HomeMy WebLinkAboutCIRCLE K PUD - Filed OA-OTHER AGREEMENTS - 2003-07-31RCPTN # 86046585 08/20/86 13:49:04 # OF PAGES - 2 FEE -
J. ULVANG, RECORDER — LARIMER COUNTY CO. $6.00
STATE DOC. FEE— $.00
SITE AND LANDSCAPE COVENANTS
FOR
Circle K P.U.D.
Situate in the
City of Fort Coll ins�unty of Larimer,
State of Colorado
The undersigned, fee owner of Circle K P.U.D. (The
Property) located in the City of Fort Collins, County of Larimer, State of'
Colorado, does hereby snake 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 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 ini-
tially anal 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 con-
servation amenities, as described in the site and landscape plans submitted
to the City of Fort Collins and on record therewith shall by made anti
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 ap-
proved 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.O. together with
all parking, sidewalks and open space areas and all areas otherwise uti-
lized for buffering energy conservation o- 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 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
1
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 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 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 terms hereof.
.j
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
Circle K P.U.D." which real property shall include the property
subject to these Covenants.
DATED this .73,..dday of 19 �K
Owner
By
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF IARINER )
The foregoing instrument was ack owledT ed before me this day of
19 �G , by j� a n d
as Secretary o �w�t
My Commission expires: 1/�/�y
Witness ,.iy hand and official seal.
Notary Public
-2-
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 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 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 terms hereof.
.j
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
Circle K P.U.D." which real property shall include the property
subject to these Covenants.
DATED this .73,..dday of 19 �K
Owner
By
ATTEST:
Secretary
STATE OF COLORADO )
)ss
COUNTY OF IARINER )
The foregoing instrument was ack owledT ed before me this day of
19 �G , by j� a n d
as Secretary o �w�t
My Commission expires: 1/�/�y
Witness ,.iy hand and official seal.
Notary Public
-2-