HomeMy WebLinkAboutDRAKE LANDING PUD - Filed OA-OTHER AGREEMENTS - 2003-07-316230'2 P 156 I 602488 E984DEC 17 M10:55
COUNTY OFIARIMER
STATE OF COL ORADO
SITE AND LANDSCAPE COVENANTS
FOR
DRAKE LANDING P.U.D.
Situate in the S.E. 1/4 of SEC. 21, T7N, R69W
City of Fort Collins�ntY_of Larimer,
State of Colorado
The undersigned, fee owner of DRAKE LANDING P.U.D. (The
Property) located in the City of Fort Collins, County of Larimer, State of
Colorado, does hereby ;,lake the following declarations as limitations.
restrictions and uses to which the Property may be put, and hereby speci-
fies that: these declarations shall constitute covenants to run with all of
the Property and shall be binding on all parties and all persons cl3i-1in-1
under them, and for the benefit of and limitations on all future owners or
all or part of the Property, this declaration being signed for the purpose of guaranteeing that the Property will be developed and landscaped ini-
tially and '(2pt 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 con-
servation amenities, as described in the site and landscape plans submitted
to the City of Fort Collins and on record therewith shall be nade and
installed in the manner as described in said plans unless amended pursuant
to the approval of the City of Fort Collins. With the exc--tion of 13n�s
necessary f-r construction, the owner shall cause the property i., tie
developed ac,:ording to the site and landscape plan submitted to and ap-
proved by the City of Fort Collins. It is further understood and aaret';
that the Owner of the Property, or its assigns or successors in i nterest,
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. tog,: -her with
all parking, sidewalks and open space areas and all areas otherwise uti-
lized for buffering energy conservation or other site amenity. Should the
owner fai ll 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, 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
B.2302 P 1 5i62
billing is not paid, then the City of Fort Collins pursuant to the author-
ity 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; pro-
vided, however, that the City of Fort Collins shall not have a lien against
any single-family lots and improvements tnereto 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 en-
forcement 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 ter—s hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the rignt, with tie consent of the City of Fort Collins, Colorado, to amen,i
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
DRAKE LANDING P.U.D." which real property shall include the property
su3ject to these covenants.
DATED this 17thday of October
.i_,
i G,
ecretgvy ,
"STNTE"OF COLORADO )
)ss
COUNTY OF LARINER )
Owner
ay
Ti
e
The foreaoing instrument was acknowledged before me this 17th day of
_October 1984 , by David G. Clarkson as President _ and
Sharon IR. Ma ey r as Secretary of Wheeler Real ty_Company .
My Commission expires: My Commission Expires July 25, i988
Witness my hand and official seal.
Notary lYuol it
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