HomeMy WebLinkAboutHEARTHFIRE PUD, 1ST FILING - FINAL - 31-95D - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSenforcement 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, 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
amend or restate these Covenants, by including the provisions contained
herein within the Protective Covenants for the real property platted as
real as "Hearthfire P.U.D., First Filing" which real property shall
include the property subject to these Covenants.
Secretary
STATE OF COLORADO )
)as
COUNTY OF LARIMER )
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SITE AND LANDSCAPE COVENANTS
FOR
HEARTHFIRE P.U.D., FIRST FILING
A Tract of Land located in Section 30, Township 8 North,
Range 68 West of the 6t` P.M.
City of Fort Collins, County of Latimer,
State of Colorado
The undersigned, fee owner of the Hearthfire P.U.D., First Filing, (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 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, then the City of Fort Collins shall have the right (1) to obtain, in the district Court of
Latimer 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 foreclosure or other remedies existing
pursuant to Colorado law for