HomeMy WebLinkAboutGREENBRIAR VILLAGE PUD FIRST FILING PRELIMINARY AND FINAL - 19 93A - SUBMITTAL DOCUMENTS - ROUND 2 - SUPPLEMENTAL INFORMATIONColorado 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.
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 "The Greenbriar Village P.U.D. First Filing" which real property shall
include the property subject to.these Covenants.
DATED this of August, 1993
Owner: Sundance Hills, F.C. Ltd.
By:
ff Iraughren, Pre 'dent
By:.
L.D. Stansbury, Sec. Tr60er
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARMIER )
The forgoing instrument was acknowledged before me this / day of August, 1993,
by L o v� l�*w as A? t-i ID VA ---I-- and
r S�4�sl��ny as Secretary of
My Commission expires: Mly Commisc on Expires -5-98
Witness my hand and official seal.
otary Public
-14
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the Northwest 1/4 of Section 1, Township 7 North,
Range 69 West of the 6th P.M.,
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of Greenbriar Village 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 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 Plans
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 to 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