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Home My WebLink AboutMAIL CREEK VILLAGE AT SOUTHRIDGE GREENS PUD REPLAT - Filed OA-OTHER AGREEMENTS - 2005-10-106225 i �107 1 `' ,r,i• - -.-, -,,.7n SITE AND LANDSCAPE COVENANTS FOR P.U.D. Situate in the ems— Qi�G,n �Qr� City of Fort Collins, County of Lariner, State of Colorado Mail Creek Villace The undersigned, fee owner of �)e0742( DC, (cQtreJSP.U.D. (The Property) located in the City of Fort Collins, County of La rimer, State of 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 !,apt 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 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 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 requi;r�ng 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 g2251 P0717 billing is not paid, then the City of Fort Collins purs;:ant to the cs-rcr- ity granted by these covenants, shall have a lien on the above descri;=: property and improvements thereto. Said lien to be exercisable by filing a notice of said lien against said property and improvements thereto; pr,- 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 rigs s 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 paynent of the reasonable amounts so expended pursuant to the terns 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 Mail Creek VillagP.U.D." which real property shall •include the property subject to these Covenants. DATED this/� day of 01 C- 1983 Owner ��QinL �2�oi=ATlati1 7 By J� ATTEST: l Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) - The foregoing instrument was ac o•,,+,l/edged before me this � day of 19�, by i«0 U41 as LO, J/ C/ and 2�QiN r as Secretary of Q�Z in/ CAD T10 My Commission expires: Witness ,ny hand and official seal. Notary Public -2- RCPTN # 87034377 0E3/1 15:27:04 # OF PA3ES FEE - M RODENBER3ER, RECORDER - LARIMER COUNTY, CO STATE DOC FEE $ ( . 00 $.00 SITE AND LANDSCAPE COVENANTS FOR MAIL CREEK VILLAGE P.U.D. Situate in the City of Fort Collins, ounty of LLrimer, State of Colorado The undersigned, fee owner of MATT. run.r.x vrrr.nr,F 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 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 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 sigrator. 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 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 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 ut- 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 `n regard to which default is asserted and should the owner fail ither 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 Air 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. 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 V�CII_U.D." which real property shall include the property 7e to these Covenants. DATED this 2_ day of 19� Owner BUCAIN CORPORATION By Tit e President ATTEST: Secretary STATE OF COLORADO ) )ss COUNTY OF LARIMER ) - The foregoing instrument was acknowledged before me this "� day of � 19' � _, b y Ci, �.��'�L ��-t'� as and as Secretary of My Commission expires: ,,_�_g� Witness ny hand and official seal,. Notary Pubic -2-