HomeMy WebLinkAboutResolutions 85-098 N.C.S. 04/01/1985,~
~~ ~ Resolution ~o: 8 5- 9 8
~. ~., S.
of the City of Petaluma, California
AIJ'PHORIZING GRADING OF
CASA DEL•.OR(~ 5UBDIVISION, UN.IT 3 AND
EXECUTIOI~T OF AG.REEI~4EIVT
APR - i i985 2 x~
WHEREAS, Mogel Engineering, Inc. , on ~behalf of the developer, has
requested permission tq _ grade Casa del Urdo Subd.ivision, Unit 3 prior to
approval of the final map and improvements plans for said subdivision by the
City; and,
WHEREAS, this Council has determin'ed 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 F.n-gineer, guaranteein~ that . ~
final ~rading 'will conform to final map and iinprovements plans when approved
by the City Engiriee.r; and,
WHEREAS, Subciivider states it is his intention to enter into a`
Subdivision Agreer.~ent upon approval of the final map for same;
NOW, THEREFORE, BE IT RESOLVFl~ this Cciuncil finds anu'. d.etermines
as follows :
l. The grading proposed by Subclivider is not a permanent
improvement as that term is used in Section 2D . 36 .010 of the Petaluma
Municipal: Code; ~
2. Subdivider shall give an ag-reement in writin~ ~uaranteeing
compliance ~~ith all City aodes and ordinances as well as compliance with the
requirements for final gracling as determiried. by the 'City ~Engineer.
3. Subdivider=` shall provide a cash deposit or a surety bonc~ in the
total amoun.t of $210,0'0.0, ($60,000 for ~;~rading and. $T50,000 to restore if
Reso ?~'b 8:5=98 N.C.S:
development fails be.fore construction) which amount is satisfactory to the City
r:~anager, securing perforinance of. said agreement.
4, Said agreement shall provide specifically that any and all liability
arising out of the work perf.ormed by the Subdivider, whether such .liability
arises from acts or consequences occurring on-site or off-site shall be the
sole responsibility of the Sub:divider .
5. In no event shall work be commenced on said gradin~; until an
agreement is signed by the Subdivider, and the City of Petaluma, and all
eonditions precedent to said wor-k ar.e performed.
6. Subdivider shall agree to perform work in accordance with tk~e City
Erosion Control Ordinance and said erosion control plan shall be approved and
installed prior to gradin~ .
7. The City Manage.r is hereby aufhorized to execute an agreement on
behalf of the City, as approve,d as to form by the City Attorney.
Under ttie power and authority conferred' upon'this Council, by ,the Charter of said City.
~ I hereby certify the foregoing Resolution was ;introduced and adopted by the Approved as to
~ Gouncil:of the City of Petaluma.~at a(Regular) (Adjourned) `(,~~~~ meetiiig ' form
on the ---• 1 S t day of ...: . A.P ~:i1 .._..., .. .:.. , 19_ $: ~., by the ,~'~-
..... ..... ....,. ~~ ~~ ~
following vote., . . ., . ' ~ ~r ...:....... ....~~~-
" Gity Attorney
AYES: Balshaw/Cavanag~h/Davis/Woolsey/T:encer./V.M. Bond/ Mayor Mattei
IVOES: None
ABS~NT: None . ~
• ,~,p,,,,,,,,..~..
_ . -: : . ~
- - --• , ••..,..
A7°I'EST: --••- -• •-----•..._....••-....._..--• ................ :.....~::..---...._.._...---••----..._
, _ . ;.. __ ._ ___.. __ _ __ ._ _,. _ . .
----- __ .., ,.. ,.. •---- •• - - -••-
, ity Clerk = Mayar
- Gbuncil,File..:.......:_:..::_.-.-••_c:~._::. ~ . . ~
Eorm CA 2 7/81 Res. No .H.S 9 8:..:N C..;S; .