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HomeMy WebLinkAboutRESOLUTIONS - 12052006 - 2006-758 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December S, 2006 by the following vote: AYES: Uilkema, Piepho, Glover and Gioia NOES: None VACANT: DISTRICT IV SUPERVISOR DESAULNIER ABSTAIN: None RESOLUTION NO. 2006/ 7-69 SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters on Charbray Street (North), Road Acceptance 06-01222 (cross- reference Subdivision 99-08381),being developed by Shapell Homes,a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) These improvements are approximately located near Camino Tassajara and Blackhawk Drive. The following document was presented for Board approval for the Alamo Creek Bioretention Street Filters,Road Acceptance 06-01222(cross-reference Subdivision 99-08381)property located in the Danville area, Supervisorial District III. A Road Improvement Agreement with Shapell Homes, a Division of Shapell Industries,Inc., a Delaware Corp.,principal,whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within two years from the date of said agreement. Improvements generally consist of road and drainage improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: Originator: Public Works(ES) Contact: T.Ric(313-2363) I hereby certify that this is a true and correct copy of an action LB:vz G:\EngSvc\BO\2006\12-05\60-15 RA 06-1222.doc taken and entered on the minutes of the Board of Supervisors cc: Public Works- Construction Current Planning,Community Development on the date shown. T—October 5,2008 Shapell Homes 100NorunMilpitas Blvd ATTESTED: (iYY!'f7PiyOVd^' aQPOL Milpitas,CA 95035 Atm:Sam Worden and Jim Gold JOHN CULLEN, Clerk of the Board of Supervisors and National Fire Insurance Company of Hartford 2355 E.Camelback Road,Suite 500 County Administrator Phoenix,AZ 85016 Atm:Pamela L.Stocks By Deputy RESOLUTION NO.2006/ SUBJECT: Approving the Road Improvement Agreement for the Alamo Creek Bioretention Street Filters on Charbray Street (North),Road Acceptance 06-01222 (cross- reference Subdivision 99-08381), being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp., Danville area. (District III) DATE: December 5, 2006 PAGE: 2 I. Cash Bond Performance Amount: $1,500.00 Auditor's Deposit Permit No. DP 472597 Date: October 25, 2006 Submitted by: Shapell Homes Taxpayer identification number: 95-2578030 H. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number and Date: 929390948 October 17, 2006 Performance Amount: $151,700.00 Labor&Materials Amount: $76,600.00 Principal: Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corp. NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. ,RESOLUTION NO. 2006/7-�' 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work detennined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County 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 Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY:-'Developer,shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnifies benefitted and protected by this promise are the County,and its special district,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 County reviewed said improvement pians or accepted the work as complete,and including the defense of any suit(s),action(s),or other procceding(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 Developer,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 Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly fort any negligent or willful misconduct of any Indemnity. 9. OTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. I1. INCORPORATION/ANNEXATION. If, before the Board of Supervisors accepts the work as complete, the development is included in territory incorporated as a city or is annexed to an existingcity,the County s rights under this agreement and/orany deposit,bond,or letterof credit securingsaid rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of thus agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw \\PWS41SRARDATAIGrpData\EngSvc\Fonmt AG WORDMG-24,dw Rev.April 6,2000 ROAD IMPROVEMENT AGREEMENT 7y►�2fi Developer: Shapell Homes, a Division of Shapell Industries, Inc., a Effective Date: «<�-��� Delaware Co Development: RA 06-01 222 Xak su P28�I Completion Period: 2 year Road: Alamo Creek Bioretention Street Filters Charbray St.(North) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director By: y l � �.�/�' (signature) (print name&rule) � Mao ve - As-6f - V 0 RECOMMENDED FOR APPROVAL By: (Sig-mum) ' Engineering Serv' Di islo (prim name&We) � - -As-l-- s FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be mlonawledged. if Subdivider is incorporated,signatures=at conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon and the above-mentioned Developer, mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 1,500.00 cash,plus additional security,in the amount of$ 151.700.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer 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. B. For Payment: Security in the amount of$ 76,600.00 which is fifty percent(50%)of the estimated cost of the work. Such securityis presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance," of the Ordinance Code. Developer 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 be accepted into the County road system. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 18,2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. JANICE T.KRUSE ITNESS my hand and official seal. CammisalOn#1597428 .m Notory Public-Calitamla U Santa Clara County My comm,Explresn 24,2 Signat a of Notary Public Optional Information Title or Type of Document: Road Improvement Agreement RA06-01222, Alamo Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries,Inc. COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 (01 g a m a (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB I TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 700.44 Sale of Prints 004660 9931 REV 6X4475 8,523.00 RA 04-01159 Road Insp Ext 000651 9660 61_0766 250.00 SD02-08632 Landscape Ext 250.00 SD02-08685 250.00 DA02-00014 Landscape Ext 250.00 SD04-8902 Monument Fee I 6LO81D 500.00 Corner Records 4061 6LO88D 10.00 FS 0 400011 Fee for Service IF 6L83PV 22,700.00 Trust Fund 819800 0800 3,900.00 000649 9665 64,800.00 TOTAL $ Eng Svcs: G1203796-G1203836 Void G1203835 DEPOSIT 102,133.44 Deposit consists of the following items COIN and CURRENCY $ 357.75 CHECKS,M.O., ETC. $ 101,775.69 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 29P ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: � ' Date_/_/ Signed: Signed: i ! f ' Tit EXT. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-903) r t 819800-0800: G1203828, $1,500.00, RA 06-01222, Cash Performance Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203830, $2,400.00, RA 06-01229, Cash Performance- Bond, Shapell Homes, 100 North'Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1203829, RA06-01222, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 $10,400.00 Road Improvement Agrmt Inspection Deposit $5,000.00, Road Acceptance Plan Review 0649-9665 / 112300: G1203831, RA06-01229, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 $14,400.00 Road Improvement Agrmt Inspection $5,000.00, Road Improvement Plan Review 0649-9665 / 112300: G1203833, $30,000.00, Fee for Service, Lyon Vista del Mar, 2603 Camino Ramon, Suite 150, San Ramon, CA 94583-4289 As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee, in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.13.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond and consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on October 17, 2006 Shapell Homes, a Division of Shapell Industries, PRINCIPAL: Inc., a Delaware Corp. SURETY: National Fire Insurance Company of Hartford Address: 100 N. Milpitas Blvd. Address: 2355 E. Camelback Road, Suite 500 City:Vnk�-� C �� hoenix, Z 85016 By: �-._..... By. r L' Print Name: 20beLh, MOO(e -_ Print Name: Pamela L. Stocks, Attorney-in-Fact Title: •IAL? Title: Attomey-in-Pact By: �_..._._ 111, 114 Print Name: ev,Lok Title: K<"G+. IM G;]Ggal7maVEugSvcNromssil?N WORDIBN-2.doc ReV Oclq?cY l7 20U6 Bond No.: 929 390 948 Development: _ RA 06-01222 P. Premium: $1,138.00 s1 f!2 Alamo Creek `^�J IMPROVEMENT SECURT'ry BOND Bio-Retention Street Filters FOR ROAD IMPROVEMENT AGREEMENT Charbray St(North) (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RL,CITAT,OF ROAD IMPROVEMENT AGREFmr,,N'r: The Developer(Principal)has executed wr agreement (Road Improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 06-01222 to complete said work within the time specified for completion in the Road Improvement Agreement,ail in accordance with State and local laws and rulings. 2. OBLIGATION; Shapell Homes, a Division of ShapeIl Industries, Inc., a Delaware Corp. as Principal and National Fire Insurance Company of Hartford ,a corporation organized under the laws of the State of IL , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance: One I3undred Fifty One Thousand Seven Hundred and 00/100 Dollars($ 151,700.00 ) for itself or any city assignee under the above County Road Improvement Agreement,plus R. Payment: Seventy Six 'Thousand Six Hundred and 00/100 Dollars ($ 76,600.00 )to secure the claims to which reference is made in Title 15§§ ct sed. of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded Principal, or principal's heirs, executors,administrators,successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided on it or its part, to be kept and perfonned at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers,agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On October 18, 2006, before me, Janice T. Kruse,Notary Public personally appeared Robert D. Moore and Ken Cox known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. JANICE T.KRUSE Commission#1597428 m Notary Public-California Santa Clara county Signatu e of Notary Public My Comm.Expires Aug 24.20 Optional Information Title or Type of Document: Security Bond - Road Improvement Agreement RA06- 01222, Alamo Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary of Shapell Industries, Inc. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Hanner,Gina O'Shea,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 15th day of August,2006. GAstl��Ty tNSUR Continental Casualty Company q�f 0,; bw National Fire Insurance Company of Hartford G�Po"�re � American Casualty Company of Reading,Pennsylvania a SEAL < y e 1897 NAR1F - Thomas P. Stillman Senior Vice President State of Illinois,County of Cook,ss: On this 15th day of August,2006,before me personally came Thomas P.Stillman to me known,who,being by me duly swom,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 'OFFICIAL SEAL' ; MARIA M.MEDINA j Mowry wElk.Sun et . Y`.� i MYCommWic,E0pioo 3/16115 109 i My Commission Expires March 15,2009 Maria M. Medina Notary Public CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,an Illinois corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 17th day of ) ob -r 2006 . CAstrl4r INSOR4 GP Continental Casualty Company 2�P� F National Fire Insurance Company of Hartford S%*0�0011411-re American Casualty Company of Reading,Pennsylvania y A OJ lun, 19 SEAL `Zr � � 1902 a 1897 � NAIL • Mary A.qikai6kis Assistant Secretary Form F6853-11/2001 State of California County of Los Angeles On October 17, 2006 before me. Sandy Hanner-.Notary Public Oat$ NAME. TITLE OF OFFICER.. "JANE DOE, NOTARY PUBLIC' personally appeared Pamela L. Stocks NAME(S)OF SIGNER(S) (x) personally known to me — OR — (_„_) proved to me on the basis of satisfactory evidence to be the person(s) whose name(at) is/ire subscribed to the within instrument and acknowledged to me that kelshe/Vft executed the same in Na/her/Nzair authorized capacity(ixw), and that by hwher/wm* signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNEtmy ndand offi ' seal. SANDY IVWNER Comrnissbn# 1672602 Notary Pt�IiC -CalifolNa SIGNATURE OF NOTARY los Ang>�tt County comm.c> rut a,tot o OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the documen and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( _) INDIVIDUAL (_) CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (—) GENERAL NUMBER OF PAGES (mac ) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (�) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) National Fire Insurance Company of Hartford SIGNER(S) OTHER THAN NAMED ABOVE 0.10742$•5