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HomeMy WebLinkAboutFORT COLLINS HOUSING AUTHORITY SUBDIVISION - FINAL PLAT - 28-89B - LEGAL DOCS - SUPPLEMENTAL INFORMATION0 0 Is9 SITE AND LANDSCAPE COVENANTS FOR Fort Collins Housing Authority Situate in the 1715 West Mountain Avenue City of Fort Collins, County of Larimer, State of Colorado 80521 The undersigned, fee owner of Fort Collins Housing Authority (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 initialIy 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 Cit•_r 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 accordIZ2 to the site and landscape plan submitted to and approved by the City of For: 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, eithereither 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 For: 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 i ft 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 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 "The t vL P12 '-p " which real property shall include the property subject to these Cov nan'ts. DATED this % day of 7 u X-C 19 9 5. Owner: l(C- � ke"CJ By:_ tl2cct!-�Ue 1J�(-IfC14 Title ATTEST: Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) he foregoing instrument as acknowledged before me this ��day of 19�5, by uas and as Secretary of My Commission expires: a/�3/p7 Witness my hand and official seal. rp t e Notary Public PUBLIC.'