HomeMy WebLinkAboutSILVER OAKS PAIRED HOUSING PUD - FINAL - 14-88M - LEGAL DOCS - SUPPLEMENTAL INFORMATIONSITE .AND LANDSCAPE COVENANTS
FOR
Situate in the SE 4 of Section 28, Township 7 N, Range 69 W
City of Fort Collins, County of Larimcr,
Sta•tc of Colorado
The undersigned, fee owner of Silveroaks Paired Housing P.U.D.
P.U.D. (The Property) located in the City of Fort Collins, Countv of Larimcr,
State of Colorado, does hereby make the following declarations as limitations.
restrictions and uses to which the Property may be put, and hereby specifics
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 guaran-
teeing that the Property %vIIl be developed and landscaped initially and kept itt
desirable condition in the future as herein specified. "Owner" shall include the
signator to this document and ai; 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 dcscribcd in the site and landscape plans submitted to the Cit_v 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 construc-
tion, 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 Larimcr 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 duc 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 enforce-
mcnt of liens against real property and may also, at its discretion, without
waiving any other rights it may have pursuant to law, proceed directly «•ith
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 Citv 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 "The Silveroaks Paired Housing
P.U.D." which real property shall include the property subject to these
Covenants.
DATED this day o
ATTEST':
f , 19 q.
Own r =fiCi( �9rh1'�� ,
By. v�
Title
Secretary 2' RY
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STATE OF COLORADO ) y
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COUNTY OF LARIMER )
4he foregoing instrument foregoing iinns�t�rument was acknowledg before me thi
of 1 rL —, b' c�h, 1 p
My Commission expires: &.3LI, 97
Witness my hand and official seal.
Notary"Pub
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