HomeMy WebLinkAboutMARTINEZ PUD - FINAL - 4-97A - LEGAL DOCS - LEGAL DOCUMENTSbe 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, 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 amended or restate these Covenants, by
including the provisions contained herein within the Protective Covenants for the real property
Platted as "The 911*, P.U.D." which real property shall -include the
property subject to these. Covenants.
DATED this day of 1 g
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoinc
Owner
By:
instrument was acknowledged before me this day of
19_, by as and
_ as Secretary of
My Commission expires: - - ( a9q
Witness my hand and official seal.
ROSE A. QOODMAN
NOTARY PUBLIC
STATE OF COLORADOxqwwww
-2-
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the.Ng lk 4p�-11) T''i'N IV
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of P.U.D. (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 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 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, 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 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