HomeMy WebLinkAboutResolutions 88-318 N.C.S. 09/06/1988,~.
Resolution No. 88-318 N ~.5.
of the City of Petaluma, California
APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
FOR BOND SUBDIVISION
WHEREAS, the developer, Benjamin-Tuxhorn and Associates, has requested
to grade Bond Subdivision prior to approval of the final map and
improvement plans for said subdivision by the City; and,
WHEREAS, this Council has determined that this request should be granted
on the condition that the subdivider enter into a written agreement
satisfactory to the City Attorney and the Director of Public Works/City
Engineer, guaranteeing that final grading will conform to final map and.
improvement plans when approved by the Director of Public Works /City
Engineer; and,
WHEREAS, Subdivider states it is his intention to enter into a Subdivision
Agreement upon approval of the final map for same.
NOW, THEREFORE, BE IT RESOLVED that this Council finds and deter. mines
as follows
1. The grading proposed by Subdivider is not a permanent improvement
as that term is used in Section 20.36.010 of the Petaluma Municipal
Code;
2. Subdivider shall give an agreement in writing guaranteeing compliance
with all City Codes and ordinances as well as compliance with the
requirements for final grading as determined by the Director of Public
Works /City Engineer .
3. Subdivider shall provide a cash deposit or a surety bond in the total
amount satisfactory to the City Manager, securing performance of said
agreement.
4. Said agreement shall provide specifically that any and all liability
arising out of the work performed by the Subdivider, whether such
88-318
Hcs. No.........._ ................... N.C.S.
liability arises from. acts or consequences occurring on-site or off-site
shall be the sole responsibility of the Subdivider.
5. In no event shall work be commenced on said grading until an
agreement is signed by the Subdivider and the City of Petaluma and
all conditions precedent to said work are performed.
6. Subdivider shall agree to perform work in accordance with the City of
Petaluma Erosion Control Ordinance and said erosion control plan shall
be approved and installed prior to grading .
7. That the procedures under Section 19A-505 C of Ordinance No. 1072
N.C.S. are hereby waived due to the necessity of the commencement
and completion of grading prior to the advent of inclement weather and
the fact that the development plans are substantially completed.
8. The City Manager is hereby authorized to execute an agreement on
behalf of the City, approved as to form by the City Attorney.
reso.bond/resol0
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 Approved as to
Council of the City of Petaluma at a (Regular) (~4~.1~~13) meeting ~ form
on the ...6-th• .............. day of .......September ......................., 19..$8, by the t /'-
following vote: ...'--~ .............•--•-•----------..
~~~• City Attorney
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayer Hilligoss
NOES : 0 ~~
f
ABSENT: ~
ATTEST: .. - ,,..
Cl y Cler - 1V~ayor;
(bunch File.-----°-•----- ............._-...
ca :o-ss Res. n~o_..88-3.1.8......... N.cs.