HomeMy WebLinkAboutCOLLINDALE PUD EIGHTY SEVEN - Filed OA-OTHER AGREEMENTS - 2003-07-31RCPm V #- 87026209 05/0E ;7 13 :19: 37 # OF PALES 2 FEE — $6 .00
A RDDEABERIER, RECORDER — LARIBIER COIIATY, CO STATE DOC FEE $.00
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the P.U.D.
City of Fort Collins, County of Larimer,
State of Colorado
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The undersigned, fee owner of l`/�O<(/,V11I r , 1?7 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 limitations,
restrictions and uses to width 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 genera ion 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.M. 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 distr!ct Court of Larimer County, Colorado, a mandatory injunction
requiring rectification of the default, or (2 ) —Lo enter upon said property
and perform the work necessary td 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 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 .`xzrcisable 5y 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-fa;nily lots and thereto within the property, if
applicaole. The City of FDrt Collins shall be entitled to all riyhts of
foreclosure or other re .iz7ies existing pursuant to Colorado law for
anf-,rce,nent of liens against real property and may also, at its discretion,
�,vithout waiving any other rights it may have pursuant to law, proceed
diractly wj--h legal action against the o,.,mer, its assigns or successors in
interest, to collect pav-ient of the reasonable amounts so expended pursuant
to the t`r7s hereof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amena
or restate these Covenants, by including the provisions contained herein
withi the Pr��ctive Covenants for the real property platted as "The
P.U.D." whic.n real property shall include the
property suoject tc these Covenants.
DATED this day of A , 19rr?
0,,-1 n e- r e4wzow -
Al;TEST:
/515-,,OAecretary
STATE OF COLORADO )
)ss
COUNTY OF
The foregoing instrument was acknowledged before me his .day of
L 19 by n�. �T,P'f i� a s
z�, a�.z r and
C, d5 SeCr�3tary o f7;1st
My Commission expires:
Witness my hand and official seal.
Notary Public