HomeMy WebLinkAboutCASA GRANDE PUD - Filed OA-OTHER AGREEMENTS - 2003-07-31RCPTN # 85043535 08/-10/85 13:27:13 # OF PAG.P^ — 2 FEE — $6.00
J. ULVANG, RECORDER - iRIMER COUNTY, CO. DOC. - $.00
SITE AND LANDSCAPE COVENANTS !f '
FOR
P.U.D.
Situate in the Casa Grande P.U.D.
City of Fort Collins, County of Larimer
State of Colorado
The undersigned, fee owner of Casa Grande P.U.D. (The Property) lo-
cated 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 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 in-
clude 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 limitations. energy generation or con-
servation 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 exceptions of lands
necessary for construction, the owner shall cause the property to be devel-
oped according to the site and landscape plan submitted to and approved
by the City of Fort Collins. It is further underst000d 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, and 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 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 (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 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 statuatory 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 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 with 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 enforcement of
liens agains real property and may also, at its descretion, without waiv-
ing 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 reinstate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
Casa Grande P.U.D." which real property shall include the property subject
to these Covenants.
DATED this 174 day of
Owner: Progressive Living Structures, Inc.
By
,Leo J. Sc uster, President
ATTEST:
David L. Pierce, Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this 1 7 1,4�- day of
19`F S , by Leo J. Schuster as President and David L. Pierce as
Secret ry of Progressive Living Structures, Inc.
My commission expires:
Witness my hand and official seal.
Notary Public