LANDSCAPE REBATE AGREEMENT
THIS LANDSCAPE REBATE AGREEMENT (“Agreement”) will become effective as of the date of closing of the below listed real property. This Agreement is between The Legends Partners, LLC (“Seller”) and (“Buyer”).
RECITALS
A. Buyer has entered into a real estate contract to purchase the real property in Mesa County, Colorado (the “Property”) legally described as:
and commonly referred to as:.
B. The Property is governed by a Declaration of Covenants, Conditions and Restrictions for the Legends Subdivision (“Declaration”) which provides that certain landscaping must be installed after the purchase of a new or non-landscaped residence within the Legends Subdivision.
C. To help ensure the timely and aesthetically pleasing installation of landscaping within the Legends Subdivision, Seller wishes to offer a $1,000.00 rebate (the “Rebate”) to Buyer if Buyer installs his or her landscaping in accordance with Seller’s requirements.
D. Buyer wishes to accept the Rebate and install his or her landscaping in accordance with Seller’s requirements, as more fully described in this Agreement.
THEREFORE, in consideration of the Rebate and the mutual promises contained in this Agreement, the parties agree as follows:
TERMS
1. The terms of this Agreement are in addition to, and in no way supersede, the terms and conditions of the Declaration, except to the extent that the terms of this Agreement are more stringent than the Declaration.
2. As consideration for the Rebate, Buyer agrees as follows:
(a) Buyer shall meet all landscape plan requirements described in the Declaration including but not limited to submitting a plan and complying with all deadlines, subsequent Association Guidelines and or requirements and review comments by the Architectural control committee or its representative within forty five (45) days of the closing of the real estate contract for this property.
(b) Buyer shall incorporate into his or her landscape plan any additional requirements requested by Seller in writing within seven (7) days after approval of Buyer’s landscape plan by the Architectural Control Committee, as more fully described in the Declaration.
(c) Buyer shall complete all landscape installation within thirty (30) days after approval of Buyer’s landscape plan by the Architectural Control Committee (or by the following June 15 if the landscape plan was approved during the preceding November through March) in accordance with the landscape plan, as it may have been modified by Seller in accordance with this Agreement.
3. Buyer shall notify Seller in writing of completion of landscape installation. Within thirty (30) days after receiving Buyer’s notice, Seller shall inspect the Property. If the landscape installation has been completed in accordance with the Declaration and this Agreement, as determined by Seller in Seller’s sole and absolute discretion, Seller shall pay Buyer $1,000.00 within fourteen (14) days after Seller’s inspection.
4. In the event Buyer fails to install his or her landscaping in accordance with the landscape plan, the Declaration, and/or this Agreement, or if the Buyer begins landscaping prior to plan approval by the Association and the seller, Buyer waives and forfeits any and all rights he or she may have in or to the Rebate, and this Agreement shall terminate.
5. The termination of this Agreement as a result of Buyer’s failure to meet its terms and conditions in no way modifies or terminates Buyer’s obligations under the Declaration.
6. Wherever provision is made in this Agreement for the giving, service, or delivery of any notice, such notice shall be given by: (a) personal delivery, or (b) United States registered or certified mail, postage prepaid, addressed to the party entitled to receive the same at his or her address stated below; provided, however, that each party may change that party’s mailing address by giving to the other party written notice of change of such address in the manner provided in this Section 6.
7. This Agreement is not transferable or assignable.
SELLER: THE LEGENDS PARTNERS, LLC
______Date______Date______
Ronald A Abeloe, Manager Buyer P.O. Box 1765
Grand Junction, CO 81502 ______Date______
Buyer
Cwi docs sever h/ Legends/ landscape/6-02-05