HomeMy WebLinkAboutHEARTHFIRE PUD, 2ND FILING - FINAL - 31-95E - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTS�e
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., Second
Filing" which real Property shall include the Property subject to these Covenants.
DATED this day of , 19
Owner:
By:
Title:
ATTEST:
By: _
Title:
STATE OF COLORADO )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of
as
19_, by_
and as
My Commission expires:
Witness my hand and official seal.
Notary Public
of
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SITE AND LANDSCAPE COVENANTS
FOR
HEARTHFIRE P.U.D., SECOND FILING
A Tract of Land located in Section 30, Township 8 North,
Range 69 West of the 6 ° P.M.
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of Hearthfire P.U.D., Second 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 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.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 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 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.
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