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HomeMy WebLinkAboutBOARDWALK AT THE LANDINGS PUD - Filed OA-OTHER AGREEMENTS - 2003-05-28(, 2 E 1 6 6 1981 i'l I: a 3) 82130 P1354 COUNTY CF STATE OF BOARDWALK AT THE LANDINGS P.U.D. FORT COLLINS, COLORADO OPEN SPACE MAINTENANCE COVENANT The undersigned, owners of Boardwalk at The Landings P.U.D., Fort Collins, Colorado, hereby covenants with the City of Fort Collins, Colorado, that in consideration of the approval of the plat of Boardwalk at The Landings P.U.D., the undersigned agrees to maintain all landscaping, parking areas, sidewalks and all other open spaces as shown on the plat of Boardwalk at The Landings 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 undersigned 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. 'OAq TEST : 41'4,A.,, 10ud1 , Secretary Developer: By: lorado limited partnership enthal, General Parth er LANDINGS, LTD., a Colorado limited partnership By: OSPRE a Colo o corporation By: Reid L. Rosenthal, President STATE OF COLORADO ) ss. COIF^%f,, LARIMER ) ° t� sforT,eg fiif, instrument was acknowledged before me this :�,.tr,Rcid L. Rosenthal, as General Partner, Boardwalk, Ltd., eSifr S ram, jrf ., General Partner, Landings, Ltd., and by Stephen �S�te� - Osprey, Inc. i ''n"arIA'tommission day of and asrPresident A. Dudley, expires: Notary Pubficy M! � J 1 t'6 U U ) IECLD(tUA .;,. _____._29_CVfa__ ,. !. ama AGREEMENT THIS AGREEMENT made and entered into this vl day of March, 1979, by and between THE LANDINGS, LTD., hereinafter referred to as "LANDINGS", BOARDWALK. LTD., hereinafter referred to as "BOARDWALK" and THE CITY OF FORT COLLINS, COLORADO, hereinafter referred to as "CITY"; WITNESSETH: WHERF;AS, Landings is the developer of the subdivision known as "The Landings" located within the City limits of the City of Fort Collins, Colorado; and WHEREAS, said subdivision has been given a P.U.D. classification by the City and as such is allotted a certain amount of commercial acreage located within said subdivi- sion; and WHEREAS, Boardwalk is now the owner of approximately six acres located within said subdivision and known as "The Boardwalk" which has been allotted as the commercial acreage for The Landings Subdivision; and WHEREAS, the parties have reached certain agreements concerning, the development of both the Boardwalk and the Landings subdivision and wish to set forth the terms of those agreements; NOW, THEREFORE, it is agreed, upon the exchange of mutual consideration, the adequacy and receipt of which is acknowledged by each of the parties hereto as follows: 1. The Landings hereby agrees that other than the commercial acreage allotted for the Boardwalk Subdivision, Landings will not request additional commercial acreage within The Landings Subdivision. 2. Boardwalk and Landings agree that no request shall be made of the City to issue building permits for any struc- ture located within the Boardwalk Subdivision until at least two points of access to adjoining roads have been installed in the Boardwalk Subdivision. BK19 PG000y 3. City agrees that Landings and Boardwalk shall have the right to develop the Boardwalk Subdivision in conjunction with and simultaneously with the development of the property surrounding the Boardwalk. IN WITNESS WHEREOF, and that this agreement shall be binding upon the undersigned and their successors in interest, the same has been made and entered into the day and year first above written. ATT T : �uty �='- •t�' 1 erK THE LANDINGS., LTD., a Limited Partnership BY: OSPREY HOMES INC., a Corporation eralr BY: (2 L- ReidL. Rosenthal, President By:( /"- Reid L. Rosenthal, Genera er THE C OF FOR COLLINS, COLORADO gf�'� C r] BY:- Qw�� w