HomeMy WebLinkAboutResolutions 84-167 N.C.S. 07/02/1984;.r
... FZeSOlUt1OY1 0.84 -16 7 ~. ~. S.
of .the City of Petaluma,~Californa
AUTHORIZING GRADING OF
NIZIBIAN SUBDIVISION
AND AUTHORIZING EXECUTION .O'F .AGREEMENT
WHEREAS, Joe Nizibian, on behalf of the developer, has requested
permission to grade Nizibian Subdivision prior' to~ ap,proval 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
.final 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 20.36.010 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.
Reso. 84-167 NCS
Page 1 of 2
j:. - -
Grade- Nizibian/PLANO
4. Said agreement shall provide specifically that any and all liability
arising out of the work per-formed by the Sub di"eider, 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 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 form bye theCity Attorney.
Under the-power and authority conferred upon this Council =by the Charter of said City.
hereby-certify the foregoing Resolution was introduced and adopted by the fApg o as o
Council of ~ nCdity of Peialuma at a (Rlgula) (A~,~bt~"~~ig 4 meeting I °
on the :,~ ...................... day of .........}.. u. y...........,_.....................,.,, 19......:., by the
following vote:.
City Attorney
AYES: Perry, Battaglia„Bond,. Cavanagh, ~ Balshaw, Vice Mayor Harbe _ n, Mayor Matte.
..
NOES: None
ABSENT: None.
_ ~ .
i
ATTEST: ... .~ ~: _ .......... _ ..................
City Cleik Mayor
eovn~u Fne .................................... Page 2 of 2
Form AA 2 7/81 Res.~No......._ ........................
$4-167 N,GS