HomeMy WebLinkAboutResolutions 85-128 N.C.S. 05/06/1985.?r
.l~esolution No.85-1zs N. C. S. MaY 61985 5
of the City of PetaTuma, California
AUTHORIZING GRAD°ING OF
CASA DEL O~R.O SUBDIVISION UNIT~S 5 AND 6
AND AUTFiORIZING EYECUTION OF AGREFMENT
WHEREAS, Emil Mogel,, on behalf of the developer, has requested
permission to grade Casa del Oro Subdi~rision Units 5 and 6 prior to approval
of the final map and improvements plans f.or said'. subdivision by the City;
and,
WHEREAS, this Council has determined that this request should be
granted on the condition that the Subdivid.er enter into a written agreement
satisfactory to the City Attorney and the City Enginee.r. , guaranteeing that
final grading will conform t~ final map and improvement"s plans when approved
by the 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 this Council finds and determines
as follows :
l. The gradin~ proposed by Subd.ivider is not a pe.rmanent
improvement as that term is used in Seetion 2.0.36.010 of the Petaluma
Mixnicipal Code;
2. Subdivider shall give an agreement in writing ~guaranteeing
compliance with a11 City codes and ordinances as well as compli.ance with the
requirements for final grading as determi;ned by the City Fngineer.
3. Subdivider shall provide a cash deposit or a surety bond in an
amount satisfactory to the City Manager, securin~ performance of said.
85-.1~28NCS
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agreement. The amount of `said bond to a total of $140,000 ($50,000 for
grad.ing and $90,000 for r.estoration) if development_fails before construction.
4. Said agreement shall provide specifically that any and all liabil.ity
arising out of the work performed by the Subd.ivider, . 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 staf.f,
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 appr-oved as to form by the City Attorney.
Under the power and authority conferred upon this Gopncil by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the pr ve s to
Council of the City of Petaluma at a(R,egular)~(~~Iy6y~i~f~fla'/~1S~5~j~j meeting
PLANO on the .-----.6_th_._._._. day of .........~[a~ .....:.......•-------.._......-•--•-----., 1985--, by the
•- - -••-••••-•-.• - -• -•
following vote: - ~''
~ ~ Ci y Attomey
AYES: Balshaw/Cavanagh/Davis/Woolsey/Tencer/Mayor Matt
NOES: None
ABSENT: V.M.
. .
ATTEST: -• .. .__. ~
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City Clerk Mayor
Counci l . File ....................................
~'orm CA 2 7/81
: =8,5•-1:28~,N.C.S.