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HomeMy WebLinkAboutResolution 90-156 05/21/1990lies®lution N®. 90-156 NC.S. of the City of Petaluma, California 1 2 3 4 APPROVE GRADING PRIOR TO FINAL A9AP APPROVAL 5 FOR ADOBE GOLF AND COUNTRY CLUB 6 UNIT 2 PHASE 2 SUBDIVISION 7 8 WHEREAS, the developer, Duffel Finance Co., has requested to 9 grade Adobe Golf and Country Club Unit 2 Phase 2 Subdivision 10 prior to approval. of the final map and improvement plans for 11 said subdivision by the City; and, 12 13 14 WHEREAS, this Council has determined that. this request 15 should be granted on the condition that the Subdivided enter 16 into a written agreement satisfactory to the City Attorney 17 and the City Engineer, guaranteeing that final grading will 18 conform to final map and improvement plans when approved by 19 the City Engineer; and, 20 21 22 WHEREAS, Subdivider states it is his intention to enter into 23 a Subdivision Agreement upon approval of the final map for 24 same. 25 26 27 NOW, THEREFORE, BE IT RESOLVBD this Council finds and 28 determines as follows: 29 30 31 1. The grading proposed by Subdivider is not a permanent 32 improvement as that term is used in Section 20.36.010 33 of the Petaluma Municipal Code; 34 35 36 2. Subdivider shall give an agreement in writin guaran- 37 teeing compliance with all City codes and ordinances as 90-156 Res. No . .............................. N.C.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 8' 29 30 31 32 33 34 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 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 of consequences occurring on-site or off-site shall be the sole responsibility of the Subdivider. 5. In no event shall work be commenced 'on sa'd~.grading until an agreement is signed by the Subdivider and the City of Petaluma and all conditions pr-ecedent to said work are performed. 6. Subdivider shall agree to perform work in accordance with the City of Petaluma Erosion Control Ordinance and said erosion control plan shall be approved and installed prior to grading. 7. That the procedures under Section 19A-505 C of Ordinance No. 1072 N.C.S. are hereby waived due to the necessity of the commencement and completion of grading prior to the advent of inclement weather and the fact that the development plans are substantially completed. Reso. 90-156 N.C.S. 1 8. 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 Adbegolf 6 7 8 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 Ap roved as to Council of the City of Petaluma at a (Regular) (~$~al~; meeting i ° on the -....2Ls.t-.-.-.._.. day of .................Maur..,---•------....................-, 19..9.0_, by the following vote: ....... ;- ....... ..................... ity A orney AYES: Tencer, Cavanagh, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss NOES: 0 ABSENT: Woolsg~~ _-W ~ ~ ~ ~ ATTEST: .. -•-- •- ---..... ................................................ ...... City Clerk ^ (7ouncil File-....-----.-°•--°---°------.-... CA 10-85 ~ Res. No.......~..(~.-.l..rj..`j_.... N.C.S.