Agenda 03/08/2016 Item #16D12 3/8/2016 16.D.12.
EXECUTIVE SUMMARY
Recommendation to approve a Release, Waiver & Refunding Agreement and Plan of Final
Distribution for the Franz Pschibul Revocable Trust of 1996, to accept final distribution in the
amount of$295,264.82 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 Library that the Library is a
beneficiary of the Franz Pschibul Revocable Trust of 1996. The Trust would like to donate the final
distribution of$295,264.82 to the Collier County Public Library. 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 Collier County Public Library.
FISCAL IMPACT: Donation provided by the Franz Pschibul Revocable Trust of 1996 in the amount of
$295,264.82 will be recognized and budgeted in the Library Fund 129 (Fund Center 156112). There is no
requirement for a County match.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approves and accepts a $295,264.82
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,Assistant Library Director
Attachments:
1)Plan of Final Distribution
2) Pschibul Revocable Trust Second Amendment
3)Release Waiver Refunding Agreement
4)W9 BCC 2015
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.12.
Item Summary: Recommendation to approve a Release, Waiver& Refunding Agreement
and Plan of Final Distribution for the Franz Pschibul Revocable Trust of 1996, to accept final
distribution in the amount of$295,264.82 to specifically benefit the Naples Regional Branch
Library and authorize the Chairman to approve the required receipt and necessary budget
amendment.
Meeting Date: 3/8/2016
Prepared By
Name: TibbettsKaren
Title:Administrative Assistant,Library
2/12/2016 11:53:23 AM
Submitted by
Title: Assistant Division Director-Library, Library
Name: WilliamsTanya
2/12/2016 11:53:24 AM
Approved By
Name: WilliamsTanya
Title:Assistant Division Director-Library, Library
Date: 2/17/2016 2:33:08 PM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 2/18/2016 9:22:00 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 2/22/2016 9:27:42 AM
Name: WilliamsTanya
Title: Assistant Division Director-Library,Library
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Date: 2/22/2016 9:45:28 AM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 2/22/2016 10:14:23 AM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 2/22/2016 4:59:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/24/2016 10:34:53 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 2/26/2016 11:59:22 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 2/28/2016 4:33:07 PM
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3/8/2016 16.D.12.
SECOND AMENDMENT TO
FRANZ PSCIEiIBUL
REVOCABLE TRUST OF 1996
This is the Second Amendment to the FRANZ PSCHIBUL REVOCABLE
TRUST OF 1996, dated May 15, 1996, as amended (the "Trust Agreement"), by and
between FRANZ PSCHIBUL, as Settlor and as Trustee.
Pursuant to the rights and powers reserved to the Sett lor under paragraph (C) of
Article I of the Trust Agreement, I, FRANZ PSCHIBUL, amend the Trust Agreement as
follows:
FIRST: I hereby revoke and delete paragraph (C) of Article I of the Trust
Agreement in its entirety, and substitute the following paragraph as new paragraph(C) of
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
revocation. Following any complete revocation, the trustee shall distribute
to me all trust assets remaining after the trustee shall pay or make provision ?..
for payment of all unpaid administration expenses."
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
Article III of the Trust Agreement in lieu thereof:
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"(B) Division and Distribution
Upon the death of the survivor of my wife,
MARINE, and me, the then remaining net trust assets shall be divided into
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:
(1) One (1) share shall be further divided
into as many equal parts as are necessary to provide for the following
distributions, as have not failed for lack of a beneficiary, and such parts
shall be disposed of as follows:
(a) One(1)part shall be distributed to
CHILDREN'S MUSEUM OF NAPLES, INC., Naples, Florida, or its legal
successor organizations forever.
(b) One(1) part shall be distributed to
COLLIER COUNTY PUBLIC LIBRARY, Naples, Florida, or to its legal
successor organizations forever, to be used for the benefit of the NAPLES
REGIONAL BRANCH LIBRARY. If the NAPLES REGIONAL
BRANCH LIBRARY is not then in existence, such funds shall be used by
COLLIER COUNTY PUBLIC LIBRARY as it sees fit.
(c) One (1)part shall be distributed to
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
among TODD WERTALIK, JANINE GREGOR, CLAUDIA'
MOGENDORF, and ANDREAS MAIER. If TODD,"JANINE, CLAUDIA,
or ANDREAS is not then living,his or her share shall be added to the share
to be distributed under subparagraph (B)(I) above and shall be distributed
pursuant to its terms."
THIRD: I hereby revoke and delete subparagraph (A)(2) of Article IV of the
Trust Agreement in its entirety, and substitute the following paragraph as new
subparagraph(A)(2)of Article IV of the Trust Agreement in lieu thereof:
"(2) For purposes of this paragraph (A), an
individual trustee shall be deemed incapacitated, and therefore to have
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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
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
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
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
the written request. The individual trustee shall be reimbursed for all
reasonable expenses incurred in connection with obtaining and circulating
the written statement. If the individual trustee fails to provide the written
statement within the time required, then such individual trustee shall be
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:
"V. ACCOUNTS
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
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
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
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person's estate, or, in the case of a minor for whose estate no guardian has
been appointed, to a parent. I intend that the trustee shall be completely
released and discharged as to an adult qualified beneficiary or an adult or
minor qualified beneficiary who has a court-appointed guardian or
conservator with respect to the period of any account if the adult qualified
beneficiary or the adult or minor qualified beneficiary's court-appointed
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
trustee mailed or delivered a copy of the account as provided above. As to
a minor qualified beneficiary who does not have a court-appointed guardian
or conservator, the trustee shall be completely released and discharged with
respect to any account for a period that ends before such qualified
beneficiary attains the age of majority if such qualified beneficiary (or the j
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
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 •
date of such receipt. I intend by this Article to provide an informal, non-
judicial and inexpensive procedure whereby the trustee may obtain a
complete discharge as to each qualified beneficiary with respect to the
administration of any trust established hereunder. For purposes of this
Article, the term `qualified beneficiary' shall mean a living person then
entitled to receive distributions of income and/or principal from the trust, a
living person who would be entitled to receive distributions of income
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
person who would be entitled to receive distributions of income and/or
principal from the trust if such trust terminated in accordance with its terms
on such date."
FIFTH: In all other respects, I hereby ratify and confirm the provisions of the
Trust Agreement, reserving to myself the right to amend further the Trust Agreement and
this amendment thereto.
IN WITNESS WHEREOF, FRANZ PSCHIBUL on this`2 day of October,
2009, has executed this Second Amendment to the FRANZ PSCHIBUL REVOCABLE
TRUST OF 1996,dated May 15, 1996, as amended.
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In ,-- Presence of:
ilk 1
411,AAIrd6.2"..........z a .1141. a—4 I _a... 1
." ► / ' ' ,' PSCHIBUL,
t`� Settlor and Trustee
1
1
AFFIDAVIT OF PROOF OF TRUST AMENDMENT
I
STATE OF FLORIDA )
) ss.
COUNTY OF COLLIER )
I, FRANZ PSCHIBUL, declare to the officer taking my acknowledgment of this
instrument, and to the subscribing witnesses, that I signed this instrument as an
Amendment to Revocable Trust.
I '
• , : PSCHIBUL, Settlor '.
.... f � � ,
We, ;.a 1. ��a. L and �e
witnesses, have been sworn by the o ficer signing below, and declare to that officer on
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
presence of the Settlor and in the presence of io
•h other.
1
rte r4--ry
1
- , _� �•
4 ,,d app,.., -c.
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I
Acknowledged and subscribed before me by the Settlor, FRANZ PSCHIBUL, I
who is personally known to me or who has produced driver's licenses a identifi ation,
and sworn to and subscribed before me by the witnesses, 'Cu'-2«.
who erson wn to me or who has produced a driver's license as identification, f.
ands who is personally known to me or who has produced I
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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 tbisca- day of October,2009.
SEAL Signature of Notary Public
Printed Name of Notary Public
Type of identification utilized by the Notary: •
Settlor: rersonal Knowledge ❑Driver's license
Witness 1: 9crsonal Knowledge 0 Driver's license
Witness 2: Io'eraonal Knowledge 0 Driver's license '? �{
Iy�y/uy�''`^y^s; L DIUp�[f
4
1
•
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RAYMOND JAMES® Trust Release, Waiver &
Refunding Agreement
Name of Account: Franz Pschibul Revocable Trust of 1996, dated May 15, 1996 as
amended on March 31, 1998 & October 29, 2009 ("Trust").
Trustee: RAYMOND JAMES TRUST,N.A. ("Trustee")
Beneficiaries: Todd Wertalik, Janine Gregor, Claudia Mogendorf, Andreas Maier,
Children's Museum of Naples, Inc., Collier County Public Library
and Florida Gulf Coast University Foundation, Inc.,
("Beneficiaries")
The undersigned, as Beneficiaries of the Trust, in consideration of the mutual covenants
set forth below, hereby:
1. Acknowledge that they are entitled to an account of the Trustee's acts as Trustee
of the Trust, that the Trustee may file a judicial accounting and petition for
discharge in the appropriate court seeking approval of its accounting and granting
its petition for discharge from any further responsibility of the Trust;
2. Agree to execute this Agreement in lieu of such judicial accounting and discharge
and waive all right to any such account in order to expedite the distribution of the
Trust and avoid the expense attendant thereon;
3. Accept all periodic statements of the Trust heretofore made by Trustee and
received by the undersigned in connection with the administration of the Trust
and does hereby release the Trustee from any and all liability for all matters
disclosed in such periodic statements of account;
4. Acknowledge that they are aware of the amounts and assets which shall be
transferred upon execution of this Agreement, subject to any applicable market
fluctuation and payment of fees and expenses, and accepts same as accurate;
5. Release and discharge the Trustee, as trustee and in its corporate capacity, its
predecessors, successors, affiliates and directors and employees of the Trustee or
its affiliates, of and from any and all liability or claims whatsoever that they or
any other person or entity may now have or may have in the future against the
Trustee by reason of any act done or omitted to be done by the Trustee in
connection with the administration of the Trust;
6. Agree that, if any claims, charges or expenses (including but not limited to taxes,
court costs, attorneys' fees and fiduciary compensation) become properly payable
by the Trustee out of the property hereby delivered, the undersigned will,
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RAYMOND JAMES® Trust Release, Waiver &
Refunding Agreement
immediately upon demand, pay over the amount thereof to the Trustee, or
retransfer and redeliver to the Trustee, for sale and liquidation, such part of the
assets delivered herewith as said Trustee may demand. Said refund shall not
exceed the value of the assets received from the Trust.
7. Acknowledge that (i) this Agreement is a legal document; (ii) they have been
advised to have this Agreement reviewed by their attorney(s); and (iii) they have
had the Agreement reviewed by such attorney(s) or voluntarily chose to execute it
without a review by such attorney(s);
8. Understand that the provisions of this Agreement are severable, and if any part of
it is found to be unenforceable, the other provisions shall remain fully valid and
enforceable;
9. Agree that the provisions of this Agreement shall bind and inure to the benefit of
them and their heirs, successors and assigns and the successors and assigns of the
Trustees; and
10. Agree that this Agreement may be signed in counterparts, each of which shall be
an original and all of which together shall constitute one Agreement.
Dated:
Todd Wertalik, Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29,2009
Dated:
Claudia Mogendorf, Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29, 2009
Dated:
Andreas Maier, Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29, 2009
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RAYMOND JAMES® Trust Release, Waiver &
Refunding Agreement
, Dated:
Janine Gregor, Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29, 2009
Dated:
Collier County Public Library,
Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29, 2009
Dated:
Florida Gulf Coast University Foundation, Inc.,
Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29, 2009
, Dated:
Children's Museum of Naples, Inc.,
Individually and as Beneficiary of the
Franz Pschibul Revocable Trust on 1996, dated
May 15, 1996 as amended on March 31, 1998 &
October 29, 2009
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Approved as to form and legality
Assistant County Attorney Page 3 of 3
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Form W •9 Request for Taxpayer Give Form to the
(Rev,December2014) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
dens,Revenue Service . •
1 Name(as shown on your income tax return.Name Is required on this line;do not leave this line blank.
Board of County Cor imissioners
. 2 Business name/disregard sd entity name,if iifferent from above
cv
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Q. 3 Check appropriate box fo'federal tax class fication;check only one of the following seven boxes; 4 Exemptions(codes apply only to
c
❑Individual/sole prophet r or ❑ C Corporation certain ionsion,not individuals:see
❑ S Corporation ❑ Partnership ❑Trust/estate instructions on page 3):
single-member LLC Exempt payee code(if any)
z.yz ❑Limited liability comber i.Enter the tax cl:issification(C=C corporation,S=S corporation,P=partnership)s•g i Note.For a single-men beer LLC that is do regarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting
the tax classification of he single-membe r owner. code(if any)
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on
a v ra Other(see instructions) • Government WppNw m
to accounts •ntehwd outside the U.S.)
5 Address(number,street,E id apt.or suite nc.) Requester's name and address(optional)
3299 Tamami Tr E Ste 700
m 6 City.state,and ZIP code
to Naples, FL 34112-574!)
7 List account number(s)her a(optional)
Part i Tax.a er Ide,ttification Number(TIN)
Enter your TIN In the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individut Is,this is gener shy your social security number(SSN).However,for a r
resident alien,sole proprietor,or iisregarded ent ty,see the Part I instructions on page 3.For other - -
entities,it is your employer,dent.ication number(EIN).If you do not have a number,see How to get a -
-
TIN on page 3. or
Note.If the account is in more the in one name,se a the instructions for line 1 and the chart on page 4 for i Employer identMcation number
guidelines on whose number to e:der. ' ' - -
5 9 - 6 0 0 0 5 5 8
Part II Certification
tnder penalties of perjury,I certif' that:
. The number shown on this forr1 is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2. I am not subject to backup wit, holding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject'o backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that i am
no longer subject to backup WI hholding;and
3. I am a U.S.citizen or other U.S person(define(,below);and
4.The FATCA code(s)entered on I its form(if any)Indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You mist cross out its 112 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report;.il interest and c ividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage
interest paid,acquisition or abandi nment of securad property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than int(rest and divide;ids,you are not required to sign the certification,but you must provide your correct TtN.See the
instructions on page 3.
Sign Signature of _
Here U.S.person► 1 C.c_ '� i t �r Date► ( Ct ( ,
General Instructions �s •Form 1 8,(iome mortgage Interest),1098-E(student loan Interest),1098-T
(tuition) L/
Section references are to the internal Re revue Code unles r otherwise noted. •Form 1099-C(canceled debt)
Future developments.Information aboi t developments a fecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured property)
as legislation enacted after we release It;is at www.irs.gov'fw9.
Use Form W-9 only if you are a U.S.person(including a resident alien),to
Purpose of Form provide your correct TIN.
An individual or entity(Form W-9 request sr)who is requires Ito file an information /f you do not return Form W-9 to the requester with a 77N,you might be subject
return with the IRS must obtain your con act taxpayer;dent fication number(TIN) to backup withholding.See What is backup withholding?on page 2.
which may be your social security numbs r(SSN),individua taxpayer identification By signing the filled-out form,you:
number((TIN),adoption taxpayer ldentific aeon number(AT N),or employer 1.Certify that the TiN you are giving is correct(or you are waiting for a number
identification number(EIN),to report on i'I information retu n the amount paid to to be issued),
you,or other amount reportable on an int rmation return.E samples of information
returns Include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding,or
•Form 1099-INT(interest earned or pail) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.if
•Form 1089-DIV(dividends,including tht se from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of
any partnership income from a U.S.trade or business is not subject to the
•Form 1099-MISC(various types of Moot ie,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and
•Form 1099-B(stock or mutual fund sale a and certain othe'transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are
okers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on
Form 1099-S(proceeds from real estate transactions) page 2 for further information.
•Form 1099-K(merchant card and third f arty network tram actions)
Cat.No.10231X Form W-9(Rev.12-2014)
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