HomeMy WebLinkAboutCOACHLIGHT PLAZA - Filed OA-OTHER AGREEMENTS - 2003-07-31It4k2660 1982M.AR-i_ ""I;:
RESIDENTIAL
a LANDSCAPE COVENANTS
FOR
COACHLIGHT PLAZA P.U.D.
SITUATE IN THE EVERGREEN PARK II (NW 4 OF SECTION 1)
n CITY OF FORT COLLINS, COUNTY OF LARIMER
STATE OF COLORADO
co
L.I-)
N THE COACHLIGHT PARTNERSHIP, FEE OWNER OF THE COACHLIGHT PLAZA APARTMENT
m P.U.D. 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 SAID TRACT MAY BE PUT, AND HEREBY
SPECIFIES THAT THESE DECLARATIONS SHALL CONSTITUTE COVENANTS TO RUN WITH
ALL OF THE ABOVE DESCRIBED LAND, PROVIDED BY LAW, 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 SAID TRACT, THIS DECLAR-
ATION BEING SIGNED FOR THE PURPOSE OF GUARANTEEING THAT SAID TRACT WILL BE
LANDSCAPED INITIALLY AND KEPT IN DESIRABLE CONDITION IN THE FUTURE AS
HEREIN SPECIFIED.
THE LANDSCAPE IMPROVEMENTS AS DESCRIBED IN THE LANDSCAPE PLAN SUB-
MITTED TO THE CITY OF FORT COLLINS AND ON RECORD THEREWITH SHALL BE MADE
AND INSTALLE=D IN THE MANNER AS DESCRIBED IN SAID PLAN 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
WITHIN SAID P.U.D. TO BE DEVELOPED ACCORDING TO THE LANDSCAPE PLAN SUB-
MITTED TO AND APPROVED BY THE CITY OF FORT COLLINS. IT IS FURTHER UNDER-
STOOD AND AGREED THAT THE OWNER OF SAID PROPERTY, OR ITS ASSIGNS OR SUC-
CESSORS IN ]INTEREST, SHALL BE RESPONSIBLE FOR THE MAINTENANCE AND CARE
(INCLUDING NECESSARY REPLACEMENT OF DEAD TREES OR SHRUBS) OF ALL "PLANTED
AND LANDSCAPED" AREAS WITHIN SAID P.U.D. 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 REGARDS 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 COM-
MENCE WITHIN TWENTY (20) DAYS TO RECTIFY SUCH DEFAULT AND CONTINUE THERE-
AFTER TO USE: DUE DILIGENCE TO RECTIFY SUCH DEFAULT UNTIL IT IS FULLY
RECTIFIED OF' CURED, THEN THE CITY OF FORT COLLINS SHALL HAVE THE RIGHT TO
ENTER UPON SAID PROPERTY AND PERFORM THE WORK NECESSARY TO REPLACE SAID
IMPROVEMENTS OR MAINTAIN THE SAME AND THE OWNER SHALL OR CAUSE TO BE
PAID TO THE CITY OF FORT COLLINS SUCH REASONABLE SUMS NECESSARY TO REIM-
BURSE 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. IF SAID BILLING IS NOT PAID, THEN
THE CITY OF FORT COLLINS PURSUANT TO THE AUTHORITY GRANTED BY THESE COVE-
NANTS, SHALL HAVE A LIEN ON THE ABOVE DESCRIBED PROPERTY AND IMPROVEMENTS
THERETO. SAID LIEN TO BE EXERCISABLE FY FILING A NOTICE OF SAID LIEN
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B2156 P1I99
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 COACHLIGHT PLAZA P.U.D. 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 IS 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, IT SUCCESSORS AND ASSIGNS, HEREBY EXPRESSLY RESERVE
THE RIGHT, WITH THE CONSENT OF THE CITY OF FORT COLLINS, COLORADO, TO AMEND
OR RESTATE THESE LANDSCAPE COVENANTS, BY INCLUDING THE PROVISIONS CONTAINED
HEREIN WITHIN THE PROTECTIVE COVENANTS FOR THE REAL PROPERTY PLATTED AS
"THE COACHLIGHT PLAZA P.U.O." WHICH REAL PROPERTY SHALL INCLUDE THE PROPERTY
SUBJECT TO "THESE LANDSCAPE COVENANTS.
DATED TH I S ,� JDAY OF-:/
OWNER COACHLIGHT PARTNE HIP
B Y G
�C
TITLE GENERAL PARTNER
ATTEST:
SECRETARY
STATE OF COLORADO
ss
COUNTY OF LARIMER
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
BY mc AS AND
AS SECRETARY 0
MY COMMISSION EXPIRES:
WITNESS MY HAND AND OFFICIAL SEAL.
NOTARY'LS`1
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