Ordinance 42ORDINANCE N0. ~F2
AN ORDINANCE OF THE CITY OF CUPERTINO, STATE OF CALIFQ~NIA, PROVIDING
FOR IMPROVEMENT AGREEMENT AND IMPROVEMENT BOND BY SUBDSVIDERS AND
DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. IMPROVEMENT AGREEMENT
Before approval by the City Council of the final
map, the subdivider shall execute and file an agreement between him-
self and the City, specifying the period within which he shall
complete all improvements work to the satisfaction of the City
Engineer and providing that if he should fail to complete such work
within such period, the City may complete the same and recover the
full cost and expense thereof from the subdivider. The agreement
shall also provide for checking of improvement plans and inspection
for all improvements by the City Engineer and reimbursement of the
cost of such checking and inspection. Such agreement may also
provide:
(a) For-the construction of the improvements in units;
(b) For an extension of time under conditions therein specified
(c) For the termination of the agreement upon the completion
of proceedings and under an Assessment District Act for
construction of improvements deemed by the City Engineer
to be at least the equivalent of the improvements speci-
fied in said agreement, and required to be constructed
by the subdivider;
(d) For progress payments to the subdivider for any deposit
money which the subdivider may have filed in lieu of a
surety bond, as provided by the next succeeding section.
Section 2. IMPROVEMENT BOND
Subdivider shall also file with the aforesaid agree-
ment to assure his full and faithful performance thereof, a bond
for such sum as is sufficient to cover the cost of said improvements
and inspections. The amount of such bond shall be as required by the
City Council. Such bonds shall be executed by a surety company
authorized to transact a surety business in the State of California
and must be approved by the City Attorney as to form and by the City
Council as to sufficiency. In lieu of said bond, the subdivider may
deposit cash or certified or cashier's check with the City Clerk.
In the event the subdivider shall fail to complete all improvement
work in accordance with the provisions of this ordinance, and the
City shall have completed same, or if the subdivider shall fail to
reimburse the City for the cost of inspection, the City shall call
on the surety for reimbursement or shall ap}~ropriate any cash deposit
funds for reimbursement.
Section 3. URGENCY CLAUSE
This rdinance is ado ted as a temporary interim
urgency measure pursuant to Section 6506 of the Government Code of
the State of California in view of the fact that permanent subdivi-
sion and zoning ordinances are presently being prepared by the City;
that immediate passage is necessary to control subdivision develop-
ment pending the passage of the foregoing Ordinances; that this
Ordinance shall continue in full force and effect until the expira-
tion of one (1) year of the date thereof or until repealed by the
permanent Ordinances.
PASSED AND ADOPTED by the City Council of the City of Cupertino / ~~
on the 2nd day of December, 1957, by the following vote: h
AYES: Councilmen Meyerholz, Nathanson, Paizis, Saich, Wilson
NOES: Councilmen None
ABSENT: Councilmen, None
Approved:
'hest:
~~ +~ ~~ /s/ R. I. Meyerholz
Mayor, City of Cupertino
i y ler