HomeMy WebLinkAboutCOURTYARDS AT MIRAMONT PUD, SECOND FILING - FINAL - 54-87U - LEGAL DOCS - SUPPLEMENTAL INFORMATION•
SITE AND LANDSCAPE COVENANTS
FOR
The Courtyards at Miramont P.U.D. Situate in the
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of The Courtyards at Miramont P.U-.D. _ _.
(The Property) located in the City" of Fort Collins, County o.f
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. 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 an 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 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
s
of--Fort-Collins for the labor and material expended to complete or
ntai-n-s_ -c r impravemerrt-s-w e-n-
(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 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
Tien against said property and improvements thereto; provided,
however, that the City of Fort Collins shall not have a Tien
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
nights 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 "The Courtyards at Mi ramont P.M. " which
real property shall include the property subject to these
Covenants.
DATED this day of �nz�__ , 19Ar.
Developer
By
EST:
President: Albrecht ompanies, Inc.,
ATT
-a Colorado Corporation
Secretary
The foregoing instrument was acknowledged before me this -3t-k day
of 199y, by G, d/,6ae.Aj as
and r s.4.r' /3.,..,a� as Secretary of Af,._." .....�, r
Ky .Commission expires: .sJ
Witness my hand and official seal.
Notary Pu. lic