HomeMy WebLinkAboutDAKOTA RIDGE PUD SECOND FILING FINAL - 60 91J - LEGAL DOCS - SUPPLEMENTAL INFORMATIONSITE AND LANDSCAPE COVENANTS
FOR
Situate in the &Lk4c, Cob UJe dQe Cps. �'�t-!t
City of Fort Coll %s, County of La imer
State of Colorado
The undersigned, fee owner of_p464A- i�dge ���,TL (The Property)
located in the City of Fort Collins, County of La mer, 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 defaul-t-until--i-t i-s full-y --
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. tIf 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 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, 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 " j�p Q
" which real property shall include the property subjedl
to these Covenants.
DATED this / � day of Oa-7- , 199S
• Owner:
Title
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing i strument was acknowledged before me this day of
19 by�{y�,f �a /yl. ,c.as�{� and
as Secretary of
My Commission expires:
Witness my hand and official seal.