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HomeMy WebLinkAboutResolutions 84-159 N.C.S. 07/02/1984~~L ° 2 ~~984 1 ~ . .. ~ ` R~SOILt#1C~~r 110: 84-159 ~ 'N.C. ~. of the City- of Petaluma; California A RESOLUTION AUTHORIZING 'LANb5LID`E: RECONSTRUCTION OF ~- 'COUNTRY CLUB: ESTATES' UNIT`,l-A AND AUTHORTZING THE CITY MANAGER. TO EXECUTE ~''~" _. ;'~~~~~' ^~ AN AGREE1viENT THEREFOR. WHEREAS, Country Club Estates Unit 1-A, through its developer and consulting engineer has requested permission to rough grade and commence landslide restoration of Goun.try Club Estates' Unit 1-A Subdivision prior to approval of the final map and improvements plans for said subdivision by the City; and, WHEREAS, this Council has determined that this request should be partially granted.; that is,. permit landslide reconstruction on the condition that the Subdivider enter into a written agreement satisfactory to the City Attorney and the City Engineer, guaranteeing that the work will be performed under the direct supervision of a soils.. engineer on the site during • construction and will conform to final map :and -improvements 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 1. The ,landslide restoration 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 dive an a~r.eemeritin writing ~uaranteein~ .,.,-:- compliance with all City codes and ordinances as well as compliance with the requirements for final grading as determined, by the City Engineer. Res o,, 84=15`9 ~N'CS .Page 1 of `2 3., Subdivider agrees that thework of- landslide restroation will be performed under the'. direct supervision of a ,. soils. ~engirieer on site during construction. ~ ~ ~•- ., ~ . 4. Subdivider shall provide a cash deposit or a surety bond in an amount satisfactory to the City Manager, eeuring performance of said agreement. - . 5. 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. 6. In no event- shall work be commenced on said landslide restoration until an agreement is signed by the Subdivider, ~ and the City of Petaluma, and all conditions preeed'ent to said work are performed. 7. The City Manager is hereby authorized to execute an agreement on behalf of the City, as approved as to form 'by the..City Attorney. GRADE RESO CC HTS PLANO Under the power and authority confeiredupon this Council by the Charter of said City. • Thereby .certify the; foregoing~Resolution was .introduced .and adopted by the Approved as to-`~ Council of the~City of Petaluma at a (R,egular) (lAo`(~EjX~Ma#i1~) meeting ,'r form/ on the ,_.2rld ....- .-.-:- day of ..._~LLzy:._ ~ ................:....•----...-......, 19:....~~ by the ~, ~~ followin vote: ~ -- g _ ~ ~ ` ~ City Attorne AYES: Perry, Battag'1ia, !Bon`d, Cavanagh,' Ba~lshaw, Vice MayorH a^b s n, Mayor Maffei:. -None t ` ° NOES ABSENT: NO_ -` .~ ATTEST: --- -- .~ tJ~~~:~i~ . .......:. .. . .. :.. - ..-----.-.-..-. - i y Clerk Mayor Council File...»... -... . FbrmCA27/81 Res. No.-.....o~-~~lJr..9..:!~~S Pdge 2 of 2