HomeMy WebLinkAboutTHE COTTAGES AT MIRAMONT PUD, PHASE IV - FINAL - 54-87AD - LEGAL DOCS - SUPPLEMENTAL INFORMATIONSITE AND LANDSCAPE COVENANTS
FOR
The Cottages at the Mirmamont P.U.D-. Situate in the
City of Fort Collins,. County of Larimer-,
State of Colorado.
The.undersigned, fee owner o.f The Cottages at Miramont.P..U_.Q.__- _(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. 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 in
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 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 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.pur-suant 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 lien against said.property and improvements thereto;
a
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 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, Co.l.orado, to amend or
restate these Covenants, by including the provisions contained herein within
the Protective Covenants for the real property platted as "The. Cottages at
Miramont P.U.D. " which real.property shall include the property subject to
these Covenants.
DATED this day of 19FI2.
Develo e
Y
resident: Albrecht Companies, Inc.
A Colorado Corporation
The foregoing instrument was acknowledged before me this day of
, 19 , by - as and
as Secretary of
My Commission expires:
Witness my hand and official seal.
Notary Public