HomeMy WebLinkAboutFOUR SEASONS PUD THIRD - Filed OA-OTHER AGREEMENTS - 2003-11-12J u ���� 5 0 1 3 9 4 7 65 Tsai JnN -n AA ion 52
COUNTY OF LARPHER STATE OF COLON ADO
LANDSCAPE COVENANTS
For
TRACTS A, B & C, FOUR SEASONS P.U.D., THIRD FILING
Situate in the NW1/4 of Section 35, T.5N., R.69W., 6th P.M.,
City of Fort Collins, County of Larimer
State of Colorado
CHISM HOMES, INC., a Nevada Corporation, fee owner of Tracts A,
B & C of FOUR SEASONS P.U.D., THIRD FILING, 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 said tracts 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 tracts,
this declaration being signed for the purpose of guaranteeing that
said tracts will be landscaped initially and kept in desirable
condition in the future as herein specified.
The landscape improvements as described in the landscape plan
submitted 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 each Tract to be developed according to
the landscape plan submitted to and approved by the City of Fort
Collins. Landscape development of Tracts A, B & C shall commence
upon completion of the construction of homes on lots 140 through 147
of Four Seasons P.U.D., Third Filing. It is further understood and
agreed that the owner of said property, or its assigns or successors
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 Tracts A, B & C. 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 commence within twenty (20)
days to rectify such default and continue thereafter 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 neces-
sary 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. 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 Four Seasons P.U.D. The City of Fort Collins shall be
entitled to all rights of foreclosure or other remedies existing
pursuant to Colorado law for enforcement of liens against real property
and may also, at its descretion, without waiving any other rights
it: may have pursuant to law, proceed directly with legal action against
the owner, its assign 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 Covenant for the
real property platted as "The Four Seasons P.U.D." which real property
Shall include the property sub'lect to these Landscape Covenants.
DATED this / day of + 1980.
�_
CHISM HOM INC.
ATTE9T:
l
Ant
Secret�ty Pr.,.<,.. . ,.�....,.
STATE. O'F NEVADA
ss.
COUNTY OF CLARK ) <.
_.... ,'.. ,....
The foregoing instrument was'°'2'NRYPtiTiT�'Hg'2'8 '[ie"£ore' me this_19th_
day of December 1980, by—H.—A. Chism_ as President
and flarI=i e i Chian_.____ as Sec r tary of. CHISM DOMES, INC. 1
My Commission expires: 1
WITNESS my hand and official seal YL
v� u b I i c �'�