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HomeMy WebLinkAboutResolution 93-311 12/06/19931 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Resolution No. 93-311 N.C.S. of the City of Petaluma, California APPROVE GRADING PRIOR TO FINAL MAP APPROVAL FOR MOUNTAIN VALLEY' VILLAS PHASE 3 WHEREAS, the developer, Mountain Valley Partners Ltd., has requested to grade 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 Director of Engineering, guaranteeing that final grading will conform to final map and improvement plans when approved by the Director of Engineering; and, WHEREAS, Subdivider states it is his intention to enter into a Subdivision Agreement upon approval of the final map for same. 1. The grading proposed by Subdivision 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 Director of Engineering. 3. Subdivider shall provide a cash deposit or a surety bond to cover the cost of grading, restoration and erosion control. Amount of deposit or bond, securing performance of this work, shall be satisfactory to Director of Engineering and City Manager. 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 occumng 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. ties. No .................9.3-.3.1 ~.cs. 1 6. Subdivider shall agree to perform work in accordance with the City of Petaluma 2 Erosion Control Ordinance and said Erosion Control Plan shall be approved and 3 installed prior to grading. 4 5 7. The City Manager is hereby authorized to execute an agreement on behalf of the 6 City, approved as to form by the City Attorney. 7 8 8. The grading and erosion control shall conform to the improvement plans 9 submitted for the grading permit. Additionally, a grading permit shall be 10 secured from the City of Petaluma prior to starting any work. 11 12 13 mtvalvl3/sb/a:3 14 15 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 thj: ~'" Appr ved as to Council of the City of Petaluma at a (Regular) ~g~X¢~p~~l) meetin g on the ..6.th ................. day of ..........L1P..c~mhei:..-......................., 19.93.., by tie ~ ~ . ,:. following vote: City Attorn AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read NOES: None ABSENT: Mayor Hilligos ATTES'T': ...---• ........... ..... ... ...... ..- -- - ............................. Cit erk CA 10-85 Council File ................•------......-...... KeS. N~......g3.-3.1..1....... ~.cs. .:........................~1 . --.... - ~..--.-----------.-.------.------.. Mayor --..........