HomeMy WebLinkAboutHARMONY TECH. PARK, HEWLETT-PACKARD - FDP - 12-97D - SUBMITTAL DOCUMENTS - ROUND 2 - 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 "The
Harmony Technology Park, Second Filing Final Plan" which real property shall include the property
subject to these Covenants.
DATED this (A 01- day of July, 2001.
Owner:
Hewlett-Packard Company, _
a Delaware corporation
By
eve Stiesmeyer,
Colorado Site Operations Manager,
As Attorney -In -Fact For
Ann O. Baskins,
Vice President and General Counsel
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
SUBSCRIBED. AND SWORN to before me this 18 - day of July, 2001, by Steve
Stiesmeyer, as Attorney -In -Fact For Ann O. Baskin, Vice President and General Counsel, a
Colorado general partnership, as Grantor.
WITNESS my hand and official seal.
RHONDA R. McDONNE Notary Public
NOTARY PUBLIO
STATE OF COLORADO
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DEMMIlmmony Park\Sim & lands pe Covenants (1).doc
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SITE AND LANDSCAPE COVENANTS
FOR
HARMONY TECHNOLOGY PARK, SECOND FILING
City of Fort Collins, County of Larimer, State of Colorado
The undersigned, fee owner of Harmony Technology Park, Second Filing Final Plan (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 signatory to this
document and all successors or assigns of said signatory.
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 it's
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 Final Plan, 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, 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 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 judgments 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 waving any other rights it may have pursuant to law,