HomeMy WebLinkAboutUPPER MEADOW AT MIRAMONT PUD, SECOND FILING - FINAL - 54-87I - LEGAL DOCS - SUPPLEMENTAL INFORMATIONITE AND LANDSCAPE COVEN os
FOR
The Upper- Meadow at Miramont Second Filing PUD
Situate in the E z of Section 1, T 6 N, R 69 W
City of Fort Collins, County of Larimcr, .
State of Colorado
The undersigned, fee owner of T_ he Upper Meadow at Miramont Second Filinc
P.U.D. (The Property) located in the City of Fort Collins, County 61` Larimcr,
State of Colorado, does hereby make the following declarations as limitations.
restrictions and uses to *which the Property may be out, and hereby specifics
that these declarations shall constitute covenants to run with ail of the
Property and shall be binding on nil 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 dcclnratiori being signed for the purpose of gunrnn-
tccing that the Property will be developed and landscnpcd 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 Inndscapc improvements, parking. areas, sidewalks, opcn spaces and site
amenities including, without limitation, energy generation or conscrvntion
nmcnitics, as described in th'e site and landscape plans submitted to the City of
Fort Collins and on record therewith shall be made 'and instnlicd in the
mn.nn.cr as described in said plans unless amended pursuant to the approval of
the City of Fort Collins. With the ' cxccption of lands necessary for construc-
tion, the owner shall cause the property to be developed according to the site
and lnnd.scnne plan submitted to and npprovcd by the City of Fort Collins. It
is rurthcr understood and agreed that the owner of the Property, or it's assigns
or successors In interest shall be responsible for. the maintenance and cn_ rc
(including necessary replacement of dead grasses, pinnts, trees or shrubs) of all
"planted and lnndscnpcd" areas and other amenities within said P.U.D., together
with nll pnrk.ing, sidcwniks and opcn space areas .and all areas otherwise
utilized for buffering energy conservation or other site amenity. Should the
owner fail in any res.pcct 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. dcfault until it is fully rectified or
cured, then the City of Fort Collins shall have the right(l) 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 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 pnymcnt shall be
made within tcn (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 grnntcd by these covenants, shall have a lien on the
above described property and improvements thereto. Snid lien to be ckercisnble
by filing a notice or. said lien against said property and improvements thereto;
provided, however, that the City of Fort Collins shall not hnvc a lien against
�K any single-family lots* and improvements thereto within the property, if
+ applicable. The. City of Fort Collins shall be cntiticd to all rights of
foreclosure or other remedies existing pursuant to Colorado law for cnforcc.
merit of liens against real property and may also, nt its discretion, without
waiving any other rights it mny have pursuant to law, proceed dircctl%• with
Icgnl action against the owner, its assigns or successors in interest, to collect
payment of the reasonable amounts so cXpendcd pursuant to the terms hereof.
The undersigned, its successors and assigns, hereby expressly reserve the
right, with the consent of tile. City of Fort Collins., Colorado, to nmcnd or
restate these Covcnnnts, by including the provisions contained herein within the
Protective Covenants for the real property platted as `The Upper Meadow at Miratnont Seconc
P.U.D." which real property shall include the property subject to these Piling
Covenants.
DATED this 1g - _ day of /%%,QCy 19 T3
0wncr QA,,' i;441i;, . ?�6-
By:
Title
ATTEST:
S rctnry
STATE OF COLORADO )
)ss
COUNTY OF LARIMER- )
The foregoing instrument was acknowledged before me this 4• 1 day
of Marc.'
19_3, by M rc_�ekr_` . 5 e- as cs" cn'l
and be
_ Ror�d as Secretary of _Qak_Fti►rw. 2-►,�,
My Commission expires: 0c-4 5 I q93
Witness .my hand and official seal.
N/btary Public
-2-