HomeMy WebLinkAboutDRAKE CROSSING SHOPPING CENTER (FIRST NATIONAL BANK DRIVE-UP) - AMENDED FINAL PUD - 35-96 - SUBMITTAL DOCUMENTS - ROUND 2 - LEGAL DOCUMENTSforeclosure 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��' L 'VP.U.D." which real property shall include the
property subject to these Co nants.C)—
DATED .this SL2-+n day of mac. "�w`%� 19 cj q
ATTEST
Secretary
PE
r NO ARy
IJ
t%F&'Cf
STATE OFCOLORADO )
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°-SEAL
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,���'�� ��NSi►�C��
Owner
Tit e 5
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me, this 2.5 day of
19 q'] by _R,G• Gur likscr% as Fy2c, ij, p,
and M. P�«.I, c: rti,as Secretary of Firs{ ;�. y,� „k
My Commission expires: /Z- 4-99.
Witness my hand and official seal.
SITE AND LANDSCAPE COVENANTS
FOR
Situate in .the v:i� Na�riara Q 'I A 4_- �i{n of �iV-� C �
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of r z t h4{h'o�.�Q wk 'P%r�or-• up P tip-- P.U.D. (The .
Property) located in the City of Fort.Collins, County of Larimer, State of Color do, 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, o.pen 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 be entitled to all rights of