HomeMy WebLinkAboutMountain Shadows SIA Text\J\^*^¡..aì*,r Stv¿"ow S \A
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10.
The Owner "gre"i that lt ¡s ôËniaied to pay the above-stated fee, accepts such
obligations, and waives any claim that Owner is not required to pay the cash in lieu
of land dedication fee. The Owner agrees that Owner will not claim, nor is Owner
entitled to claím, subsequent to recording of the Final Plat of the Subdivísion, a
reimbursement of the fee in lieu of land dedication to the RE-l School Distriet.
SALE OF !OT5. No lots, tracts, or parcels within the Subdivision may be separately
conveyed prior to recording of the Final Plat in the records of the Garfield County
Clerk and Recorder.
BUILDING PERMITS AND CERTIFICATES Ot OCCUPANCY. As one remedy for breach
of this slA, the Bocc may withhold issuance of buílding permits for any resldence or
other habitable structure to be constructed within the Subdivision. Further, no
building permit shall be issued unless the Owner demonstrates to the satisfaction of
the Glenwood Springs Fire Protection District (District), if the Fire District has so
required, that there is adequate water ava
Distríct's purposes [and all applicable District
ilable to the construction site for the
fees have been paid to the Districtl
CONSENT TO VACATÊ PLAT. ln the event the Owner fails to comply wíth the terms
of this SlA, the BOCC shalt have the ability to vacate the Final Plat as it pertains to
any lots for which building permits have not been issued. As to lots for which
buildíng permits have been issued, the Plat shall not be vacated and shall remain
valid. ln such event, the Owner shall provide the BOCC a plat, suitable for recording,
showingthe location by surveyed legaldescription of any portion of the Final Platso
vacated by action of the Bocc, lf such a Plat is not signed by the Bocc and
recorded, or if such Plat is not provided by the Owner, the BOCC may vacate the
Final Flat, or portions thereof, by resolution
ENFORCEMENT. ln addition to any rights províded by Colorado statute, the
wíthholding of building permits and certificates of occupancy, provided for in
paragraph 11, above, the provis¡ons for releäse of security, detailed in paragraph 3,
above, and the provis¡ons for plat vacation, detailed in paragraph 14, above, it is
mutually agreed by the BOCC and the Owner, that the BOCC, without making an
election of remedies, and any purchaser of any lot within the Subdívision shall have
the authoríty to bring an action in the Garfíeld County District Court to compel
enforcement of this SlA. Nothing in this SlA, however, shall be interpreted to require
the BOCC to bring an action for enforcement or to withhold permits or certificates or
to withdraw unused security or to vacate the Final Plat or a portion thereof, nor shall
thís paragraph or any other provision of this SIA be interpreted to permit the
purchaser of a lot to file an ãct¡on against the Bocc.
NOTTCE Bv RECORDATTON. This SIA shall be recorded in the Offíce of the Garfield
County Clerk and Recorder and shall be a covenant running with title to all lots,
tracts and parcels within the Subdivision. Such recording shall constitute notice to
prospective purchasers and other interested persons as to the terms and provisions
11.
L2
13.
resÍdences, within the Subdivision until all Subdivision lmprovements have been
oroccupancya fê,ngeny
completed and are operational as requ ired this SlA.
14.