HomeMy WebLinkAboutFAIRBROOKE PUD FIFTH - Filed OA-OTHER AGREEMENTS - 2003-07-31SITE AND LANDSCAPE COVENANTS
FOR
Situate in the northwest Quarter of Section 21, T7N, R69W
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of Fairbrooke P.U.D. 4th and 5th Filings
(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 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 conservation
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 developed 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 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 replace 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 authority 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; 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 remedies 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 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 real as "The
Fairbrooke P.U.D. 4th and5th" which real property shall include the property
subject to these Covenants.
DATED this 36- day of n, � ,. &-, 19c?! .
Owner:
By:
Title \;
ATTEST: /
j
/ Secre'ry
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me -this 16%'�day
of v , 19�, by T X ern .�Q. as ��;G� ?25���f
and Jjm�-j �TRI� as
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My Commission expires: 7 5q%3
Witness nay hand and official seal.
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Notary P lic