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HomeMy WebLinkAboutDRAKE LANDING PUD - Filed OA-OTHER AGREEMENTS - 2003-07-316230'2 P 156 I 602488 E984DEC 17 M10:55 COUNTY OFIARIMER STATE OF COL ORADO SITE AND LANDSCAPE COVENANTS FOR DRAKE LANDING P.U.D. Situate in the S.E. 1/4 of SEC. 21, T7N, R69W City of Fort Collins�ntY_of Larimer, State of Colorado The undersigned, fee owner of DRAKE LANDING P.U.D. (The Property) located in the City of Fort Collins, County of Larimer, State of Colorado, does hereby ;,lake 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 cl3i-1in-1 under them, and for the benefit of and limitations on all future owners or 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 and '(2pt 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 be nade and installed in the manner as described in said plans unless amended pursuant to the approval of the City of Fort Collins. With the exc--tion of 13n�s necessary f-r construction, the owner shall cause the property i., tie developed ac,:ording to the site and landscape plan submitted to and ap- proved by the City of Fort Collins. It is further understood and aaret'; that the Owner of the Property, or its assigns or successors in i nterest, 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. tog,: -her with all parking, sidewalks and open space areas and all areas otherwise uti- lized for buffering energy conservation or other site amenity. Should the owner fai ll 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 B.2302 P 1 5i62 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 tnereto 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 ter—s hereof. The undersigned, its successors and assigns, hereby expressly reserve the rignt, with tie consent of the City of Fort Collins, Colorado, to amen,i or restate these Covenants, by including the provisions contained herein within the Protective Covenants for the real property platted as "The DRAKE LANDING P.U.D." which real property shall include the property su3ject to these covenants. DATED this 17thday of October .i_, i G, ecretgvy , "STNTE"OF COLORADO ) )ss COUNTY OF LARINER ) Owner ay Ti e The foreaoing instrument was acknowledged before me this 17th day of _October 1984 , by David G. Clarkson as President _ and Sharon IR. Ma ey r as Secretary of Wheeler Real ty_Company . My Commission expires: My Commission Expires July 25, i988 Witness my hand and official seal. Notary lYuol it - 2 - •.......