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HomeMy WebLinkAboutResolutions 84-160 N.C.S. 07/02/1984' ~u ~ .~ I~~SQlUt1C~r1 N®. 8 4 -16ON. C. S. of fhb :City Hof Petaluma,--California AUTHORIZING G;RAD'ING OF COUNTRY CLUB :ESTATES UN~LT 1~-A AND AUTHORIZING EXECUTION OF AGREEIy1ENT WHEREAS, Mitchell acid Heryford Engineers 'and Land Surveyors, on behalf of the developer, has requested permission to grade Country 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 granted on the condition that the Subdivider enter ~ into a written agreement satisfactory to the City Attorney and the City Engineer, guaranteeing that finial grading 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 grading ,proposed by Subdivider is not a permanent improvement as that term- is used in Section 20.36.O1U 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. '7. . 1 3. Subdivider shall provide a cash deposit or a surety bond in an amount satisfactory to the City Manager, securing performance of said agreement. 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 _cginmen,ced , 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 forlil bg the City Attorney. Under the power and• authority conferred upon: this Council-'by the Charter of said City. a I hereby .certify the foregoing Resolution was; introduced and adopted by the f AppT e to Council of the°Gity of Petaluma at a (Regular) (3~~C~8i1~D#~) meeting ~ fo on the :...2na ............. ,day- of .......... JulY...:.:..: ~..... .................~ 19..8.4, by .the following vote: ~= + ~ ........... ity Attorney AYES: Perry/Battagla/Bond%Ca~anag'h/Bal'•shaw/Vice-Ma Harberson/ Mayor Matter ~ - ~ F PiOES: -O- ~ ~ , ~ i ABSENT: - 0 - ~ - ~ r ATTEST: ....,.. ; • --....... __......... ity Clerk Mayor Council File .......... .... Form .CA2 7/81 Res..No.. ~ ~...~.~. ~...N ~ s