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HomeMy WebLinkAboutResolution 91-114 05/06/1991a. F~CSOIUtIOrl N®. 91-114 N.S. of the City of Petaluma, California 1 APPROVE GRADING PRIOR TO FINAL ASAP APPROVAL 2 FOR 3 SONOMA GLEN - STREETS ONLY WITHIN REMAINING LANDS 4 5 6 7 WHEREAS, the developer, Delco Builders & Developers, Inc., 8 has requested to grade prior to approval of the final map 9 and improvement plans for said subdivision by the City; and, 10 it WHEREAS, this Council has determined that this request 12 should be granted on the condition that the Subdivider enter 13 into a written agreement satisfactory to the City Attorney 14 and the Director of Engineering, guaranteeing that final 1.5 grading will conform to final map and improvement plans when 16 approved by the Director of Engineering; and, 17 18 WHEREAS, Subdivider states it is his intention to enter into 19 a Subdivision Agreement upon approval of the final map for 20 same, 21 NOW, THEREFORE, BE IT RESOLVED this Council finds and 22 determines as follows: 23 1. The grading proposed by Subdivider is not a permanent 24 improvement as that term is used in Section 20.36.010 25 of the Petaluma Municipal Code; 26 2. Subdivider shall give an agreement in writing 27 guaranteeing compliance with all City codes and 28 ordinances as well as compliance with the requirements 29 for final grading as determined by the Director of 30 Engineering; Reso. 91-114 N.C.S. Res. No . .............................. N.C.S. 1 2 3 3. 4 5 6 7 8 4. 9 10 11 12 13 5. 14 15 16 17 18 19 20 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; 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 sole responsibility of the Subdivider; 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; 6. Subdivider shall agree to perform work in accordance with the City of Petaluma's Erosion Control Ordinance and said erosion control plan shall be approved and installed prior to grading; 91-114 N.C.S. 1 2 7. The City Manager is hereby authorized to execute an 3 agreement on behalf of the City, approved as to form by 4 the City Attorney. 5 6 slsogln 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) (147~~'nYi[i) meeting ~ --'"-form on the .------~1iX1.-._....... day of ..............~~~~1....................................., 199..._, by the ~~ ,... following vote: ...----.-- .:•-y~.. - -- Cit r t~torney AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss NOES: ~ ABSENT: Sobel ATTES'T' : .............:. .. .. ......-..-..-........................... City Cler -, ~" i.y 1 l< `a. ~ L.~1``, G`~uncil File..n....I .............................. CA 10-85 ~ Res. No.........9.1.-.1.1.4.... N.C.S. Mayor