HomeMy WebLinkAboutHARBOR WALK AT THE LANDINGS PUD - Filed OA-OTHER AGREEMENTS - 2004-08-09RCPTJ # 87020707 04/- ,.7 11:35:53 # OF PATE 2 FEE - $6.00
4 RODE4BER,ER, RECORDER - LARIdER COU M , CO STATE DOC FEE $.00
SITE AND LANDSCAPE COVENANTS
FOR
HARBOR WALK
Situate in the Harbor Walk P.U.D.
City of Fort Collins, County of Larimer
State of Colorado
The undersigned, fee owner of Harbor Walk 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 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 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, treesorshrubs) of
all "planted and landscaped" areas and other amenities within "said `.'�P.U.D.
together with all parking, sidewalks and open space areas and a1L ,.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 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 judgments 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 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
COPY FOtz f�ECOI�D! r\)&
City of Fort Collins shall be entitled to all rights of foreclosure or other
remedies 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 Harbor Walk P.U.D."
which real property shall. include the property subject to these Covenants.
DATED this day of "M 19-0 .
OWNER:
HMW Rea to Company,
a C orajd C ration
By:
Cy u oz, President
ATTEST:
" i/ /, /
Secretary
STATE OF COLORADO)
)ss
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this 30-� day of
by Cy Munoz as President and Robert K. hall as Secretary of HMW
Real Estate Company.
My Commission expires: ///3/yr0
Witness my hand and official seal.
Notary Public