HomeMy WebLinkAboutPROMONTORY - FDP - 32-99A - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTSassigns 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
Promontory which real property shall include the property subject to these Covenants.
DATED this l E41iday o, 20 09
;�,ecreiary
STATE OF COLORADO
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COUNTY OF LARIMER
By: itas Promontory, Inc.
WW rouy, President
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Thi foregoing instrument was acknowledged before me this day of iVDi/
20M by as tS!,CLt0,4, and as Secretary
of Loin off g
My Commission expires: 9•2(.-p'3
Witness my hand and official seal.
,�6ublic
SITE AND LANDSCAPE COVENANTS
FOR
PROMONTORY
The undersigned, fee owner of Promontory (the "Property") located in the City of Fort
Collins, County of Latimer, 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.D.P., 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, 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. 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 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