HomeMy WebLinkAboutPALMER DESIGN CENTER - FDP - 47-98A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSproceed 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
Palmer Design Center which real property shall include the property subject to these Covenants.
DATED this day of-I&A,41"1999.
Owner: Palmer Properties
By:
Spiro P er
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARWER )
The foregoi instrument was acknowledged before me this �� day of baaclL,
1.999, by ca , and as Secretary
My Commission expires: q-a(o-,j7
and official seal.
SITE AND LANDSCAPE COVENANTS
FOR
PALMER DESIGN CENTER
The undersigned, fee owner of Palmer Design Center (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.D.P., 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 alien
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,