Affidavit
II11I1 1111111\ 11111
1. Parcel Identification Number
(If Parcel ID not available
please call County Property ,
Appraiser's Office) ----+
PHOTOCOPIES OF
FLORIDA DEPARTMENT OF REVENUE THIS FORM NOT
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCEPTABLE
(PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING)
Use black ink. Enter numbers as shown below. If typing, enter numbets as shown below.
XXXXXXXXXX XXXXXXXXXX
DR-219
R.07198
I
2. Mark (x) all
that apply
Multi-parcel
transaction? --.
Transaction is a split
or cutout from
another parcel? ----+
Property was improved
with building(s) at time X
of sale/transfer? ----+
3. Grantor (Seller): Gloria Rosenthal, Trustee of the Gloria Rosenthal Revocable Trust
u/a/dtd 5/14/99
1310 Royal Palm Way, Boca Raton, FL 33432
4. Grantee (Buyer): City of Miami Beach, a Florida municipal corporation
1700 Convention Center Drive, Miami Beach, FL 33139
5. Date of Sale/Transfer
Sale/Transfer Price
01
Month
/ 31
Day
/
2005
$
1
080
000
00
Property 2 3
Located In
County Code
(County Codes on Reverse)
Year
(Round to the nearest dollar.)
6. Type of Document
Contract! Agreement
for Deed
Quit Claim
Deed
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title Defects? Corrective Deed? Mineral rights?
Sale of a partial or undivided interest? Related to seller by blood or marriage.
Other
7. Are any mortgages on the property? If "Yes",
outstanding mortgage balance:
(Round to the nearest dollar.) $
YES
/ X NO
X Warranty
Deed
YES
/ X NO
9. Was the sale/transfer financed? YES
/ X
NO If "Yes", please indicate type or types of financing:
Agreement or
Contract for Deed Other
Conventional
Seller Provided
1 O. Property Type:
Mark (x) all
that appy
11. To the best of your knowledge, was personal property YES / X NO $
included in the sale/transfer? If "Yes", please state the
amount attributable to the personal property. (Round to the nearest dollar.)
12. Amount of Documentary Stamp Tax ~ $
Institutional/
Residential Commercial Industrial Agricultural Miscellaneous Government Vacant
Acreage Timeshare
x
Cents
6
480
00
13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES
Under penalties of peljury, I declare that I have read the foregoing return and that the facts stated in it are true. If prepared by someone other
than the taxpayer, hislher declaration is based a information ofwh' ether has any knowledge. ~ ~ _
_/ AD/. '..5" oj
Signalllre of Grantor or Grantee or Agent ~ ate
,
/ X NO
L
WARNING: FAILURE TO FILE THIS RETURN 0 ALTERNATIVE FORM APPROVED BY THE DEPARTMENT OF REVENUE SHALL RESULT IN A PENALTY OF $25.00 [N ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA
(To be completed by the Clerk of the Circuit Court's Office) Clerks Date Stamp
O.R. Book
and
Page Number
and
File Number
Date Recorded / /
Month Day Year
CONTRACTOR'S LIEN, POSSESSION AND GAP AFFIDAVIT
AND NON-FOREIGN CERTIFICATE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, the undersigned officer duly authorized to administer oaths and take
acknowledgments, personally appeared GLORIA ROSENTHAL, Trustee of the Gloria
Rosenthal Revocable Trust uta/dtd 5/14/99, who after being duly sworn, depose and say:
1. That the Trust is the owner of the following described real property (the "Property"):
Lot 10, Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty
Company, according to the Plat thereof as recorded in Plat Book 9, Page 146,
Public Records of Miami-Dade County, Florida.
2. Affiant is not aware of any violations of municipal ordinances pertaining to the
above described property other than as stated in the title commitment or any facts, circumstances, or
conditions that might give rise to same.
3. Affiant agrees that in the event current real estate taxes vary in amount from the
figures used in the closing of the transfer and conveyance of the above described property to the
Buyers, then a new proration and a correct and proper adjustment and payment, if applicable, will
be made upon demand.
4. There are no actions, proceedings, judgments, bankruptcies, liens or executions
recorded among the Public Records of Miami-Dade County, Florida, or any other County in the
State of Florida or any other State in the United States, or pending against Affiant in the Courts of
Miami-Dade County, Florida or any other Courts in the United States.
5. Affiant states that she is familiar with the nature of an oath and with the penalties
provided by the laws of the State of Florida for falsely swearing to statements made in an
instrument 0 f this nature.
Contractor's Lien
6. That the above described property is free and clear of all liens, taxes, encumbrances
and claims of every nature, kind and description whatsoever, except for mortgages, if any, described
in the Deed given between the parties named herein, and excepting for the lien of real estate and
personal property taxes for the current year, and that within the past 90 days there have been no
improvements, alternations or repairs to the above described property for which the costs thereof
remain unpaid; that there are no mechanic's, materialmen's, laborer's or contractor's liens, against
the above described property; that the personal property contained in the above described property
is also free of all liens, claims and encumbrances.
f
Possession
7. Other than Affiant, no one has possession or the right to possession of the property
or any part thereof.
GAP
8. There are no claims, demands, liens or judgments outstanding against the property
and the owner is not indebted to anyone as to such property except for encumbrances revealed by
the Public Records prior to the last continuation oftitle.
9. Affiant has not taken any action to cause any change in title to said property from
and after the effective date of Attorneys' Title Insurance Fund, Inc., Commitment No. CF-1470054,
dated December 14, 2004, at 11:00 P.M. (the "Commitment"), and there are no matters caused by
the Affiant that are pending that could give rise to a lien that would attach to the property.
10. Except for the Deed to be insured, Affiant has not and will not execute any
instrument that would adversely affect the title to the property to be insured, nor permit any other
authorized signatory of the owner to do so.
11. The Affiant has executed and delivered this Affidavit to induce: (i) CITY OF
MIAMI BEACH, a Florida municipal corporation, to purchase the property; and (ii) Attorneys'
Title Insurance Fund, Inc. (the "Title Insurance Company"); and Bloom & Minsker, P.L. (the "Title
Agent") to insure the Buyers interest in said property.
12. The Affiant hereby agrees to hold the Title Insurance Company and the Title Agent
harmless of and from any and all loss, costs, damage and expense of every kind, including
attorneys' fees, that the Title Insurance Company or the Title Agent shall or may suffer or become
liable for under the policy to be issued on said property, on account of any adverse matters caused
by the Affiant that may be recorded between the effective date of the Commitment and the time of
the recording ofthe Deed to the Buyers.
Non-Foreign Certificate
13. This non-foreign certificate is provided pursuant to Section 1445 of the Internal
Revenue Code which provides that a transferee of U.S. Real Property interest must withhold tax in
an amount equal to 10% of the amount realized on the disposition if the transferor is a foreign
person. To inform the Buyers that withholding of tax is not required upon any disposition ofD.S.
real property interest, the undersigned hereby certifies under oath the following:
a)
Legal Name:
GLORIA ROSENTHAL, Trustee of the Gloria
Rosenthal Revocable Trust u/a/dtd 5/14/99
b)
Permanent Address:
1310 Royal Palm Way
Boca Raton, Florida 33432
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c) Taxpayer's LD. Number: 267-30-2195
d) Affiant is not a foreign person for purposes of United States income taxation, and is
not subject to the tax withholding requirements of Section 1445 of the Internal Revenue
Code of 1954, as amended.
e) That it is understood that this certificate may be disclosed to the Internal Revenue
Service by the Buyers, and that any false statement made herein is given under penalty of
perjury and could be punished by fine, imprisonment or both.
14. Affiant, under penalties of perjury, declares that she has examined this Affidavit,
and it is true, correct and complete.
FURTHER AFFIANT SAYETH NAUGHT.
Witnesses:
~~~
-.
GLORIA ROSENTHAL, Trustee of the
Gloria Rosenthal Revocable Trust u/a/dtd
5/14/99
Print Name c:.-~ . '7 .-.. . "??~-"l.A.
" --
Print
By:
GL
~~z;td
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me thi;5l~ay of January, 2005, by
GLORIA ROSENTHAL, Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99,
on behalf of the Trust, who produced a Florida driver's license as identification.
Commission Expires:
THIS INSTRUMENT PREPARED BY:
Craig M. Dome, Esq.
407 Lincoln Road, PHoSE
Miami Beach, FL 33139
,STATE OF FLORIDA r"'........---1?
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AL SEAL]
bFflClAL NOTARY SEAl-
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AFFIDAVIT OF NON-IDENTITY
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
BEFORE ME the undersigned authority, personally appeared
GLORIA ROSENTHAL, Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd
5/14/99, who upon being first duly sworn and cautioned, deposes and says:
1. I am a citizen of Palm Beach County, Florida, and I am as Trustee, the owner of the
property legally described as:
Lot 10, Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty
Company, according to the Plat thereof as recorded in Plat Book 9, Page 146,
Public Records of Miami-Dade County, Florida.
2. I am not the one and the same party to that certain Certified Judgment filed in the
name of Gloria Miller filed in Official Records Book 22794, Page 2507, of the Public Records of
Miami-Dade County, Florida.
FURTHER, AFFIANT SAYETH NAUGHT.
~~~
gLORlA ROSENTHAL
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me thi~ay of January 2005, by
GLORIA ROSENTHAL, who has produced a Florida driver's license as identification, and who
did (did not) take an oath.
~
My Commission Expires:
NOTARY PUB , STATE OF FLORIDA
(NOTARIAL SEAL] -:J:>O~! of.57Z/C-
~l'-y "iJ OFFlClALNOTARYSEAL
O"~' <9<c, OOROTHYOlSTER
" COMMISSIOl NUMBER
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"1<- J? MY c::or.4M1SS1Ol EXPIRES
~ OF F\ 0 MAY 18.2005
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AFFIDAVIT
This Instrument Prepared by
Craig M. Dome, Esq.
407 Lincoln Road, PH-SE
Miami Beach, Florida 33139
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared
GLORIA ROSENTHAL, individually and as Trustee of the Gloria
Rosenthal Revocable Trust u/a/dtd 5/14/99, who after first being duly
sworn, deposes and says:
I. Affiant states that she is familiar with the nature of an oath; and with the penalties as
provided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this
nature.
2. That Affiant is the Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99.
That attached hereto as Exhibit "A" is Page I of the Trust confirming the above..
3. That the Trust is the owner of the following legally described real property located in
Miami-Dade County, Florida:
Lot 10, Block 13, Amended Plat of Block Thirteen of the Alton Beach Realty
Company, according to the Plat thereof as recorded in Plat Book 9, Page 146, Public
Records of Miami-Dade County, Florida.
4. That Affiant, as Trustee, has the full power and authority to sell said real property and
attached hereto as Exhibit "B" is a copy of Article vn of the Trust showing the powers of the Trustee. That
there are no contrary powers or restrictions appearing in the Trust documents..
5. That the Trust has been in full force and effect during the period of ownership of the real
property to be insured..
FURTHERAFFIANTSAYETHNAUGHT~ ~
( GLORIA ROSENTHAL, Trustee
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 3/4 day of January, 2005,
GLORIA ROSENTHAL, T);u~t~~ho aclmowledged 9.efo~ me that she executed the same, and who
produced a FtA. lo\'l iJ~/5 c aVse as IdentIfi hon.
My Commission E .: 0 ICIALNOTARYSEAL
......l'- l'u(J DOROTHY OLSTER
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".... J? MV COMMISSION EXPIRES
~ OF r\.C:_~_.-1:4AY 18.2005
FIRST AMENDMENT AND RESTATEMENT TO
GLOIUA ROSENTHAL REVOCABLE TRUST AGREEMENT
THIS FIRST AMENDMENT, dated this 14th day of May, 1999, to the GLORIA
ROSENTHAL REVOCABLE TRUST AGREEMENT, dated the 19th day of May,19S8, by and
between GLORIA ROSENTHAL, of Boca Raton, FI~rida, hereinafter called Grantor, and
GLORIA ROSENTHAL, of Boca Raton. Florida,. hereinafter called Trustee.
WHEREAS, under Article ll(D) of said Trust Agreement, Grantor reserved the right to
alter, amend or revoke said Trust Agreement at any time and from time to time, either in whole
or in part.
NOW THEREFORE, in the exercise of said power, Grantor does hereby amend the said
Trust Agreement and Restate the Trust as follows:
Gtantor hereby deletes Article I through Article xm in their entirety, and inserts in lieu
thereof the following:
"ARTICLE I
The Trustee shall hold, manage and control the property comprising the trust estate, collect
the income therefrom, and shall payor apply the net income to the use of the Grantor in quarterly
or other convenient installments during her life or to such person or persons. and in such
proportions as sh~ may from time to time direct.
.' l~ at any time or times the Grantor is under a legal disability or by reason of illness or
mental or physical disability is in .the opinion of two physicians, both of which shalllOaintain a
practice in the county of Grantor's residence, unable properly to manage her affairs, the Trustee
shall use the net income and principal as the Trustee deems best for the care, support and comfort
-1-
k
BILL T. SMlTB, JR., P.A. . 980 North FcdcraUllgbwlIY . Suite 402 . Boca Raton, FL 33432 · (561) 368-57'7
ElE-~ ZIO/EOO'd Ill-!
-IIOH~ I'Id 10:SO So-a I-NYr
ARTlCLEVlI
Grantor. hereby grants to the Trustees of the trust established hereunder the continuing,
abSl>l~te. ~etionary power to deal with any property, real or personal, held in any trUst, lIS
freely as Grantor might in the handling of Grantor's own affairs. Such power may be exercised
independently and without me prior or subsequent approval of any court or judicial authority, and
no person dealing with the Trustees shall be required to inquire into the propriety of any of the
Trustee's actions. Without in an~ !'ay limiting the generality of the foregoing, Grantor hereby
grants to any TtuStee hereunder all powers granted under Florida law, including the power to sell
or otherwise deal with real property and in addition thereto, and not in substirotion thereof, the
following:
A. To compromise, settle or adjust any claim or demand by or against any trUst and
to agree to any rescission or modification of any contract .or agreement.
B. To sell, exchange, assign, transfer and convey any security or property, real or
personal, beld in any trUst fund, at public or private sale, at such time ond price and upon such
terms and conditions (including credit) as the TtuStees may determine.
. . .
C. To invest and reinvest in such stocks, bonds and other securities and properties as
the Trustees may deem advisable.
D. To register and carry any property in the Trustees' own name or in the Dame of
a nominee or to hold it unregistered, but without thereby increasing or decreasing the Trustees'
liability as fiduciary.
E. To make any election available to Grantor's estate, whenever in the Trustees' sole
discretion the Trustees determine that it is advisable to do so, including without limitation the
election of an alternate valuation date, the election of the special use method of valuation, the
deduction for income taX pUlJloses of any expense of Grantor's estate, the election of the method
of payment under any plan, policy or contract, and tho allocation of any generation skipping tax
exemption available to Grantor at Grantor's death to property passing under. this trust or
otherwise. Any decision regarding any such election or allocation, if made in good faith, sball
be binding and conclusive on aU concerned irrespective of the effect on the amount or allocation
of the burden of any tax. Compensating adjustments as between income and principal or as
between beneficiaries may be made in the Trustee's discretion but shall not be required.
.6-
4
BILL T. SMITH. JR., PoA. . 980 North FedexalHighway' Suite 402' Boca RatOD, FL 33432' (561) 368-5751
This Instrument Prepared by
Craig M. Dome, Esq.
407 Lincoln Road, PH-SE
Miami Beach, Florida 33139
AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared GLORIA ROSENTHAL,
individually and as Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99, who after first
being duly sworn, deposes and says:
1. Affiant states that she is familiar with the nature of an oath; and with the penalties as
provided by the laws of the State aforesaid for falsely swearing to statements made in an instrument of this
nature.
2. That Affiant is the Trustee of the Gloria Rosenthal Revocable Trust u/a/dtd 5/14/99 and
has the care and custody of said trust.
3. That attached hereto as Exhibit "A" is a complete and accurate copy of said trust..
FURTHER AFFIANT SAYETH NAUGHT.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this ,,/4- day of January, 2005,
GLORIA ROSENTHAL, TI:u~~ who acknowledge~ before me that she executed the same, and who
produced a P:"t-IJ .:bRiVCl(: S J....../ c.EN~ as identific ion.
My Commission Expires:
LIC, STATE OF FLO'!!p~
77-1y () L S j c=./ '---'
[NdrARIAL SEAL)
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FIRST AMENDMENT AND RESTATEMENT TO
GLOlUA ROSENTHAL REVOCABLE TRUST AGREEMENT
THIS FIRST AMENDMENT, dated this 14th day of May, 1999, to the GLORIA
ROSENTHAL REVOCABLE TRUST AGREEMENT. dated the 19th day of May,l988, by and
between GLORIA ROSENTHAL. of Boca Raton, Florida, hereinafter called Grantor, and
GLORIA ROSENTHAL, of Boca Raton, Florida, hereinafter called Trustee.
WHEREAS, under Article ll(D) of said Trust Agreement, Grantor reserved the right to
alter, amend or revoke said Trust Agreement at any time and from time to time, either in whole
or in part.
NOW THEREFORE, in the exercise of said power, Grantor does hereby amend the said
Trust Agreement and Restate the Trust as follows:
GTantor hereby deletes Article I through Article XIII in their entirety, and inserts in lieu
thereof the following:
"ARTICLE I
The Trustee shall hold, manage and control the property comprising the trust estate, collect
the income therefrom, and shall payor apply the net income to the use of the Grantor in quarterly
or other convenient installments during her life or to such person or persons and in such
proportions as she: may from time to time direct.
I( at any time or times the Grantor is under a legal disability or by reClSOtl of illnCS$ or
mental or physical disability is in .the opinion of two physicians, both of which shall maintain a
practice in the county of Grantor's residence, unable properly to manage her affairs, the Trustee
shall use the Det income and principal as the Trustee deems best for the care. support and comfort
-1-
~
BILL T, SMlTB, JR., P.A. . 980 North Federal HlgbWIIY . Suite 402 . Boca Raton, FL 33432 . (561) 368-5757
E!E-~ lIO/EOO'd 18L-L
-no~~ ndIO:SO SO-81-NVr
of the Grantor and of any person dependent upon her, or for any other purpose the Trustee
considers to be for the Grantor's best interests, adding to principal any income not 50 used.
The Grantor may add, at any time and from time to time, property to the corpus af the
trust estate with the consent of the Trustee, and shall have the right to withdraw property at any
time and from time to time.
Unless sooner terminated as hereinafter provided, upon the death af the Grantor the trust
shall become irrevocable and shall be held, administered and distributed by the Trustee as
follows:
A. The Trustee shall distrihute the following sums outright and free of trust as
follows:
nJrl
The sum of $500,000 to the Grantor's daughter KAREN B. MILLER, if
she sltall survive the Grantor.
B. The rest, residue and remainder of the tnlst estate shall be held, administered and
distributed to Grantor's daughter KAREN B. MILLER. if she shall survive the Grantor.
C. The Trustee shall hold, administer and distribute K.AREN B. MILLER's share of
1.
the Trost Estate in accordance with the following provisions:
1. Commencing with the date of Grantor's death, Trustee shall pay and
distribute to Grantor's daughter, KAREN B. MILLER all of the net income from the Trust Estate
in convenient installments, at least quarter-annually and in addition thereto, such amounts of
corpus as the Trustee, from time to time, shall deem advisable to provide for her health,
maintenance and support taking into consideration her income from this and ather sources, but
not her capital resources.
2. Upon the fi~ (5th) anniversary of Grantor's death, Grantor's daughter,
KAREN B. MILLER, shall have the right at any time, and from time to time, to withdraw onc-
half (1/2) of the remaining principal of the Trust Estate as detennined in such year, free from'
trust or ~her limitations.
3. Upon the tenth (10th) anniversary of Grantor's death, the Grantor's
daughter, KAREN B. MILLER, shall have the right at any time, and from time to time, to
withdraw all of the remaining principal and any undistributed income remaining in the Trust
-2-
~
BaL T. SMITH, JR., P.A. . 980 North Fcdml Hi"ghwIIY . Suite 402 . Boca Raton, FL 33432 . (561) 368-5757
E!E-~ ZIO/.OO'd le!-l
~o~~ ndIO:SO SO-81-Nvr
Estate, free from trust or further limitation. Upon the filial withdrawal and distribution of the
remaining assets in such beneficiary's trust, such trust shall terminate.
D. Upon Grantor's death if Grantor's daughter s~ fail to survive Grantor or in the
event KAREN B. MILLER shall die before final distribution or withdrawal of the remaining
assets in the Trust Estate as stated above, the Trustee sball divide the principal and wdistributed
income, if any, outright and free of trust in equal shares as fonows:
1. One (1) share to Grmtor'sniece, BARBARA KAPLAN LAZAWATSKY,
if she shall survive Grantor; if she shall fail to survive Grantor, to her then
.'
living issue, per stirpes.
2. One (1) share to Grantor's nephew, PAUL KAPLAN, if he shall survive
I
Grantor; if he shall fail to survive Grantor, to his then living issue, per
stirpes. .
3. One (1) share to GrllDtor's nephew, ROBERT KAPLAN, ifbe shall survive
Grantor; if he shall fail to survive Grantor, to his then living issue, per
stirpes.
4. One (1) share to Grantor's niece, LAUREL HERMAN, if she. shall
survive Grantor; if she shall fail to survive Grantor, to her then living issue,
per stirpes.
5. One (1) share to Grantor's nephew, GARY HERMAN, if he shall
survive Grantor; ifhe shall fail to survive Grantor, to his then living issue,
per stUpes.
ARTICLE n
If any beneficiary shall be lDlder twenty-one (21) years of age at the time the principal
of any trust is required to be distributed to him under the above provisions, although his intere&t
shall immediately vest, the share of such beneficiary shall be retained in trUSt by the Trustee Wltil
he attains.'such age. During such time, the Trustee shall pay to such beneficiary or expend on
his behalf, so much of the net income derived from that partieular fund as the Trw;tee may deem
advisable to provide properly for his health, maintenance, education and support. and may
incorporate :my income not so disbursed into the principal of the fund. When each such
beneficiary shall attain the age of twenty-one (21) years, the truSt shall tenninate as to such
/:4
G.R.
BILL 1'. SMIIB, JIl., P.A. . !ISO North Federal Hilihway . Suite 402 . Boc:a Raton, FL 33432 . (561) 368-5757
-3-
ElE-~ ZIO/SOO'd lal-l
-IIOl1~ I'ldZO:SO SO-el-NYr
beneficiary and the Trustee shall distribute his fund to such beneficiary in fee, or to the estatc of
said beneficiary if such beneficiary dies before attaining the age of twenty-one (21) years.
If all of tho descendants of the Grantor shall die prior to the complete distribution
of all of the trusts herein created, excluding any trust maintained for a beneficiary to whom assets
have been distributed in fee but for whom such assets arc being held pursuant to this article
subject to such beneficiary's attaining age twenty-one (21), then upon the happening of such
event all .assets held by the Trustee shall be distributed to the collateral heirs-at-law of the
Grantor in accordance with the laws of descent and distribution then in effect in the State of
Florida, the identity of such heiIS to be determined as though the Grantor had died upon the
happening of such event.
ARTICLE m
No beneficiary of any'trust created hereunder shall have any right or power to anti.cipate,
pledge, assign, sell, transfer, alienate or encwnber his or her interest in the trust, in any way; nor
shall any such interest in any m8IlJler be liable for or subject to the debts, liabilities or obligations
of such beneficiary or claims of any sort against such beneficiary.
ARTICLE IV
During the minority or incapacity of any beneficiary to or for whom income or principal
is authorized Of directed to be paid, the Trustee may pay, transfer or assign same in anyone Of
mOfe of the following ways:
A. Directly to such beneficiary such amount as she may deem advisable as an
allowance;
B. To the guardian of the person Of of the property of such beneficiary;
C. To a relative of such beneficiary upon the agreement of such relative to expend
such income or principal solely for the benefit of the beneficiary;
D. By ,expending such income or principal directly for the health, education,
maintenauce and welfare of such beneficiary;
E. To such beneficiary's custodian under the Florida Uniform Transfers to Minors
Act.
The TlUstee shall have the power in her uncontrolled discretion to determine whether a
beneficiary is incapacitated, lIDd hef determinati<ln shall be conclusive.
-4.
4
BILL T. SMITH. JR., l.A. . 980 North Federal Hi8hway. Suite 402' Boca Raton, FL 33432 . (S61) 368-S757
ELE-= l10/90C"d 18L-l
-nOH= ndlO:SC SC-81-NVr
ARTICLE V
The Grantor expressly reserves the right, at any time and from time to time during her
life, ~y a no~ice in writing signed and aclcnowledged by her in the manner required by the laws
of the State-of Florida for the recording of a deed of real property and med with the Trustee at
least thiny (30) days prior to the effective date thereof, subject to the prior payment of the
TIUStee commissions and expenses in respect thereof:
A. To withdraw all Dr any part of the principal free and discharged of the terms and
conditions of this Agreement and of the trust hereby created; and
B. To revoke or amend this Agreement, and to alter or terminate the trusts hereby
created, provided, however, that the duties, responsibilities and rate of compensation of the
Trustee as herein provided, shall not be altered or modified by such amendment except upon the
written consent of the Trustee.
ARTICLE VI
A. Upon the death, resignation, or legal disability of Grantor, or if Grantor is unable
to properly manage her affai~s by reason of a mental or physical disability as certified by two
physicians, both of which shall maintain a regular practice in the county of the Grantor's
residence, then Grantor's daughter, KAREN B. MllLER. and ROBERT KAPLAN, shall become
Successor Co-Trustees. If any of Grantor's said Successor Trustees shall predecease Grantor or
for any reason fail to qualify as Trustee hereunder (or having qualified, shall die or resign), then
in such event, the survivor thereof shall act as Txustee and in such capacity shan possess and
exercise all powers and authority herein conferred on the Trustees jointly. The Trustees, or
Trustee, whichever the case may be, shall not be required to post bond.
B. The Grantor, Trustee or her Successors, deemed incapacitated under Paragraph
(A) of this Article shall be deemed rehabilitated when he or she is no lODger under a legal
disability or when, in the written opinion of two physicians, both of which shall maintain a
practice in the CO\D1ty of Grantor's residence, he or she is able to properly m~ge his or her
affairs.
Upon rehabilitation, that individual shall resume the duties and powers he or she had prior
to incapacity and his or her successors shall relinquish all powers and be relieved of all duties.
.5.
~
BJU. T. S~ Jll., P,A, . 980 North Federal Hilhway , Suite 402 . Boca RatoD, FL 33432 . (S61) 368-S757
ARTlCLEVll
G1'antor. hereby grants to the Trustees of the trust established hereunder the continuing,
absol~te, disc,retionary power to deal with any property, real or personal, held in any trUst, lIS
freely as Orintor might in the handling of Grantor's own affaiJs. Such power may be exercised
independendy and without the prior or subsequent approval of any court or judicial authority, and
no person dealing with the Trustees shall be required to inquire into the propriety of any of the
Trustee's actions. Without in any way limiting the generality of the foregoing, Grantor hereby
grants to any TtIlStee hereund.et all powers granted under Florida law, including the power to sell
or otherwise deal with real property and in addition thereto, and not in substimtion thereof; the
following:
A. To compromise, settle or adjust any claim or demand by or against any trust and
to agree to any rescission or modification of any contract .or agreement.
B. To sell, exchange, assign, transfer and convey any security or property, real or
personal, held in any trUSt fund, at public or private sale, at such time and price and upon such
terms and conditions (including credit) as the Trustees may determine.
.
C. To invest and reinvest in such stocks, bonds and other securities and properties as
the Trustees may deem advisable.
D. To register and CaIIy any property in the Trustees' own name or in the name of
a nominee or to hold it unregistered, but without thereby increasing or decreasing the Trustees'
liability as fiduciary.
E. To make any election available to Grantor's estate, whenever in the Trustees' sole
discretion the Trustees detennine that it is advisable to do so, including witbout limitation the
election of an alternate valuation date, the election of the special use method of valuation, the
deduction for income tax purposes of any expense of Grantor's estate, the election of the method
of payment under any plan, policy or contract, and tho allocation of any generation skipping tax
exemption available to Grantor at Grantor's death to property passing under this trust or
otherwise. Any decision regarding any such election or allocation, if made in good fnith, shall
be binding and conclusive on all concerned irrespective of the effect on the amount or allocation
of the burden of any tax. Compensating adjustments as between income and principal or as
between beneficiaries may be made in the Trustee's discretion but shall not be required.
-6-
4
BILL T. SMml. JR., loA. . 980 Nonh FlldeIlllHighway. Suite 402 . Boca Raton, FL 33432' (561) 368-5757
ARTICI.E VIII
As used in this Trust Agreement, the singular shall include the plural, the plural the
singular, and the use of any gender shaU include all genders.
ARTICLE IX:
lbis Agreement shall be construed and regulated in all rc:spects by the laws of the State
of Florida.
IN WITNESS WHEREOF, GLORIA ROSENTHAL has signed this Instrument as Grantor,
and GLORIA ROSENTHAL has signed this Instrument as Trustees, to evidence her llCCCPtance
of the First Amendment and Restatement to Revocable Trust Agreement.
Signed, sealed and delivered
in the presence of:
GLORIA ROSENTHAL, Grantor
5T ATE OF FLORIDA
COUNTY OF PALM BEACH
WE, GLORIA ROSENTHAL, BILL T. SMITH, JR, and
WILLIAM J. RINALDO, the Grantor and the witnesses, respectively, whose names are
signed to'the attached or foregoing instrument, being first duly sworn, do hereby declare to
the undersigned officer that the Grantor signed the instrument as her First Amendment and
Restatement to Revocable Trust Agreement, that she signed, and that each of the witnesses, in
the presence of the Grantor, at her request, and in the presence of eaeb other, signed the First
Amendment and Restatement to Revocable Trust Agreement as a witness.
~
G.R.
BILL T. SMlTB, JR., P.A. . 980 North Federal Highway' Suite 402 . Boca RatOD, FL 33432 . (561) 368.5757
~7~
ElE~ ZIO/800"d 18l-l
-nOH~ nJEO:SO SO~81.NYr
~~~
GLORIA ROSENTHAL, Grantor'
SUBSCRIBED, acknQwlcdged and swom to before me by GLORIA ROSENTHAL,
~IT.~. 'I' l':MT'l'R, .T~ and WILLIAM J. RINALDO ,the Grantor and the witnesses, on
the ~ day of ~,1999. GLOlUA ROSENTHAL is personally known
to me or has produced ~ as identification. BILL T, SMITH, JR. is
personally knOWD to me or has produced JJ I JQ as identifioation.
WILLIAM J. RINALDO is personally known to me or has produced Mtt- as
identification.
~~
No ary Public
My Commission Expires:
My Commission Number is:
;t
G.R. .
BILl. T. SMITH, ill., loA. . 980 North Federal Highway. Suit. 402 . Doca'Raton, FL 33432 . (S61) 368-S7S7
-8.
ElE-~ ZIO/OIO'd 18l-!
-nOH~ ndEO:SO SO-81-NVr
..
ACCEPTANCE BY TRUSTEES
The undersigned hereby accepts the Trust imposed by the foregoing First Amendment and
Restatement to Revocable Trust Agreement, and agree to serve as Trustees upon the terms and
conditions therein set forth.
WITNESSES:
~ ,/}.a.uLd
IGLORIA ROSENTHAL, Trustee:
STATE OF FLORIDA
COUNTY OF PALM BEACH
~;ng """"'""" w.. _1<dg<d bd'= me tIrls ~ """ of
, 1999, by GLORIA ROSENTHAL who is personally known to
me or has produced tJ \~ as identification.
~.
My Commission Expires:
My Commission Number is:
~
G.R
BILL T. 5Ml'J11, JR., P.A. . 980 North Federal Hig'hwlIY . Suite 402 . Bllea katClll, FL 33432 . (561) 368-5757
-9-
ELH llO/llOd UL-.l
-I'IOH:l I1dVO:SO SO-81-NYr
SCHEDULE A
Being a description of property deposited by GLORIA ROSENTHAL, as Grantor, with
GLORIA ROSENTHAL, e.s Trustee, under a certain TNSt Agreement, dated the 14th
day of Mav , 1999.
Cash in the amount ofSlO.OO
L ./!,,;rL~L
I GLORIA ROSENTHAL, Grantor
~
-10-
~
BILL 'I, SMlTB, .lL, P.A. . 980 North FedIIl'&1 Highway. 8uib! 402 ' Boc;ll Raton, FL 33432 . (561) 368-5757
E!E~ ZIO/Z10"d II!-!
-nou nd~O:SO SO-II-NYr
\
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..
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 04-10744 CA 31
GLORIA RjENTHAL,
Plaintiff( s),
vs.
CITY OF MIAMI BEACH,
Defendant( s),
/
C, n.
~
ORDER OF DISMISSAL
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THIS CAUSE having been stipulated and settled by the attorney for ~PlaifRiff~n
October 15, 2004, and the Court being otherwise fully advised in the premises, it is ~: ~ ~ :.,
o - ....)
r. N ':
ORDERED and ADJUDGED that the above styled case is heqi>y DiSMISSED
with prejudice. This Court retained jurisdiction to enforce the settlement agreement.
DONE and ORDERED at Miami, Dade C
; Florida, on October 25, 2004.
Copies furnished to:
Joshua M. Entin, Esq.
Rhonda Montoya Hasan, Esq.
n;'... a. 1..-...;L
ente'Urr COUPn' JUOGat
FINAL ORDER AS TO ALL PARTIES
SRS DISPOSITION / "'?
NUMBER (~
Book 22795 Page 4923 Total Pages 1
CFN # 20040979606 Case # 04-010744-CA-01
Rec. Date 11/04/2004 Ricky1
CITY OF MIAMI BEACH
555 17th Street. Miami Beach, Fl33139
hUn:' \ci.miami-beach fl us
Neighborhood Services Department
Code Compliance Division
Telephone (305) 673-7555
Facsimile (305) 673-7012
CERTIFICATE CANCELLING FINAL ORDER
NOTICE OF VIOLATIONS
MIAMI BEACH PROPERTY MAINTENANCE STANDARDS ORDINANCE
STATE OF FLORIDA
COUNTY OF DADE
THIS IS TO CERTIFY that previously cited violations of the Property Maintenance Standards
established by the provisions of the City Code of Miami Beach, has been satisfactorily corrected as of this
date at the following property, to wit;
LEGAL DESCRIPTION; ALTON BEACH REALTY CO AMD PL PB 9-146 LOT 10 BLK 13
STREET ADDRESS: 1833 BAY ROAD
The Clerk of the Circuit Court is directed to cancel and discharge of record the Final Order. dated
JANUARY 27th. 1997 and recorded in Official Records Book 17536 Page 2511 relating to the above
described property.
DATED at Miami Beach, Dade County. Florida, this 24th, day of JANUARY, 2005.
Sworn to and subscribed before me
this ,;;. 'f1'1 day of !)ll/n.tIa-<---l 2005
2k(
?J1 f/'d:pch",,- 7?7 _"7..C~
NI E PYE
ODE OMPLlANCE ADMINISTRATOR
.5 17TH STREET
MIAMI BEACH, FLORIDA 33139
(305) 673-7555
MERCEDES M. GARCIA
,.. MY COMMISSION # DO 221724
: · EXPIRES: June 10.2007
. Il<lndodThluNolaJy~lJndorwril8lS
CASE # 47814-PM
0';"-10-07
SUBSTITUTE FORM 1099-S COPY B
FILER'S name. street address, city, state, ZIP code, and telephone no.
JOEL N. MINSKER. ESQ.
BLOOM & MINSKER, P.L.
I I 10 BRICKELL AVENUE
7th FLOOR
MIAMI,FL 33131-3107
FILER'S Federal identification number
TRANSFEROR'S identification number
65-0767880
267-30-2195
TRANSFEROR'S name
Gloria Rosenthal. Trustee of the Gloria Rosenthal
Revocable Trust u/aldtd 5/14/99
Street address (including apt. no.)
1310 Royal Palm Way
City, state, and ZIP code
Boca Raton. FL 33432
Account or escrow number (see instructions)
97052.12
Form 1099-S
[ ] CORRECTED (if checked)
I Date of closing OMB No. 1545-0997
1/31/2005
Proceeds From Real
Estate Transactions
2 Gross proceeds
2005
$1,080,000.00
Form 1099-S
3 Address or legal description
Copy B
For Transferor
This is important tax
information and is
being furnished to the
Internal Revenue
Service. If you are
required to file a
return, a negligence
penalty or other
sanction may be
imposed on you if this
itern is required to be
reported and the IRS
detennines that it has
not been orted.
Department of the Treasury - Internal Revenue Service
1833 Bay Road Miami Beach, FL 33] 39
4 Transferor received or will receive property or services
as part of the consideration (if checked) -> [ I
5 Buyer's part of real estate tax
$0.00
Instructions for Transferor
(Keep for your records.)
For sales or exchanges of certain real estate. the person responsible
for closing a real estate transaction must report the real estate
proceeds to the Internal Revenue Service and must furnish this
statement to you. To detennine if you have to report the sale or
exchange'ofyour main home on your tax return, see the instructions
for Schedule D (Form 1040), Capital Gains and Losses. If the real
estate was not your main home, report the transaction on Form
4797. Sales of Business Property, Form 6252, Installment Sale
Income, and/or Schedule D (Form 1040).
Federal mortgage subsidy. You may have to recapture (pay back) all or
part of a. federal mortgage subsidy if all the following apply:
. You received a loan provided from the proceeds of a qualified
mortgage bond or you received a mortgage credit certificate,
. Your original mortgage loan was provided after 1990, and
. You sold or disposed of your home at a gain during the first 9
years after you received the federal mortgage subsidy.
This will increase your tax. See Form 8828, Recapture of Federal
Mortgage Subsidy. and Pub. 523, Selling Your Home,
Account number. May show an account or other unique number
the payer assigned to distinguish your account
Box I. Sbows the date of closing.
Box 2. Shows the gross proceeds from a real estate transaction,
generally the sales price. Gross proceeds include cash and notes payable
to you. notes assumed by the transferee (buyer). and any notes paid off
at settlement. Box 2 does not include the value of other property or
services you received or are to receive. See Box 4.
Box 3. Shows the address or a legal description of the property
transferred,
Box 4. If marked, shows that you received or will receive services
or property (other than cash or notes) as part of the consideration for
the property transferred, The value of any services or property (other
than casb or notes) is not included in box 2.
Box 5. Shows certain real estate tax on a residence charged to the buyer
at settlement. If you have already paid the real estate tax for the period
that includes the sale date, subtract the amount in box 5 from the amount
already paid to determine your deductible real estate tax. But if you have
already deducted the real estate tax in a prior year, generally report this
amount as income on the "Other income" line of Form 1040. For
more information, see Pub, 523, Pub, 525. and Pub, 530,
YOU ARE REQUIRED BY LAW to provide your correct taxpayer name and identification number for the transaction
described above to: JOEL N. MINSKER, ESQ.
BLOOM & MINSKER, P.L.
If you do not provide your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed
bylaw.
UNDER THE PENALTIES OF PERJURY, I certify that the above infonnation, including my taxpayer identification
number, is correct, and that I have received a copy of this statement.
File #: 97052.12
Gloria Rosenthal, Trustee of the Gloria Rosenthal
Revoca Trust u/aldtd 51)199
B:' . /~~
Glotia Rosenthal, Trustee