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HomeMy WebLinkAboutCIMARRON PLAZA PUD REPLAT - Filed OA-OTHER AGREEMENTS - 2003-07-07RCPTN # 86002632 01/15/86 10:33:31 # OF PAGES — 2 FEE — $6.00 J. ULVANG, RECORDF?R - LARIMER COUNTY, CO. DOC. FEE- $.00 SITE AND LANDSCAPE COVENANTS FOR Cimarron Plaza P.U.D. Situate in the City of Fort Collins, County of Larimer, State of Colorado The undersigned, fee owner of Cimarron Plaza P.U.D. (The Property) located in the City of Fort Collins, County of Larimer, State of Colorado, does hereby make the following declarations as limita- tions, 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 conser- vation 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 deve- loped 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. together with all parking, sidewalks and open space areas and all areas otherwise utilized for buf- fering 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 an 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 judge- ments from the date that such sum is due. If said billing is not paid, ATTEST: then the City of Fort Collins pursuant to the authority granted by these covenants, shall have a lien on the above described property and improve- ments 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 reme- dies 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 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 Cimarron Pl,za P.M." which real property shall include the property sub - ject to these Covenants. DATED this I� day o 1ggr Developer B ANVi4tu Thomas D.Murpr• III ATTEST: Secretary The foregoing instrument y44s acknowledged b fore 19 by •rhitio �7l 1 7las and as 'Secretary of Mfg Cb i ss i on expires: Icy Commission Expues Jan. 31, 1989 Wit4ess-my hand and official seal. No ary Public me this /S- day of BLUE "0" DEVELOPMENT CORPORATION, a General Partnership � �fl Secretary im Lisren, General �Partne,L , The foregoing instrument was acknowledged before me this M. day'of 1985, by as General Partner o-f, �Sl�if l5 c o�lo��rnF.c7' y - ._" :B Wit ZiLft"t if 4nd d .V � Seal �..,..� SQ M Commission expires: MY Cam,..,.. _� - o:ary Plil)lis —�— RELEASE AGREEMENT This Release Agreement made and entered into this 24th day of October, _985, by and among Blue 0 Development, a general partnership, ("Blue 0"), Arrowstone Development Corporation, a corporation ("Arrowstone"), and the City of Fort Collins, Colorado, a municipal corporation (the "City"). WITNESSETH: WHEREAS, Blue 0 and Arrowstone have heretofore entered into a contract for the purchase and sale of certain real estate located in the County of Larimer, State of Colorado, legally described as follows, to wit: Cimarron Plaza P.U.D., being a replat of Cimarron Plaza P.U.D. located in the Northeast Quarter of Section 27, Township 7 North, Range 60 West of the Sixth P.M., City of Fort Collins, County of Larimer, Colorado ("Property"); and, WHEREAS, Blue 0, as current owner of the Property has been required to enter into a Development Agreement and Site and Landscape Covenants with respect to said Property by the City; and, WHEREAS, Arrowstone wishes to purchase the Property pursuant to the terms and conditions of its contract with Blue 0 and to undertake the development of said Property upon the sale and transfer of title to Arrowstone by Blue 0. NOW THEREFORE, in consideration of the mutual promises and covenants of the parties, it is hereby agreed as follows: 1. Upon the sale and transfer of title to the hereinabove referenced Property from Blue 0 to Arrowstone, the City agrees to release Blue 0 from any and all of its duties, obligations and representations pursuant to the Development Agreement and Site and LandscapE! Covenants for Cimarron Plaza P.U.D. as aforesaid, copies of which are attached hereto and incorporated herein by reference. 2. In the event that no such sale or transfer of title to the Property occurs, the City agrees not to enforce the terms and obligations of the Development Agreement and Site and Landscape Covenants unless and until application is made for a building permit for the subject Property or construction of the utilities on the Property is commenced thereon, whichever shall occur - 1 - first. Arrowstone further represents and warrants that it has not commenced construction of utilities on the Property nor has it made application for any building permits thereon. Arrowstone agrees that it will not do any further construction work on the Property nor apply for any building permits thereon until the sale and transfer of title to the Property as aforesaid. 3. Arrowstone further agrees that upon the sale and transfer of title of the Property to Arrowstone, Arrowstone assumes and agrees to be responsible for all terms, covenants, conditions, and obligations of the Development Agreement and Site and Landscape Covenants for the Property. 4. This Release Agreement shall be placed for record in the office of the Clerk and Recorder of the County of Larimer, State of Colcrado. All costs associated with such recording shall be borne by Arrowstone. BLUE 0 DEVELOPMENT, a general partnership 1=7 - Jim Listen, General Partner THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation ARROWSTONE DEVELOPMENT CORPORATION By: = David J. Faes el, President ATTEST: Acting City Manager — City Clerk APPROVED AS TO FORM: ty torney STATE OF COLORADO ) ss. COUNTY OF;ku ) he forelo'ng in tr ment was acknowledged before me on this day of , 1985 in the County of az h)(- l State of Col ado, by Jim Listen, General Partner of Blue 0 Development. - 2 - Witness my hand and official seal. My Commission Expires: W*'`/y"` Sig J Address STATE OF COLORADO ) ss. COUNTY The foregoing instrument was acknowledged before me on this ;/t day of ltq f 1985 in the County of State of Colorado, by David J. Faestel, President of Arrowstone Development Corporation. Witness my hand and official seal. My Commission Expires: Notary Public Address STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 1985 in the County of State of Colorado, by ........................ acting - 3 - City Manager of Fort Collins, Colorado, and City Clerk of Fort Collins, Colorado. Witness my hand and official seal. My Commission Expires: Notary Public Address - 4 -