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HomeMy WebLinkAboutLANDINGS REPLAT - Filed OA-OTHER AGREEMENTS - 2004-08-13AGREEMENT Q THISAGREEMENTmade and entered into this day of 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, party of the first part, hereinafter sometimes designated as the "CITY" and THE LANDINGS, LTD., a Limited Partnership, party of the second part, hereinafter sometimes designated as "DEVELOPER"; WITNESSETH: WHEREAS, Developer is the owner of properties located in Section 36, Township 7 North, Range 69 West of the 6th P.M., said properties being more particularly represented as Warren Shores Third Annexation, Warren Shores Fourth Annexation and The Landings First Annexation, the official plats for which are on file in the office of the City Clerk; and WHEREAS, Developer has caused said properties to be annexed to the City and is now subdividing, improving and developing the same; and WHEREAS, the Developer desires to receive sanitary sewer service from the sanitary sewer utility of the City in connection with the development of The Landings, First Filing and The Landings, Second Filing; and WHEREAS, Developer has provided engineering services for the design of sanitary sewer lines to serve The Landings, First Filing and The Landings, Second Filing; and WHEREAS, said design provides for sanitary sewer gravity flow through the First Filing, thence through the Second Filing, in a general southeasterly direction toward a proposed sanitary sewer trunk line on Le -may Avenue north Harmony Road; and WHEREAS, the original engineering design determined that the First Filing and the Second Filing and the lands included in The Landings First Annexation could be adequately served with gravity flow sanitary sewer; and Exhibit B WARREN LAKE TRUNK PARTICIPATIVE ESTIMATES Summary A sanitary :sewer, from Rosenthal's west property line to the existing sanitary trunk sewer 1/2 mile east of Timberline Road, at the same grade as the proposed trunk line, sized to carry only wastewater from the proposed developments (as shown on enclosed map), would require: 2700 LF 10" @ $15.00 = $ 40,500 2300 LF 12" @ 18.00 = 41,400 3000 LF 15" @ 22.50 - 67,500 2600 LF 18" @ 27.00 = 70.200 Total $219,600 Say $220,000 Estimated Benefits Parcel "A" -• Benefited by 10,600 lineal feet of trunk to carry (212 + 10.7 - 26) x 2500 = 0.492 mgd (average daily) flow. Rosenthal - 186 acres = 94.4% Collopy - 11 acres = 5.6% Parcel "B" -• Benefited by 7,900 lineal feet of trunk to carry (217.2 x 2500) = 0.543 mgd (average daily) flow. Tiley and Day - 100% Parcel "C" -• Benefited by 3,800 lineal feet of trunk to carry (28 x 2500) - 0.070 mgd flow. Chandler - 18.3 + 6.4 = 24.7 acres = 88.8% Chadwick - 3.1 acres = 11.2% Parcel "D" -• Benefited by 2600 lineal feet of trunk to carry (36 x 2500) = 0.090 mgd flow. Yocky - Others - Parcel "E" - Benefited by 2600 lineal feet of trunk to carry (32.4 x 2500) = 0.081 mgd flow. Tiley - 100% Parcel "F" - Benefited by 2600 lineal feet of trunk to carry (40 x 2500) = 0.100 mgd Dawson and Tull - 100% Parcel "G" - Benfited by 2600 lineal feet of trunk to carry (40 x 2500) = 0.100 mgd Others - 100% Therefore total benefits - 32,700 LF and 1.476 mgd 32,700 LF - $110,000 = $3.364/LF 1.476 mgd - $110,000 - $74,526.00/mgd Therefore at $3.364/LF and $74,526.00/mgd Parcel "A" - 10,600 LF @ $3.364/LF = $ 35,658.40 (197 acres) 0.492 mgd @ $74,526/mgd = 36,666.79 Total $ 72,325.19 Parcel "B" - 7,900 LF @ $3.364/LF - $ 26,575.60 (217 acres) 0.543 mgd @ $74,526/mgd = 40,467.62 Total $ 67,043.22 Parcel "C" - 3,800 LF @ $3.364/LF = $ 12,783.20 (28 acres) 0.070 mgd @ $74,526/mgd = 5,216.82 Total $ 18,000.02 Parcel "D" - 2,600 LF @ S3.364/LF = $ 8,647.40 (36 acres) 0.090 mgd @ $74,526/mgd = 6,707.34 Total $ 15,453.74 Parcel "E" - 2,600 LF @ $3.364/LF = $ 8,746.40 (32 acres) 0.081 mgd @ $74,526/mgd = 6,036.61 Total $ 14,783.01 Parcel "F" - 2,600 LF @ $3.364/LF = $ 8,746.40 (80 acres) 0.100 mgd @ $74,526/mgd - 7,452.60 Total $ 16,199.00 Parcel "G" - 2,600 LF @ $3.364/LF = $ 8,746.40 (80 acres) 0.100 mgd @ $74,526/mgd = 7,452.60 Total $ 16,199.00 TOTAL $220,003.18 No Text z L -Ag;= DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS AND PROVISIONS FOR HOMEOWNERS' ASSOCIATION FOR THE LANDINGS THIS DECLARATION made this 20th day of October, 1977, by the undersigned, being all the owners and security interest holders of the property described in Article II of this Declaration, the owner, The Landings, I.td., a Limited Partnership, hereinafter referred to as "Developer"; these being the protective covenants referred to 1 in the plat of The Landings, First Filing, Larimer County, Colorado filed the 6th day of October, 1977, with the Larimer County Clerk and Recorder as being filed contemporaneously with said plat. WITNESSETH: WHEREAS, Developer desires to create on such properties described in Article II hereof a residential community with permanent parks, playgrounds, open spaces and other common facilities and ser- vices for the benefit of said community and desire to provide for the preservation and the values and amenities in said community for the maintenance of said narks, playgrounds, open spaces and other common facilities and services and to subject the real properties described in Article II, together with such additions as may hereafter be made thereto, as provided in said Article II, to the covenants, restrictions, easements, assessments and liens, hereinafter set forth, all of which is for the benefit of said properties and the owners thereof; and WHEREAS, the Developer has deemed it desirable, for the pre- servation of the values and amenities in said community, to create an agency to which it should be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions in collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, the Developer is in the process of incorporating a non-profit corporation, The Landings Homeowners' Association, Inc., for the purposes of exercising the functions aforesaid; NOW, THEREFORE, the undersigned declare that the real property described in Article II and such additions thereto as made hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed, encumbered and occupied subject to the covenants, restrictions, easements, assessments, charges, and liens hereinafter set forth: ARTICLE I DEFINITIONS 1. The following words when used in this Declaration or any Supplemental Declaration shall have the following meanings: a. "Association" shall mean and refer to The Landings Homeowners' Association, Inc. b. "The Properties" shall mean and refer to all existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof. C. "Common Properties" shall mean and refer to those areas, together with all improvements located thereon, shown on any recorded subdivision plat of the properties and intended by the Declarants to be devoted to the common use and enjoyment of the owners of the property. d. "Lots" shall mean and refer to any plot of land shown upon any recorded subdivision plat of the properties with the exception of the Common Properties as heretofore defined and if any such plot is divided or added to for a building site, then such building site shall he considered the lot. e. "Living Unit" shall mean and refer to any portion of a building situated upon the properties designed and intended for the use and occupancy as the residence by a single family. -2- f. "Multi -gamily structure" shall mean and refer to any building containing two or more living units under one roof, except when each living unit is situated upon its own individual lot. g. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot or living unit situated upon the properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until said mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. Similarly, a seller of the property under a recorded contract providing for specific performance, shall be considered a mortgagee for these purposes. h. "Member" shall mean and refer to all of those owners who are members of the. Association as provided in Article III, Section 1, hereof. ARTICLE II. PROPERTIES SUBJECT TO THIS DECLARATION: ADDITIONS THERETO Section 1. Existing Property. The real properties which are, and shall be held, transferred, sold, conveyed, encumbered, and occupied subject to this Declaration are described as follows: The Landings, First Filing, County of Larimer, State of Colorado, according to the plat thereof filed the 6th day of October, 1977 all of which real property shall hereinafter be referred to as "Existing Property." Section 2. Additions to ExistingT Properties. Additional lands may become subject to this Declaration in the following manner: a. Additions in accordance with a general clan of develcpment. The Developer, its successors and assigns as may be so designated, shall have the richt to bring within the scheme of this Declaration additional properties, including Common Properties, in future stages of development. -3- The additions authorized under this and the succeeding sub- sections, shall be made by filing of record a Supplementary Declaration of Protective Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such properties. Supplementary Declaration may contain such additions and modifi- cations of the covenants and restrictions contained in this Declaration as may be necessary to reflect a different character, if any, of the added properties, including, but not limited to, designating different voting rights, assessments, and related rights regarding the Association, and land use related to such added property; provided, such Supplementary Declaration shall not revoke, mcdifv, or add to the covenants established by this Declaration as regards the use of the property referred to as existing property above. b. Other Additions. Upon approval in writing of the Association, pursuant to a vote by its members as provided in its Articles of Incorporation or Bylaws, the owner of any property who desires to add it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions, as described in sub -section a. hereof. C. Mergers. Upon a merger or consolidation of the Association with another Association as provided in its Articles of Incorporation, its properties, rights and obligations mav, by operation of law, he transferred to another surviving or consolidated Association, or alternatively, the properties, rights and obligations of another Association may, by operation of law, be added to the properties, rights and obligations of the Pssociaticn as a surviving corporation pursuant to a mercer. The surviving or consolidated Association may administer the covenants and restrictions established by this Declaration with the existing property together with the covenants and restrictions established upon any other properties as one scheme. No such mercer or consolidation, however, shall effect the revocation, change or acdition to the ceveaan<s estab'_is:ad by this Declaration within the existing property except as herein provided. -4- ARTICLE III MEMBETZSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membershin. Every person or entity who is a record owner of a fee, or undivided fee, interest in any lot which is sub- ject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Section 2. Votina Piahts. The Association shall have two classes of voting membership: Class A. Class A members shall be all those owners as defined in Section 1. with the ex- ception of the Developer. Class A members shall be entitled to one vote for each lot in which they hold the interest required for mem- bership by Section 1. When more than one person ho:.ds such interest or interests in any lot, all such persons shall be members, and the vote for such lot shall be exercised as they among themselves determine, but in no event shad more than one vote be cast with respect to any such lot. Class B. Class B members shall be The Landings, Ltd., a Limited Partnership, as developer and such of its assigns and successors as it may designate. The Class B member shall be entitled to three votes for each lot in the properties in which it holds the interest required for membership by Section 1., provided that the Class B member- ship shallcease and become converted to Class A membership upon the happening of either of the following events, whichever first occurs: (a) when the total votes outstanding in the Class A membershin equal the total votes out- standing :in the Class B membership; (b) When the Developer elects to terminate its status as a Class B member. From and after the happening of whichever of these events occurs first, the Class B member shall be deemed to be a Class A member en- titled to one vote for each lot in which it holds the interest required for membership under Section 1. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES Section _. F-'c=ent.5„'','c` to the -5- provisions of Section 3., every member shall,..have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and pass with the title to every lot or living unit. Section 2. Title to Common Properties. The Developer may retain the legal title to the Common Properties until such time as, in the opinion of, the developer, the Association is able to maintain the same, but notwithstanding any provision herein, the Developer hereby covenants for itself, its successors and assigns, that it shall convey the Common Properties to the Association not less than 30 days after the date when the Developer is fee simple owner of less than 25% of the land area, exclusive of the common areas and dedicated streets and easements. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: a. The rights of the Developer and of the Association, in accordance with its Articles or Bylaws, to become indebted for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. In the event of a default upon any such mortgage, lender shall have the right, after taking possession of such properties, to charge reasonable admission or other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of the properties shall be returned to the Association and all rights of the members hereunder shall be fully restored; and b. The right of the Association to take such steps as are reasonably necessary to protect the above -described properties against foreclosure; and C. The right of the Association, as provided by its Articles or Bylaws, -to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and d. The right of the Association to charge reasonable admission or other fees for the: use of the Common Properties; and e. The right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as it may agree to, provided that no such dedication or transfer, deter- mination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by the members entitled to cast two-thirds (2/3) of the votes have been filed with the Association, agreeing to such dedication, transfer, purpose or condition, and unless written notice of a proposed agreement and action thereunder is sent to every member at least ninety (90) days in advance of any action; and f. The right of the Association to limit the number of guests of members and in circumstances under which guests may use the Common Properties. ARTICLE V. COVENPSIT FOR ASSESSMENTS Section 1. Creation of the lien and personal obligation of assessments. The Developer for each lot or living unit owned by it within the properties and all other present owners of any lot or living unit hereby covenants, and each other owner of any lot or living unit by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) Annual assessments of charges; (2) Special assessments for capital improvements; such z_sess7er.ts to =exec, estab__s___ and ccl'.ectad f_c;. tic0 _..._ -7- WHEREAS, an alternate design provides for gravity sewer through The Landings First Filing and The Landings Second Filing and extending under a box culvert at the Warren Lake Inlet and into a sanitary sewer lift station to be installed in the north- west portion of a future The Landings Third Filing; and WHEREAS, Developer has requested approval by the City of the alternate design which will include the installation of a lift station; and WHEREAS, the: City has agreed to approve the alternate de- sign and to grant taps on its sanitary sewer system upon certain terms and conditions and subject to certain agreements hereinafter expressed; NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed by and between the parties hereto as follows: 1. Developer agrees to provide engineering services for the design of a duplex sewage lift station complete including controls providing for an automatic alternator and further pro- viding for parallel pump operation. 2. Developer agrees to install a duplex sewage lift station at an approved location in the proposed Landings Third Filing, and provide access to said location. 3. Developer agrees to provide an auxiliary power source to the lift station For use in the event of a power failure. 4. Develcper agrees that said lift station will be permanently operated and maintained to the full satisfaction of the City utility department and at no cost to the City of Fort Collins. S. It is understood that the City shall expend no funds at this time or in the future under this agreement. 6.. The Developer agrees to comply with that provision of the City's ordinances and all other provisions of the City ordinances -2- - . . r I , , I as herein provided. The annual and special assessments, together with such interest thereon, and costs of collection thereof as provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and costs of collection thereof as herein provided, shall also be the personal obligation of the party who was the owner of such property at the time when the assessment became due. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the properties and particularly for the purchase, improvements and maintenance of the properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon the properties, including, but -not limited to, the payment of expenses incurred after the date hereof related thereto, including taxes and insurance, repair, replacement and additions thereto, and for the cost of labor, equip- ment, materials, management and supervision thereof. Section 3. Basis of Monthly Assessments. The Association shall establish the amount of assessments to be assessed against each member at the first meeting of the Association held for such purpose; notice of which thereof shall be sent to all members under the terms of the Association's Articles or Bylaws. Each owner shall be assessed a uniform rate based on an equal amount per lot owned; provided that the owners of unimproved lots shall be assessed, for each lot which such owner may own, an amount equal to not more than one-third of the amount per lot assessed against the owners of lots with living units thereon. Such assessments shall be established before the next successive year on or about the same date of each year thereafter. The Pssociat_on shall, ?,cn civi such netic_ as _ecuire_'. -8- establish such rates for each successive year thereafter; provided that such assessments shall remain at the same rate as exist at the time of any such meeting unless otherwise voted by two-thirds (2/3) of the members who vote in person or by proxy at such a meeting. The Board of Directors of the Association, if they determine that the maintenance costs and future needs of the Association are different than were anticipated at the time assessments were pre- viously fixed, may fix such assessment at a lesser amount. Section 4. Soecial Assessments for Capital Imorovements. In addition to the annua:_ assessments authorized by Section 3., hereof, the Association may levy a special assessment, applicable to the succeeding year only, for the purpose of defraying, in whole or in part, the cost of the purchase of any rights or the costs of any construction or reconstruction, unexpected repair or replacement of a described capital. improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that: any such assessment shall have the assent of two-thirds (2/3) of the votes of the members who vote in person or by proxy at a meeting duly called for this purpose. Written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Section 5. Assessment Pavm.ent Dates. (a) The annual assessment provided for hereunder shall commence on the date fixed by the Board of Directors of the Associ- ation and shall be due on such successive dates thereafter as shall be fixed by such BoarE. (b) The due date of any special assessment under Section 4. hereof shall be fixed in the resolution authorizing such assessment. Section 6. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the e nllr� nf �h.= ann^_.al assessrent 2o14nst each lot for each CM assessment at least thirty (30) days in advance for each assessment, and shall, at that time, prepare a roster of the properties and annual assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner Written notice of the assessment shall be sent to every owner subject thereto. The Association shall upon demand at any time furnish to any owner, mortgagee, or purchaser, a certificate in writing signed by an officer of the Associaton setting forth whether said assessment has been paid, or, if they are in arrears, the total amount owing as of the date of the certificate. Such certificate shall be con- clusive evidence of the status set forth therein in favor of any person relying thereon in good faith. Section 7. Effect of non-payment of assessement; the personal obligation of the owner; the 'lien; remedies of the Association. If the assessments are not paid on the date when due, then such assess- ment shall become delinauer.t and shall, together with such interest thereon and costs of collection thereof as hereinafter provided, thereupon become a continuing lien upon the property which shall bind such property in the hands of the then owner, his heirs, devisees, personal representatives and assigns. The personal obli- gation of the then owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to its successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquencv at the rate of twelve percent (12%) per annum, and the Association ray bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property, and this shall be added to the amount of such asses,s.ar.-, e... -.___.-c the plaint in such action, and in the event a judgment is obtained, such judgment -10- C'\ I U U� J v I � • shall include interest on the amount as above provided and a reasonable attorney':s fee to be fixed by the Court together with the costs of the action. Section 8. subordination of the lien to mortgages. The lien for the assessments provided for herein shall be subordinate to lien of any mortgage or mortgages now or hereafter placed upon the property subject to assessment; provided, however, that such subordination shall apply only to the assessment which have become due and payable prior- to a sale or transfer of such property pur- suant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve the property from liability for any assessment thereafter becoming due, nor from the lien of any subsequent assessment. Section 9. Collection of Assessments. It is the desire of the Developer that whenever possible the assessments to be charged to each landowner be paid on a monthly basis to the mortgage holder of said landowner, if' any. The Developer has contacted a number of lenders in the Fort Collins area who have agreed that they would be willing to collect. said monies and pay the same to the Association. Therefore, any purchaser of the property subject to these covenants agrees that if he is obtaining a loan to assist him with the purchase of said property, he will endeavor to have said loan set up so that the monthly assessments due the Association can be held in an escrow account by said lender, similar to the escrow accounts held for taxes and/or insurance and that upon collection of the assessments referenced above by said lender, the lender shall turn the same over to the Associaticn. Section 10. Exemnt Property. The following property is subject to this Declaration, shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined in .._t-c_e Section 1. ,.ereof; (c) all properties exempted from taxation by the laws of the State of Colorado, upon -11- the terms and to the extent of such legal improvements. Notwithstanding any provisions herein, no land or improvement devoted to dwelling use shall be exempt from assessments, charges or liens. ARTICLE VI. ARCHITECTURAL CONTROL COMMITTEE Section I. Committee. Until a substitute committee is named by the Board of Directors of the Association, Reid L. Rosenthal, Robert G. Butler, Jr., and William G. Albrecht, shall compose the Architectural Control Committee. Upon death, resignation, or failure for any reason of any of the above named three persons to serve as a member of such Committee, the Board of Directors of the Association shall designate a substitute member and in the event that all three members die, or are otherwise unavailable or fail to serve on such Committee, and those substitute members are named by such Board of Directors, then the Board of Directors of the Association shall be considered as the Architectural Control Committee. Section 2. Review by Committee. No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition, change or alteration, including, but not limited to, porches, antennas, backboards, lawns, landscaping, plantings and major and all other plannings and similar structures or additions, be therefore made, until plans and specifications showing the nature, kind, shape, size, height, materials, color, including landscaped trees, shrubs, plantings, fenced yards and street lighting, and a plot plan showing the location of the same on the particular building site have been submitted to and approved in writing by the Architectural Control Committee as to the propriety and adequacy thereof, including the harmony of external design and materials, colors, grading and location of improvement with respect to surrounding structures and topography. -12- In the event that such Architectural Control Committee shall fail to approve of such design and location within thirty (30) days after such plans and specifications have been submitted to it, or in any event, if no suit or enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with. The Architectural Control Committee, its successors or assigns, shall not be liable in damages to anyone so submitting plans for approval or to any owner or owners of lard covered by this instrument by reason of any mistake ii. judgment, negligence or nonfeasance of itself, its agents or employees, arising out of or in connection with the approval or disapproval or failure to approve any such plans. ARTICLE VII. OTHER P1AINTENANCE Section 1. Islands, "edian Strips. The green areas, plantings and aesthetically oriented improvements, including identifying or informational signs, located in portions of the dedicated streets of the properties referenced in Article II of this Declaration shall be considered part of the common properties for purposes of maintenance, repair and improvement, and all :ratters germane thereto. Section 2. Each owner shall grass, landscape and maintain at his own expense any structures or other areas of lot exposed to the public view in a neat and attractive manner, complying at all times with the ordinances of the City of Fort Collins in regard to such plantings and maintenance. Upon the sale of a residence by the contractor constructing the sane to the new owner thereof, said owner shall insure that the front yard of said property shall be sodded within thirty (30) days after the date of sale unless said sale is completed at a time of the year when sodding is not feasible. Jr. s,.rti an ;,.stance said scdding shall is completed within thirry -13- (30) days from the first date sodding is feasible after the transfer of the property has been made. For purposes of this Article, "front yard" shall be defined as that area of the real property extended from the street to the front corners of the structure built on said property. If there is a dispute as to which are the "front corners", the final decision as to which corners are the front corners shall be made by the Architectural Control Com- mittee. Section 3. Access. The owner of any lot, the building, the fence and improvements to which abut upon or are so close to an adjoining lot as to reasonably require entry upon such adjoining lot or the exterior of the living unit such lot for the purpose of performing owner's exterior maintenance to improvements on owner's first mentioned lot, shall after reasonable notice to the owner of such adjoining lot, and if necessary the roof and exterior of the living unit upon such lot, for the purpose of performing ex- terior maintenance upon the first owner's lot or living unit. ARTICLE VIII USES P-ND RESTRICTIONS Section 1. Land Use. No lot located within the property described in Article! II of this Declaration shall be used for other than the single family residential purposes. Section 2. Commencement of Construction. After a lot is deeded from the Developer to a new owner, the owner of said lot must begin construction of a dwelling or residence thereon within eighteen (18) months from the date of said conveyance and shall complete such construction with reasonable diligence. If the new owner does not begin; such construction., the Developer shall have the right to repurchase said lot at the original cost to the then owner thereof from such owner without interest. Section 3. Temporary Structures. No tent, trailer, camper, shack, as -ace cr ct;.e- cut `_wilding, or any temporary structure shall be used for human habitation during construction or any other -14- time. Section 4. Animals, Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, kept or bred upon any lot except -that dogs, cats or other household pets, as the same may be defined and in any number as may be determined by the Architectural Control Committee may be kept, provided the same are not kept, bared or maintained for any commercial purposes. Section 5. Vehicles. No boats, trailers, housetrailer, camper, or truck shall be stored on any lot or street within the subdivision, other than in a closed garage facility. Section 6. Storage. No tanks for the storage of gas, fuel, oil or any other matter shall be erected, placed or permitted above the service of the lot. All clothesline equipment, service yards, woodpiles or storage piles shall be screened and shall be located within the confines of enclosures, such as privacy fences or walls, located on the owner's property line, so as to conceal them from the view of the neighboring lots or streets. Section 7. Garbage and Trash Disposal. No trash burning shall be permitted upon any lots. All rummage and trash shall be promptly removed from the lot and shall not be burned in the sub- division. Each living unit shall have installed and shall keep in use an approved garbage disposal unit connected to the plumbing. Such unit shall be in operating condition whenever such living unit is occupied. Trash containers shall not be exposed to public view except on the day of trash collection. Section S. Businesses, Nuisances, and Signs. No retail, wholesale, manufacturing, repair, business or professional offices, or home occupations of anv kind, shall be permitted on any lot or in any living unit. No activity which may be or become an annoyance or nuisance shall be carried on upon any lot or in any living unit or anywhere on the properties. No signs, advertisements, billboards, or advertising strictures of any '<indnav be erected or ❑aintained -15- on the properties except as may be approved in writing by the Architectural Control Committee. Section 9. Resubdivision of Lots. No lot shall be resub- divided into smaller building sites, nor conveyed or encumbered in any less than the full original dimensions as originally con- veyed by the Developer. This restriction shall not prevent the conveyance or encumbrance of adjoining or contiguous lots or parts thereof in such manner as to create parcels of land having a greater street frontage than the street frontage on either of the lots shown on the subdivision plat from which such parcels are created. Nothing herein contained shall prevent the dedication or conveyance of portions of lots for additional easements for public utilities. Section 10. Common Properties. No owner shall place any damage or injure any of such properties. Further, no owner shall deny, directly or indirectly, free access to any part of the common properties to any member of the Association or any person authorized by the Association's Bylaws or regulations to be thereon. Section 11. Oil and Mining Cperations. No oil drilling, oil development operations, oil refining, quarrying, mining or extraction of minerals shall he permitted on any lot. No derrick or other structure designated for use in boring for oil or natural gas shall be erected or maintained upon any lot. Section 12. Building Location. Except as specified elsewhere in this section, no dwelling or other structure shall be located closer than 20 feet from a front street, 15 feet from a side street or 5 feet from the side property line. The Architectural Control Committee reserves the right to designate which streets are front streets, side streets and which property line of lots are side property lines. However, the Developer shall have the right to specify building envelopes for any of the lots platted in the existing property. Said `:,_ilding envelopes, if provided by the Developer, will specify boundaries for the particular lots inside which dwelling -16- or other structure must be constructed on the lots for which said building envelopes are provided. If a building envelope is provided for a particular lot„ the dwelling or other structure will only be subject to the boundaries of the building envelope and will not be subject to the set back restrictions set forth elsewhere in this paragraph. For any dwelling or other structure constructed in a building envelope and. within four (4') feet of any property line, the owner and/or occupant of said lot and dwelling or other structure shall have a three (3') foot easement along the property adjoining the lot line in question only to be used in the maintenance of the dwelling and other structure. If the Developer does not provide the building envelopes as set forth above, then the lots described above shall be subject to the set back restrictions set forth elsewhere in this paragraph. Section 13. Garages. Each residence shall have attached car garages for at least two cars but not more than three cars plus storage space. Carports shall not be allowed unless specific approval for the same is given by the Architectural Control Committee before any construction is commenced on said carport(s). Section 14. Dwelling Quality. All improvements shall be constructed of good and suitable materials of the first class workmanship. Section 15. Solar Homes. No unit shall be constructed so as to obstruct the solar collection system of long wave radiation from the sun installedin any structure either under construction or already completed. Section 16. Building Heicht. No structure shall exceed 35 feet in height from finished grade to maximum roof height. Section 17. Maintenance of Lots and Imnrovements. In the event an owner of any lot shall fail to maintain the premises and improvements situated thereon in a manner satisfactory to the Board of Directors, t-e "scc4__t_cn, a^prcval by t%c-thirds (2/3) vote of the Board of Directors, shall have the right, through its -17- applicable to the receipt of sanitary sewer service from the City sewer utility. 7. This agreement shall be binding upon both parties hereto, their heirs, successors or assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. THE CITY OF FORT COLLINS, COLORADO ATTEST: / By: Quay City Clerk CCU THE ATTEST: By: L Robert G. Butler, Jr., Re Secretary STATE OF CO:LORADO ) ) ss. COUNTY OF L),RIMER ) INGS, LTD., a Limited Partnership O' HOMES Corporation, , President The foregoing instrument was acknowledged before me this day of , 1977, by as City Manager and as City Clerk for The City of Fort Collins, Colorado, and Reid L. Rosenthal as President and Robert G. Butler, Jr., as Secretary of Osprey Homes, Inc., General Partner of The Landings, Ltd., a Limited Partnership. My commission expires: Notary Public -3- I V ; agents and employees, to enter upon said property and to repair, maintain or restore the unit and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior maintenance shall be added to and shall become a part of the assess- ment to which such unit is subject. Section 18. Easements. All easements for the installation and maintenance of the utilities and drainage facilities are reserved and shown on the plat. All such utilities shall be underground. No building or other structure shall be constructed, erected or placed upon any easement reserved for utilities, except fences. The easement area in each lot and all improvements in it shall be maintained continuously by the owner of the lot, except improvements for which public authority or utility company is responsible. ARTICLE XI. GENERAL PROVISIONS Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the lard, shall inure to the benefit of and be enforceable by the Association, or the owner of the land subject to this Declaration, their respective legal representatives, heirs, successors and interests and assigns, for a period of twenty-five (25) years from the date of this Declaration is recorded, after which time said covenants shall automatically be extended for successive periods of 15 years. Provided, however, these covenants and restrictions may be amended during the first threw_ (3) years by an instrument signed by the majority of the Board of Directors of the Association, and thereafter, by an instrument signed by not less than seventy-five percent (75%) of the owners of the lots. Any such amendment must be properly recorded. Section 2. Notices. Any notice required to be sent to any owner or member under the provisions of this Declaration shall be dee7ed =o hav— tscn _ rcperl7 sent 7,.= _ _i' e , pos`_acn_ , _ _= e_c, to the last known address of the person who appears as the member -18- or owner on the records of the Association at the time of such mailing. Section 3. Enforcement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restrictions, either to restrain violation or recover damages, and against the land to enforce any lien created by these covenants; and failure by the Association or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of a right to do so thereafter. Section 4. Severability. In validation of any one of these covenants or restrictions by judgment or court order shall in no way affect the other provisions which will remain in full force and effect. IN WITNESS WHEREOF, and this Declaration of Protective Covenants and Restrictions shall be binding upon the undersigned, their heirs, successors in interest, assigns, personal representa- tives and administrators, the same has been signed and executed the day and vear firstabove written. THE LANDINGS, LTD., a Limited Partnership BY: OSPREY HOMES a Corporation, AT S - �_tjeneraipartne' r Secre t5- Reid L. Rosenthal, President FIRST NATIONAL BANR,.F^r>\ Collins, - Colcraac �• .. BY: Richard L. Rule, Vice President, Mortgage Loan Department -19- Richard L. Rule, Vice President, Mortgage Loan Department -19- AGREEMENT THIS AGREEMENT is made and entered into this E4 day of f 1977, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, party of the first part, hereinafter sometimes designated as the "City", and J. THOMAS CHANDLER, T.K.G. INVESTMENTS, a limited partnership, LANDINGS LIMITED, a limited partnership, and COLLINDALE SOUTH, a partnership, parties of the second part, hereinafter sometimes collectively designated as the "Developers", and individually designated by name, WITNESSETH: WHEREAS, Developers are the owners of properties located generally in the South 1/2 of Section 36, Township 7 North, Range 69 West of the 6th P.M. and the South 1/2 of Sections 31, 32 and 33, Township 7 North, Range 68 West of the 6th P.M., the properties belonging to each of the Developers being more particularly described on Exhibit A attached hereto and by this reference made a part hereof; and WHEREAS, Developers intend to annex said properties to the City and to subdivide, improve and develop the same; and WHEREAS, these Developers desire to receive sanitary sewer service from the sanitary sewer utility of the City in connection with such development; and WHEREAS, the City has agreed to grant taps on its sanitary sewer system and to extend sanitary sewer lines to serve the properties of the Developers upon certain terms and conditions and subject to certain agreements hereinafter expressed. NOW, THEREFORE, in consideration of the premises and the terms of the within agreement, it is agreed by and between the parties hereto as follows: 1. The City agrees to extend a sanitary sewer line through the properties of the Developers in order to provide sanitary sewer service to such properties, such extension to consist of a sanitary sewer line located generally as shown on Exhibit B attached hereto and by this reference made a part hereof. 2. Developers agree to provide the necessary engineering services at their cost to properly and adequately install the line, such engineering services to include the following: A. Design of the line, including development of plans and specifications for the routing and installation of the line. B. Preparation of invitations for bid and all other documents necessary to bid the project in accordance with the City's requirements as a City project. C. Administration of the construction phase and construction documents (not including inspection services which will be provided by the City). All of such engineering work shall be subject to the approval of the City Water and Sewer Department and the City Department of Engineering Services. 3. Although the line is to be installed by the City, the Developers agree that the subject line will benefit their properties described on Exhibit A and the Developers agree to reimburse the City for a portion of the cost of installing the line, such reimbursement to be determined and made as follows: -2- A. In accordance with the provisions of paragraph 2 above, Developers shall pay all engineering costs (except inspection services) . B. Developers shall pay all costs of installing manholes in connection with the installation of the line. C. Developers will participate in the contract cost and other related costs of constructing this line in relation to the average daily wastewater flow in the line due to each individual development together with a factor based on the lineal feet of line required to serve each development as outlined on Exhibit B. Actual parti- cipation costs for 10", 12", 15" and 18" lines will be determined by dividing the unit price bid for 21", 24", and 27" line in place by the line size to determine an average cost per inch diameter in place and extending said unit price. Actual manhole costs shall be standard 48" manholes in place at all design locations as bid. Engineering costs and manhole costs shall be prorated over the entire project with the developer's portion being proportioned to the developer construction costs. 4. Landings Limited and Collindale South anticipate immediate development of their properties, and this has been a primary factor in the determination to construct the sanitary sewer line at this time. There- fore, it is agreed that Landings Limited and Collindale South shall pay twenty-five percent (25%) of the line installation cost and manhole cost attributable to their properties at such time as the line is installed, approved by the City, and available for use. Except for this initial twenty-five percent (25%) charge to these two Developers, the costs to be paid by the Developers shall be reimbursed to the City in phases as the lands are developed. So long as there is no development or change of the -3- use of the Developers' lands, no payment will be due. As the Developers' lands are developed, payment of the Developers' share of the cost of the line shall be made to the City with such payment to be the same percentage of that developer's cost as the percentage of his lands developed. Payment of the developer's cost shall be considered due upon approval of the final plat by the governmental body or upon filing a permit on any lands benefitted herein. Phase payments shall include payment for any open spaces incorporated into any development. In the case of Landings Limited and Collindale South, the 25% payments made initially shall be credited against the required phase development payments. Notwithstanding the fore- going, the full amount due from each developer to the City shall be paid within ten (10) years after the completion of installation and acceptance of the line by ithe City, even if development of the Developers' lands is not completed by that time. All payments made hereunder shall bear no interest if paid when due in accordance with the terms of the foregoing. 5. Each of the Developers hereby grants unto the City a lien on the lands of that developer to secure the payment of the amounts due from that developer ;pursuant to this agreement and, in the event of default by any developer of his obligations hereunder, such lien may be foreclosed against the property of that developer described herein as provided by law for foreclosure of real estate mortgages. 6. The City shall pay all costs of installation of the subject line not required to be paid by the Developers. The parties agree that the City shall be the owner of the line and the Developers shall have no right to reimbursement of any portion of their cost because of further extension of the line or connection to the line by any other party. The City may require reimbursement from other parties as a condition to allowing such other parties to connect to or further extend the line. -4- 7. The Developers agree to dedicate such easements as may be required for the purpose of installing the line across their properties. The parties contemplate that any easements required across the lands of any other party for the installation of the line can be negotiated and will be acquired by the Developers. The cost of any such easements shall be solely the cost of the Developers, except therefrom any costs incurred in obtaining Railroad and Highway crossing easements. In the event an easement is required across the lands of a third party which cannot be negotiated, the City agrees to use its powers of eminent domain for the purpose of establishing such easement; but the cost of such acquisition (including attorneys' fees and court costs) shall be a cost of the Developers which shall be payable as the costs are incurred and with each developer to share in such cost on the same basis as he shared in the cost of con- structing the line. 8. Collindale South and Landings Limited hold options to purchase the lands designated herein as owned by them. This agreement is contingent upon their exercising such options and either owning the lands or being contract purchasers of the same under a binding contract of purchase. It is understood that the City shall expend no funds under this agreement until such options are exercised. Each of the parties acknowledges that he is aware of the fact that the ordinances of the City require that a property owner agree to annex property to the City as a condition of service from a City utility. Each party agrees to comply with that provision of the City's ordinances and all other provisions of the City's ordinances applicable to the receipt of sanitary sewer service from the City sewer utility. -5- IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed the day and year first hereinabove written. ATTEST: City City Clerk By: THE CITY OF FORT COLLINS, COLORAD BYOj City Mana er THOMAS CHANDLER X-G. INVESTMENTS, Limited Par .7shi LIMITED, By CO LLINDALE SO A Partnership By: a, n