Filice Estate Vineyards, Inc..3 iC
PROPERTY DEVELOPMENT AGREEMENT
AGREEMENT FOR EXTENSIONS OF WATER DISTRIBUTIO" SYSTEMS:
• IMPROVEMENT OF STREETS; IIJSTALLATION OF SE►IERS, STORM
DRAI RS AAD OTHER PUBLIC '.JORKS FACILITIES
This agreement made and entered into this 7th day of April ,
19.15_, by and between the City of Gilroy, a municipal corporation, herein called
the `C i ty" and _Fi 1 i ce- EstateVineyards. Inc. . , a real property o_ �rner,
developer or subdivider, herein called the "Developer ".
WITNESSETH:
! JEREAS, a final map of subdivision, record of survey or building permit
(Site Clearance) application has now been submitted to the City for approval and
acceptance, covering certain real estate known as and called:
Castlewood Park #8 Tract #5616 and,
'!HEREAS, the Developer requires certain utilities and public works facili-
ties in order to service the property under the minimum standards established by
the City and,
WHEREAS, the City, by and through its City Council, has enacted certain
Codes, Ordinances and Resolutions and certain Rules and Regulations have been
promulUated concerning the subject matter of this agreement and,
11HEREAS, the City has certain responsibilities for maintenance and
operation of such utilities and public service facilities after acceptance by
City, and for providing the necessary connecting system, general plant and
appurtenances, and the City is agreeing to discharge those responsibilities.
NOW THEREFORE, in consi.Jeration of the premises and in order to carry on
the intent and purpose of said Codes, Ordinances, Resolutions and Regulations,
it is agreed by and between the parties as follows:
SECTION I
That all Codes, Ordinances, Resolutions, Rules and Regulations and
established policies of the City and the laws of the State of California concern-
ing the subject matter of this agreement are hereby referred to and incorporated
herein to the same effect as if they were set out at length herein. Said Codes,
Ordinances and Regulations include, but are not limited to, the following: The
Code of the City of Gilroy (including but not limited to Chapters 12A, 1), 20, 21
and Res. 1474, thereof pertaining to local improvement procedures in subdivision
or development respectively); Ordinance slo. 6,02 (Subdivision Procedure, etc.)Ordi-
nance No. 711 (Zoning Ord.); Ordinance No. 665 0967 Uniform Building !ode); Rules
and Regulations. Included in the above are all of the above referred to Codes,
Ordinances, Resolutions, Regulations and Substitutions therefor, as amended to
the time of execution of this agreement.
SECTION 2
The Developer agrees:
a. To perform each and every provision required by the City to be performed
by the Developer in each and every one of said Codes, Ordinances and
other Regulations.
b. To grant to the City without charge, free and clear of encumbrances, any
and all stipulated easements and rights of way in and to his said real
property necessary for the City in order that its water, electricity
and /or sewer lines in or to said real property may be extended.
c. To indemnify and hold the City harmless and free from all damage and
liability done to any utility, public facility or other material or
installation of the City on said real estate which the Developer or any
contractor or subcontractor of the Developer, or any employee thereof,
shall do in grading or working upon said real estate.
d. To construct and improve all public works facilities and other improve-
ments as set out herein, according to the standards heretofore estab-
lished, and according to the grades, plans and specifications thereof,
all as approved by the City Engineer; and shall furnish two (2) good and
sufficient bonds, each of which shall be executed in the face amount of
no less than $ 275,000 , and one of which bonds shall
guarantee that faithful performance of this agreement and the other said
bond shall secure payment to the contractor, his subcontractors and to
persons renting equipment or furnishing labor or materials to them for
the improvement hereunder, and as provided for in Section 11612 of the
Business and Professions Code of the State of California, the Codes,
Ordinances, Resolutions and Regulations of the City, and this agreement.
e. That upon approval of the final map of the subdivision, the record of
survey or the building permit covering the real estate to be improved,
and before any work is done therein, the Developer shall pay to the City
all sums, except costs to be borne by the City, shown in Section 7 there-
of to be due under the terms and provisions of this agreement.
SECTION 3
That all sums shown herein to be payable by the Developer to the City are
due and payable to the City upon the execution of this agreement.
SECTION 4
That all the provisions of this agreement and all work to be done pursuant
to the terms of this agreement are to be completed within one year from and after
the date and year first above written.
SECTION 5
That the special provisions concerning the particular real estate referred
to above, being attached hereto, are hereby incorporated herein and expressly made
a part of this agreement.
SECTION 6
The faithful and prompt performance by the Developer of each and every term
and condition contained herein is made an express condition precedent to the duty
of the City to perform any act in connection with this transaction, and the failure,
neglect or refusal of the Developer to so perform, or to pay any monies due here-
-2-
under when due shall release the City from any and all obligations hereunder and
the City, at its election, may enforce the performance of any provision herein,
or any right accruing to the City or may pursue any remedy whatsoever it may have
under the laws of the State of California or the Codes, Ordinances, Resolutions or
Regulations of the City, in the event of any such default by Developer.
SECTION 7
That the following are the estimated amounts of costs to be borne by the
respective parties hereto, and it is further understood and agreed that said amounts
are estimated only and are subject to final determination upon completion of the
work.
I FAC I L I TY
a. Easements & Rights -of -way
"On Site ",
b. Easements & Rights -of -way
"Off Site ",
c. Street Paving
See Item D
Calculation Sheet
d. Street Curbing; see City
Code Sec.26 -12, Table If
DEVELOPMENT COSTS
$ 100%
$ 100°/
6 r, AaL an
$ 100%,
e. Sidewalks; see City Code, 1000/1
Sec. 26 -12, Table 11 $
f. Street Name Signs; see City
Code, Sec. 26 -12, Table II $
100%
-3-
CITY'S COSTS BALANCE
$ % -0-
$_ 0%
M
$ 9,979.20 Cr.$4,284.30
$ 0%
$ %
u
$ 0% -0-
g. Street Tree Planting &
Parkway Improvements;
City Code,
h. Street Lighting;
i. kla to r � sOn Site"
_Seal cn i l at i cm -sheet
Item (A) 2 & 3
j. 'later `'Off Sites'
16-75R At- @ 160-()n
k. Sanitary Sewer i1On Site"
,See Ca_jcMjatjjm Sheet _
Balance
100% $ 0 -0-
$ 1000 - $ 0% _ -0
$�2,257.64� $ 2,420.00 Cr. 162.36
$� 6,032.88 $__ 0% $6,032.88
$ 1,411.03
1. Sanitary Sewer, "Off Site" $ Deferred
Payable with Building Permits
@ $160 /lot
St rm gains On Site'
$- 0% _ _1,411.03
$ 0%
100% $ 0%
n. Storm Drains, Off Site" $_`11,311.65
16.758 Ac @ 675.00 _
o. Engineering, Inspection 8
Plan Check 3.5% x a__27 Qq0 9,625.00
-4-
Deferred
$ -0- $11,311.65
$ 9,625.00
DUE
CITY 9Y DEVELOPED.
$
23,933.90
DUE
DEVELOPER BY CITY
$
-0-
IPl WITNESS WHEREOF, said parties have caused these presents to be
executed the date and year first above written.
CITY OF GILROY
ATTEST:
City Clerk
FORM 4 PROVED:
City Att#rney
*
FILICE ESTATE VINEYARDS
t ,
BY
BY
VOTE: If Developer is a corporation, the complete legal name and corporate
seal of the corporation and the corporate titles of the persons
signing for the corporation shall appear above.
* Filice Estate Vineyards is soley the owner of the property. Development
of the property in accordance with this agreement will be completed by
Pyramid Homes.
-5-
DEVELOPMENT FEES
CASTLEWOOD PARK # 8
CALCULATION SHEET
Area 16.758 Acreage
Frontage on Third Street 564.41 L.F.
A. Water
1. Offsite Water
16.758 Acres @ $360 /acre $ 6,032.88
2. Onsite Water
8" CIP on Third Street
564.41 L.F. @ $4.00 /L.F. 2,257.64
3. Credit difference between
12" CIP and 8" CIP on Wren Ave.
(10.00 - 8.00 = 2.00) L.F. x 1210 L.F. 2,420.00 Cr.
B. Sanitary Sewer
1. Offsite (payable with building permits)
$160/lOt x 67 lots = $10,720
2. Onsite sanitary 12" on Third Street
8" charge 564.41 feet @ $2.50 1,411.03
C. Storm
1. Offsite storm Area ''A"
16.758 A.C. @ $675 11,311.65
2. Onsite storm drain
by developer
D. Street Improvements
1. City Liability
Wren Avenue Center Strip
1120. x 11' wide @ 0.81 /S.F.
12320 S.F. x 0.81 9,979.20 Credit
2. Developer's Liability
Third Street Existing Improvements
$42,180.72 for 4,180 F.F. = $10.09 /F.F.
564.41 x 10.09 5,694.90
E. Engineering
Plan check & inspection
3.5% @ $275,000 9,625.00
Total $23,933.90
CASTLEWOOD PARK # 8
STIPULATIONS
1. Owner agrees to dedicate and improve all required streets within the
subdivision.
2. Prior to any occupancy in this unit, the owner agrees to provide secondary
access to the end of Montebello Drive by constructing one of the following:
A. Reserve Lot 192 and improve a 24' access road to Montebello Drive.
Minimum construction shall be 2" asphalt paving on 6" baserock
installed to City specifications.
or B. Construct a 2 lane road to Wren Avenue from the end of Montebello
Drive. Minimum construction shall be 2" asphalt 8" baserock.
3. The developer shall improve the drainage ditch between Montebello Drive
and Lot 186 as shown on the improvement plans.
4. The developer agrees to complete the fire protection system and the place-
ment of baserock before any house framing due to the potential fire hazard.
No buildings will be finaled until the final lift of paving is in place and
all public improvements have been tested and approved.
5. Developer shall complete Wren Avenue from its existing terminus south of
First Street to Third Street.
6. Developer shall install two additional street lights; one at station 20 + 70
on the north side of Third Street and one on Wren Avenue at station 1 + 75.
The developer shall be reimbursed for the additional electroliers should
another individual develop these adjoining properties. This stipulation
shall expire 10 years from the date of this agreement.
7. All electroliers shall become City property.
8. All offsite construction shall be reimbursed on the basis of Rate
Schedules outlined in Resolution 1580. Said reimbursement will be paid
after fees are collected from other developing property owners and
improvements have been inspected and approved. Reimbursements shall be
limited to the following: curbs and gutters, sidewalks, street paving,
electroliers, fire hydrants, and water, sewer, and storm mains. Said
reimbursements shall be limited to those improvements installed on Wren
Avenue, Third Street and on Montebello Drive if installed.
�r 1 ' vL rl *1 AX EO�:D BO`iD 1D. 351159
/�''� nr?f; .t'j .. 5- .? 3 $118.00
' KNOW ALIT, MEN BY THESE PRESENTS: THAT We, FELICE ESTATE
VT!,TEYARDS as Principal , and AMEI ICAN E� P E I�I:STT'A CE CO.
as Surety, are held and firmly bound unto the COUNTY OF SANTA CLARA, STATE
OF CALIFORNIA,
011,750.00)
in the penal
sum oi_
, Eleve_.- Thou 3 and- S even- 1Iundred =fifty
dollars
DOLLARS
for the
payment of which sum will and
truly to
be made, we bind ourselves, our heirs, executors and assigns, jointly and
severally by these presents:
THE CONDITION of the above obligation is such that whereas, FELICE
ESTATES VINEYARDS the Owners of a tract of land representing a
certain subdivision of real estate, to -wit:
'TRACT 1TC), 5616 Castlewood Park-Unit 7'1-'8
intend to file a map thereof with the Recorder of Santa Clara County, and
WHEREAS, the provisions of the State Law require that this bond be
filed with the Board of Supervisors of said County.
NOV:, THEREFORE, if the said principal shall pay, or cause to be paid,
when due, all taxes and all.special assessments collected like taxes for the
tax year 1975 -76 which at the time of filing said map, are a lien aaainst
Z;UCil ai ►yrul`�ia1Gn,' or +aray part thC- rccc —f, brat -,,Ot yct- payable, t;ic^n thi:r
obligation shall cease and be void, otherwise shall remain in full force
s and effect.
, IN WITNESS WHEREOF, said Principal and said Surety have hereunto set
their hands and seals this 8th day of May, 1975
By_
v
PRINCIPAL
Y
�� ,' SURETY
STATE OF CALIFORNIA SS.
COUNT( Of Santa Clara )
On this 8th day of May 19 75
before me personally appeared GeQrae S Sha
Attorney --in -Fact of AMERICAN EMPIRE INSURANCE COMPANY with whom I am personally
aquainted, and who, being by me duly sworn, says that he resides in Sin apse- ;
that he is the Attorney -in -Fact of American Empire Insurance Company, the company de-
scribed in and which executed the within instrument; that he knows the corporate seal
of such company; and that the seal - affixed to the within instrument is such corporate
seal and that it was affixed by order of the Board of Directors of said Company, and
}, that he signed said instrument as Attorney -in -Fact of the said Company by like order.
-CA! _IfoR�l!A
r
S., A Ci COUNty
Notary public
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May 8, 1975
City of Gilroy
7390 Rosanna Street
Gilroy, CA 95020
Attention.: Dave Hanson
Re: CASTLEWOOD PARK NO. 8
Tract No. 5616
Gentlemen:
This letter, when signed by you will serve to confirm
the City of Gilroy's agreement with Fil.ice Estate Vineyards
concerning our guaranties to construct and improve all pub -
lic work facilities and other improvements as set out in
that certain property development agreement between us con -
cerning.the above - captioned tract.
Concurrently herewith, we deliver to you and you acknow-
ledge receipt of the following documents:
1. Bank of America Certificate of Deposit No. 461222
endorsed to the City of Gilroy in the sum of
$200,000.00.
Maturity date: August 3, 1975
2. Assignment dated May 8, 1975 concerning
Banker's Acceptance Transaction No. 0940716
having a par value of $25,000.00 with an
amount due of $24,666.67.
Maturity date: July 3, 1975
Banker's Acceptance Transaction No. 0940716
with a par value of $60,000.00 with an
amount due of $59,185.00.
Maturity date: May 23, 1975
Said Certificate and Banker's Acceptance guaranties the
faithful performance of the said property development
agreement and secures payment to the contractor, sub - contractors,
City of Gilroy
May 8, 1975
Page Two
and to persons renting equipment or furnishing labor or
materials to them for the improvements thereunder, and
as provided for in Section 11612 of the Business and
Professional Code of the State of California, the Codes,
Ordinanaces, Resolutions and Regulations of the City and
in the said development agreement.
Filice Estate Vineyards, when the said Certificate
and Acceptances mature, may substitute other guaranties
satisfactory to the City of Gilroy; provided, however,
that all such guaranties shall be in the full amount of
$275,000.00. The City of Gilroy upon receipt of such sub-
stituted guaranties shall endorse the said Certificate and
cashier's checks issued for the Acceptances to Filice Estate
Vineyards.
The substituted guaranties acceptable to the City of
Gilroy shall remain in effect until all said public works
facilities and other improvements are completed and approved
by the City of Gilroy.
If the foregoing accurately sets forth your understand-
ing of the agreement between us, please so indicate by execu-
ting in the space provided below and returning a duplicate
original of this letter to us.
Very truly yours,
FILICE ESTATE VINEYARDS
AGREED TO AND ACCEPTED
AS O
CITY
BY
TO: BANK OF AMERICA NT & SA
Gilroy Branch
Bank Investments Security Division
Customer Holdings Section
World Headquarters May 8, 1975
The undersigned hereby assign to the City of Gilroy pur-
suant to that certain letter agreement by and between Filice
Estate Vineyards, a California general partnership, and the
City of Gilroy,two Banker's Acceptances identified as follows:
Banker's Acceptance due 7/3/75 Transaction No.0940716
in safe keeping number 70- 319979 having a par value
of $25,000.00 with an amount due of $24,666.67.
Banker's Acceptance due 5/23/75 Transaction No.
0560004 in safe keeping number 70- 319979 having a
par value of $60,000.00 with an amount due of
$59,185.00.
The undersigned hereby request that the Bank of America
NT & SA, upon maturity of the respective above captioned
Banker's Acceptance issue it's checks payable to the City of
Gilroy and hold said checks at the Gilroy Branch of the Bank
of America and concurrently notify:
JOHN M. FILICE, JR.
7951 Wren Avenue, Suite D
Gilroy, CA 95020
DAVE HANSON
City Engineer
City of.Gilroy
FILICE ESTATE VINEYARDS, a
�2�lifornia General Partnership
ACKNOWLEDGED:
BANK OF V5C NT & SA
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