HomeMy WebLinkAboutPROSPECT INDUSTRIAL PARK, LOT 15 - FDP - 28-98A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSI
rights it may have pursuant to law, proceed directly with legal action against the owner, its assigns
f 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 -
Prospect Industrial Park, Lot 15 which real property shall include the property subject to these
Covenants.
DATED this It day of , 1999.
Owner: Commercial Ventures LLC
By:
_ �Illtz 0
Co stance . Dohn
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
e fore oing instrument was acknowledged before -me this l�day of ,
199% by a.and as Secretary
of
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My Commission expires:
my hand and official seal.
SITE AND LANDSCAPE COVENANTS
FOR
PROSPECT INDUSTRIAL PARK, LOT 15
The undersigned, fee owner of Prospect Industrial Park, Lot 15 (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 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