HomeMy WebLinkAboutBENNETT ROAD BUNGALOWS - Filed OA-OTHER AGREEMENTS - 2003-05-27SITE AND LANDSCAPE COVENANTS
FOR
Situate in the in the Southeast % of Section 15, Township 7 North, Range 69
West of the Sixth P.M.,
City of Fort Collins, County of Larimer, State of Colorado
The undersigned, fee owner of Bennett Road Bungalows Final Plan (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.ther. 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 it's 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 Final Plan, 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 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 default until it is fully rectified or
cured, 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 forjudgements from the date that such
sum is due. If 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 waving 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 "The
Bennett Road Bung glows Final Plan" which real property shall include the property subject to these
Covenants.
DATED this day of
Owner
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
by as
and as Secretary of
My Commission expires:
Witness my hand and official seal.
-2-
Notary Public