Common use of Vacation of Final Plat Clause in Contracts

Vacation of Final Plat. Failure of the Developer to complete construction of the public and other on-site and off-site Subdivision improvements required by this Agreement within the times provided herein and following the delivery of the notice described in subsection 19.1 hereof and the expiration of the thirty (30) day time period described in subsection 19.1 without cure by the Developer, the vested property rights associated with the Subdivision Final Plat and this Agreement shall be forfeited. Upon such an event, the City Council of the City of Fruita may enact an ordinance vacating the Subdivision Final Plat and upon the effective date of such ordinance, the Subdivision and any permits issued in connection therewith shall be null, void, and of no effect. The Developer shall then be prohibited from granting, selling or conveying any additional lots within the Property. All property rights dedicated to the City of Fruita for public purposes shall remain the property of the City and shall be considered liquidated damages. Provided, however, vacation of the Subdivision Final Plat shall not affect (a) the annexation of the Subdivision to the City; (b) the prior conveyance of any lots or parcels within the Subdivision; (c) any right arising from other City permits, approvals or other entitlements for the Subdivision which were granted or approved prior to, concurrently with, or subsequent to the approval of the Subdivision Final Plat; or (d) the parties’ rights pursuant to subsection 22.5 below. APPROVAL OF THE SUBDIVISION FINAL PLAT AND THIS AGREEMENT CREATES A VESTED PROPERTY RIGHT PURSUANT TO SECTION 00-00-000, C.R.S., AS AMENDED.

Appears in 3 contracts

Samples: Fruita Subdivision Improvements Agreement, Improvements Agreement, Fruita Subdivision Improvements Agreement

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Vacation of Final Plat. Failure of the Developer to complete construction of the public and other on-site and off-site Subdivision improvements required by this Agreement within the times provided herein and following the delivery of the notice described in subsection 19.1 18.1 hereof and the expiration of the thirty (30) day time period described in subsection 19.1 18.1 without cure by the Developer, the vested property rights associated with the Subdivision Final Plat and this Agreement shall be forfeited. Upon such an event, the City Council of the City of Fruita may enact an ordinance vacating the Subdivision Final Plat and upon the effective date of such ordinance, the Subdivision and any permits issued in connection therewith shall be null, void, and of no effect. The Developer shall then be prohibited from granting, selling or conveying any additional lots within the Property. All property rights dedicated to the City of Fruita for public purposes shall remain the property of the City and shall be considered liquidated damages. Provided, however, vacation of the Subdivision Final Plat shall not affect (a) the annexation of the Subdivision to the City; (b) the prior conveyance of any lots or parcels within the Subdivision; (c) any right arising from other City permits, approvals or other entitlements for the Subdivision which were granted or approved prior to, concurrently with, or subsequent to the approval of the Subdivision Final Plat; or (d) the parties’ rights pursuant to subsection 22.5 below. APPROVAL OF THE SUBDIVISION FINAL PLAT AND THIS AGREEMENT CREATES A VESTED PROPERTY RIGHT PURSUANT TO SECTION 00-00-000, C.R.S., AS AMENDED.

Appears in 1 contract

Samples: Fruita Subdivision Improvements Agreement

Vacation of Final Plat. Failure of the Developer to complete construction of the public and other on-site and off-site Subdivision improvements required by this Agreement within the times provided herein and following the delivery of the notice described in subsection 19.1 hereof and the expiration of the thirty (30) day time period described in subsection 19.1 without cure by the Developer, the vested property rights associated with the Subdivision Final Plat and this Agreement shall be forfeited. Upon such an event, the City Council of the City of Fruita may enact an ordinance vacating the Subdivision Final Plat and upon the effective date of such ordinance, the Subdivision and any permits issued in connection therewith shall be null, void, and of no effect. The Developer shall then be prohibited from granting, selling or conveying any additional lots within the Property. All property rights dedicated to the City of Fruita for public purposes shall remain the property of the City and Cityand shall be considered liquidated damages. Provided, however, vacation of the Subdivision Final Plat shall not affect (a) the annexation of the Subdivision to the City; (b) the prior conveyance of any lots or parcels within the Subdivision; (c) any right arising from other City permits, approvals or other entitlements for the Subdivision which were granted or approved prior to, concurrently with, or subsequent to the approval of the Subdivision Final Plat; or (d) the parties’ rights pursuant to subsection 22.5 below. APPROVAL OF THE SUBDIVISION FINAL PLAT AND THIS AGREEMENT CREATES A VESTED PROPERTY RIGHT PURSUANT TO SECTION 00-00-000, C.R.S., AS AMENDED.

Appears in 1 contract

Samples: Agreement

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Vacation of Final Plat. Failure of the Developer to complete construction of the public and other on-site and off-site Subdivision improvements required by this Agreement within the times provided herein and following the delivery of the notice described in subsection 19.1 hereof and the expiration of the thirty (30) day time period described in subsection 19.1 without cure by the Developer, the vested property rights associated with the Subdivision Final Plat and this Agreement shall be forfeited. Upon such an event, the City Council of the City of Fruita may enact an ordinance vacating the Subdivision Final Plat and upon the effective date of such ordinance, the Subdivision and any permits issued in connection therewith shall be null, void, and of no effect. The Developer shall then be prohibited from granting, selling or conveying any additional lots within the Property. All property rights dedicated to the City of Fruita for public purposes shall remain the property of the City and shall be considered liquidated damages. Provided, however, vacation of the Subdivision Final Plat shall not affect (a) the annexation of the Subdivision to the City; (b) the prior conveyance of any lots or parcels within the Subdivision; (c) any right arising from other City permits, approvals or other entitlements for the Subdivision which were granted or approved prior to, concurrently with, or subsequent to the approval of the Subdivision Final Plat; or (d) the parties’ rights pursuant to subsection 22.5 21.5 below. APPROVAL OF THE SUBDIVISION FINAL PLAT AND THIS AGREEMENT CREATES A VESTED PROPERTY RIGHT PURSUANT TO SECTION 00-00-000, C.R.S., AS AMENDED.

Appears in 1 contract

Samples: Improvements Agreement

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