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Home My WebLink AboutMINUTES - 03062007 - C.19 s---.-� TO: BOARD OF SUPERVISORS Contra'`��-� _ =��' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR 's Costa DATE: March 6, 2007 u my ST'4-COLIPI' SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09020, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Subdivision 05-09020, approving Subdivision Agreement (Right-of- Way Landscaping), for project being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 05-09020 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be approved. Continued on Attachment:,/ SIGNATURE: _L,AECOMMENDATION OF COUNTY ADMINISTRATOR-- _RECOMMENDATION OF BOARD COMMITTEE �(PPROVE OTHER SIGNATURES ACTION OF BOiV ON Qi APPROVED AS RECOMMENDED OTHER V7OF SUPERVISORS I hereby certify that this is a true and correct V7OF SUPERVISORS UNANIMOUS(ABSENT O ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LL:vz G:\EngSvc\BO\2007\03-06\BO-16 SD 05-9020.doc Originator: Public Works(ES) ATTESTED: Contact: T.Rie(313-2363) T cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T—January 6,2008(P1) Supervisors and County Administrator Windermere BLC Land Company,LLC 6121 Bollinger Canyon Road,Suite 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland By , Deputy 801 N.Brand Blvd,Penthouse Glendale,CA 91203 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ A4 SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09020, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for Subdivision 05- 09020, located in the San Ramon (Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: Windemere BLC Land Company, LLC Auditor's Deposit Permit No. and Date: 468136 July 31, 2006 I hereby certify that this is a true and correct copy of an LL:vz action taken and entered on the minutes of the Board of G:\EngSvc\BO\2007\03-06\BO-16 SD 05-9020.doc Originator: Public Works(ES) Supervisors on the date shown. Contact: T.Rie(313-2363) cc: Public Works- Construction Current Planning,Community Development ATTESTED: T January 6,2008(P1) Windermere BLC Land ComF3ny,LLC p JOHN CULLEN, Clerk of the Board of Supervisors and 6121 Bollinger Canyon Road,Suite 500 County Administrator San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company of Maryland 801 N.Brand Blvd,Penthouse Glendale,CA 91203 By ,Deputy RESOLUTION NO.2007/ �'2` SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 05-09020, being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) DATE: March 6, 2007 PAGE: 2 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 08821788 July 20, 2006 Performance Amount: $71,500.06 Labor &Materials Amount: $36,250.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOL 11710N NO. 200711aj6 SUBDIVISION AGREEMENT • (Right of Way Landscaping) (Government Code §66462 and§66463) Subdivision: SUB 05-09020 (x-ref SUB 8508) Effective Date: -3140' Subdivider: Windemere BLC Land Company, LLC Completion Period: 2 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: WINDEMERE BLC LAND COMPANY,LLC A California limited liability company By:LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER A Delaware limited liability company Managing Member Maurice M. Shiu, Public Works Director By:Lennar Homes of California,Inc., Managing Member BH �^ (signature) -25RE � By: (print name&title)Brian G.Olin,Vice-President RECOMMENDED FOR APPROVAL: ` G�li✓ (signature) By.- (print name&title)Erik S. Brown,Asst.Secretary Engineering Services Divisio FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coun ,"and the above-mentioned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider 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 subdivision 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). 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§§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 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 Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $ 1,000.00 cash,plus additional security,in the amount of $ 71,500.00 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 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. B. For Payment: Security in the amount of$ 36,250.00 which is fifty percent(50%)of the estimated cost of the work. Such security is 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 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_ Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT re F State of California SS. County of ,lrOn N` before me, Wh Pet r/�'►'10f i „dr'"'i1 ruyd'K.a C` — Date - Name and Title of Officer(e.g.."Jane Doe, otary Public") ' personally appeared &i' lh ��• (��1� c1 ��k If• Br1X)n- , Name(s)of Signer(s) Xpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-helshe/they executed the same in 4im�/their authorized capacity(ies), and that by J4is,4;w/their RUM ELLiNIIIIIIIIIIIIIIHOP signature(s) on the instrument the person(s), or Co m lls*m*1670361 the entity upon behalf of which the person(s) %7Notary Pi-CdHCmlO acted, executed the instrument. Coma Collo county 1WC0mm.b%*u"26.2010PWIT SS y han and official seal. Signature of Notary fellic OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing- 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder_Call Toll-Free 1-800-876-6827 COUNTY OF CONTRA COSTA 4 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA ZE TREASURER: VED FROM Public Works ryaniza ions ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax $ 100300 0637 3.52 Sale of Prints 004530 9931 REV 6GO085 42.80 Corner Records 000651 9660 6LO88D 80.00 Postage Reimb 004500 2103 SAS 999sas 25.01 PA 02-00007 Agmt Ext 000651 9660 REV 6LO76B 250.00 Sub 02-08631 Agmt Ext 250.00 Sub 95-07984 Agmt Ext 250.00 Sub 02-08686 Agmt Ext 250.00 Sub 02-08682 Agmt Ext 250.00 parker Ave Underground 000662 9752 6R1056 1,000.00 )A02-00012 Ext Agmt 000651 9660 6LO76B 250.00 ZA04-01166 Ext Agmt V T 250.00 rust Fund 000649 9665 83,958.00 819800 0800 9,200.00 V 000682 9752 3,600.00 cctng: G1202777-G1202778 TOTAL $ DEPOSIT 99,659.33 Deposit consists of the following items ecords: G1201860-G1201865 COIN and CURRENCY $ 71.33 ng Svcs: G1201622-G1201650 & G1203001-G1203003 CHECKS, M.O., ETC. $ 99,588.00 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED 6 3 amount of money described above is for freasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury ned; Date-/-/ /J Signed: Signed: EXT. 4 Rev. (7- De ut Count Auditor DeputyCount Treasurer (t v `� I i C 0649-9665 / 112300: G1201638, $500.00, RS 3116, Record of Survey Review, De Bolt Civil Engineering, 811 San Ramon Valley Rd., Danville, CA 94526 0649-9665 / 112300: G1201647, $6,300.00, Sub 05-09020, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201649, $12,800.00, Sub 05-09021, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201650, $18,900.00, Sub 05-09023, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1203003, $13,900.00, Sub 05-09022, Landscape Improvement Inspection, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201622, $1,000.00, RA 06-01214, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201625, $1 ,700.00, RA 06-01214, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201646, $1,000.00, Sub 05-09020, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 819800-0800: G1201648, $1,500.00, Sub 05-09021, Cash Bond, Windemere BLC Land Company,LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(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.(B) 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 or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and 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,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition 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 subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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. SIGNED AND SEALED on July 20th 2006 Windemere BLC Land Company, LLC PRINCIPAL: see attached signature block SURETY: Fidelity and Deposit Company of Maryland 801 N. Brand BLvd. , Penthouse Suite Address: 6121 Bollinger Canyon Rd. , Ste. 500 Address: City: San Ramon, CA Zip: 94583 City: Glendale, CA Zip: 91203 By: By: Print Name: Print Name: Jeri Apodaca Title: Title: Attorney—In—Fact :mw G:\EngSvc\Biiiiiee\Landscape\SUB 9020\[andscape Bond Agreement.doc Rev.June 17,1999 Bond No. 08821788 WINDEMERE BLC LAND COMPANY,LLC,a California limited liability company By: LEN-OBS WINDEMERE, LLC., a Delaware limited liability company, its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, its Managing Member By: -G Brian G. Olin,Vice-President By: Gig✓L /f Erik S. Brown, Asst. Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California h (M� ss. rh County of r On jVu^r,Y"'7! before me, 01M hSbq, rgR4�1 Date Name and Title of Officer(e.g.."Jae Doe,Notary Public") personally appeared t0kS. juin and Brl�0 9 Name(s)of Signer(s) "Kpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-is/are subscribed to the within instrument and acknowledged to me that#�/they executed the same in 44i 1tTer/their authorized LMv RUTH MAN NDIOP capacity(ies), and that by bi&4+er/their d 1670361 signature(s) on the instrument the person(s), or Nokxy PubNc-CdMbnMo the entity upon behalf of which the person(s) Conka Coda County acted, executed the instrument. Comm.FFFi;* May 26,201 WIT S my h dandwoff�icial seal. Signature of Nota Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document n �iI Title or Type of Document: Ir►n�7YG�ItT't (��M/k1�1 fJOIugT�►"�N� �`�"t, W"'f - Document Date: I Number of Pages: i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACOOWLEDGMENT • No.5907 State of California County of Orange On July 20, 2006 before me, J. Barragan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Jeri Apodaca NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in � M his/her/their authorized capacity(ies), and that by his/her/their J. PRRAGAN 6"alsignature(s) on the instrument the person(s), or the entity upon Commission# 1635125 behalf of which the person(s) acted, executed the instrument. Notary Public-California Orange County amy Comm.Expires Jan 5,2010 WITNESS my hand and offici I seal. SIGN RE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C.ROGERS,Vice President,and T.E. SMITH,Assistant Secretary,in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w ' set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s lbs 'nate,constitute and appoint Jeri APODACA,of Irvine,California, its true and lawful age t n - ac ke,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed* s 'and the execution of such bonds or undertakings in pursuance of thesepEry� p in pany,as fully and amply,to all intents and purposes,as if they had been pct ac w gularly elected officers of the Company at its office in Baltimore,Md.,in p rs a attorney revokes that issued on behalf of Jeri APODACA,dated N. The said Assistant at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By- Q any,and is now in force. IN WITNESS W OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April, A.D.2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND y O'v o IQ P im J •MII� W T OIL By: 76i T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland1 ss: City of Baltimore f On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. "AA- IjL- tA WM&r Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-5025J Plan Check Project Name: Windemere- Subdivision 9020 Estimate Location: San Ramon,California Name of Client: Windemere B.L.C. Land Company, LLC Date of Estimate: May 15,2006 ............................................................................................................................................................................................. Item Quantity Unit I Item Description Unit Price Extensions A. SUBDIVISION 9020-VILLAGE 28 CSA MAINTAINED LANDSCAPE 1 5,417 SF Irrigation system(coverage) 2.75 14,896.75 2 1 EA Irrigation system(controller/remote controls) 9,500.00 9,500.00 3 1 EA Electric meter pedestal & connection to controller 6,000.00 6,000.00 4 1 EA Telephone service to controller 500.00 500.00 5 5,417 SF Landscape grading&soil preparation 0.30 1,625.10 6 93 EA Root barriers(for trees in front yards-20LF @ $7/LF) 140.00 13,020.00 7 47 EA Augered treewells for trees in turf areas 10.00 470.00 8 106 EA 15 gallon trees 90.00 9,540.00 9 5,417 SF Shrub& groundcover 1.10 5,958.70 10 5,417 SF Bark Mulch 0.25 1,354.25 11 5,417 SF 365 day maintenance(post-acceptance) 0.18 975.06 12 93 EA Extended maintenance(for street trees in front yards) 22.001 2,046.00 Subtotal: $65,885.86 10% contingency: $6,588.59 Total (rounded to the nearest hundred): $72,500.00 Notes: 1.Street trees within the front yards will be irrigated off each homeowner's individual irrigation system. Any necessary estimates for the balance of the front yard landscaping, including the irrigation system, shall be submitted with the front yard landscape plans. 2. Quantity of augered treewells includes all trees in curb strips and half of those in the front yards. 3. Concrete mowbands have been included in the RAI 200 estimate. PLAN CHECK FEES: $5,000+(Total Estimate -$50,000 x 2%) $5,450.00