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HomeMy WebLinkAboutJIFFY LUBE PUD - Filed OA-OTHER AGREEMENTS - 2004-08-11t:i\[ULJ N'li � b (1 woraiia MAR 5 1980 a',�,o E `r Q h. 3,5304 : P. 16W LANDSCAPE COVENANTS FOR JIFFY LUBE, P.U.D. WHEREAS, MAURICE O. GARTON and MARGUERITE K. GARTON (here- inafter referred to as "the Declarants") are the owners of that certain parcel of real property located in the County of Larimer, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference, and hereinafter referred to as "the Property"; and WHEREAS, the Declarants desire to provide for the mainten- ance of the landscaping of the Property as described and desig- nated in the Final Development Plan for Jiffy Lube, P.U.D. as approved by the City Council of the City of Fort Collins, Colorado (hereinafter referred to as "the Development Plan"). To this end, the Declarants desire to subject the Property to the coven- ants, conditions, restrictions, charges and liens hereinafter set forth. NOW, THEREFORE, the Declarants hereby declare that the Property shall be held, sold, conveyed, transferred, leased, subleased, and occupied subject to the following covenants, conditions and restrictions which shall run with the Property and which are for the purpose of protecting the value and desir- ability of the Property and every portion thereof and shall be binding upon all parties having any right, title or interest in the Property or any portion thereof, their heirs, administrators, successors and assigns and shall inure to the benefit of the owners thereof. 1. As used herein, the term "Owner" shall mean and refer to the record Owner, whether one (1) or more persons or entities, of the Property but excluding those having such interest merely as security for an obligation. "Owner" shall include the Declarants to the extent that, and only so long as, the Declarants own any portion of the Property. Jiffy Lube of Colorado, Inc., the Developer of -the Property, shall make and install all landscape improvements :in accordance with the Development Plan. The Owner shall be responsible for the continuous maintenance and care, in a good and husband -like manner (including necessary replacement of dead trees and shrubs), of all landscaping within the Property in accordance with the Development Plan. 2. In the event the City of Fort Collins shall determine that the Owner has failed to maintain and care for the land- scaping, within the Property in a good and husband -like manner in accordance with the Development Plan, then it shall so notify such Owner, in writing, who shall restore the landscaping in accordance with the Development Plan. If the Owner shall fail either to restore the landscaping in accordance with the Develop- ment Plan within thirty (30) days after receipt of such notice, or to commence such restoration within twenty (20) days after receipt of such notice and continue thereafter to use due dili- gence to complete such restoration, then the City of Fort Collins shall have the right to enter upon the Property and perform the work necessary to restore the landscaping in accordance with the Development Plan, and the Owner shall pay or cause to be paid to the City of Fort Collins such reasonable sums as are necessary to reimburse the City of Fort Collins for the labor and material expended by the City in restoring the landscaping in accordance with the Development Plan. Said payment shall be made to the EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE LANDSCAPE COVENANTS FOR JIFFY LUBE, P.U.D. REAL PROPERTY DESCRIPTION PARCEL 1: Tract A, University Shopping Center, in the City of Fort Collins, Colorado, according to the recorded Plat thereof. PARCEL 2: Commencing at the Northeast corner of Tract A, University Shopping Center, according to Plat filed in the office of the Clerk and Recorder of Larimer County, Colorado, thence N 00018' W 20 feet; thence S 89*49' W 170 feet; thence S 00*18' E 170 feet; thence N 89049' E 20 feet to the Southwest. corner of said Tract A; thence N 00018' W 150 feet to the Northwest corner of said Tract A; thence N 89*49' E 150 feet to the point of beginning.. County of Larimer, State of Colorado.