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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 95-58 <br /> <br /> RESOLUTION APPROVING A GEOLOGIC ABATEMENT PROGRAM <br /> (GAP) FOR THE GOLDEN EAGLE ESTATES SUBDIVISION <br /> <br />WHEREAS, during the course of approval of the Golden Eagle Estates Subdivision, the City <br /> of Pleasanton imposed conditions relating to geologic and soils stability matters <br /> including a condition that the Homeowners Association agree to hold harmless <br /> and indemnify the City from any claims or damage relating to the private <br /> roadways, private utility system and maintenance of the slope areas in the project; <br /> and <br /> <br />WHEREAS, subsequent to final approval of the subdivision by the City and commencement <br /> of building, the City Council raised an issue over the sufficiency of certain <br /> geologic findings by the developer's geologic consultant; and <br /> <br />WHEREAS, in response, the Association proposed that it establish a Geologic Abatement <br /> Program (GAP), modeled after a typical Geologic Hazard Abatement District <br /> (GHAD), to address the Council's concerns; and <br /> <br />WHEREAS, on June 6, 1995, the Council considered a proposed GAP; and <br /> <br />WHEREAS, the Association also proposed to amend the Association's Covenants, Conditions <br /> and Restrictions (CC&R's) to, <br /> <br /> · Set forth a "Disclosure Statement" that (a) the project may contain ancient <br /> landslides and that earthquake faults may be within the subdivision, (b) the <br /> city has numerous soils, geologic and seismic reports prepared for the site <br /> and that these are available at City offices and (c) advising prospective <br /> purchasers that they should closely review this information with qualified <br /> geologic and soil professionals; <br /> <br /> · Refer to the Indemnity Agreement between the City and the Association <br /> concerning the Association's holding the City harmless from claims and <br /> damages relating to the private roadways, private utilities and maintenance <br /> of slope areas; <br /> <br /> · Create the GAP, including establishing annual assessments to fund the <br /> Program (including repairs); <br /> <br /> <br />