kimco realty corporation and subsidiaries notes to consolidated financial statements , continued other 2014 in connection with the construction of its development projects and related infrastructure , certain public agencies require posting of performance and surety bonds to guarantee that the company 2019s obligations are satisfied . these bonds expire upon the completion of the improvements and infrastructure . as of december 31 , 2010 , there were approximately $ 45.3 million in performance and surety bonds outstanding . as of december 31 , 2010 , the company had accrued $ 3.8 million in connection with a legal claim related to a previously sold ground-up development project . the company is currently negotiating with the plaintiff to settle this claim and believes that the prob- able settlement amount will approximate the amount accrued . the company is subject to various other legal proceedings and claims that arise in the ordinary course of business . management believes that the final outcome of such matters will not have a material adverse effect on the financial position , results of operations or liquidity of the company . 23 . incentive plans : the company maintains two equity participation plans , the second amended and restated 1998 equity participation plan ( the 201cprior plan 201d ) and the 2010 equity participation plan ( the 201c2010 plan 201d ) ( collectively , the 201cplans 201d ) . the prior plan provides for a maxi- mum of 47000000 shares of the company 2019s common stock to be issued for qualified and non-qualified options and restricted stock grants . the 2010 plan provides for a maximum of 5000000 shares of the company 2019s common stock to be issued for qualified and non-qualified options , restricted stock , performance awards and other awards , plus the number of shares of common stock which are or become available for issuance under the prior plan and which are not thereafter issued under the prior plan , subject to certain conditions . unless otherwise determined by the board of directors at its sole discretion , options granted under the plans generally vest ratably over a range of three to five years , expire ten years from the date of grant and are exercisable at the market price on the date of grant . restricted stock grants generally vest ( i ) 100% ( 100 % ) on the fourth or fifth anniversary of the grant , ( ii ) ratably over three or four years or ( iii ) over three years at 50% ( 50 % ) after two years and 50% ( 50 % ) after the third year . performance share awards may provide a right to receive shares of restricted stock based on the company 2019s performance relative to its peers , as defined , or based on other performance criteria as determined by the board of directors . in addition , the plans provide for the granting of certain options and restricted stock to each of the company 2019s non-employee directors ( the 201cindependent directors 201d ) and permits such independent directors to elect to receive deferred stock awards in lieu of directors 2019 fees . the company accounts for stock options in accordance with fasb 2019s compensation 2014stock compensation guidance which requires that all share based payments to employees , including grants of employee stock options , be recognized in the statement of operations over the service period based on their fair values . the fair value of each option award is estimated on the date of grant using the black-scholes option pricing formula . the assump- tion for expected volatility has a significant affect on the grant date fair value . volatility is determined based on the historical equity of common stock for the most recent historical period equal to the expected term of the options plus an implied volatility measure . the more significant assumptions underlying the determination of fair values for options granted during 2010 , 2009 and 2008 were as follows : year ended december 31 , 2010 2009 2008 .
what is the growth rate in weighted average fair value of options granted in 2010?
.