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HomeMy WebLinkAboutResolutions 85-237 N.C.S. 07/15/1985r Resolution No. 85 ~- 2_3~N. C. S. of the City of Petaluma, California AUTHORIZING GRADING OF. PARK PLACE SU~BDIVTSION UNIT IV AND AUTHORIZING EXECUTION O:E AG~REEM~ENT . WHEREAS, Jon Joslyn, has requested permission to grade Park Place Subdivision Unit IV prior to approval of the final map and improvements plans for said subdivision by the City; and, WHEREA5, 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 gr.ading will conform to final map and improvements plans when approved by the City Engineer; and, n WHEREAS, S.ubdivider states it is his intention to enter into a Subdivision Agreement upon approval of the final map for same; NOW, THEREFORE, BE IT RESOLVED 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 sliall give an agreement in writing guaranteeing compliance with all City codes and ordinances as well as compliance with the requirements for final gradirig as determined by the City Engineer. 3. Subdivider shall provide a cash deposit or a surety bond in an amount satisfactory to the City Manager, securing performance of said agreement. The amount of said bond to a total of $150,000.00 if development fails before construction. Reso. 85-237 NCS 1 . Grade ParkPlace-IV /plano 4. Said agreement shall provide , specifically .that any and all liability arising out of the work performed by the Subdi~.ider, whether such liability arises from acts or consequences occurring on-site or off-site shall be the sole responsibility of the Subdivider. 5. The grading portion of the improvement plans shall be checked once by the Engineering Department and the Building Inspection Department staff, then returned to the developer's engineer for any corrections, and returned to the City staff for second review prior to grading. 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. The City Manager is hereby authorized to execute an agreement on behalf of the City, as approved as to form by the City Attorney. Under the power and ~ferred upon this Council by t of said I hereby certify the foregoing`,.Resolut~on was introduced Council of the Gity of; Petaluma at~ a(R,egular) ~qan~~ 15 t h J u 1 X.._....---•----•- on tlie ...:...........••;-•-•--: day of .......:.._....; following vote: ~ ~ ' , ~ ~ AYES: Bond, Cavariagh,, Davis,, Woo.lsey;, Tencer; Vice Ma.yor I ~ ; , , ; J E ' I i . { ~ ; i NOES: None ~ ~ ~ ABSENT: . N ATTEST: .L,,,~:••-[3~' ~~.U..B!~'.~L%(.n....~--:_"' ................. .......:. Gity'Clerk May~ ' Gbuncil Fila• - • ........................_. Form QA 2' 7/81 • ' Res. No... ~ 5- 2~ ~ 2