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HomeMy WebLinkAboutWOODLANDS PUD - ADMINISTRATIVE CHANGE - 27-95 - LEGAL DOCS - LEGAL DOCUMENTSADDENDUM Not withstanding anything contained to the contrary in this instrument; (a) No Owner shall have any liability for any obligation under this instrument which accrues after said party has transferred or conveyed the Property to another party; (b) In the event of any default by Owner under the terms of this instrument, the City of Fort Collins shall concurrently with giving the Owner notice of such default as hereinabove provided, give written notice to any mortgagee or beneficiary of any deed of trust of record, and said parties shall have the same right to cure any such default as the Owner within the time hereinabove provided. e cnforca ncnt of liens against real property and may a:so, at its discretio l, + ithout v--iying any other rights it may have pursuant to Colorado law [. r caCor::r..ent Of liens against real property and May a'so• at its disretio t, without waiving any other rights it may have pursuant to ('w proceed direct:y with legal action against the owner, its assigns or successors in ,nterost, .o ol;cct payment of the reasonable amo;:nts so ezaended pursuant to the terns .,ereof. The undersigned, its successors and assigns, hereby expressly reserve the right, with the consent of the City of Fort Collins, Colorado, to amend rr res:a:e these Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as real as 'The subject to these Covenants. which real property shall include the property - See Addendum attached hereto and incorporated herein by reference. DATED this 14 day of May 19 96 Owner: Affordable Housing Partners of Fort Collins, B=:CfMael ft a . y, Inc. ' B -_ ta, President STATE OF CALIFORNIA ) )ss COUNTY of LOS ANGZES ) foregoing inst ument was ac ow •dge Wore me this _da) of 192. by as and as Secretary of MARINA My Commission expires: �la�lp�P ao OOMAL #90789933 = _ �iOS iva� =NTT C2 witness my hand and official seal. Yl►�b�,Mtte21.19�8 otary Public SITE AND LANDSCAPE COVENANTS FOR , ' WOODLAND APAR ENTS Situatedin the Northwest quadrant of South Shields Avenue and Harmonv City of Fort Collins, County of Larimer, State of Colorado , The undersigned, fee owner of Woodland Apartments (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 specifie!. that these declarations shall constitute covenants to run with all of the Property and shall be binding on all parties and all persons claiming untie: them, and for the benefit of and limitations on ail 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 is 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 is 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 othe,, aweiiitics 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, thr, City uf Fort Collins upon notifying saia 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 Cully rectified or -cured, then the City of Fort Collins shall have. the right (1) to obtain, in the district Court of Larimer County, CoInridn. a mand.irnry 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 he ext.rcisable by filing a notice of said lien against sa;d 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