HomeMy WebLinkAboutSOUTH SHORES PUD - Filed OA-OTHER AGREEMENTS - 2012-01-19rk4UJL 1�GU y h
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PROTECTIVE COVENANTS
SOUTH SHORES - P. U. D.
REPLAT OF TRACTS "C" AND "D" OF SOUTHMOOR VILLAGE EAST
EVERITT ENTERPRISES, INC., a fee simple owner of the following
property located in the City of Fort Collins, County of Larimer, State
Of Colorado, the same being real
property platted as a replat of Tracts
licit and "D" of Southmoor Village East, Third Filing, City of Fort Collins
County of Larimer, State of Colorado, do hereby make the following declara-
tions as limitations, restrictions and uses to which the said tract may a
Put, and hereby specify that these declarations shall constitute covenants
to run with all of the above described land, provided by law, and shall be
binding to all parties and all
benefit on and limitations of allrsons futurelaiming owners ofall
them, and for the
tract, this declaration being signed for the 11 or part of said
o of guaran
said tract shall be landscaped initially and kept in desirableteeing condition
that
in theifuture as herein specified. tion
These landscape improvements as described in the landscape plot
plans submitted to the City of Fort Collins and on record therewith shall
be made and installed in the manner as described in said plan and as soon
as practical after initial development, unless amended pursuant to the
approval of the City of Fort Collins.
that the developer of said property, thetowneris uorhtheirer derstood and agreed
assigns
in interest shall be responsible for the maintenance and careor successors
luding
necessary replacement of dead trees or shrubs) of all planted andcland-
scaped areas as indicated on the landscape plot plans previously sub-
mitted to the City. Should the developer or owner fail in any respect
to comply with the terms of this agreement, the City of Fort Collins upon
notifying said Developer or owner in writing of the matters in regard to
which default is asserted and should the Developer or 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, then the City of Fort Collins shall have the
right to enter upon said property and perform the work necessary to re-
place said improvements or maintain same and the Developer or current
owner shall pay or cause to be paid to the City of Fort Collins such
reasonable 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.
If said billing is not paid, then the said City of Fort Collins pursuant
to the authority granted by these covenants shall have a lien on all
property and improvements thereto. The lien shall be exercisable by filing
a notice of said lien against said property and improvements thereto. 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
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real property and may also at its discretion without waiving any other
rights it may have pursuant to law,
proceed directly with legal action
against the Developer or current owner, their assigns or successors in
interest to collect payment of the reasonable amounts so expended
pursuant to the terms hereof.
to maintain that portion of Tracts "
� C" and "D" sh fined in red
on the attached Exhibit "All: I
nderstood that the remainder of
property will b y the City of Fort Collins and the City assumes
Dated at Fort Collins, Colorado, the /��
1980. --�- ____ day of
i
ON
EVERITT ENTERPRIS-gS,�INC
By:
Gerald R. H xton, Vice'President
ATTEST:
Steven R. Pfister, Ass't.
Secretary
�a CUJ PC d y 8
STATE OF COLORADO )
COUNTY OF LARIMER )
Subscribed and sworn to before me this
day of
-I C , 1980, by �-
President of Everitt Enterprises, Inc,
.w.
Witness my hand and seal.
My commission expires :"7";12 U d lam' 29 9 82--,x
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