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HomeMy WebLinkAboutHARMONY PUD - Filed OA-OTHER AGREEMENTS - 2004-08-10.0 L .� 6 8 1 U 1 , r J ri I964 r.i L.: ,. ! i.r i J SITE AND LANDSCAPE COVENANTS FOR Situate in the P.U.D. City of Fort Collins , ounty of Larrimer, State of Colorado Z' Zg 8Q The undersigned, fee owner of 1,0 (i W Property) located in the City of Fort Co D(The Tins, County of Larimer,Stateof Colorado, does hereby make 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 and %ept 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 ns and installed �in the manner tY of Fort oas�described ninesaid planseunlesshamended pudrsuant 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.D. together 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 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 82268 P1, 9 i b2mo1 billing is riot 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. 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 Protggctive Covenants for the real property platted as "The s je�wawlP.U.D." which real property shall include the property hese Covenants. DATED this 22 day of IS& , 19-8 Owner ATTEST: Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) - The foregol . ngiflstrumerA was ackno ledged before me his oc 7 7 ay of 19& byas . {- as and My Commission expires: 1-1- 301?6 Witness my hand and official seal. Notar P b fc -2- AGREEMENT AGREEMENT made this 27th day of Februar 1984. BY AND BETWEEN fieMAR MEADOWS, INC. , a Colorado,%/,yV,'/,,`« corporation, and ALMA H. WEST (Near) f'1'y� AND RONALD N. GISELMAN (Giselman). STATEMENT OF BACKGROUND INFORMATION A.-N.&Rar-"owns property to the north and east of property being developed by Giselman. The legal description of the property owned by Nomar is described on Exhibit A attached hereto and made a part hereof. The property which Giselman has an option to purchase and which Giselman is developing is described on Exhibit B attached hereto and made a part hereof. B. There is an irrigation ditch across the Nemar property and this ditch also is across the property being developed by Giselman. The ditch will be located under the street of Kensington Drive'n the rogerty being developed by Giselman. C. bWmpar iS concd`rned about the maintenance of said irrigation ditch so that the flow of water through the ditch on the property being developed by Giselman does not affect the use ti c:yr�<'.ye•�1�%'� k' of the ditch for irrigation purposes by-Homar. Therefore, the parties agree as follows: STATEMENT OF AGREEMENT 1. Giselman agree to pa the costs that otherwise would be incurred by 43emar for any )epair, replacement, maintenance and cleaning of the irrigation structures under the proposed 6'�',CM.Q.E' •vl�d Z . y�// � � Kensington Drive. This agreement to pay the costs of -tdemar onl applies to the portion of the costs applicable to the development known as the Superior Datsun P.U.D. The repair costs relate to costs incident to demolition of street pavement or replacement or repair of the irrigation structure under the pavement. The rights and obligations of this Agreement are deemed to touch and concern the :land described in Exhibit A and burden the land described in Exhibit B 2. *".:mat agrees to sign the original copy of the Utility Plan for the Superior Datsun P.U.D. and permit the Utility Plan to be filed with the appropriate authorities. 3. If the ditch is abandoned then this agreement shall no longer be binding or of any effect. 4. This Agreement is contingent upon Giselman's closing on the purchase of the land described in Exhibit B. 5. This Agreement and all questions arising in connection herewith shall be governed by and construed in accordance with the laws of the state of Colorado and proper venue and jurisdic- tion regarding any question related to the rights of the parties hereunder shall be solely in Larimer County. 6. In the event any provision hereof is determined by a court of proper jurisdiction to be invalid or unenforceable, such provision may be severed or modified to the extent necessary to make it valid and enforceable, and the other provisions hereof shall remain fully effective and binding on the parties hereto. 7. This instrument embodies the entire agreement between the parties, supersedes all prior agreements and understandings, if any, relating to the subject matter hereof, and may be amended only by an instrument in writing executed jointly by an author- ized officer or agent of each party hereto, and supplemented only by documents delivered or to be delivered in accordance with the express terms hereof. 8. In the event of breach hereunder, the prevailing party may recover, in addition to all other damages, the reasonable attorneys' fees incurred in enforcing this Agreement or for recovery of damages. 9. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and their respective heirs, legal representatives, successors and assigns. Signed in duplicate originals the date first above written. -NOMAR MEADOWS, INC. and ALMA H. WEST c > By ���/ 7 �y Tart n W t Ronald Giselm n -2- EXHIBIT A Considering the South line of Section 36, Township 7 North, Range 69 West of the 6th P.M. as bearing North 89153' East, and with all bearings herein relative thereto; Beginning at a point on the East line of the right of way of State Highway No. 1 (also designated as U.S. Highway No. 87) which point bears North 89053' East 40.00 feet, and again North 00004�' West 1,318.90 feet from the Southwest corner of the said Section 36, being a point on the North line of the Sh of the SW;, thence South 00004�' East 150.00 feet, thence North 89053' East 1,452.00 feet; thence North 00' Nest 150.00 feet to the North line of the South one-half (S 1 2) of the Southwest Quarter of said Section, thence South 89°53' West 1,452.00 feet to the point of beginning, Larimer County, Colorado. � 66_cll: A -ract of lane located In the SEI/a of Section 3% T_.nsnio ' North, Barge 69 West, Of the 6th P.m., Clty of Fort Collins, County of Lar:rer. State of Colorado, being .,ore osrticul Yly described as follows: Cansleering the Scutt lire of the SE I/a of said Section 35 as tearing %di653000"If and with all :aarinss contelnad heroin relative rnorerol C_•-encing at r-e SC4t`edST Corer of sale Se:tloo 35. thane* along the >alc South II-s 'd9'i313C"W, 15:.2C feet to tna Point of 9*glnning of said rraCT Of Iand. ''enca. '.Ei053'0C'e. 419.46 rest; tnenca N01'001CC"E, 30.00 'ear to the sx-neast corner of a -Tact of land recorded with ra LarlTer County Clerk and ;ecorcer In lope 1577, Fag* 712; thence •tong the east I no of said tract of Iona 401.0C'OC'E. 531.03 'set to a potnt as tn* south Ilse of FCssll Creak CY-e•cial �Iaia, a subdivision recur OeC vita eke :ar leer. County Clark and ;ecxaar In ?ook 1905. Page 546; t»nca. S89'531130E. 232.27 feet to the southwest corner of a /roct of land recorded •its the. Lorimar. County Clark and Recorder In flock 22", Page 14191 tn*nce 400.021000E, 50.00 feet;- tbanc* S89'331130E. 26S.04 feet; tnance 23.59 test al onq the arc of a curve to rho Isft, shod ventral, angle, lr 90605 Ws. real us of 15.00 fast, and who lost chord pears, Nl3.03'5a"1, 21.23 If to the .*starlj right -of -.ay, of U. S. M4heay No. 287; tMnca slang se Westerly right -of -ray, S00'019000e, 4/4.67 footl thence Sa5.'0a'30"l1. 161. teerl thence S00.02100N, 31.40 feet.te the Point of e*glnning'. The above described tract contains 6.202 acres, more or less. w. wl, Y