HomeMy WebLinkAboutResolution 92-063 03/16/19921
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~es~lutl®n No. 92-63 N.C.s.
of the City of Petaluma, California
APPROVE GRADING PRIOR TO FINAL MAP APPROVAL
FOR RINGSMILL PHASE 4, UNIT 3 SUBDIVISION
WHEREAS, the developer, Benajmin-Tuxhorn & Assoc. Inc., 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 City Engineer, guaranteeing that final grading will
conform to final map and improvement 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 the total amount of $204,300 ($136,200 for
grading and $68,100 to restore if the development fails
before construction) which amount is satisfactory to
Res. No ..............9~.-6.3... N.C.S.
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1 the City Manager, securing performance of said
2 agreement.
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4 4. Said agreement shall provide specifically that any and
5 all liability arising out of the work performed by the
6 Subdivider, whether such liability arises from acts or
7 consequences occurring on-site or off-site shall be the
8 sole responsibility of the Subdivider.
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10 5. In no event shall work be commenced on said grading
11 until an agreement is signed by the Subdivider and the
12 City of Petaluma and all conditions precedelit to said
13 work are performed.
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15 6. Subdivider shall agree to perform work in accordance
16 with the City of Petaluma Erosion Control Ordinance and
17 said erosion control plan shall be approved and
18 installed prior to grading.
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20 7. The City Manager is hereby authorized to execute an
21 agreement on behalf of the City, approved as to form by
22 the City Attorney.
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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) (tj ~#~XE~~~~meeting,.-''~~~`form
on the .....~..f1_>:1].-----..... day of .....................1V_IacGh........................, 19...~~, by the
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following vote: ...-..-.: ........ ..........
/City/Attorney a
AYES: Read, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor I~illigoss
NOES: None
ABSENT:
ATTEST:
CA ]0-85
Davis
y Clerk
Council File......20_3.-~.2..........
Kes. No......9.2-6.3.......... n~.c.s.
i ...
Mayor