Agenda 02/10/2009 Item #16K 2
f'1,gEmda item t~o. 16K2
i=ebruary 10, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $356,305 for
Parcels 134 and 135 in the lawsuit styled Collier County 1'. Ronen Graziani, et ai., Case No. 06-
0548-CA (Santa Barbara Boulevard Project, No. 62081). (Fiscal Impact $222,772.60) This is
a companion item to Parcel 136.
OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment for
payment of full compensation, for the taking of Parcels 134 and 135 in the lawsuit styled Collier
County v. Ronen Graziani. ct. ai.. Case No. 06-0548-CA (Santa Barbara Boulevard Extension
Project No. 62081).
CONSIDERATIONS: Collier County has condemned 0.599 acres for road right-of-way purposes
(Parcels 134 and 135) from homeowners Ronen and Leeanne Graziani. The County's initial
appraisals dated April 26, 2005, valued the takings at $136.600. An Order of Taking hearing was
held on July 18,2006, and the County deposited tile sum of the updated appraisals ($169,800) into
the Court Registry. The owner's last offered to settle tile case for $485,900 plus attorneys fees and
costs. The case reached impasse at mediation on December 13, 2007, and the County extended an
Offer of Judgment to the owners for $300,000. It was not accepted, leaving the parties to continue
negotiations up until trial.
In view of the likelihood ofajury award in between the owner's position and the County's position;
and in view of the fact that the owner's position at trial would be well over $500,000 with severance
damages to both land and improvements, staff recommends, and the owners have accepted,
settlement in the total amount of $356,305 as full compensation for Parcels 134 and 135. This
settlement was achieved, in large part, because a substantial "benefit fornlUla" attorney fee as set
forth in Subsection 73.092(1), F.S., of $49.805, and a portion of an hourly Subsection 73.092(2),
F.S., fees of $6,500 were waived by the Graziani's attorney, so that it could be paid to the owners if
it would finally bring about a settlement of the case.
See attached Stipulated Final J udgmcnt. If approved, the County will be responsible for the
following costs:
Additional Amount Deposited:
· Attorneys fees and costs:
Expert fees and costs:
Clerk's Fee:
TOTAL
$186.505.00
$ 17,242.80
$ 18.854.80
$ 170.00
$222,772.60
Total paid to the Owners, including deposit:
Total paid by County jar Parcels 134 and 135:
$356,305
$392,572.60
* Hourly attorney's fces entitlement in accordance
supplemental proceedings (apportionment issues).
with Subsection 73.092(2), F.S., for
,-
FISCAL IMPACT: Funds in the amount of $222.772.60 will come fi.om the Gas Taxes and
Impact Fees. Source of funds are Gas Taxes and Impact Fees.
'!y~~:2
2UU9
2:)f 10
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERA nONS: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-pmie disclosure is not required. This item requires only a majority vote. R"iZ
RECOMMENDA nON: That the Board of County Commissioners approve the Stipulated
Final Judgment as to Parcels 134 and 135, and authorize payment of the funds as stated.
PREPARED BY: Robert N. Zachary, Assistant County Attomey
Kevin Hendricks, Right-of-Way Acquisition Manager
CP:06-0548-CA:776
2
Page 1 of I
/.;..genda item t\j'J. 16K2
February '10,2009
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
15K2
Recommendation to approve a Stipulated Final Judgment in the amount of $356,305 for
Parcels 134 and 135 In the lawsuit styled Collier County v. Ronen Graziani, et aI., Case No.
06-0548-CA (Santa Barbara Boulevard Project No. 62081), (Fiscal Impact $222.772.60) This
is a companion item to Parcel 136, Item 16K3
Meeting Date:
211012009 90000 AM
Prepa red By
Robert N. Zachary
County Attorney
Assistant County Attorney
County Attorney Office
Date
1128120094:03:24 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
1/28f2009 5:19 PM
County Attorney
County Attorney Office
Approved By
Lisa Taylor
Management!B udget Ana Iy st
Date
Transportation Services
Transportation Administration
1129120097:46 AM
Approved B:r
Norm E. Feder, AICP
Transportation Division Administrator
Transportation Services Admin.
Date
Transportation Services
1(29/200911:37 AM
Appro,'ed By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
1/2Sf2009 2:43 PM
Approved By
Brian Hancock
Operations Support Manager
Date
Transportation Division
Transportation Administration
1130120098:12 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Mar.3ger
Date
Transportation Services
TECM.ROW
1130120099:03 AM
Approved By
Jeff K:atzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
113012009 9:38 AM
Approved By
Susan Usher
Senior ManagementfBudget Analyst
Date
County Manager's Office
Office of Management & Budget
2/2/2009 11 :51 AM
Approved By
Jarnes V. Mudd
County rl/'tanager
Date
Board of County
Commi;::sioners
County Manager's Office
2/2/20091 :13 PM
tile://C:\AgendaTcst\ExDort\ I 23-Februarv%20 1 O. %202009\ 16.'Vo20CONSENT%20AGEND... 2/4/2009
:~em j\Jo. .i SK2
F ~:~nJ3ry 10; 2009
Pag9 4 fJf1,J
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORJDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 06-0548-CA
"
..
RONEN GRAZIANI, et a1.,
Parcels: 134 & 135
Respondents .
/
STIPULATED FINAL JUDGMENT
THIS CAUSE having corne before the Court upon Joint Motion made by Petitioner,
COLLLlER COUNTY, FLORJDA, by and through its undersigned counsel, and Respondents,
RONEN GRAZIANI and LEEANNE GRAZIANI, by and through their undersigned counsel, for
entry of a Stipulated Final Judgment as to Parcels 134 and 135 for Project No. 62081, and it
appearing to the Court that the parties are authorized to make such Motion, the Court finding that
the compensation to be paid by Petitioner is the full compensation due the Respondents, RONEN
GRAZIANI and LEEA.l\JNE GRAZIANI, and the Court being otherwise fully advised in the
premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, RONEN GRAZIA."JI and LEEANNE
GRAZIANI, have and recover from Petitioner, COLLIER COUNTY, FLORJDA, the total sum of
Three Hundred Fifty-Six Thousand Three Hundred Five and Noll 00 Dollars ($356,305.00) for
Parcels 134 and 135, as full payment for the property interest taken and for damages resulting to the
remainder, if less than the entire property was taken, and for all other damages in connection with
said parcels; it is further
j\qen~a jt~)m ~,j:J. ~i 5~(2
~ ;::ejrU3iY 10, 2009
r'ag8 5 of ~iO
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, is
entitled to a credit for the good faith estimate of value previously deposited in the amount of
$169,800.00; it is further
ORDERED AND ADnJDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
into the Court Registry an additional One Hundred Eighty-Six Thousand Five Hundred Five and
NolIOO Dollars ($186,505.00) to Respondents, RONEN GRAZlA""i1 a.'ld LEEA."11'JE GRAZLA~"lI,
for Parcels 134 and 135 to be disbursed by further order of the Court; it is further
ORDERED AND ADJUDGED that Parcel 134 is subject to a mortgage recorded at Official
Records Book 3876, Page 959, of the Public Records of Collier County; it is further
ORDERED AND ADnJDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
Seventeen Thousand Two Hundred Forty-Two and 801100 Dollars ($17,242.80) to Respondents for
attorney's fees and costs, and no other attorney's fees or costs shall be awarded in this case; it is
further
ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay
Eighteen Thousand Eight Hundred Fifty-Four and 801100 Dollars ($18,854.80) in expert fees and
costs, and no additional fees and costs shall be awarded in this case; it is further
ORDERED AND ADnJDGED that within thirty (30) days hereof, Petitioner shall pay the
total sum of Thirty-Six Thousand Ninety-Seven and 60/100 Dollars ($36,097.60), payable to Mark
Robert Leavitt Esq., Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA, 800 N.
Magnolia Ave., Suite 1500, Orlando, FL 32803-3269, for proper disbursement in accordance with
this Order; it is further
ORDERED AND ADJUDGED that title to Parcels 134 and 135, being perpetual non-
exclusive road right-of-way, drainage and utility easements, being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking
2
-"\genda l:srTi 1\)0. GK2
FeLliu~ry 1 O~ 2099
r--age 0 uf 10
dated July 18, 2006, and the deposit of money heretofore made, IS approved, ratified, and
confirmed; it is further
ORDERED AND ADJUDGED that the Notice of Lis Pendens filed in the above-styled
cause and recorded in Official Record Book 4014, Page 2954 of the Public Records of Collier
County, Florida be dismissed as to Parcels 134 and 135; it is furthcr
ORDERED AND ADmDGED that pursuant to Section 74.051(5), F.S., the Clerk of Courts shall
disburse the interest earned on the funds on deposit in the amount of $11,194.68, plus any
additional accrued interest for Parcels 134 and 135, to the Board of County Commissioners,
account number 336-163656-62081; it is further
ORDERED AND ADJUDGED that this Stipulated Final Judgment is to be recorded in the
Official Records of Collier County, Florida; it is further
ORDERED AND ADmDGED that this Order disposes of all claims arising out of the
taking of Parcels 134 and 13 5 and that have or could have been asserted in this cause; it is further
ORDERED AND ADJUDGED that the compensation award is subject to the claims of the
mortgagee, if any; it is therefore
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of.
,2009.
HONORABLE CYNTHIA A. ELLIS
CIRCUIT COURT JUDGE
conformed copies to:
Robert N. Zachary, Esquire
Mark Leavitt, Esquire
Gregg DreiIinger, Esquire
Kevin Hendricks, Acquisition Mgr./Transp.
Accounting
3
/\q811C;3 item r~o. 1 r3K2
- F~::;bruary 10, 2009
Page 7 of 10
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondents, RONEN
GRAZIANI and LEANNE GRAZIANI, hereby respectfully move for entry of the foregoing
Stipulated Final Judgment as to Parcels 134 and 135.
Dated:
MARK R. LEAVITT, ESQ.
Florida BarNo. 655600
Dean, Mead, Egerton, Bloodworth, Et AI, P A
800 N. Magnolia Ave., Suite 1500
Orlando, FL 32803-3269
(407)841-1200 - Telephone
(407)423-1831 - Facsimile
ATTORNEY FOR RESPONDENTS,
RONEN & LEEANNE GRAZIANI
Dated:
RONEN GRAZIANI
2861 Santa Barbara Boulevard
Naples, Florida 34116-7431
CP:06-0548-CA; 765
Dated:
fLZ/
ROBERTN. ZACHARY
Florida BarNo. 816604
ASSISTANT COUNTY ATTORNEY
Harmon Turner Building, 8th Floor
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 252-6300 - Facsimile
ATTORNEY FOR PETITIONER
Dated:
LEEANNE GRAZIANI
2861 Santa Barbara Boulevard
Naples, Florida 34116-7431
4
A08nca ilem l~o.16f<2
~ Febcuary 10, 2009
Page 8 of 10
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of thc foregoing has been furnished by
u.s. Mail to the parties listed below on this _ day of February, 2009.
ROBERT N. ZACHARY
ASSISTANT COUNTY A HORNEY
Ronen & Leeanne Graziani
c/o Mark Robert Leavitt, Esq.
Dean, Mead, Egerton,
Bloodworth, Capouano & Bozarth, P A
800 N. Magnolia Ave., Suite 1500
Orlando, FL 32803-3269
Citibank (West) FSB
Gregg Dreilinger
Law Offices of David 1. Stem, P.A.
900 South Pine Island Road, Suite 400
Plantation. Florida 33324-3903
Citibank (West), FSB
One Sansome Street, nnd Floor
San Francisco, CA 94104
5
!-\genda item t'-Jo. 16K2
February 10, 2009
Page 9 of 10
3JO.00' (PLAT)
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GR^PHIC SCALE
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109, I
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110.1
GOLDEN GA TE ESTA TES UNIT 30,
PLA T aOOK 7, PAGES 58
111
PIIa'OSED Pf:HffTU
~ NON-EXCl.llSllC ROAP
" R.O.II(, DRAJNAGe.
U7UJTY EASEJ/E}/T
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NORTH 750'
OF TRACT 110
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--
PROP SeD
R.O.~ E EMENT~
EAS LINE OF SECTION 29
SANTA BARBARA BOULEVARD
345
GOLDEN GATE CITY UNIT 5, PLAT 800K 5, PAGES 124-134
P,O.C, GOLDEN GATE UNIT 6,
C:.~i!l~% PLAT BOOK 5, PAGES 124-134
\
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Lei
2
6
BLOCK 225
7
LEGAL DESCRIPnON
ALL THAT PART OF THE NORTH 150 FffT OF TRACT 110, GOLDEN GATE ESTATES UNIT JO, PLAT BOOK 7, PAGE
58, COLLIER COUNTY. FLORIDA, AND BEING MORE PARTICULARL r DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 110, A POINT ON THE EAST LINE OF SECTION 29,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COlLIER COUNTY. nORIOA;
THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'5" WEST 53.00 FEfT TO THE POINT OF
BEGINNING;
THENCE LEAVING SAID NORTH TRAGT LINE SOUTH 00'15')9' EAST 150,00 FEET.'
THENCE SOUTH 89'3"5" WEST 108.12 FEET:
THENCE NORTHERLY 123.57 FEET ALONG THE ARC OF A CIRCULAR CURV[ CONCAV[ EASTERLY
HAVING A RADIUS OF 3,097,00 FEET THROUGH A CENTRAL ANGLE OF Dn7'ro" AND BEING SUB TENDED BY A
CHORD ImIGH BEARS NORTH 04'06'1J" EAST 123.55 FEET.'
THENCE NORTH 18'32'13" EAST 28.J8 FEET TO THE NORTH LINE OF SAID TRACT 110;
THENCE ALONG SAID NORTH TRACT LINE NORTH 89'Jl'51' EAST 89,59 FEET TO THE POINT OF 8EGINNlNG.
SU8JECT. TO EASEMENTS &: RESTRICTIONS OF RECORD.
EXHIBII A
PageL of .;L
~
CONTAINING 15,3/6 SOUARE FEfT MORE DR LESS.
..-'NOT A SURVEY ---
.,' '.; ..' f,' .
PREPARED BY: ~L,SONJ'(I ;\ INC:
ClJR'vf NUMBER 1
"
RADIUS: 3097.00
DELTA... 0277"0~
ARC'" /2J.57
TANGENT= 61.79
CHORD- 123.56
CHORD BRG. N.04"06'IJ"[
i
LAN T fR" P Ai -'-:suR\'fl'tlR <! /J,4PPER
FLORlDA-8EGiS,TRA ' .LS 15627
.., .'. '.(".1 ,.','
Nor VALID UNLESS 5fGNED BY THE 5URVF;rOR AND
stALED Kt"t THe. SURVEYOR! .EMBOSSED SEAL
eERF/neATE-or AUTHORiZATION I !.8-4J,
~MC&e;lD(JII"",,",
~tMlW(N.J.D}IJlJ-li9<1
,NJ.z!SllJ/}IT nA/f'PU.I(" crJ(SDHI.rr
STSIDI(r:N/If)}frtrft"",,,wrllW:
LEGEND:
1<",-,,,,,>, '-,>1 f{if~N~A5[M[NT
~ PROPOSED
R.O. w: EASEMENT
R.O.W. "" RIGHT OF WAY
P.O.B. :: POINT OF BEGINNiNG
P.O.C. "" PO/NT OF COMMENCEMENT
PIlCtJEt:T we.; 620B1 PNlCD.. ~O. . 1 J4
Wils(JnMilltii'...~-
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~&I.r~u.2lll.I/Ijir:f,~~.I'bnI~.."u~,lfo04o............",
CUE"'! COl.1JER COUNTY TRANSPORTA,T1ON.
ENGINEERING .t CONSTRUCl1ON IIANAGEMENT DI'ASlON
mlE.: SKETCH ANO DESCRIPTION
BEiNG PART OF' THE NORTH lS0' OF TRACT /70
GOLD[N GATE" ESTArE:S UNIT JO, PLAT BOO/( 7, PACE 58,
COUICR COUIVTY. nORIDA
DAle. I PROJECT NC.i
04/2002 N5022-002-OIO- TOHrt?
Nav lJ. 2a02 - 1l;~4:44 LllllLERIX,\SUIl\N5n??V;k~lrh...,r ""~.n",H_n.-\"..h_"'_~\ ,--~~~,'~, ~.,,-
lqerrcCi Ii:SlTl No. ; 6K2
- February 10.. 2009
Page 10 of;O
330.00'
(Pl.AT)
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L
17o.lll09.1 10.9 :j
i I ~I
, ~
I SOUTH 150' NORTH 130' I t;;j
rF TRACT J09 OF TRACT 1091 ~1~1 PlX~c:o:of/r};;54
I ~ GOLDEN GA TE [ TA 7[S UNI T 30, ~.: ~
I ~. PLAT B~OK ,PAGE 58 Ii I ~ 2
I~ I ~\~h.
'-J. PERPETUAL. I \ ~ EXlsnNG 60' EASEMENT
NON a.USlItf: RO.4D 1 t>i FOR R.O W PURPOSES PfR PLA T
R.a DRAINAGE. AND '"
U EASDlENT . ..., . PROPOSED
1~~~,Fm _ I' . R.OW EASE:T,~
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708
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GRAPHIC SCALE
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EAST LINE OF S C lION 29
BOULEVARD GOLDEN GATE UNIT 6,
P. O. C. PiA T BOOI< 5,
SE. CQRN[R ~
TOI"TRAcrro9 5 6 7 I
4 GOLDEN GATE CITY UNIT 6, PLAT BOOK 5, PAGES 124-134
LEGAL DESCRIPnON
ALL THA T PART OF THE SOUTH ISO FEET OF TRACT 109. GOWEN GA TE ESTA TES UNIT 30, PLA T BOOK 7. PAGE
58, COWER COUNTY. FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING A T THE SOUTHEAST CORNER OF 5A/0 TRACT 109, A PO/NT ON THE EAST LINE OF SECnON 29,
TOflTo/SHIP 49 SOUTH, RANGE 26 EAST. COWER COUNTY. FLORIOA;
THENCE ALONG SOUTH LINE OF SA/O TRACT 109 SOUTH 89'31'51" l>tST 5300 FrU TO THE POINT OF
BEGINNING;
THENCE CONTU1UINC ALONG SAID SOUTH TRACT UNE SOUTH 89"31'51' WEST 89,59 FEET;
THENCE LEA VlNG SAID SOUTH TRACT LINE NORTH 1B'32'13" EAST 59.52 FEET,.
THENCE NORTHERLY 93.99 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE EASTERLY
HAVING A RAOIUS or 2,96300 FEET THROUGH A CENTRAL ANGLE OF Or'49'03' AND BEING SUB TENDED BY A
CHORO WHICH BEARS NORTH 03'51'57" EAST 93.99 F[U:
THENCE NOR TH 89'31'51" EAST 5366 FEE^.
THENCE SOUTH 00"15'20" EAST 15000 FEET TO THE POINT OF BEGINNING.
CONTAINING 10.762 SDUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS &< R[STRICnONS OF RECORD.
*** NOTA rSlJR,vEY ***
():, ;: ~'): '. .
PREPAI?fG.'''$'f: WllsONM ':,iNC.
) n~ r._
aJRVf NUMBffl I
RAD!US~ 2953.00
DEI.. fA=< O/'~9'OJ.
ARC;=: 9J.99
TANCENT,. 47.00
CHORD_ 93.99
CHORD BRG. N.OJ'5T'57"r.
1\
Nor VALID UNless SfG!Y[[) -BY THf.-"SURvryOR AND
SEALED Wf7H THE SUR~~qt80SS[D".S[AL
C[RFlFlCAT[ 'JF AUrHORfZAnON I. [8-,13
sr_r:sAlllaut1lalNC1trN
~"'IIIlI(I;."-O}'~JJJ'll
NJ,lJ$nu:/iI~r~ICI'tA/I(~1C
mlfJ./(~)fr#n.!JlD.lJA$T1DHC.
EXHIBIT ~Lj
PageL of-.DL
LEGEND,
1\..".... '-. ".>.>~ EXISTING
"" R.O.W, EASEMt.Nr
~ PROPOS[D
R.O. W. [ASE.M[NT
R.o.w. '" RJCHT OF WAr
P.Q.B "" POINT OF BEGINNING
P.o.c. = POINT or COMM[NC[M[Nr
.... I
/'flllJECTI<O., 62081 " .p,:,,~~~., 1.35 ClJ~,'m COWER COUNTY TRANSPORT A TlON.
WilstinMille,..'-- ENGINEERING 4: CONSTRUCTION UANAGEJ./ENT DI"'S1ON
\'I,l: SKETCH AND DESCRIPTION
BDNG PART OF mr SOUTH ISO' OF TRACT 1D9,
r r;OW~N GArr ESTAT[S UNIT JO. Pl.Ar SOOK 7, PAGE 55',
",""". ~ro'~'~"~l.n:Hoc#"T~c.n..IOIl," COLL/a? COf/NT'r'. FLORIDA
MsOl"J..lil"",jn::.
~'i'<JlMw>"s....,q'~"T_ [).In:, \ Pf{OJLCl" "0.' I I SlIttl N'JlJBiR, (I flU NO~
.nl1&l:)'tw,lU41OJ'~A:rlla~'I'll:a~"F1lN-U>51lI"1l'~-""""':<OI 04/2002 - N5022-002-010-TOHWP 135 or XXX 2GC-203
.0..1 II, 2002 - D9,ICl;)B J,AP1Elllx:\SUIl\NS022\Sk<,o., 01 D..<:r;ol;o,.\Su"mil!~rl\:>nn:>r"~""~",_