HomeMy WebLinkAboutCIMARRON PLAZA PUD REPLAT - Filed OA-OTHER AGREEMENTS - 2003-07-07RCPTN # 86002632 01/15/86 10:33:31 # OF PAGES — 2 FEE — $6.00
J. ULVANG, RECORDF?R - LARIMER COUNTY, CO. DOC. FEE- $.00
SITE AND LANDSCAPE COVENANTS
FOR
Cimarron Plaza P.U.D. Situate in the
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of Cimarron Plaza P.U.D.
(The Property) located in the City of Fort Collins, County of Larimer,
State of Colorado, does hereby make the following declarations as limita-
tions, restrictions and uses to which the Property may be put, and hereby
specifies that these declarations shall constitute covenants to run with
all of the Property 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 the Property, this declaration being signed for
the purpose of guaranteeing that the Property will be developed and
landscaped initially and kept in desirable condition in the future as
herein specified. "Owner" shall include the signator to this document and
all successors or assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or conser-
vation amenities, as described in the site and landscape plans submitted to
the City of• Fort Collins and on record therewith shall be made and
installed in the manner as described in said plans 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 to be deve-
loped according to the site and landscape plan submitted to and approved by
the City of Fort Collins. It is further understood and agreed that the
owner of the Property, or its assigns or successors in interest, shall be
responsible! for the maintenance and care (including necessary replacement
of dead grasses, plants, trees or shrubs) of all "planted and landscaped"
areas and other amenities within said P.U.D. together with all parking,
sidewalks and open space areas and all areas otherwise utilized for buf-
fering energy conservation or other site amenity. 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 regard to
which default is asserted an 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 until it is fully rectified
or cured, then the City of Fort Collins shall have the right (1) to obtain,
in the District Court of Larimer County, Colorado, a mandatory injunction
requiring rectification of the default, or (2) 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 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. The
sum due and unpaid shall accrue interest at the statutory rate for judge-
ments from the date that such sum is due. If said billing is not paid,
ATTEST:
then the City of Fort Collins pursuant to the authority granted by these
covenants, shall have a lien on the above described property and improve-
ments 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 Property, if applicable. The City of
Fort Collins shall be entitled to all rights of foreclosure or other reme-
dies existing pursuant to Colorado law for enforcement of liens against
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 owner, its assigns 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 Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
Cimarron Pl,za P.M." which real property shall include the property sub -
ject to these Covenants.
DATED this I� day o 1ggr
Developer
B ANVi4tu
Thomas D.Murpr• III
ATTEST:
Secretary
The foregoing instrument y44s acknowledged b fore
19 by •rhitio �7l 1 7las
and as 'Secretary of
Mfg Cb i ss i on expires: Icy Commission Expues Jan. 31, 1989
Wit4ess-my hand and official seal.
No ary Public
me this /S- day of
BLUE "0" DEVELOPMENT CORPORATION,
a General Partnership
� �fl
Secretary im Lisren, General �Partne,L ,
The foregoing instrument was acknowledged before me this M. day'of
1985, by as General Partner o-f,
�Sl�if l5 c o�lo��rnF.c7'
y - ._" :B Wit ZiLft"t if 4nd d .V � Seal
�..,..� SQ
M Commission expires: MY Cam,..,.. _� -
o:ary Plil)lis —�—
RELEASE AGREEMENT
This Release Agreement made and entered into this 24th day
of October, _985, by and among Blue 0 Development, a general
partnership, ("Blue 0"), Arrowstone Development Corporation, a
corporation ("Arrowstone"), and the City of Fort Collins,
Colorado, a municipal corporation (the "City").
WITNESSETH:
WHEREAS, Blue 0 and Arrowstone have heretofore entered into
a contract for the purchase and sale of certain real estate
located in the County of Larimer, State of Colorado, legally
described as follows, to wit:
Cimarron Plaza P.U.D., being a replat of Cimarron Plaza
P.U.D. located in the Northeast Quarter of Section 27,
Township 7 North, Range 60 West of the Sixth P.M., City
of Fort Collins, County of Larimer, Colorado
("Property"); and,
WHEREAS, Blue 0, as current owner of the Property has been
required to enter into a Development Agreement and Site and
Landscape Covenants with respect to said Property by the City;
and,
WHEREAS, Arrowstone wishes to purchase the Property pursuant
to the terms and conditions of its contract with Blue 0 and to
undertake the development of said Property upon the sale and
transfer of title to Arrowstone by Blue 0.
NOW THEREFORE, in consideration of the mutual promises and
covenants of the parties, it is hereby agreed as follows:
1. Upon the sale and transfer of title to the hereinabove
referenced Property from Blue 0 to Arrowstone, the City agrees to
release Blue 0 from any and all of its duties, obligations and
representations pursuant to the Development Agreement and Site
and LandscapE! Covenants for Cimarron Plaza P.U.D. as aforesaid,
copies of which are attached hereto and incorporated herein by
reference.
2. In the event that no such sale or transfer of title to
the Property occurs, the City agrees not to enforce the terms and
obligations of the Development Agreement and Site and Landscape
Covenants unless and until application is made for a building
permit for the subject Property or construction of the utilities
on the Property is commenced thereon, whichever shall occur
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first. Arrowstone further represents and warrants that it has
not commenced construction of utilities on the Property nor has
it made application for any building permits thereon. Arrowstone
agrees that it will not do any further construction work on the
Property nor apply for any building permits thereon until the
sale and transfer of title to the Property as aforesaid.
3. Arrowstone further agrees that upon the sale and
transfer of title of the Property to Arrowstone, Arrowstone
assumes and agrees to be responsible for all terms, covenants,
conditions, and obligations of the Development Agreement and Site
and Landscape Covenants for the Property.
4. This Release Agreement shall be placed for record in
the office of the Clerk and Recorder of the County of Larimer,
State of Colcrado. All costs associated with such recording
shall be borne by Arrowstone.
BLUE 0 DEVELOPMENT, a general
partnership
1=7 -
Jim Listen, General Partner
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
ARROWSTONE DEVELOPMENT
CORPORATION
By: =
David J. Faes el, President
ATTEST:
Acting City Manager — City Clerk
APPROVED AS TO FORM:
ty torney
STATE OF COLORADO
) ss.
COUNTY OF;ku )
he forelo'ng in tr ment was acknowledged before me on this
day of , 1985 in the County of az h)(- l
State of Col ado, by Jim Listen, General Partner of Blue 0
Development.
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Witness my hand and official seal.
My Commission Expires: W*'`/y"`
Sig J
Address
STATE OF COLORADO )
ss.
COUNTY
The foregoing instrument was acknowledged before me on this
;/t day of ltq f 1985 in the County of
State of Colorado, by David J. Faestel, President of
Arrowstone Development Corporation.
Witness my hand and official seal.
My Commission Expires:
Notary Public
Address
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on this
day of , 1985 in the County of
State of Colorado, by ........................ acting
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City Manager of Fort Collins, Colorado, and
City Clerk of Fort Collins, Colorado.
Witness my hand and official seal.
My Commission Expires:
Notary Public
Address
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