HomeMy WebLinkAboutFORT COLLINS VOLUNTEERS OF AMERICA, ELDERLY HOUSING - FDP - 14-01A - CORRESPONDENCE - LEGAL DOCUMENTSN''
foreclosure or other remedies existing pursuant to Colorado law for enforcement of liens against
real property and may also, at its discretion, without waving 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
"The C. orr i Final Plan" which real property shall include the property
subject to th a Covenant .
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DATED this OLU_ day of \ice" X a02- .
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Owner
By: 6V &,
Title: cue
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ATTEST:
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STATE OF C )
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OF LAW#" )
The foregoing instrument was cknowledge�}, before me this `a �D day of
2ft2 , by Ob l�n �c--LS�RRZ _ as . D
and ct'LeI I n as57=of
My Commission expires:Alta3c3�.Da
Witness my hand and official seal
Notary Public
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SITE AND LANDSCAPE COVENANTS
FOR f �rti
a, Por+;on o.f" Nic
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Situate In* Ra" a tai Aksf °� t 6 P. �►•�
City of Fort Collins, County of Larimer,
State of Col ra I
The undersigned, fee owner of �_r+ l ill • I G� l� �11'4 ?ire.• Final Plan (The
Property) located in the City of Fort Collins, County of Larimer, State o olorado, 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 plans 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 amenites within said Final Plan, 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, 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 or maintain the same and the owner shall pay or cause to be paid
to the City of Fort Collins such sums necessary to reimburse 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. 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
Eidos Architects, LLC
131 East Lincoln Avenue, Suite C Phone (970) 498-8400
Fort Collins, CO 80524 Fax (970) 498-8407
Date: August 29, 2002
Attention: Steve Olt
Company: City of Fort Collins Current Planning
Address: 281 North College Avenue
Fort Collins, CO 80524
Re: Volunteers of American Elderly Housing Project
City/State: Fort Collins, CO
Project No: 02025
nuantity hated
Item / De-crintinn
1 Si ed Co of the Site & Landscape Covenants
Letter of Transmittal
Via: Hand Delivery
For Shop Drawings / Submittals: ❑ No Exceptions Taken ❑ Note Markings
❑ Rejected ❑ Contractor Confirm
❑ For Your Use ❑ Contractor Resubmit
❑ For Your Review ❑ As Requested
Remarks:
By: Don Watkins
cc: Jennifer Thong