HomeMy WebLinkAboutResolutions 89-229 N.C.S. 07/17/1989Resolution No. 89-229 N.C.S.
of the City of Petaluma, California
1 AUTHORIZE GRADING PRIOR
2 TO FINAL MAP APPROVAL
3 SONOMA SUMMIT SUBDIVISION, UNIT N0. 3
4
5
6 WHEREAS, the developer, Sonoma Summit Venture, has requested
7 to grade prior to approval of the final map and improvement
8 plans for said subdivision by the City; and,
9
10 WHEREAS, this Council has determined that this request
11 should be granted on the condition that the Subdivider enter
12 into a written agreement satisfactory to the City Attorney
13 and the City Engineer, guaranteeing that final grading will
14 conform to final map and improvement plans when approved by
15 the City Engineer; and,
16
17 WHEREAS, Subdivider states it is his intention to enter into
18 a Subdivision Agreement upon approval of the final map for
19 same.
20
21 NOW, THEREFORE, BE IT RESOLVED this Council finds and
22 determines as follows:
23
24 1. The grading proposed by Subdivider is not a permanent
25 improvement as that term is used in Section 20.36.010
26 of the Petaluma Municipal Code;
27
28 2. Subdivider shall give an agreement in writing
29 guaranteeing compliance with all City codes and
30 ordinances as well as compliance with the requirements
31 for final grading as determined by the City Engineer.
32
33 3. Subdivider shall provide a cash deposit or a surety
34 bond in the total amount of $1,570,500.00 ($872,500.00
35 for grading and $698,000.00 to restore if the
36 development fails before construction) which amount is
37 satisfactory to the City Manager, securing performance
38 of said agreement.
39
40 4. Said agreement shall provide specifically that any and
41 all liability arising out of the work performed by the
42 Subdivider, whether such liability arises from acts of
43 consequences occurring on-site or off-site shall be the
44 sole responsibility of the Subdivider.
45
46 5. In no event shall work be commenced on said grading
47 until an agreement is signed by the Subdivider and the
48 City of Petaluma and all conditions precedent to said
49 work are performed.
tz~s. N~>.....89-229........ n.cs.
1 6. Subdivider shall agree to perform work in accordance
2 with the City of Petaluma Erosion Control Ordinance and
3 said erosion control plan shall be approved and
4 installed prior to grading.
5
6 7. The City Manager is hereby authorized to execute an
7 agreement on behalf of the City, approved as to form by
8 the City Attorney.
9
10
11
12
13
14
15
16
17 summit
18
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the, -~`'~ iAp o d as
Council of the City of Petaluma at a (Regular) (A~,poar~~~~Sgreci~l) meetu g _ fO
~--- ~.
on the ....lz.tkl............ day of ..........,Ili.l..y ......................................... 19...$.9, by the ~
following vote: ........,...-... -.,-
City Attor y
AYES: Tencer, Woolsey, Balshaw, Mayor Hilligoss
NOES: 0
ABSENT: Cav n gh,8 Da~v,~i0s,; Vi e Mayor obel
ATTEST: ..._..-- .... a.,,~,~... .. .. ............................... ....-.-.-._:..-........--- - - .... --'.:..YJ.-------•
City Clerk Mayor
CC ~ tom/ ~y /~ ~? Council File ....................................
CA 10-85 ®G~4d 1 i ~~ Y i Lp C~~ Res. No.......8.9. .Z.2.9..... N.C.S.