HomeMy WebLinkAboutARBOR PLAZA PUD SECOND - Filed OA-OTHER AGREEMENTS - 2003-07-31RCPTN # 86070411 1' 3/86 11:34:09 # OF PA ; - 2 FEE - $6.00
J. 'JLVAN,, RECORI)ER — LARIMER COUNTY, CO. STATE DOC. FEE— $.00
SITE AND LANDSCAPE COVENANTS
FOR
BURGER KING AT ARBOR PLAZA P.U.D. (PHASE II)
Situate in the NE 1/4 of Section 2 TGNR 69
City of Fort Collins�ounty of Lorimer,
State of Colorado
BURGER KING AT ARBOR
The undersigned, fee owner of PLAZA PHASE II 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 limitations,
restrictions and uses to which the Property may be put, and hereby speci-
fies 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 ini-
tially 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 con-
servation amenities, as described in the site and landscape plans submitted
to the Ci'.y 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
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 o,-+ner 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 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 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 (l) 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 judgements from the date that such sum is due. If said
billing is not paid, then the City of Fort Collins 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 said lien against said property and improvements thereto; pro-
vided, 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 remedies existing pursuant to Colorado law for en-
forcement 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
URGER KING AT ARBOR PLAZA PHASE•11'P.U.Qhich real property shall include the property
subjecto these Covenants.
DATED thi 3` day of
ATTEST:
Vice President
Carl LaSalla
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
i9u,�
Owner
By
Ti e Vice President—WR fleaWws Pevaewkwrco.
David L. Nelson
The foregoing instrum t was ackno ledged before me the �y day of
by<< u.. �-e % .,� a s ?�- `� a n d
11y Commission expires:
Ali taess any hand and official seal.
Notar i - --
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