HomeMy WebLinkAboutResolution 84-102 N.C.S. 05/21/1984Resolution N®B 4-10 2 lit. C. S.
of the City of Petaluma, California
AUTHORIZING GRADING OF
MORNING STAR UNIT III
WHEREAS, McBail Company, Subdivider, has requested permission to
grade Morning Star Subdivision Unit III 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, said 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 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 an
amount satisfactory to the City Manager, securing performance of
said agreement.
r GRADING AGREEMENT: PAT ~ ~ ,~
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 Subdivider, and the City of Petaluma, and
all conditions precedent to said work are performed.
6. The City Manager or Mayor is hereby authorized to execute an
agreement on behalf of the City, when approved as to form by the
City Attorney.
Under the 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 p o a
Council of the City of Petaluma at a (Regular) ~i~) meeting or
on the ......21St.--•--- day of ...,........ MaY...---•-•----••--•• ..............:..... 19.8 ~., by the
following vote: -
AYES: Bond/Cavanagh/Balshaw/Vice-Mayor Harbers~Mayor Mattei
NOES.: - 0 -
ABSENT: '~ '~
/Battaglia '~,~~/`~ j ~~
~ ; ~/ (,~
ATTEST: -.-......... . .. ... ..... . .....•--...--------•--•---.............
ity Clerk Mayoi
Council File ................ . ........
Form CA 2 7/81 Res. No.....8:~... ~ ~`....~ ' C ' S '