HomeMy WebLinkAboutResolution 92-226 09/08/19921
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~~SOIUtI®n N®. 92-226 N C.S.
of the City of Petaluma, California
APPROVE GRADING PRIOR TO FINAL NIAP APPR®VAL
F®R
1VIOiJNTAIN VALLEY 2~
WHEREAS, the developer, Delco Builders, 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;
N®W, THEREF®RE, BE IT RES®LVED 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 Director of Engineering;
3. Subdivider shall provide a cash deposit or a surety bond in the total amount for
grading and restoration if the development fails before construction which
amount is 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;
Res. No...........92-226.. N.C.S.
C'
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2 5. In no event shall work be commenced on said grading until an agreement is
3 signed by the Subdivider and the City of Petaluma and all conditions precedent
4 to said work are performed;
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6 6. Subdivider shall agree to perform work in accordance with the City of
7 Petaluma's Erosion Control Ordinance and said Erosion Control Plan shall be
8 approved and installed prior to grading;
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10 7. The City Manager is hereby authorized to execute an agreement on behalf of the
11 City, approved as to form the City Attorney.
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14 mtvlfm/sb/Agenda/a:
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) (aarr~aX~ixkl meeting fO~'
on the -•-.---$th.._..-...... day of ...-.......~E[ltemb~er ......................... 19..92., by the
following vote: ~ ~- ----- -
City Attorney
AYES: Read, Davis, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: Woolsey
ATTEST: .---• .... ....... ...............•-•----..-..-.-..-......-.........------...............---.......
City Jerk
CA 10-85
..
/ U J'~
Mayor
Council File.--.-°-..°----° ................
Fzes. N~..........9:2.-2.2.6... rv.cs.