Agenda 09/13/2016 R Item #16D11 16.D.11
09/13/2016
EXECUTIVE SUMMARY
Recommendation to accept a distribution from The Raymond James Trust, N.A., Franz Pschibul
Revocable Trust of 1996, in the amount of $579.55 to specifically benefit the Naples Regional
Branch Library and authorize the Chairman to approve the required receipt and necessary budget
amendment.
OBJECTIVE: To provide services at the Naples Regional Branch Library to benefit the residents of
Collier County.
CONSIDERATIONS: The Raymond James Trust, N.A. advised the Collier County Public Library
(CCPL) that the Library is a beneficiary of the Franz Pschibul Revocable Trust of 1996. The Board
approved a distribution in the amount of$295,264.82 on March 8, 2016 (Agenda item 16D12). The Trust
would like to donate an additional distribution of$579.55 to the CCPL. The Trust specifies that the funds
must be used by the Naples Regional Library. The Raymond James Trust, N.A. requires that the County
approve to accept the funds and confirm that the County will abide by the provisions set forth in the Trust
and commit the funds to the CCPL.
FISCAL IMPACT: Donation provided by the Franz Pschibul Revocable Trust of 1996 in the amount of
$579.55 will be recognized and budgeted in the Library's Administration Grant Fund 129 (Fund Center
156112). There is no requirement for a County match.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority vote for Board approval.-SRT
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves and accepts a $597.55
donation from the Franz Pschibul Revocable Trust of 1996 to specifically benefit the Naples Regional
Branch Library, authorize the Chairman to approve the required receipt and necessary budget amendment.
Prepared By: Tanya Williams, Interim Library Director
ATTACHMENT(S)
1.Pschibul Revocable Trust Second Amendment (PDF)
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16.D.11
09/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Item Summary: Recommendation to accept a distribution from The Raymond James Trust, N.A.,
Franz Pschibul Revocable Trust of 1996, in the amount of $579.55 to specifically benefit the Naples
Regional Branch Library and authorize the Chairman to approve the required receipt and necessary
budget amendment.
Meeting Date: 09/13/2016
Prepared by:
Title: Administrative Assistant—Library
Name: Karen Tibbetts
08/08/2016 3:28 PM
Submitted by:
Title: Assistant Division Director-Library—Library
Name: Tanya Williams
08/08/2016 3:28 PM
Approved By:
Review:
Library Tanya Williams Level 1 Originator Add Reviewer Completed 08/08/2016 3:54 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 08/11/2016 12:31 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/11/2016 1:14 PM
County Attorneys Office Scott Teach Level 2 Attorney Review Completed 08/16/2016 8:17 AM
Grants Joshua Thomas Level 2 Grants Review Completed 08/22/2016 10:06 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/22/2016 10:44 AM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 08/22/2016 12:52 PM
Grants Therese Stanley Level 3 OMB 1st Reviewer 1-4 Completed 08/22/2016 2:34 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/28/2016 10:09 AM
Board of County Commissioners MaryJo Brock Meeting Pending 09/13/2016 9:00 AM
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SECOND AMENDMENT TO
FRANZ PSCHLBUL
REVOCABLE TRUST OF 1996
This is the Second Amendment to the FRANZ PSCHIBUL REVOCABLE 11,
TRUST OF 1996, dated May 15, 1996, as amended (the "Trust Agreement"), by and 2
between FRANZ PSCHIBUL, as Settlor and as Trustee. i
Pursuant to the rights and powers reserved to the Settlor under paragraph (C) of u_
Article I of the Trust Agreement, I, FRANZ PSCHIBUL, amend the Trust Agreement as
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follows:
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FIRST: I hereby revoke and delete paragraph (C) of Article I of the Trust
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Agreement in its entirety, and substitute the following paragraph as new paragraph(C) of
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Article I of the Trust Agreement in lieu thereof
"(C) Revocability
I reserve the right to amend or revoke this trust
in whole or in part at any time and from time to time by a duly
acknowledged instrument executed by me with the formalities required for
a valid Florida will set forth in Section 732.502(1) Florida Statutes. An
amendment or revocation shall become effective when I sign it, but the
trustee shall not be liable for any action taken pursuant to the terms of the
trust as they existed prior to receipt by the trustee of such amendment or 011
revocation. Following any complete revocation, the trustee shall distribute 17,
to me all trust assets remaining after the trustee shall pay or make provision �=
for payment of all unpaid administration expenses." I
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SECOND: I hereby revoke and delete paragraph (B) of Article III of the Trust
Agreement in its entirety, and substitute the following paragraph as new paragraph(B) of -°
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Article III of the Trust Agreement in lieu thereof: °-
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"(B) Division and Distribution ta
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Upon the death of the survivor of my wife, c
MAXINE, and me, the then remaining net trust assets shall be divided into c
as many equal shares as are necessary to provide for the following
distributions, as have not failed for lack of a beneficiary, and such shares
shall be disposed of as follows: c
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(1) One (1) share shall be further divided ,c
into as many equal parts as are necessary to provide for the following s
distributions, as have not failed for lack of a beneficiary, and such parts a
shall be disposed of as follows: a
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(a) One(1)part shall be distributed to
CHILDREN'S MUSEUM OF NAPLES, INC., Naples, Florida, or its legal
successor organizations forever.
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(b) One(1) part shall be distributed to 2
COLLIER COUNTY PUBLIC LIBRARY, Naples, Florida, or to its legal o
successor organizations forever, to be used for the benefit of the NAPLES t
REGIONAL BRANCH LIBRARY. If the NAPLES REGIONAL
BRANCH LIBRARY is not then in existence, such funds shall be used by :a
COLLIER COUNTY PUBLIC LIBRARY as it sees fit. 5
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(c) One (1) part shall be distributed to Q
FLORIDA GULF COAST UNIVERSITY FOUNDATION, INC., Fort
Myers, Florida, or to its legal successor organizations forever, to be
contributed to The General Scholarship Fund.
(2) One(1) share shall be distributed equally c
among TODD WERTALIK, JANINE GREGOR, CLAUDIA' E
MOGENDORF, and ANDREAS MAIER. If TODD,JANINE, CLAUDIA, Q
or ANDREAS is not then living,his or her share shall be added to the share
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to be distributed under subparagraph (B)(1) above and shall be distributed 0
pursuant to its terms." cni
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THIRD: I hereby revoke and delete subparagraph (A)(2) of Article IV of the F
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Trust Agreement in its entirety, and substitute the following paragraph as new cv
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subparagraph(A)(2)of Article IV of the Trust Agreement in lieu thereof:
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"(2) For purposes of this paragraph (A), an
individual trustee shall be deemed incapacitated, and therefore to have a
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ceased to act as trustee, whenever a physician signs and files with the trust
records a written statement certifying that he or she is the primary care
physician of the incapacitated trustee and that in his or her opinion, or in
the opinion of another physician with whom he or she has consulted, the E
incapacitated trustee is mentally or physically unable to administer the trust
affairs properly. A majority of the adult income beneficiaries and/ or the
then acting co-trustee or any named successor trustee may request in
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writing not more often than once every twelve (12) months that any
individual trustee provide within ninety(90) days of such request a copy of
a written statement regarding the individual trustee's mental and physical
ability to administer the trust affairs properly. Such written statement shall
be prepared by the primary care physician of the individual trustee or a
another physician with whom the primary care physician has consulted who
has examined the trustee no more than two (2) months prior to the date of LL
the written request. The individual trustee shall be reimbursed for all
reasonable expenses incurred in connection with obtaining and circulating E
the written statement. If the individual trustee fails to provide the written ,2
statement within the time required, then such individual trustee shall be o
deemed incapacitated and therefore to have ceased to act as trustee. I
exonerate any physician providing a written statement pursuant to this
paragraph from any and all liability for executing such a statement.
Anyone relying on such statement and this provision of the trust instrument
is released from any liability on account of such reliance. I provide for
such determination in order to permit trustee succession without the
necessity of court action; however, such determination shall have no effect
on my power to revoke this trust so long as I am competent to do so."
FOURTH: I hereby revoke and delete Article V of the Trust Agreement in its
entirety, and substitute the following paragraph as new Article V of the Trust Agreement
in lieu thereof:
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"V. ACCOUNTS N,
The trustee shall render accounts of this trust to me during my
lifetime at my request. Following my death, the trustee shall prepare at
least annually an account of the administration of each of the trusts as
established hereunder. The trustee shall, within a reasonable time, mail or
deliver a copy of each account to the qualified beneficiaries of the trust to a:
which the account relates; provided, however, that if any such person is
under a legal disability, the trustee shall mail or deliver such person's copy
of such account to the court-appointed guardian or conservator of such a
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person's estate, or, in the case of a minor for whose estate no guardian has to-
been appointed, to a parent. I intend that the trustee shall be completely o
released and discharged as to an adult qualified beneficiary or an adult or 0
minor qualified beneficiary who has a court-appointed guardian or E
conservator with respect to the period of any account if the adult qualified a5
beneficiary or the adult or minor qualified beneficiary's court-appointed r
guardian or conservator either gives the trustee written approval of the
account or fails to object in writing to it within six (6) months after the L
trustee mailed or delivered a copy of the account as provided above. As to- F
a minor qualified beneficiary who does not have a court-appointed guardian .6
or conservator, the trustee shall be completely released and discharged with 0
respect to any account for a period that ends before such qualified N
beneficiary attains the age of majority if such qualified beneficiary (or the c
court-appointed guardian or conservator that is acting for such qualified
beneficiary after such qualified beneficiary has attained the age of majority)
has received a copy of such account after such qualified beneficiary has E
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attained the age of majority and either gives the trustee written approval of
such account or fails to object in writing to it within six(6) months after the o
date of such receipt. I intend by this Article to provide an informal, non- t
judicial and inexpensive procedure whereby the trustee may obtain a N
complete discharge as to each qualified beneficiary with respect to the .73
administration of any trust established hereunder. For purposes of this
Article, the term `qualified beneficiary' shall mean a living person then 0
entitled to receive distributions of income and/or principal from the trust, a a
living person who would be entitled to receive distributions of income o
and/or principal from the trust if all interests of the current persons then
entitled to receive distributions of income and/or principal from the trust =
terminated on such date without causing the trust to terminate, and a living E
person who would be entitled to receive distributions of income and/or c
principal from the trust if such trust terminated in accordance with its terms E
on such date." Q
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FIFTH: In all other respects, I hereby ratify and confirm the provisions of the
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Trust Agreement, reserving to myself the right to amend further the Trust Agreement and
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this amendment thereto.
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IN WITNESS WHEREOF, FRANZ PSCHIBUL on this 7 day of October,
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2009, has executed this Second Amendment to the FRANZ PSCHIBUL REVOCABLE 12
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TRUST OF 1996,dated May 15, 1996, as amended. 0.
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In iii- Presence of: in
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AFFIDAVIT OF PROOF OF TRUST AMENDMENT 1E
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I, FRANZ PSCHIBUL, declare to the officer taking my acknowledgment of this o
instrument, and to the subscribing witnesses, that I signed this instrument as an c
Amendment to Revocable Trust.
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•N: PSCHIBUL, Settlor I
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witnesses, have been sworn by the o ficer signing elow, and declare to that officer on CO
our oaths that the Settlor declared the instrument to be an Amendment to Revocable Trust
and signed it in our presence and that we each signed the instrument as a witness in the 6
presence of the Settlor and in the presence of-..h other.
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Acknowledged and subscribed before me by the Settlor, FRANZ PSCHIBUL, o
who is personally known to me or who has produced driver's licenses a identifi ation, a
and sworn to and subscribed before me by the witnesses, (__C'—eke.
who :. •ersonall •1.iwn to me or who has produced a driver's license as identification, _0
and , ,i _;� P who is personally known to me or who has produced N
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a driver's license as identification, and subscribed by me in the presence of the Settlor and
the subscribing witnesses, all on this day of October,2009.
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SEAL Signature of Notary Public
Printed Name of Notary Public 11)
Type of identification utilized by the Notary: 2
Settlor. 'ersonal Knowledge El Driver's license
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Witness I: pePersorull Knowledge Cl Drivers license w
Witness 2: Personal Knowledge ❑Driver's license '"': Ml' s DIU.S~•••
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