Loading...
HomeMy WebLinkAboutCENTER GREENS AT SOUTHRIDGE GREENS PUD - Filed OA-OTHER AGREEMENTS - 2003-07-07SITE AND LANDSCAPE COVENANTS 1 U it CENTER GREENS Sitoat� in the SouthRidge Greens P.U.D. _ Citv of Fort Collins, County of Larrtncr, State of Colorado The undcrsigncd, fcc oti%'ner ofCenter.Greens at..So� I1Ri�fg�S�r riz P.U.D. (The Property) located in the City of Fort Collins, C:ounty of Larimer, State of Colorado, does hereby lttake the following declarations as limitations, restrictions and uses to Which the Property ni:t�� be plat, and hereby Specifics that these declarations shall constitute co�erlants to run with all of the Property and slanll be binding on all parties and all persons claiming under diem, 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 landscapcd initially and kept in desirable condition in tree future as herein specified. "Owner" shall include the signmor to this document and all successors or assigns of said signator. The landscape improvements, parkins; wrens, sidewalks, open Spaces tend site amenities including, without Iirllltation, 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 he made and installed in the manner as described in said plans unless am,cr,dcd pursuant to the approval cl- flee City of :Fort Collins. ti1'it11 the excel>tiolands necessary of Y for construction, the owner shall cause the property to be developed according to the site and landscape plan submitted to and approvcd 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 respunsiblc for the maintenance and care (including necessary replacement of dead g,'asses, pinnts, 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 owncr 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 al*tcr receipt of Such notice or to corttmence within twenty (20) days to rectify such default until it is fully rectified or cured, then the City or Fort Collins shall have the right (1) to obtain, in the district Court of Larimcr 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 shitutory rate for judgenients from the date that such sun" is due. If said billing is not paid, then the City of Fort Collins pursuant to the authority granted by th,;S", covenants, shall have a lien on the above described property and improvements thereto, Said lien to be exercisable by filing a notice of said lie n against said property and improvements thereto; provided, liowcver, that the City ol, fort Collins shall r.ot have a lien against any single Camily lets and improvcntents thereto within the property, if applicable. The City of Fort Collins sh—.ill be entitled to all rights of foreclosure or other remedies exiting pursuant to Colorado law for enforccmcnt 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 Cite 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 "The Center Greens(a l�ijt►iR_clgi2—Czr.eens--P-.U,p, " which real property shall include the property subject to these Covenants. 11 DATED this -e-_-day ofAreL L _ _ __ , 1911 . ATTEST: Secretary N0X1NNY/OR, /AX W)�P/ Owner: JAPAN PREFECTURE OF OSAKA )ss CITY OF OSAKA CONSULATE GENERAL OF THE I SS UNITED STATES OF AMERICA The foregoing instrument was acknowleclged before me this 25th day of March 19 91, by Tokushige Nakayama as president ----- ' of_ Midou Enterprises USA Inc_,. My Commission expires: Witness my hand and official seal.