HomeMy WebLinkAboutBLOCK 77 524 WEST LAUREL STREET - Filed OA-OTHER AGREEMENTS - 2003-10-30J*1111n, MIN
LANDSCAPE COVENANTS
FOR
524 Wes t Laurel P.U.D.
Situate in the
City of Fort Collins, County of Larimer
State of Colorado .
Reid L. Rosenthal , fee owner of 524 West Laurel
P.U.D. located ,n the City of Fort Collins, County of Lari_m_e_r_T_ST_at_e__oT
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 installed 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.M. 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 or 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 pay 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 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 P.U.D. The City
of Fort Collins shall be entitled to a rig s o oreclosure 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 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 Landscape Covenants, by including the provisions contained
herein within the Protective Covenants for the real property platted as
"The �P4i�Pct I a�ref`•U•D." which real property shall include the property
subject to these Landscape Covenants.
DATED this 20 day of , 19W.
ATTEST'
ecrwcary
STATE OF COLORADO )
)SS
COUNTY OF LARIMER )
The foregoing_instrument was acknowledged before me thi .� day of
19, by ttSr.✓gol as end— and
as Secretary o
My Commission expires:
Witness my hand and official seal.
My Commission Expires March 2, V
1113 Stoney Hill Drive, Ft. Collins, CO 805,:
aA A
-2-
COMMERCIAL
COVENANT FORM
524 W Laurel P.U.D.
FORTLL N�, COLORADO
OPEN SPACE MAINTENANCE COVENANT
The undersigned, owners of 524 West Laurel_ P.U.D., Fort Collins,
Colorado, hereby covenants with t e C7ity of Fort Collins, Colorado, that in
consideration of the approval of the plat of 524 West Laurel P.U.D.,
the undersigned agrees to maintain all landscaping, parking areas, side-
walks and all other open spaces as shown on the plat of 524 West Laurel
P.U.D. and to keep said open spaces clean and in good repair.
In the event of the failure of the undersigned, or its assigns, to
keep said open space clean and in good repair, the City of Fort Collins,
upon 24 hours notice to the undersigned or its assigns, may proceed to
clean, repair or maintain said open space, and any cost expended by the
City of Fort Collins for such work shall be an obligation of the under-
signed or its assigns. Upon failure to pay for such work, the City of Fort
Collins may file a lien against said property, obtain a judgment against
the undersigned or its assigns, and foreclose said lien.
This shall be a covenant running with the land, and shall be binding
upon the undersigned and its assigns.
Dated this day of 19v2.
zor„rc ur wwrc„uu
ss
COUNTY OF LARIMER
The above instrumen WAS asJcnc
19Q2 , by r asu
ecre ary, ot.
Witness my hand and official seal.
My Commission expires:
ed before me this 60 day of
. as ���s_;,:� �- and
My Commission Expires March 2, 198S
i�l
1113 Stoney Hill Drive, Ft Collins, CO 811525 ary u b I tC