HomeMy WebLinkAboutHAMPSHIRE POND PUD FINAL - 44 93A - SUBMITTAL DOCUMENTS - ROUND 4 - SUPPLEMENTAL INFORMATIONagainst. real -property_ and-may_also,._ at_its_discretion,:without -waiving-any,y.other_rightsdt_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 "Hampshire Pond Final P.U.D." which real. property,.' shall include the property subject "
'to these Covenants.
DATED this day of v� , 1994. -
---Owner: .
B
Ti le : '. .
/,A'� .
ATTEST:
Secretary
STATE OF COLORADO ).
)s9
COUNTY OF LARMIER )
`Phe foregoing instrument was "acknowledged _before me- this �. day of
19by � , has . and
as Secretary_of1ew&.
—SITE AND LANDSCAPE -COVENANTS -
FOR
Hampshire Pond Final P.U.D. Plan
_Situ
ate in the
City t of For Collins -County of Larimer n.State fof. Colorado
The undersigned, ,fee owner of Hampshire Pond FWaFP.U.D.-(Thp 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 alLof the Property
and shall be binding on all parties and all persons claiming under them, and f6r. the benefit of
',-.and limitations on all future owners, of all or part of the Property, -this declaration being signed
-for the,pur rpose oLguaranteeing that the Property will be developed. and landscaped initially and
'kept undesirable cbnditioh in the future as herein specified. "Owner", shall include the,signator
to this document and. :all..sucressors,or- assigns of saidrsignator.
The landscape improvements; parking areas, sidewalks,, open spaces aad 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 irf'the manner as described in -said plans .unless amended pursuant to the
approval of the..City of Fort Collins."'Mith the exception of lands necessary for construction,
the owner. shall, cause..the property to be develop6d 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., ppen"'
space areas
-utiflied for buffdrini energy conservation
and all areas otherwise. on or other "site amenity. 'Should
.0.1he ownerJail-iuzarty-Tespect.to tomply.17with the terms of.-th& A:jreement,'.1h&..City--,bf -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 cute s 'aid -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*enterlupon 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 sumis 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'improvemehts thereto. Said
-lien to; be exercisable by filing a notice of said lien, against. said -property, and improvements
7
-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
without waiving any other rights it may have pursuant to Colorado law for enforcement of liens