Cupertino Municipal Code Art. III Deferred Improvement Agreements

A. The frontage improvements along existing peripheral streets may be deferred when deemed necessary by the City Engineer. Deferral will be allowed when the City Engineer finds that construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements. When improvements are deferred, the subdivider shall enter into an agreement with the City for the installation of all frontage improvements at such time in the future as required by the City. The agreement shall provide:

1. Construction of such improvements shall commence within six months of the receipt of the notice to proceed from the City;

2. That in event of default by the owner, his or her successors or assigns, that City is authorized to cause such construction to be done and charge the entire cost and expense to the owner, his or her successors or assigns, including interest from the date of notice of the cost and expense until paid;

3. That this agreement shall be recorded in the office of the Recorder of Santa Clara County, California, at the expense of the owner and shall constitute notice to all successors and assigns of the title to such real property of the obligation herein set forth, and also a lien in such amount as will fully reimburse the City, including interest as hereinabove set forth, subject to foreclosure in event of default in payment;

4. That in event of litigation occasioned by any default of the owner, his or her successors or assigns, the owner, his or her successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against such real property;

5. That the term "owner" shall include not only the present owner but also his or her heirs, successors, executors, administrators and assigns, it being the intent of the parties hereto that the obligations herein undertaken shall run with such real property and constitute a lien there against.

B. The agreement shall not relieve the owner from any other requirements specified herein. The construction of deferred improvements shall conform to the provisions of this title and all applicable articles of the Municipal Code in effect at the time of construction.

(Ord. 2085, § 2 (part), 2011; Ord. 1384, Exhibit A (part), 1986)

A. The subdivider may designate as a remainder that portion which is not divided for purpose of sale, lease or financing. Alternatively, the subdivider may omit entirely that portion of any unit or improved or unimproved land which is not divided for the purpose of sale, leasing or financing. In all cases, the remainder or omitted unit shall not be counted as a parcel for the purpose of determining whether a parcel map or a final subdivision map is required under this title.

B. For a designated remainder or omitted unit described herein, the fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a building permit is issued by the City for development or redevelopment of such remainder or omitted unit, or until the construction of the improvements, including the payment of fees associated with any deferred improvements, is required pursuant to an agreement between the subdivider and the City.

C. In the absence of such an agreement described above, the City may require fulfillment of such construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of a final map and prior to the issuance of the remainder or omitted unit upon a finding by the City Council that the fulfillment of the construction requirements is necessary for reasons of:

1. The public health and safety; or

2. The required construction is a necessary prerequisite to the orderly development of the surrounding area.

D. The provisions above described providing for a deferral of the payment of fees associated with any deferred improvements shall not apply if the designated remainder or omitted unit is included within the boundaries of a benefit assessment district or community facilities district.

E. Any designated remainder or omitted unit may subsequently be sold without the requirement of the filing of any parcel or final subdivision on condition that either the seller or the buyer obtain a certificate of compliance or conditional certificate of compliance from the City Engineer.

(Ord. 2085, § 2 (part), 2011; Ord. 1609, § 1 (part), 1992; Ord. 1384, Exhibit A (part), 1986)