HomeMy WebLinkAboutResolution 97-107 05/05/1997
j .Resolution No. s7-log N.C.S.
1 of the City of Petaluma. California
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4 APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
5 FOR CROSS CREEK SUBDIVISION
6 PHASES 1 AND 2
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8 WHEREAS, the developer, Mardel LLC, has requested to grade prior to approval of
9 the final map and improvement plans for said subdivision by the City; and,
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l1 WHEREAS, this Council has determined that this request should be granted on the
12 condition that the Subdivider enter into a written agreement satisfactory to the City
13 Attorney and the Director of Engineering, guaranteeing that final grading will conform
14 to final map and improvement plans when approved by the. Director of Engineering;
15 and,
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17 WHEREAS, Subdivider states it is his intention to enter into a Subdivision Agreement
18 upon approval of the final map for same.
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20 1. The grading proposed by Subdivision is not a permanent improvement as that
21 term is used in Section 20.36.010 of the Petaluma Municipal Code;
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23 2. Subdivider shall give an agreement in writing guaranteeing compliance with all
24 City codes and ordinances as well as compliance with the requirement for final
25 grading as determined by the Director of Engineering.
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27 3. Subdivider shall provide a cash deposit or a surety bond to cover the cost of
28 grading, restoration and erosion control. Amount of deposit or bond, securing
29 performance of-this work, shall be satisfactory to Director of Engineering and
30 City Manager.
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32 4. Said agreement shall provide specifically that any and all liability arising out of
33 the work performed by the Subdivider, whether such liability arises from acts o;
34 consequences occumng on-site or off-site shall be the sole responsibility of the
35 Subdivider.
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1 5. In no event, shall work be commenced on said grading until an agreement is
2 signed by the Subdivider and the City of Petaluma and all conditions precedent
3 to said work are performed.
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5 6. Subdivider shall agree to perform work in accordance with the City of Petaluma
6 Erosion Control Ordinance and said Erosion Control Plan shall be approved and
7 installed prior to grading.
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9 7. The City Manager is hereby authorized to execute an agreement on behalf of the
10 City, approved as to form by the City Attorney.
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12 8. The grading and erosion control shall conform to the improvement plans
13 submitted for the grading permit. Additionally, a grading permit shall be
14 secured from the City of Petaluma prior to starting any work.
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19 crosscrk/sb/agenda/a: 10
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (q~j@j~ meeting form
oa the ....5.th day of .........May.........................................., 19..x.7., by the
following vote:
City Attorney
AYES: Read, Reller, Torliatt, Maguire, Vice Mayor Hamilton, Mayor Hilligoss
NOES: None/1n/ ~
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ABSENT: Stom AE~~=~~ `'.-4..:......_,(~/.
ATTEST :
City Clerk ~ Mayor
Cmmcil Fila_._......._.:._._._........
ca io-ss ~ Res. rvo...,..97-107_..... rv.cs. Page. 2 OF 2