the terms
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 fo" r the real property platted as real as "The
which real property shall include the property
subject to these Covenants.
DATED this - to day of / /(,�( 192Z
OWNE :
LEMAY PROPERTIES, a Colomdo Joint Ventwe
By: FORT COLLINS UROLOGICAL ASSOCIATES,
P.C. NSION TRUS Member
By: /
Trustee
By: FORT COLLINS UROLOGICAL ASSOCIATES,
P.CC ROFIT S G TRUST, Me r
By:� '
Trustee
By: NORTHERN COLORADO SURGICAL ASSOCIATES,
STATE OF COLORADO ) P.C., PROFIT SHARING TRUST, formerly HENSEN,
WISE AND OTTEMAN SURGICAL ASSOCIATES RC
)Ss COUNTY OF LARIMER OFU SHARING TRUST, Member
)
By:
Tmstee
,/ �, • • ' • ' . I %
L�. , ..i ce /
My Commission expires:
Witness my hand and official seal.
Mary Public
0 `,nand\% . ,
%tAUVION ;
28,104
is day
r
i
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the Northwest 1/4 of Section 18, Townskip 7 Nortl
City of Fort Collins, County of Larimer, t f the Sixi
State of Colorado
The undersigned, fee owner of Boston Chicken at Lemay & Pennock f
(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 plaits 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
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 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, 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