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HomeMy WebLinkAboutResolution 91-162 06/17/1991~eSO~utl®n No. 91-162 N C.S. of the City of Petaluma, California 1 2 APPROVE GRADING PRIOR TO FINAL MAP APPROVAL 3 4 FOR 5 6 CADER FARMS, PHASE 1 7 8 9 WHEREAS, the developer, Ryder Companies, has requested to 10 grade prior to approval of the final map and improvement 11 plans for said subdivision by the City; and, 12 13 WHEREAS, this Council has determined that this request 14 should be granted on the condition that the Subdivider eater i5 into a written agreement satisfactory to the City Attorney 16 and the Director of Engineering, guaranteeing that final 17 grading will conform to final map and improvement plans when 18 approved by the Director of Engineering; and, 19 20 WHEREAS, Subdivider states it is his intention to enter into 21 a Subdivision Agreement upon approval of the final map for 22 same, 23 24 NOW, THEREFORE, BE IT RESOLVED this Council finds and 25 determines as follows: 26 1. The grading proposed by Subdivider is not a permanent 27 improvement as that term is used in Section 20.36.010 28 of the Petaluma Municipal Code; 29 2. Subdivider shall give an agreement in writing 30 guaranteeing compliance with all City codes and 31 ordinances as well as compliance with the requirements Kes. No........91.-1.6.2..... N.C.S. 1 for final grading as determined by the Director of 2 Engineering; 3 3. Subdivider shall provide a cash deposit or a surety 4 bond in the total amount for grading and restoration if 5 the development fails before construction which amouizt 6 is satisfactory to the City Manager, securing 7 performance of said agreement; °. 8 4. Said agreement shall provide specifically that any and 9 all liability arising, out of the work performed by the 10 subdivider, whether such liability arises from acts or 11 consequences occurring on-site or off-site shall be 12 sole responsibility of the Subdivider; 13 5. In no event shall work be commenced on said grading 14 until an agreement is signed by the Subdivider and the 15 City of Petaluma and all conditions precedent to said 16 work are performed; 17 6. Subdivider shall agree to perform work in accordance 18 with the City of Petaluma's Erosion Control Ordinance 19 and said Erosion Control Plan shall be approved an 20 installed prior to grading; Reso. 91-1.62 N.C.S. 1 7. The City Manager is hereby authorized to execute an 2 agreement on behalf of the City, approved as to form by 3 the City Attorney. 4 5 slcaderl 6 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) (pC~bli#~$~~$)~meeting , !~ ~f f on the .._._17th._._._..... day of .........sLlll~~ ........................................ 19...1, by the ~ ,: following vote: .......... ...' ._,.. .City orney AYES: Read, Davis.., Woolsey, Sobel, Nelson, Vice Mayor Cavanagh NOES: ~ ABSENT: ayo ATTEST: ... City Clerk CA 10-85 ....... ........ Gbuncil File~.~l...~c~:~~.M Res. No. .....~.1...,.1.6.`~........ N.C.S. Vice Mayor