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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-