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Backup Documents 07/27-28/2010 Item #16A34ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO16A34 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) List in routing order) Office Initials Date 1. Property Acquisition Specialist (Initial) Applicable) 2. Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number J 3. 07/27/2010 A -34 4. by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original 5. Ian Mitchell, BCC Supervisor Board of County Commissioners Documents Attached r2 $ fo 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. Atl original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Rebecca Harding, Growth Mgmt Div. Phone Number 252 -5805 Contact Property Acquisition Specialist (Initial) Applicable) Agenda Date Item was Original document has been signed/initialed for legal sufficiency. (All documents to be Agenda Item Number J Approved by the BCC 07/27/2010 A -34 Type of Document by the Office of the County Attorney. This includes signature pages from ordinances, Number of Original Attached Easement Agreement Documents Attached I INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's L� Office and all other parties except the BCC Chairman and the Clerk to the Board lam° 3. The Chairman's signature line date has been entered as the date of BCC approval of the J17) ZL- document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. ;- 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain (U� time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 7/27/2010 (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 6 1 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16A34 MEMORANDUM Date: July 29, 2010 To: Rebecca Harding, Property Acquisition TECM /ROW From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Easement Agreement Parcel #354RDUE Project: Golden Gate Boulevard (Project #60040) Folio #40925840004 Attached, for your records you will find a copy of the document referenced above, (Agenda Item #16A34), approved by the Board of County Commissioners July 27, 2010. The original document will be held in the Minutes & Records Department as part of the Board's Official Records. If you should have any questions, please contact me at 252 -8411. Thank you. Attachment (1) PROJECT: GOLDEN GATE BOULEVARD 16A34 PARCEL NOs.: 354RDUE and 354TDRE FOLIO NO.: 40925840004 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinaftq�rjeferred to as the "Agreement ") is made and entered into on this day of 1. c , 2010, by and between ELLEN LIBBY DUNKELBERGER, a single woman, hose mailing address is 2880 Golden Gate Blvd. E., Naples, FL 34120, (hereinafter referred to as "Owner "), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "County "). WHEREAS, County requires a PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF- WAY, DRAINAGE AND UTILITY EASEMENT (Parcel 354RDUE) for the purpose of improving Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and Desoto Boulevard; and WHEREAS, County requires a TEMPORARY DRIVEWAY RESTORATION EASEMENT (Parcel 354TDRE) for the purpose of constructing a new concrete driveway apron connecting Owner's driveway to the new edge of pavement; and WHEREAS, Owner is the record title owner of certain lands located in Collier County, more particularly described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter individually referred to as "354RDUE" or "354TDRE" and collectively referred to as the "Easements "); and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Easements to the County for the stated purposes, on the terms and conditions set forth herein; and . WHEREAS, County has agreed to compensate Owner for conveyance of the Easements. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, and all Exhibits referenced herein are made a part of this Agreement. 2. Owner shall convey the Easements to County for the sum of: $12,152.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 9 of this Agreement (said transaction hereinafter referred to as the "Closing "). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easements conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including but not limited to the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easements, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easements to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Owner shall convey the Easements to County, in a form acceptable to County. Said conveyance (Owner's delivery to County, of properly executed easement instruments) is hereinafter referred to as the "Closing." 164�4 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and /or qualifications encumbering the Easements, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easements upon their recording in the public records of Collier County, Florida. At or prior to Closing, Owner shall provide County with a copy of any existing prior title insurance policies. Owner shall cause to be delivered to County the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents ") on or before the date of Closing: (a) Perpetual, Non - Exclusive Road Right -of -Way, Drainage and Utility Easement; (b) Temporary Driveway Restoration Easement; (c) Closing Statement; (d) Grantor's Non - Foreign, Taxpayer Identification and "Gap" Affidavit; (e) W -9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and /or title company. 4. Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days from the date of execution of this Agreement by the County; provided, however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Easements. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to Seller," and Owner shall deliver the Closing Documents to County in a form acceptable to County. 5. Owner agrees to relocate any existing irrigation system located on the Easements including irrigation lines, electrical wiring and sprinkler valves, etc., prior to the construction of the project without any further notification from County. Owner assumes full responsibility for the relocation of the irrigation system on the remainder property and its performance after relocation. Owner holds County harmless for any and all possible damage to the irrigation system in the event owner fails to relocate the irrigation system prior to construction of the project. If Owner elects to retain improvements and /or landscaping ( "Improvements ") located on the Easements, the Owner is responsible for their retrieval prior to the construction of the project without any further notification from County. Owner acknowledges that County has compensated Owner for the value of the Improvements and yet County is willing to permit Owner to salvage the Improvements as long as their retrieval is performed before construction and without interruption or inconvenience to the County's contractor. All Improvements not removed from the Easements prior to commencement of construction of the project shall be deemed abandoned by Owner. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 16A34 Page 3 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easements, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the Easements shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the Easements or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easements or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easements, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easements. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easements or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easements which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easements to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the Easements and not to do any act or omit to perform any act which would adversely affect the physical condition of the property underlying the Easements or its intended use by County. (h) The property underlying the Easements, and all uses of the said property, have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the property underlying the Easements except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easements to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of: a) any spill on the property underlying the Easements; b) any existing or threatened environmental lien against the property underlying the Easements; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easements. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the County against and from, and reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and 16A34 Page attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. County shall pay all fees to record any curative instruments required to clear title, and all Easement instrument recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the Easements; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien- holder or other encumbrance - holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per Paragraph 2. 10. There shall be deducted from the proceeds of sale all prior year ad valorem taxes and assessments levied against the parent tract property which remain unpaid as of the date of Closing. 11. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assignees, whenever the context so requires or admits. 12. If the Owner holds the property underlying the Easements in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, subject to the penalties prescribed for perjury, of the name and address of every person having a beneficial interest in the property underlying the Easements before the Easements held in such capacity are conveyed to County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. Conveyance of the Easements, or any interest in the property underlying the Easements, by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 14. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 15. This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: ATTEST:. • T.F:13ROCK, Clerk ` nDf puty Clerk �. 'a i ��ta�tur� • vA�i AS TO OWNER: DATED: 16 4a34 BOARD OF COUNTY COMMISSIONERS ( - COLLIER C UNTY, FLORIDA f ')-u� BY: W . FRED W. COYLE, Chairma Evil, ELLEN LIBb7q-DUNIf,-LBERGER Name (Print or Type) U Wwessrl�gg 4'wA4P C, 42mwoc ce/S,IG t( Name (Print or Type) Approved as to form and legal sufficiency: Assistant County Attorney Last Revised: 6/18/10 3 8 208 +00 N b D i O N - a 0 e 0 0 TRACT 56 !OLDEN GATE IOULEVARD (CRI876) 209+ 0 1210 +00 1 211 +00 PROPOSED ROADWAY EASEMENT PARCEL 354 ROUE 7,200 SO. FT. TR CT 57 GOLDEN GATE ESTATES UNIT 81 PLAT 800K 5 PAGE 19 EAST 180' OF TRACT 57 212+00 CARBONELL PFG MORTGAGE TRUST I OR 1735/642 OR 4395/263 OR OFFICIAL RECORDS (BOOK /PAGE) SQ. FT. SQUARE FEET ® PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PER PLAT BOOK 5, PAGE 19 LEGAL DESCRIPTION FOR PARCEL 354 RDUE 213+00 1 �! TRACT 72 N W E S A PORTION OF TRACT 57, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. THE SOUTH 40 FEET OF THE NORTH 90 FEET OF THE EAST 180 FEET OF SAID TRACT 57 CONTAINING 7,200 SQUARE FEET, MORE OR LESS. TECM - ROW FEB 0 1 2010 0 40 80 180 BY: M11 A. WARD, PROFESSIONAL SURVEYOR & MAPPER SKETCH & DESCRIPTION ONLY FLORIDA REGISIRA T NO. 5301 NOT A BOUNDARY SURVEY SCALE: 1' =80' SIGNING DATE // FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS ADFLORIDA RE61 RT MEP SICNSUIRMO RAND MAPPER. EMBOSSED SEAL of GOLDEN GATE BOULEVARD %� SKETCH & DESCRIPTION OF: PROPOSED ROADWAY EASEMENT .V�s� LTING > PARCEL 354 RDUE 6810 Willow Paris Drive, SuRe 200 Naples, Florida 34109 COLLIER COUNTY, FLORIDA Phone: (239) 597 -0575 FAX: (239) 597.0578 LB No.: 6952 Joe NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN Br FILE NAME SHEET 050217.00.01 00011 REV 01 6 49 28 1 " = 80' DEC. 2009 1 D.W.J. SK 354 1 OF 1 0 n 3 R GOLDEN GATE BOULEVARD (CR 876) 0 208 +00 209+)0 210 +00 211 +00. 0 so 0 0 `SOUTH LINE OF NORTH 90 FEET 40' / OF TRACT 57 8 a n 0 LINE TABLE LNE BEARING LENGTH L1 S00'28'20 "E 90.00' L2 S89'31'08 "W 19.77' L3 S00'28'52 "E 8.00' L4 S89'31'08 "W 66.12' L5 N00'28'52 "W 8.00' L6 N89- 31'08 °E 66.12' TRACT 56 Ln Ln IlJ PROPOS D TEMPORARY DRIVI RESTORATION EASEMENT PARCEL 354 TDRE 529 SO. FT. TRACT 57 GOLDEN GATE ESTATES UNIT 81 PLAT BOOK 5 PAGE 19 3-4 212 +00 1 213+00 j EAST 180' OF TRACT 57 CARBONELL PFG MORTGAGE TRUST I OR 1735/642 OR 4395/263 OR OFFICIAL RECORDS (BOOK /PAGE) SO. FT. SQUARE FEET PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PFR PLAT BOOK 5, PAGE 19 LEGAL DESCRIPTION FOR PARCEL 354 TDRE N W E S A PORTION OF TRACT 57, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN POINT OF RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 COMMENCEMENT COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. r COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 57; POINT OF THENCE S.00'28'20 "E., ALONG THE EAST LINE OF SAID TRACT 57, FOR 90.00 BEGINNING OF THE NORTH 90 FEET OF SAID TRACT 57; L6 THENCE 5.89'31'08 "W., ALONG SAID SOUTH LINE, FOR 19.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN „L4" L3 L2 THENCE 5.00'28'52 "E., FOR 8.00 FEET; r 1 XHIBIT :wAY =of= THENCE N.00'28'52 "W., FOR 8.00 FEET TO A POINT ON SAID SOUTH LINE; age EAST LINE OF DESCRIBED PARCEL. TECM - ROW TRACT 57 CONTAINING 529 SQUARE FEET, MORE OR LESS. FEB 0 12010 TRACT 72 EAST 180' OF TRACT 57 CARBONELL PFG MORTGAGE TRUST I OR 1735/642 OR 4395/263 OR OFFICIAL RECORDS (BOOK /PAGE) SO. FT. SQUARE FEET PROPOSED TEMPORARY DRIVEWAY RESTORATION EASEMENT (TDRE) PROPOSED ROADWAY, DRAINAGE AND UTILITY EASEMENT (RDUE) EXISTING ROADWAY EASEMENT DEDICATED TO THE PERPETUAL USE OF THE PUBLIC PFR PLAT BOOK 5, PAGE 19 LEGAL DESCRIPTION FOR PARCEL 354 TDRE N W E S A PORTION OF TRACT 57, GOLDEN GATE ESTATES, UNIT 81 AS RECORDED IN PLAT BOOK 5, PAGE 19 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LYING IN SECTION 6, TOWNSHIP 49 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 57; THENCE S.00'28'20 "E., ALONG THE EAST LINE OF SAID TRACT 57, FOR 90.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 90 FEET OF SAID TRACT 57; THENCE 5.89'31'08 "W., ALONG SAID SOUTH LINE, FOR 19.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE 5.00'28'52 "E., FOR 8.00 FEET; THENCE S 89'31'08 °W., FOR 66.12 FEET; THENCE N.00'28'52 "W., FOR 8.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE N.89'31'08 "E., ALONG SAID SOUTH LINE, FOR 66.12 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. TECM - ROW CONTAINING 529 SQUARE FEET, MORE OR LESS. FEB 0 12010 0 40 80 180 By. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY SCALE: 1" -80' MIC L A. RVEYOR MAPPER FLORIDA REaslwujr NO. =1 SIGNING DATE: FOR: COLLIER COUNTY GOVERNMENT BOARD OF COUNTY COMMISSIONERS AOFLORIDA REGISTEREDEPRROFE5510NVEYOR AND MAP ERSED SEAL OF GOLDEN GATE BOULEVARD DxI TAB SKETCH &DESCRIPTION OF: PROPOSED TEMPORARY DRIVEWAY s byq RESTORATION EASEMENT i 1�V . 1 itp:� PARCEL 354 TDRE 6610 Willow Park Drive, suite 200 COLLIER COUNTY, FLORIDA Napes, Florida 34109 Phone: (239) 597 -0575 FAX: (239) 597-0578 LB No.: 6952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME I SHEET 050217.00 01 0001 REV C1 6 I 49 I 28 1 1 " = 80' 1 DEC. 2009 1 D.W.J. SK 354TDRE 1 OF 1 I