HomeMy WebLinkAboutResolutions 88-177 N.C.S. 06/20/1988. ~`.P,,;
r ~ -
- Resolution No.B$-177.11. C. S.
of the City of Petaluma, California
APPROVE GRADING PRIOR
TO FINAL MAP APPROVAL
FOR
VILLAGE EAST N0. 3 SUBDIVISION
WHEREAS, the developer, McBail Co., L'nc., has requested to
grade Village East No. 3 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 Director of P-ublic 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, HE 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 Director of
Public Works/City Eng~.ineer.
Reso. 88-177 NCS
\-~
3. Subdivider shall provide a cash deposit or a surety
bond in the total amount of X87,787.50 058,525.00 for
grading and X29,262.50 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,
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. The City Manager is hereby authorized to execute an
agreement on behalf of the City, approved as to form by
the City Attorney.
Village3
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 A ro ed as to
Council of the City of Petaluma at a (Regular) (Xa`~,~~4~~`~5~~) meeting ~'
on the ..-•---..~.~TH..._.. day of ..................J~?ne..............................., 19...$$, by the .._:...
following vote:
City Attorney
AYES: Balshaw, Cavanagh, Davis, TEncer, Vice .Mayor Woolsey, Mayor Hilli~os
NOES: ~
ABSENT: S o e 1
City Clerk ~~~~ ~ May
Council F' ...............-------......_...
CA 10$5 ~ Res. No. .:....... .1..7.7......... N.C.S.