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HomeMy WebLinkAboutResolutions 88-184 N.C.S. 07/05/1988resolution No. 88-1~4 N. C. S. of the City of Petaluma, California APPROVE GRADING PRIOR TO FINAL MAP APPROVAL FOR DAWN PLACE SUBDhVISION WHEREAS, the developer, Aldo J. Baccala, has requested to grade Dawn Place 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 City Engineer, guaranteeing that final grading will conform to final map and improvement plans when approved by the City Engineer; and, WHEREAS, Subdivider states it i.s h•is 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 determines 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 City Engineer. 3. Subdivider shall provide a cash deposit or a surety bond in the total amount of X27,550.00 022,800.00 for 88-184 NCfi 1 of 2 i - grading and X4,750.00 to restore if the development fails before construction? which amount is 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 liability arises from acts or consequences occurring on-site or off-site shall be the sole responsibility of the Subdivider. S. 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. The City Manager is hereby authorized to execute an agreement on behalf of the City, approved as to form by the City Attorney. DawnPlac 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 roved as to Council of the City of Petaluma at a (Regular) rx~x(t~g>rQ~l) meeting fO~'" on the ..5th---•-------..... day of .............Iu~.y.......---...........................-, 19..$x., by the following vote: City Attorney AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor Hi1fli~fiss NOES: ~ ABSENT: Mic el Davis ATTEST : ............. ......-.- -......-. .. ..- ..._-.....! City Clerk CA IO-85 l May Council File .................................... Rcs. Na......8.8.-.1$4....... N.C.S.