03/11/1992a
IN THE CIRCUIT COURT OF THE
16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY,-FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
IN RE: MARGO GOLAN CHARITABLE
REMAINDER UNITRUST
EXHIBIT C
WAIVER, CONSENT AND JOINDER
The undersigned, Monroe County Public Library, a
remainder beneficiary of the above -referenced trust, having
received and reviewed a copy of the Complaint filed by Kim Golan
Norton, the sole current income beneficiary, as Plaintiff,
alleging facts and praying that this Court appoint Scott Oropeza,
C.P.A., as the successor trustee of the Trust; and
Being familiar with the contents of said Complaint and
the relief requested therein, 1 hereby waive notice and service
of process in the proceedings regarding said Complaint, consent
to the relief sought therein, and join with the Plaintiff in
praying that this Court appoint Scott Oropeza, C.P.A. as the
successor trustee and grant such other relief sought in said
Complaint.
(SEAL)
DANNY L. KOL E
By
1
Dated:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA,
(MONROE COUNTY PUBLIC LIBRARY)
By: _
Mayor/Chairman
AS O FOAM
_ ICIENCY.
By AUWW* OMCS
Dam Z • C(i.-.
IN THE CIRCUIT COURT OF .THE
16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
IN RE: MARGO GOLAN CHARITABLE
REMAINDER UMITRUST
COMPLAINT
The Plaintiff, Kim Golan Norton, alleges:
1. The court has jurisdiction in this matter pursuant
to Florida Statute, S737.201, the principal place of business of
the remainder beneficiaries of the above -referenced Trust (who
join in this complaint through the attached "Waiver, Consent and
Joinder") is Monroe County, Florida and the court has venue in
this matter pursuant to Florida Statute, S737.202.
2. The Plaintiff is the sole current income
beneficiary of the above -referenced Trust which was created
pursuant to the Last Will and Testament of Margo Golan, Deceased,
said Will having been admitted to probate and administered in the
proceeding captioned In re Estate of Margo Golan, No.
86-359-CP-10, Probate Division, Circuit Court for Monroe County,
Florida. A copy of Article VIII of said Last Will and Testament,
which established the Trust, is attached to and made a part of
this Complaint as Exhibit A.
3. Article VIII of said Last Will and Testament
provides that the Trust is to be held and administered during the
life of Plaintiff, who is to receive eight (8) percent of the
COPY
ft
3
value of the Trust assets annually, and, upon her death, the trust
assets remaining are to be divided among the two remainder benefici-
aries, the Monroe County Public Library, and Rey West Art and Histori-
cal Society.
4. Citicorp Trost, N.A., has been serving as the sole succes-
sor trustee of the Trust, having been appointed.as a result of certain
resignations and declinations to serve by the trustees nominated in
the Last Will and Testament of Margo Golan, Deceased.
5. Citicorp Trust, N.A., whose offices are located at 140
Royal Palm Way, Palm Beach, Florida 33480, has stated that it intends
to resign as trustee of the Trust upon the appointment of a successor
trustee by this Court, as a matter of convenience to the beneficiaries
who desire the appointment of a local, Monroe County trustee.
6. The Last Will and Testament of Margo Golan, Deceased, does
not name or provide for the appointment of a further successor trustee
for the trust.
7. All interested parties are in agreement'that Scott Orope-
za, a Certified Public Accountant practicing in Rey West, Florida, is
duly qualified to serve as successor trustee of the Trust, because of
his financial and tax knowledge. Accordingly, as evidenced by the
Waiver, Consent and Joinder executed by the remainder beneficiaries
and attached to and made a part of this Complaint as Exhibits B and C,
the remainder beneficiaries, Monroe County Public Library, and Rey
West Art and Historical Society, consent to and join in this Complaint
seeking the appointment of Scott Oropeza, C.P.A., as the successor
A*
trustee for the Trust, as prayed for herein.
WHEREFORE, the Plaintiff prays that the Court enter its order
appointing Scott Orope$a, C.P.A., at the solo successor trustee of the
Margo Golan Charitable'Remainder Unitrust, and granting such further
relief.as the Court deems 'proper.
Under penalties of perjury, I hereby declare that I have read
the foregoing and the facts are true, to the best of my knowledge and.
belief.
Executed this day of r 1992.
Law Offices of
NATHAN E. EDEN, P.A.
417 Eaton Street
Rey West;
(305 2
BY=
Florida Bar No. 114751
(;OLW NORTON
FINE, JACOBSON. SCHWARTZ . STASH,
BLQCx
100 Southeast Second Street
Miami, FL 33131
(305) 577-4000
By s G'
ILLIAM JAY Florida BarJ=At
. 175255
Attorneys for Plaintiff
INDEMNIFICATION AGREEMENT
KIM GOLAN NORTON, MONROE COUNTY PUBLIC LIBRARY and KEY
WEST ART AND HISTORICAL SOCIETY (the "Indemnitor") agree to
indemnify and hold harmless SCOTT OROPEZA, C.P.A., (the
"Indemnitee") in his capacity as successor trustee of the Margo
Golan Charitable Remainder Unitrust (the "Trust"), created under
the Last Will and Testament of Margo Golan, Deceased, against all
loss, liability and expense, including reasonable attorneys' fees
and disbursements in connection with any claim or lawsuit
asserted in connection with, arising or allegedly arising, out of
the administration, acts or omissions of any Personal
Representative or predecessor trustee with respect to the Trust.
4
The Indemnitee shall not be responsible for, nor have any duty to
inquire into, the administration, acts or omissions of any
Personal Representative or predecessor trustee with respect to
the Trust.
Upon receiving notice of a claim with respect to which
indemnification is to be sought under this Agreement, Indemnitee
shall promptly give the Indemnitor written notice in reasonable
detail. The Indemnitor may within a reasonable time thereafter
elect, by written notice to Indemnitee to assume and control the
defense and resolution of the claim or lawsuit with counsel of
the Indemnitor's choosing, if reasonably satisfactory to
Indemnitee. If such notice is given, the Indemnitor shall not be
liable for legal or other expenses subsequently incurred by
Indemnitee in connection with the defense of the claim or lawsuit
and the Indemnitor shall be entitled to settle the claim on such
terms as Indemnitor deems appropriate with Indemnitee's consent,
which shall not be unreasonably withheld.
This Agreement shall be binding against each of the
parties and their assigns, heirs and estate.
WITNESSES:
ATTESTED TO: DANNY L. KOLHAGE, CLERK
1
By t y C lie r�k
Date: 3/11/92
ATTESTED TO
By: , Secretary
-2-
KIM GOLAN NORTON
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(MONROE COUNTY PUBLIC LIBRARY)
• w
By:
Mayor/Chairman
KEY WEST ART AND HISTORICAL
SOCIETY
By:
SCOTT OROPEZA, C.P.A.
w
c
TRUSTEE FEE AGREEMENT
THIS AGREEMENT is made as of , 1992,
bet*ween SCOTT OROPEZA, C.P.A. (the "Fiduciary"), as Trustee of
the Margo Golan Charitable Remainder Unitrust (the "Trust"), and
KIM GOLAN NORTON,;MONROE COUNTY PUBLIC LIBRARY AND KEY WEST ART
AND HISTORICAL SOCIETY, the beneficiaries of the Trust, referred
to collectively as the "Beneficiary."
In consideration of the services agreed to be performed
by the Fiduciary, the fees to be paid from the Trust to the
Fiduciary, and the benefits to accrue to the Beneficiary, the
Fiduciary agrees to serve as successor trustee of the Trust and
the Beneficiary consents to the payment of the Fiduciary's and
Fiduciary's Agent's fees as stated below. `
1. Scope of Duties. The Fiduciary shall perform or
shall retain agents subject to its supervision to perform all
necessary and proper services, shall hold and invest the Trust
estate, shall collect the income therefrom, and shall administer
said Trust estate in accordance with the terms of the Trust and
applicable law. In addition, the Fiduciary shall prepare and
file all tax returns and exercise all tax -related elections and
options due or required, from time to time, with respect to the
Trust and shall prepare and submit accountings of the Trust to
the Beneficiary not less frequently than annually.
2. Amount of the Fee. The Beneficiary agrees that
the Fiduciary shall receive as compensation for its regular
services to be performed, a fee based upon an hourly rate of
together with applicable taxes, if any, and the
Fiduciary agrees to maintain time records specifying the date on
which the services were rendered, a description of the services,
and the time expended in rendering such services. The
Beneficiary consents to the payment of the foregoing fees on a
monthly basis ana-,the Fiduciary agrees to provide Beneficiary
with a copy of the time records within ten (10) days of the
receipt of the Beneficiary's written request for such time
records.
3. Hiring Other agents. The Fiduciary may retain a
Florida attorney to provide legal advice and other legal services
with respect to the Trust. The Fiduciary may also hire others to
assist in the administration of the Trust. For example, the
Fiduciary may hire an investment advisor to assist the Fiduciary
in the investment of Trust assets. In addition, the Fiduciary
may from time to time, and depending upon the circumstances
present, hire other agents such as appraisers, auctioneers or
others to assist in the administration of the Trust. Some or all
of those persons hired may charge for those services based solely
or in part on a percentage of the value of the assets they deal
with. The Beneficiary consents to the payment by the Fiduciary
of such fees so long as such fees do not exceed fees generally
charged for similar services, and the Fiduciary agrees to
disclose the amount of such fees upon reasonable request by the
Beneficiary.
-2-
4. Payment of Fees. The Beneficiary shall have no
responsibility for the payment of any fees to the Fiduciary or
the attorney, investment advisors or other persons hired by the
Fiduciary as the need may arise. All fees of the Fiduciary or
others hired by the Fiduciary will be paid by the Fiduciary
directly from the Trust assets.
Signed in the presence of:
SCOTT OROPEZA, C.P.A.
KIM GOLAN NORTON
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL) (MONROE COUNTY PUBLIC LIBRARY)
T: DA
ByNNY .L. ERK
Jerk By:
Date: 3/11/92 Mayor/Chairman
KEY WEST ART AND HISTORICAL
SOCIETY
By: ,
/,-#)C
r� -
I
Atto/lMjh
-92 MAY 21 P 3 :C 8
IN R9: WGQ GOLAN CHARITABLE
^1�NR0' i>'+Rtii NDER UNITRUST
IN THE CIRCUIT COURT OF THE
16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA.
GENERAL JURISDICTION DIVISION
CASE NO. 92-339-CA-18
RECEIPT, RELEASE AND CONSENT
The undersigned, Monroe County Public Library, one of the
remainder beneficiaries of this trust, does acknoi•.ledge receipt
of the trust accountings filed by Citicorp Trust, N.A., releases
Citicorp Trust, N.A. from all liability with respect to the
administration of the trust, consents to the entry of an order
appointing Scott Oropeza, CPA, as successor trustee of this
trust, approving the accounts of Citicorp Trust, N.A. and, upon
delivery by Citicorp Trust, N.A. of the trust assets as reflected
on the accounts to the successor trustee and the filing herein of
a receipt reflecting that delivery, discharging Citicorp Trust,
N.A. from any further responsibility or liability with respect to
this trust.
DATED this 13th day of
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
May 1992.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, on behalf of
MONROE COUNTY PUBLIC LIBRARY
By By db
Depu,ey Clerk Mayor/Chairman
TO FO M
LE AL FF NCy.
By
Attorneys O/Bc9
Date