HomeMy WebLinkAboutGATEWAY AT HARMONY ROAD PUD, 3RD FILING, LOTS 1 & 2, M & O TIRE AUTOMOTIVE - PRELIMINARY & FINAL - 1-88G - LEGAL DOCS - SUPPLEMENTAL INFORMATION 410
SITE AND LANDSCAPE COVENANT S
FOR
M&O Tire & Automotive Service Center PUD
Situate in the
City of Fort Collins, County of Larimer
State of Colorado
The undersigned, fee owner of M&O Tire & Automotive Service Center PUD (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., 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 waivingIan other rights it may
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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 e p.ended 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 "M&O Tire & Automotive Service Center PUD" which real property shall include the
property subject to these Covenants.
DATED this day of _ 1/11kei, 1995.
Owner:
By: �%/�
Title
ATTEST: 7
Secretary W hilt=SS
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this r Mel day of
SQ pleYnte-, 19 ct--by \., Bret i 4e rrr o as NeTT3_�?2 and
W�So_bos1, -. ,cllA�l as Seefetary of • •
vi r4��
My Commission expires: 43 ) C t
Witness my hand and official seal.
d21- "42
Notary Public
410 (110
DATED this //iet day of , 1995.
Owner:
.•
. ••-•
• . • • - :
: • • 1tle eteciiewr
T:-
Secre
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was aclalowledg,L)before me this /1 -1`-day of
w , 199:57 by />./ z XPkkA1,,, as and
(i> as Secretary of ,4^7,0-1)..t.),
My Commission expires: /17'a- c. cr,
Witness my hand and official seal.
........ _/
/Spry tiblic •
. '
(I ;
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