HomeMy WebLinkAbout067-98RESOLUTION NO. 67-98
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SUBDIVISION 8047, LAWRENCE ESTATES - UNIT II,
LOCATED AT THE NORTHWEST CORNER OF LAWRENCE ROAD AND
CULET RANCH ROAD
WHEREAS, Pulte Home Corporation, subdivider of said subdivision, has requested the Town
of Danville approve said Subdivision Map and Subdivision Improvement Agreement; and
WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply with
standards set forth in the California Subdivision Map Act and Danville Municipal Code; and
WHEREAS, subdivider has now complied with all Conditions of Approval established by the
Town of Danville for the subject subdivision; and
WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and
WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are consistent with
the Town's General Plan; now, therefore, be it
RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement appended
hereto as Exhibits 1 and 2 respectively, are hereby approved and Town staff is hereby authorized
and directed to execute the same on behalf of the Town.
APPROVED by the Danville Town Council at a regular meeting on May 5, 1998, by the
following vote:
AYES: Waldo,
NOES: None
ABSTAINED: None
ABSENT: None
Arnerich,
Doyle, Greenberg, Shimansky
MAYOR
CITY ATTORNEY
ATTEST:
CITY CLERK
OWNER'S STATEMENT
~!q[ UNDERSIGNED, B(:ING ~ PARtES HAVING A RECORD t11.(: INEREST IN THE LANDS
0ELIN(:AT(:D ANO EMBRACED ~Ml141N 1HE HEAVY BLACK UNES UPON 11415 MAP. DO HEREBY
CONSENT TO ~ MAKING AND R(:CQRDAtON OF THE SAM(:; AND DO HE:RE:BY DEDICATE TO
THEE TOVIN OF DANVILLE, EASEMENTS FOR PUBUC SWE(:T AND U11UTY PURPOSE. SHOV~NI
HEREON AS LAWNEN¢~ ROAD. CULET RANCH ROAD AN0 B(:NJAMIN LANE:.
THE: AR(:A DESIGNAtEO AS 'PUBUC UtUTY EASEMENT' OR 'P.U.(:." IS DEDICATED TO 114(:
PUeUC FOR PUeLIC U11Ut(:S, INCLU01NG CONSmUCRON. ACC(:SS OR MAINTENANCE: O~
WORKS, iMPROVEMENTS. OR SIRUC1UR~S. WH(:NER COVERED OR OPEN, OR THE CLEARING
OF OBS~RUCllONS OR VEGETAtON UNDER. UPON, OR OVER SAID EASEMENT.
114(: ARI:A D(:SIORATEO AS 'PmVAIt STORM DRAIN EASEMENT' OR 'P. SD.(:.' IS SPECIFICALLY
FROM PUBUC DLrDICAtOM BUT IS FOR TH~ U~ OF THE OWNERS AS DEFINEO IN THE: D(:CLARAllCN
OF C0V[NANTS, CONO(I1ONS AN0 R~:SmlCtONS FOR SUBDIVISIOR 8047 AND MAINI~NANCE BY 114(:
HO~EOWN(:RS ASSOCIATION GOVERNING SUBDIV1SIOR 8047 FOR STORM SE,~R INCLUDING CONSIRUCTION.
ACCESS OR MAINTENANDE OF WORKS, tMPROVt:MENTS AND SmUCTUR~S WN(:TH(:R COVER(:D OR OPEN,
OR I~ CLEARING OF OBSTRUCtONS AND V~G~TAflON.
THE: ARE:AS DESIGNATED AS 'PARCEL A" , 'PARCEL B' AAD 'PARCEL C' ARE TO BE OWNED AND MAINTAIN(:O
BY THE: NOM(:OqRIv~R'S ASSOC1AtON FOR SUBDIVisiON 8047 FOR USE AS LANDSCAPE: MAINTENANCE EASEMENTS
FOR COMMON PUBtIC USE. NOT TO SE RESERVED FOR PRIVATE US(:. NOR PRIVATELY MAINTAIN(:D
RY INDI%qDUAL PRDI~:RTY OWNERS, NOR DEVELOPED MTH PRIVATE LANDSCAPING OR SmUCIUR~S
INSTAt-LrO BY INDIV~DOAL PROPERTY O'RN(:RS, INSTALLAllON OF LANDSCAPING OR SmUCIURES BY
INO~DUAL PROPERTY OWN(:RS IN SAID PARCELS ("A','B" a, *C') SHALL RESULT IN REMOVAL OF ANY WORKS
AT THE (:XP[NSE OF 114(: INDIVIDUAL PROP(:Rrf OV~N[R. PARC(:LS A. R, AND C ARE HEREBY DEDICATED AS
~ ACCESS EASEMENTS TO THE TOWN OF 0ANVI. LE.
DE'~[I.DIq~(NT meriTS TO PARrrLS A, n ANO C AJ~ H~REBY DEDICATED TO mE: Tovm OF OANViLI2~
11( AR~A D(SIGNAI[D AS 'PARCEL D° IS S~DIIrlCAU,Y (:XCLUDED FROM PUBLIC DEDICA11ON, AND IS
PESERVtD FOR FUIURE D(VELOPM(:Nr USE. ·
IHIS MAP ~OW5 ALL [ASEkI~:NTS OR THE PREMISES OF RECORD AS DISCLOSED IN THE
PREUMINARY t'II.E REPDRT PIlEPARED BY FIRST AMERICAN 11Q.E GUARANTY COMPANY..
KA1~I[ M. ~LANK[NSI~IP
OWNER"S ACKNOWLEDGEMENT
STATE OF CAI.irORNIA )
COUNTY OF )
Y Pueuc IN ANo FOR SA~ STATE, PERSONALLY APP(:AR(:D
[MNy'Kk~ TO k~. (OR P~OVED TO ME O~ THE: BAeaS OF SAtSFACTORY
PERSON(S) w~4OS[ N~[(S) sS\k~: ~D TO ~E W~S~ INS~UUEN~ A~
~O TO ME mAT HE~[/~EY ~D ~E SAME IN ~S~ER~EIR AU~IZED
N~:
SUBDIVISION 8047
LAWRENCE ESTATES - UNIT II
BEING A RESUBDIVISION OF PARCEL "C"
AS SHOWN ON PARCEL MAP MS 81-77 (59 PU 37)
T0~N OF DANVlLLE CONTRA COSTA COUNIY CALIFORNIA
dk ASSOCIATES, Inc.
CIV1L ENGINEERING-PLANNING-SURVE'(1NG
1440 MARIA LANE, SUITE 200
WALNUT CREEK, CALIFORNIA 94596
FEBRUARY, 1998
TOrN OF
OANVILLE
VICIqlTY MAP
NOT TO SCALE
BENEFICIARY STATEMENT
~ UNDERSaONED, AS BEN(:FIC1ARY UNDER THE D~(:D OF MUST
RECORDED MARCH 4o 1993 IN BOOK 18322 AT PAGE 7Be, OFFIQAL
RECORDS OF CONmA COSTA COUNTY, DOES HEREBY JOIN IN AND
CONSENT TO THE EXECUtOR OF THE FOREGOING OWNER'S
STATEMENT AND TO THE: RECOROAI1ON OF THIS MAP AND ALL
D[EOING AND O(:DICAtONS THEREOR.
FIRST TRUST NATIONAL ASSOCIA110N
DATED: BY:
ACKNOWLEDGEMENT
STATE OF CAUF~qNIA )
COUNTY OF )
A NOTARY PUBLIC IN AND FOR SAID STATE. P~RSONALLY APPEARED
PERSONALLY KNOWN TO ME, (OR PROVED TO ME ON THE BASJS OF SAtSEACTORY
TO BE THE; PERSON(S) WIHOSE NAM(:(S) IS\ARE: SUBSCRIBED TO/14(: WITHIN INSTRUMENT AND
ACKNOVA.EDG~D TO ME: THAT HE/SHE/TH(:Y EXECUTED THE SAME IN HIS/~4(:R/THEIR AUTHOR~Z(:D
CAPACITYEllS), AND THAT BY HIS/HER/IHEIR SIGNA~JR(:(S) ON THE INSTRUMENT 1HE PERSON(S)
OR THE: (:N11TY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
WI1NESS MY HANO
eaONATUR(:.
PRINTED NAME::
NOTARY PUBLIC IN AND FOR THE COUNTY OF
STATE OF CALIFORNIA
MY COMMISSION EXPtRES:
COUNTY OF PRINCIPAL BUSIN(:SS:
OPTIONEE'S STATEMENT
THE: UNDERSION(:D, AS OPtONE[ UND(:R THE M(:MORANGUM OF ORtOR
BY: OATE:
ACKNOWLEDGEMENT
STALE OF CAUFORNIA )
COUNTY OF )
ON BEFOR( ME.
A NOTARY PUBUC IN ANO FOR SAID STATE. PERSONALLY APPEARED
PERSONALLY KNOViN TO ME:, (01t PROVED TO ME ON 11( BASIS OF $AtSF'ACTORY
TO 8[ 114E: P[RSGN(S) WNOS[ NAME(S) IS\ARE SUBSCRIBED TO THE: mIHIN INSTRUMENT AND
ACKNOII. EDG~O TO ME THAT HE/SHE/THEY EX~GUI[D 114[ SAle( IN HIS/)4(:R/II.IIrlR AUIHORIZED
CAPAOTY(IES), AND THAT DY HIS/¥4~R/1H(:tR $1GNAIURE(S) ON THE: INSTRUMENT THE PERSON(S)
OR THE ENtTY UPON BEHALf OF VA,IICH ~ PERSON(S) ACTED. [3~:GU1E{) THE INSTRUM(:NT.
WITH[SS MY HAND
SIGNAIUR(:.
PRINTED NAME:
NOTARY PUBLIC IN AND FOR THE COUNTY OF
STATE OF CALFORNIA
MY COMMIS,~ON (:XPIRES:
COUNTY OF pRINCIPAL eUSINES~.
96-1010-21 SHEET I C~' 3
CITY [NGINEER'S STATEMENT
I. ST[YEN C, LAKE. CITY ENCIN[ER OF 11-1E TOtWi OF DANVILI2, COUNTY OF
CONIRA COSTA. STATE OF CALIFORNIA, HEREBY STATE THAT I HAVE EXAMJNED
THIS'MAP ENR~tEO 'SUBOIVISION 8047 LARRENCE ESTATES UNT I1' ANO THAT
SAD SUBIX~g0N AS ISHO~ IS SUBSTANTIALLy THE SAME AS IT APPEARED
0N::INE TENTA!1%[ MAP AN0 APPffOVED ALTERAfiONS THEROF AND mAT
'~l.Ij P:,.RO~ISIONS-OF STATE_ LAWS ANO ~LO CAL OR0 NANC~S ~RMNG mE
fiLINg OF SUB01VISION 'MAPS HAVE BEEN COMPUEO' tMm AN0 AM
'SAnSBlED THAT TI4E SAME IS ,TECHNiCALLY CORRECT.
STEVEN C, LAKE R.C.[. 31870
CITY ENGINEER,
TORN OF OANVdl[
STATE OF CALIFORNIA
REGISIRARON EXPIRES: DECEMBER 31. 2000
SUBDIVISION 8047
LAWRENCE, ESTATES'-.'UNITE
BEING A RESUBDIVISION OF PARCEL "C"
AS SHOWN ON PARCEL MAP MS 81-77 (59 PM 37)
TOWN OF OANVPJZ ' CONIRA COSTA COUNTY CALIFORNIA
dk ASSOCIATES, Inc.
CIVIL ENGINEERING-PLANNING-SURVEYING
1440 MARIA LANE. SUITE 200
WALNUT CREEK, CALIFORNIA 94596
FEBRUARY, 1998
BUILDING OFFICIAL'S STATEMENT
THE Ir(~ GE(X. OGIC REPORTS HAVE BEEN REC~VEO AND APPROVED FOR AREAS INCLUDe)
IN 11tls $UB~MSION AND AR~ KEPT ON FILE FOR PUBUC INSPEC11ON IN THE TOMi OF
D,amVUZ BUt/NNG NSIt:C*nON I)IV~ON. DANVILi. Z, CAUrOmeA.
DA~' INCBBPGqATED
ACtiNG Ci41Er ~UILCING OFFlciAL
TOW4 OF DANMU.E
COUNTY (F CDN~A COSTa
DATED: le BY:
ENGINEER'S STATEMENT
THA, TH,' .AP .ASr,m,,,,,,' ME. OR ,BE.
: , . . ,., ;I., .. O COMPLETE AS
; ' , MAP $UFI1CiENT 10 OlABLE THE
SUIFi[y TO BE BEIRAC(D Mt.L BE S(T IN TIE POgll(]hl INDICATED ON OR BEltORE JUN~ 1, 2000. AN0
THAT I!( SUBOIM$,ON CBNTAIN5 2.297 I(CTARES. UORE OR LESS.
N.L POIR110NS OF ~ MAP I.J[ MTHIN THE INCeRPORAI'ED AR~A OF THE
ALL BEARINGS Gr 114tS MAR ARE BAS~I) ON 11.1E CM.r~RNIA C(X~RCINATE
IS'V~TEU~ ZONE m.
DATED:.
ROe~RT M. OUC~I, R.C.E. 29~'23
REGISTRARON E',~PIBES 3/31/g9
PLANNING STATEMENT
I HEREBY STATE THAT THE Ft. ANNING COMMISSION OF '114[ TOYN OF DANV/.J~.
CDNTRA COSTA COUNTY, STALE OF CN..I¢O RNIA, HAS AI~ROVED THE TENTATIVE
MAP OF THIS SUgOINiSK~N UPON ggOt HIS FINAL MAP IS BASED.
OATEO:
CHIEIr OF PLANNING
TOIN OF DANIm..LE
COUNTY OF CON'IRA COSTA
STATE OF CALIFORNIA
CITY CLERK'S STATEMENT
OF 0ANVr,.LE. COUN1Y OF CONTRA COSTA, STATE OF CAUFORNIA. DO HEREBY STATE THAT THE
CLERK OF THE BOARD OF SUPERVISORS STATEMENT
I STATE, AS CHEOREO BELOW, THAT:
(' ) A TAX BOND ASSURNG 11.( PA*filglT OF ALL TAXI[S ~ ARE NOW A U(N, BUT NOT
YET PAYAI~.F., HAS 8(EN RECEIVED/.NO lrlL~O MTH TH~ BOARD OF SUPERMS~R~ ar CCN1RA
COSTA COUNTY, STATE OF CALFORNfA.
( ) ALL TA*X'ES DUE HAVE BEEN PAID, AS Cr. R1WlED BY THE COUNTY REDDIPlION ~.
DATED: PHIL BATCHEl. OR
Ct. ERK OF ~ BOARO OF ~,"PERVIS~RS
COUNTY ADMINISTRATOR
COUNTY OF CONIRA COSTA
STATE OF CAUFORNIA
COUNTY RECORDER'S STATEMENT
11.115 MAP EN/!It[D '~UB01VlSION 8047 LAV~ftF. NCE ESTATES UNIT I1', IS HEIEBy ACCEPTED FOR RE
PRO~SONS OF STATE L~WS ANO LOCAL ORIXNANC(S'DOVEmeHG THE RUNG OF SUBI~t~OR MAPS.
FILEO AT THE REQUEST OF~,FIRST AMERICAN, 1IIIt~ GUARANTY COMpANy, CON1RA COSTA COUNTY
AT MINUTES PAST ~ ON 1HE ,,. DAY OF ,.
19__ IN 80(3( OF MAPS AT PAG( IN I~E (FFICE OF THE C(NNTY
RECORDER OF THE COUNTy OF CORTRA COSTA. STATE OF CAUFORNIA.
STEPHEN L ~IR, COUNTY RECORDER
COUNTy BECORD(R
COUNTY 4~r CCN1RA CGSTA
_ : - STATE OF C,~d. JrORNIA
0EPUTY COUNTY RECORDER
96-1o10-21 SHEET 2 Or 3
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SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision Name: Subdivision 8047. Lawrence Estates - Unit II
CouncilAction:/~AY' 5,.199e Completion Date:/"/lAY 5. 2000
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
TOWN OF DANVILLE
SUBDIVIDER:
S teven Lake
City Engineer
R:C.E. 31870 Expires 12/31/2000
Pulte Home Corporation
Subdividers printed name
~gnatt~re
John L. Johnson, Attorney-in-Fact
Printed Name & Title
5976 W. Las Positas Blvd., Suite
Addrcss
925-460-0100
Phone:
100,
PLeasanton, CA
94588
(NOTE: All Subdivider(s) signatures to be acknowledged. If Subdivider is incorporated, signatures must
conform with the designated representative groups pursuant to Corp6rations Code section 313.)
(This area for official notary flags. All Subdivider signatures must be prope~y notarized m accordance
with Civil Code section 1180. The name and rifles of the people signing the documents must be listed on
the notary flag.)
1 of 5
SUBDIVISION IMPROVEMENT AGREEMENT
1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville,
County of Contra Costa, California, hereinafter catled "Town." and the named Subdivider,
mutually promise and agree as follows concerning this subdivision: ~
2. IMPROVEMENTS. The subdivider shall comply with all Conditions of Abproval:
established by the Town Planning Commission and shall construct and install those improvements
· identified on improvement plans prepared by the Subdivider, approved by the City Engineer on
April 10, 1998 and kept on file in the Town offices of Development Services. The general nature
and description of the work and improvements to he constructed and installed are as follows:
street paving. curb and gutter. sidewalk. storm drainage facilities and all related appurtenances.
Subdivider shall complete said work and improvements (hereinafter called "work") within the
above completion period from date hereof as required by the California Subdivision Map Act
(Government Code section 66410 and following), in a good workmanlike manner, in accordance
with accepted construction practices and in a manner equal or superior to the requirements of the
Town of Danville Municipal Code and rulings made thereunder; and where there is a conflict
between the improvement plans and the Town Municipal Code, the stricter requirements shall
govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall,
pursuant to Government Code section 66499, and the Town of Danville Municipal Code, provide
as security to the Town:
A. For Performance and Guarantee: $ 5,000.00 cash, plus additional security, in the
amount of $ 215,000.00 which together total $ 220,000.00 which is one hundred percent (100%)
of the estimated cost of the work. Such additional security is presented in the form of:
__ Cash, Certified Check, Cashier's Check or Certificate of Deposit.
xx Acceptable Corporate Surety Bond.
__ Acceptable Irrevocable Letter of Credit.
With this security, the Subdivider guarantees performance under this Agreement and
maintenance of the work for one year after its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
Exhibit 2
2 of 5
SUBDIVISION IMPROVEMENT AGREEMENT
B. For payment: Security in the amount of $110,000.00 of which is fifty percent
(50%) of the estimated cost of the work. Such security is presented in the-form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit
x Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the contractor, to his
subcontractors, and to persons renting equipment or furnishing labor or materials to them or to
the Subdivider.
C. For legal costs:
presented in the form of: x
Security in the amount of $10,000.12}0. Such security is
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the Town of Danville for
legal and other costs associated with enforcing this subdivision agreement or in compelling
performance or recovering the security under this agreement.
D. Upon acceptance of the work as complete by the Town Council and upon request
of the Subdivider, the amount of the improvement securities may be reduced in accordance with
Section 31-11.16 a. of the Danville Municipal Code.
~ 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work
shall be free from defects in material or workmanship and shall perform satisfactorily for a period
of one (1) year from and after the Town Council accepts the work as complete in accordance with
Section 31-11.16 of the Danville Municipal Code. Subdivider agrees to correct, repair, or
replace, at his expense, any defects in said work.
The guarantee period does;not apply to road improvements for private roads which
are not to he accepted into the Town street"system.
5. PLANT ESTABLISHMENT WORK. Not applicable
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans
3 of 5
SUBDIVISION IMPROVEMENT AGREEMENT
for the work are adequate to accomplish the work as promised in Section 2 and as required by the
Conditions of Approval for the Subdivision. If, at any time before the Town Council accepts the
work as comp!ete or during the one year guarantee period, said improvement plans prove to be
inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish
the work as promised.
7. NO WAIVER BY TOWN. Inspection of the work and/or materials, or approval of
work and/or materials or statement by any officer, agent or employee of the Town indicating the
work or any part thereof complies with the requirements of this Agreement or acceptance of the
whole or any part of said work and/or materials, or payments therefor, or any combination or all
of these acts, shall not relieve the Subdivider of his obligation to fulfill this agreement as
prescribed; nor shall the Town be thereby stopped from bringing any action for damages arising
from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnities
from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are the Town and its
elective and appointive boards, commissions, officers, agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind
allegedly suffered, incurred or threatened because of actions defined below, and including
personal injury, death, property damage, inverse condemnation, or any combination of these, and
regardless of whether or not such liability, claim or damage was unforeseeable at any time before
the Town reviewed said improvement plans or. accepted the work as complete, and including the
defense of any suit(s), aCtion(s) or other proceeding(s) concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or non-negligent)
in connection with the matters covered by this Agreement and attributable to the Subdivider,
Contractor, Subcontractor or any officer, agent or employee of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not conditioned
or dependent on whether or not any indemnity has prepared, supplied, or reviewed any plan(s) or
specifications(s) in connection with this work or subdivision, or has insurance or other
indemnification covering any of these matters, or that the alleged damage resulted partly from any
4 of 5
SUBDIVISION IMPROVEMENT AGREEMENT
negligent or willful misconduct of any Indemnity.
9. COSTS. Subdivider shall, pay when due, all the costs of the work, including inspections
thereof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish 'survey 'monuments in accordance with the
filed map and to the satisfaction of the City Engineer.
11. NON-PERFORMANCE AND'COSTS. If Subdivider fails to complete the work
within the time specified in this Agreement~ and subsequent extensions, or fails to maintain the
work, the Town may proceed to complete and/or maintain the work by contract or otherwise, and
Subdivider agrees to pay all costs and charges incurred by the Town (including, but not limited to:
engineering, inspection, surveys, Contract,. overhead, etc.) immediately upon demand.
Once action is taken by Town ;to complete-or maintain the work, Subdivider agrees to
pay all costs incurred by the Town, even if Subdivider subsequently completes the work.
Should Town sue to compel performance under this Agreement or to recover costs
incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and
all other expenses of litigation incurred by Town in connection therewith, even if Subdivider
subsequently proceeds to complete the work.
12. AS-BUILT PLANS. Before acceptance of the improvements by the Town Council, the
Subdivider (or his Engineer) shall furnish the City Engineer a complete set of the original tracings
of the improvement plans for the subdivision (including all revisions thereto).
13: RECORD MAP. In consideration hereof, Town shall allow Subdivider to file and
record the Final Map or Parcel Map for said Subdivision.
Approved as to Form:
City Attorney Date
Attachments:
1)
2)
3)
Securities required
Performance and Guarantee ................ $215,000.00 + $5,000.00 (cash)
Payment ..............................................$I1'0,000.00
Legal .................................................$10,000.00
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