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HomeMy WebLinkAboutResolution 91-100 04/29/1991.. - r`, 1~esolution No. 91-lQQ N C.S. :tr ~ of the City of Petaluma, California 1 APPROVE GRADING PRIOR TO FINAL I~AP APPROVAL 2 FOR 3 SONOMA GLEN - PHASES 2A AND 2B 4 5 6 WHSRBAS, the developer, Delco Builders & Developers, Inc., 7 has requested to grade prior to approval of the final map 8 and improvement plans for said subdivision by the City; and, 9 10 WHEREAS, this Council has determined that this request 11 should be granted on the condition that the Subdivider enter 12 into a written agreement satisfactory to the City Attorney 13 and the Director of Engineering, guaranteeing that final 14 grading will conform to final map and improvement plans when 15 approved by the Director of Engineering; and, 16 17 WHBRBAS,.Subdivider states it is his intention to enter into 18 a Subdivision Agreement upon approval of the final map for 19 same, 20 NOW, THEREFORE, BB IT RESOLVED this Council finds and 21 determines as follows: 22 1. The grading proposed by Subdivider is not a permanent 23 improvement as that term is used in Section 20.36.010 24 of the Petaluma Municipal Code; 25 2. Subdivider shall give an agreement in writing 26 guaranteeing compliance with all City codes and 27 ordinances as well as compliance with the requirements 28 for final grading as determined by the Director of 29 Engineering; iz~5. No.....91.-.1.Q.Q....... n.cs. 1 2 3 3. Subdivider shall provde~a cash `deposit or a surety 4 bond in the total amount .f or grading and-restoration if 5 the development fails beā‚¬ore construction .which amount 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 and 20 -installed prior to grading; Reso. 91-100 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 in r uced anfl adopted by the Approved as to Council of the City of Petaluma at a (Regular) ~~X meeting form on the ...,~ ~.1=__}~..-------.... day of ............~~21:1.) ..................................... 19.9 ~.., by the following vote: __-- City At orney AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss NOES: 0 ABSENT: 0 ATTEST: .. - . ... -..~..-----.... ....................................... .- .. City Clerk May __ Council File .................................... Cr1 10-85 Res. No.........~.1.-~.0.0.... N.C.S.