Ordinance No. 13-2109 Acceptance of Public ImprovementsORDINANCE ANCE PTO. 13-2109
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AN ORDINANCE of THE CITY COUNCIL of THE CITY of CUPERTINO
AMENDING SECTIONS 14,04.170 AND 18.32. 90 of TIDE
CUPERTINO MUNICIPAL CODE REGARDING
DING
ACCEPTANCE of PUBLIC IMPROVEMENTS
ENTS
THE CITY COUNCIL of THE CITY OF CUPERTINO DOES HEREBY ORDAIN
As FOLLOWS:
Section 1, The following provisions of Cupertino Municipal Code Chapter 14.04
are hereby amended to read as follows:
14.04.170 Installation Agreement—Bond—Other Security.
A. Whenever an installation agreement is executed pursuant to the provisions of
this chapter, the permittee shall file with the City at the time of making said agreement
a faithful performance bond to assure his full and faithful performance of the
agreement. The penal sum of the faithful performance bond shall be the full cost of any
payment to be made under the agreement; the value of any land agreed to be dedicated,
and any improvements to be made under the agreement. In the event that
improvements are to be made under said agreement, the permittee shall, 'in addition to
the faithful performance, file with the City at the time of making the agreement, a labor
and materials bond in a penal sung adequate to assure full payment of all labor and
materials required to construct said improvements. The amount of the bonds shall be
as designated by the City Engineer. The bonds shall be exec .ted 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 Engineer as to sufficiency. In the event
that the permittee fails faithfully to perform the covenants and conditions of the
agreement, or to make any payment, or any dedication of land, or any improvements
therein required, the City shall call on the surety to perform the agreement or otherwise
indemnify the City for the permittee's failure to do so.
B. In lieu of a surety bond, the permittee may elect to secure any said agreement by
depositing with the City:
1. Cash; or,
2. A cashier's check, or a certified check, payable to the order of the City; or,
Ordinance loo. 13 -2109
Page
3. A certificate of deposit or irrevocable letters of credit as approved by the City
Attorney.
C. The amount of said cash, checks, certificate of deposit, or irrevocable letters of
credit, shall be as designated by the City Engineer, and shall be the equivalent to that
which would have been required had the per mittee furnished. the City with a surety
bond. In the event that the permittee fails faithfully to perform the covenants and
conditions of said agreements, or to make. any payment, or any dedication of land, or
any improvements therein required, the City may apply the proceeds of said security
thereto.
D. No release of surety bond, cash deposit, cheek, certificate of deposit, or
irrevocable letters of credit, shall be made except upon approval of the Git r ngineer.
E. No interest shall be paid on any security deposited with the City.
F. The security for any agreement executed pursuant to the provision of this
chapter may, nevertheless, be waived pursuant to the requirements of, and the
procedures set forth in Section 14.04.230.
Section 2. The following provisions of Cupertino Municipal Code Chapter 18,32 are
hereby amended to read as follows:
18.32.390 General
A. When all improvement deficiencies have been corrected and as-built
improvement plans filed, the subdivision improvements shall be considered by the City
Engineer for acceptance,
B.. Acceptance of the improvements shall imply only that the improvements have
been completed satisfactorily and that public improvements have been accepted for
public use.
Section 3. All other provisions of Cupertino Municipal Code Chapters 14.04 and
18.32 shall remain unchanged.
Ordinance No. 13-2109
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INTRODUCED at a special meeting of the Cupertino City Council the 19th clay
of March, h, 2013 and ENACTED at a regular meeting of the Cupertino City Council of the
City of Cupertino the 2nd day of April, 2013, by the following vote:
Vote Members of the City. Council
ACES:
Mahoney, Wong, Chang, Santoro, Sinks
N
None
ABSENT:
None
ABSTAIN:
Done
.TTE T: PP � L :
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Grace Schmidt, City Cleric ffrrin Mahoneyr,IrMayor, City of Cupertino
STATE OF CALIFORNIA }
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, GRACE SCHMIDT, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No. 13 -2149, which was
enacted on April 2, 2013, and that it has been published or posted pursuant
to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 4th day of April, 2013.
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GRACE SCHMIDT, pity Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
oramance Lertiricate