HomeMy WebLinkAboutCIMARRON PLAZA PUD - Filed OA-OTHER AGREEMENTS - 2003-07-07550493
M4 FEB 10 AM 11: 4 0
v
rJ170
COUNTY OF LARIMER
SITE_ AND LANDSCAPE CUL-NANTS
FOR
oTATE OF C/OILOR t DG
P.U.D.
Si tuate i n the l W, f,rc LYJ
City of Fort Collins,�nty of Larimer,
State of Colorado ,
The undersigned, fee owner of ,/ L�2 i°j a� ZZ4 P.U.D. (The
Propertyl located in the City of Fort Collins, County of Larimer, State of
Colorado., does here')y hake the following declarations as limitations,
restrict ons and a -,es to which the Property may be put, and hereby speci-
fies tha,-- these declarations shall constitute covenants to run with all of
the Property and shall ne 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 Prcpt,rty, this declaration being signed for the purpose
of guara-iteeing that the Property will be developed and landscaped ini-
tially and '<.�pt in desirable condition in tle future as herein specified.
"Owner" shall include the signator to this document and all successors or
assigns of said signator.
The landscape ii�prov2ments, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or con-
servation amenities, a- described in the site and landscape plans submitted
to the City )f Fort :.ollins and on record therewith shall be made and
installed in the manner :13 described in said plans unless amended pursuant
to the approval of the Cite of Fort Collins. With the exception of lands
necessary for construe*ion, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and ap-
proved 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 uti-
lized for buffering enercy 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 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 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 mane within ten (10) days after
receipt of billing. the sun due and unpaid shall accrue interest at the
statutory rate for judicments from the date that such sum is due. If said
billing is not paid, then the City of Fort �;ollins pursuant to the author-
ity 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 sa4d lif-i ,,a-iinst said property and improvements thereto; pro-
vided, however, th-it the City of Fort Collins shall not have a lien against
any single-fc:,mily lots and improvements tr.ereto within the Property, if
applicable. The (:ity of Fort Collins shall be entitled to all rights of
foreclosure or other rereiies existing pursuant to Colorado law for en-
forcement of liens aq:rs real property and may also, at its discretion,
without waiving any )+her rights it may have pursuant to law, proceed
directly with legal acticn ,against the owner, its assigns or successors in
interest, to collect p,3yi,ient of the reasonable amounts so expended pursuant
to the terms hereon.
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 tie provisions contained herein
within the Protective Covenants for the real property platted as "The
which real property shall include the property_
subject to these Covenants.
DATED this lam- day of f,,� 19&
Owner
ATTEST:
STATE OF COLORADO )
)ss
COUNTY OF LAR.IINER )
e
The foregoing instr!.�nert was acknowledged before
19 �, b' 1-2L a s
f f `c retory Of >�L
me this
4day of
a n d
My-ommission expires:
I LA; _ 11, 1986
Witness ,ny hand and official seal.
( /z�/wer_
No ary Public
-2-