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HomeMy WebLinkAbout4-32-22CRY OF SffoASTJ— --_-AN HOME OF PELICAN ISLAND Inherited Burial rights in the Sebastian Municipal Cemetery (Arthur C. Vogel & James A. Vogel Name 1a99 kAo-<V InL :EPr 501: s8' ZjjarIE5 _Ad,SI 0 V, NIL.L LAre CkblD 0C ^.$58 Acne,6.�I �g28 1100 2836 Iq 1 132 unit — Block Lots are intended for interment of the following individuals: \Please print name(s): ` / �A,n r�. V a p to-he cL_Interment lots/niches are not to be transferred without written approval City of Sebastian. Interment lots/niches in the Sebastian Municipal Cemetery are allowed to be passed on to heirs but the City requires a certified copy of relevant probate or other court documents. I hav6re an understand tpe t?rms of this agreement. . �a7Zo Si ature Vate bscdbed and sworn to before me this � / day of �u.Orq � by ae-+ ciarn2b vt)C(A who is personally known to me, a or has produced G7 �y� as identification. Not,, Publ� tate of Florida „�u���t�^,n,,,,,, MY COMMISSION EXPIRES &iS2029 DURABLE POWER OF ATTORNEY I, MARY E. VOGEL, my address being 1313 Scroll Street, Sebastian, Florida 32958, make, constitute and appoint my sons, ARTHUR C. VOGEL and JAMES A. VOGEL, as my attorney in fact and agents (hereinafter referred to as "agent"). When multiple agents are serving under this power of attorney, then each such agent may act alone without the other agent or agents joining together. Furthermore, when multiple agents are named or serving hereunder and any one or more, but not all, die, become legally disabled, resign, or refuse to act, then the remaining agent or agents, as the case may be, shall be appointed or continue to serve in such capacity. ARTICLE I I hereby give and grant unto my said agent full power and- authority to act for me in any lawful way with respect to the powers enumerated in Article II, and to the powers which I have initialed in Article III, of this durable power of attorney. ARTICLE II My agent is authorized to act for me in my name, place and stead and may exercise any or all of the powers contained in this Article II. 2.1 Banking and Other Financial Institution Transactions. With regard to banking and other financial institution transactions, my agent shall have the authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes. In addition, my agent is authorized to enter into an existing safe-deposit box, may deposit items or withdraw items therefrom, and may also terminate the contract for such safe-deposit box. 2.2 Investment Transactions. With regard to stock and bond transactions, my agent shall have the authority to conduct investment transactions as provided in section 709.2208(2), Florida Statutes. 2.3 Real Property Transactions. With regard to real property transactions, my agent may exercise all of the following powers with regard to any real property I own: (1) convey or mortgage homestead property; (2) accept as a gift or as security for a loan or reject, demand, buy, lease, receive, or otherwise acquire an interest in real property or a right incident to real property; (3) sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition, consent to partitioning, subdivide, apply for zoning, rezoning, or other governmental permits, plat or consent to platting, develop, grant options concerning, lease or sublet, or otherwise dispose of an estate or interest in real property or a right incident to real property; (4) release, assign, satisfy, and enforce by litigation, action, or otherwise a mortgage, deed of trust, encumbrance, lien, or other claim to real property that exists or is claimed to exist; (5) do any act of management or of conservation with respect to an interest in real property, or a right incident to real property, owned or claimed to be owned by me, including power to insure against a casualty, liability, or loss; obtain or regain possession or protect the interest or right by litigation, action, or otherwise; pay, compromise, or contest taxes or assessments or apply for and receive refunds in connection with them; and purchase supplies, hire assistance or labor, or make repairs or alterations in the real property; (6) use, develop, alter, replace, remove, erect, or install structures or other improvements on real property in which I have or claim to have an estate, interest, or right; (7) participate in a reorganization with respect to real property or a legal entity that owns an interest in or right incident to real property, receive and hold shares of stock or obligations received in a plan or reorganization, and act with respect to the shares or obligations, including selling or otherwise disposing of the shares or obligations; exercising or selling an option, conversion, or similar right with respect to the shares or obligations; and voting the shares or obligations in person or by proxy; (8) change the form of title of an interest in or right incident to real property; and (9) dedicate easements or other real property in which I have or claim to have an interest to public use, with or without consideration. 2.4 Tangible Personal Property Transactions. With regard to tangible personal property transactions, my agent may exercise all of the following powers: (1) accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible personal property or an interest in tangible personal property; (2) sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber, pledge, hypothecate, create a security interest in, pawn, grant options concerning, lease or sublet to others, or otherwise dispose of tangible personal property or an interest in tangible personal property; (3) release, assign, satisfy, or enforce by litigation, action, or otherwise a mortgage, security interest, encumbrance, lien, or other claim on my behalf, with respect to tangible personal property or an interest in tangible personal property; and (4) do an act of management or conservation with respect to tangible personal property or an interest in tangible personal property on my behalf, including insuring against casualty, liability, or loss; obtaining or regaining possession or protecting the property or interest by litigation, action, or otherwise; paying, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; moving from place to place; storing for hire or on a gratuitous bailment; and using, altering, and making repairs or alterations. 2.5 Business Operation Transactions. With regard to business operation transactions, my agent may exercise all of the following powers: (1) operate, buy, sell, enlarge, reduce, or terminate a business interest; (2) to the extent that my agent is permitted by law, to perform a duty or discharge a liability or exercise a right, power, privilege, or option that I have, may have, or claim to have under a partnership agreement, whether or not I am a general or limited partner; (3) to the extent that my agent is permitted by law, to enforce the terms of a partnership agreement by litigation, action, or otherwise; (4) to the extent that my agent is permitted by law, to defend, submit to arbitration, settle, or compromise litigation or an action to which I am a party because of membership in the partnership; (5) exercise in person or by proxy or enforce by litigation, action, or otherwise a right, power, privilege, or option I have or claim to have as the holder of a bond, share, or other instrument of similar character and defend, submit to arbitration, settle, or compromise a legal proceeding to which I am a party because of a bond, share, or similar instrument; (6) with respect to any business owned solely by me, 2 continue, modify, renegotiate, extend, and terminate a contract made with any individual or legal entity, firm, association, or corporation by or on my behalf with respect to the business before execution of the power of attorney; (7) with respect to any business owned solely by me, to determine the location of its operation; the nature and extent of its business; the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation; the amount and types of insurance carried; and the mode of engaging, compensating, and dealing with its accountants, attorneys, and other agents and employees; (8) with respect to any business owned solely by me, to change the name or form of organization under which the business is operated and enter into a partnership agreement with other persons or organize a corporation to take over all or part of the operation of the business; (9) with respect to any business owned solely by me, to demand and receive money due or claimed by me or on my behalf in the operation of the business and control and disburse the money in the operation of the business; (10) put additional capital into a business in which I have an interest; (11) join in a plan of reorganization, consolidation, or merger of the business; (12) sell or liquidate a business or part of it at the time and on the terms that my agent considers desirable; (13) establish the value of a business under a buy-out agreement to which I am a party; (14) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to a business that are required by a governmental agency, department, or instrumentality or that my agent considers desirable and make related payments; and (15) pay, compromise, or contest taxes or assessments and do any other act that my agent considers desirable to protect me from illegal or unnecessary taxation, fines, penalties, or assessments with respect to a business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney. 2.6 Insurance Transactions. With regard to insurance transactions, my agent may exercise all of the following powers: (1) continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on my behalf that insures or provides an annuity to either me or another person, whether or not I am a beneficiary under the contract; (2) procure new, different, or additional contracts of insurance and annuities for me or my children, and other dependents and select the amount, type of insurance or annuity, and mode of payment; (3) pay the premium or assessment on or modify, rescind, release, or terminate a contract of insurance or annuity procured by my agent; (4) apply for and receive a loan on the security of the contract of insurance or annuity; (5) surrender and receive the cash surrender value of a contract of insurance or annuity; (6) exercise an election; (7) change the manner of paying premiums; (8) change or convert the type of insurance contract or annuity with respect to which I have or claim to have a power described in this section; (9) apply for and procure government aid to guarantee or pay premiums of a contract of insurance on my life; (10) collect, sell, assign, hypothecate, borrow on, or pledge my interest in a contract of insurance or annuity; and (11) pay from proceeds or otherwise, compromise or contest, or apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing because of the tax or assessment. 2.7 Estate, Trust, and Other Beneficiary Transactions. With regard to estate, trust, and other beneficiary transactions, my agent may act for me in all matters that affect a trust, 3 probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which I am, may become, or claim to be entitled, as a beneficiary, to a share or payment, including to: (1) accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent to a reduction in or modification of a share in or payment from the fund; (2) demand or obtain by litigation, action, or otherwise money or any other thing of value to which I am, may become, or claim to be entitled because of the fund; (3) initiate, participate in, or oppose a legal or judicial proceeding to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting my interest; (4) initiate, participate in, or oppose a legal or judicial proceeding to remove, substitute, or surcharge a fiduciary; (5) conserve, invest, disburse, or use anything received for an authorized purpose; and (6) transfer all or part of my interest in real property, stocks, bonds, accounts with financial institutions, insurance, and other property to the trustee of a revocable trust created by me as settlor. 2.8 Claims and Litigation. With regard to claims and litigation, my agent has the power to: (1) assert and prosecute before a court or administrative agency a claim, a claim for relief, a counterclaim, or an offset or defend against an individual, a legal entity, or a government, including suits to recover property or other thing of value, to recover damages sustained by me, to eliminate or modify tax liability, or to seek an injunction, specific performance, or other relief; (2) bring an action to determine adverse claims, intervene in an action or litigation, and act as amicus curiae; (3) in connection with an action or litigation, procure an attachment, garnishment, libel, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree; (4) in connection with an action or litigation, perform any lawful act I could perform, including acceptance of tender, offer of judgment, admission of facts, submission of a controversy on an agreed statement of facts, consent to examination before trial, and binding of me in litigation; (5) submit to arbitration, settle, and propose or accept a compromise with respect to a claim or litigation; (6) waive the issuance and service of process on me, accept service of process, appear for me, designate persons on whom process directed to me may be served, execute and file or deliver stipulations on my behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, or receive and execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation; (7) act for me with respect to bankruptcy or insolvency proceedings, whether voluntary or involuntary, concerning me or some other person, with respect to a reorganization proceeding or a receivership or application for the appointment of a receiver or trustee that affects my interest in real or personal property or other thing of value; and (8) pay a judgment against me or a settlement made in connection with a claim or litigation and receive and conserve money or other thing of value paid in settlement of or as proceeds of a claim or litigation. 2.9 Personal and Family Maintenance. With regard to personal and family maintenance, my agent may exercise all of the following powers: (1) perform the acts necessary to maintain the customary standard of living of me and my children, and other individuals customarily or. legally entitled to be supported by me, including providing living quarters by 4 purchase, lease, or other contract, or paying the operating costs, including interest, amortization payments, repairs, and taxes on premises owned by me and occupied by those individuals; (2) provide for the individuals described by Subsection (1) of this section normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, and other current living costs; (3) pay necessary medical, dental, and surgical care, hospitalization, and custodial care for the individuals described by Subsection (1) of this section; (4) continue any provision made by me for the individuals described by Subsection (1) of this section, for automobiles or other means of transportation, including registering, licensing, insuring, and replacing the automobiles or other means of transportation; (5) maintain or open charge accounts for the convenience of the individuals described by Subsection (1) of this section and open new accounts that my agent considers desirable to accomplish a lawful purpose; and (6) continue payments incidental to my membership or affiliation in a church, club, society, order, or other organization or to continue contributions to those organizations. 2.10 Benefits From Certain Governmental Programs or Civil or Military Service. With regard to benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service, my agent has the power to: (1) execute vouchers in my name for allowances and reimbursements payable by the United States, a foreign government, or a state or subdivision of a state to me, including allowances and reimbursements for transportation of the individuals described by Section 2.09(1) of this durable power of attorney, and for shipment of their household effects; (2) take possession and order the removal and shipment of my property from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose; (3) prepare, file, and prosecute a claim to a benefit or assistance, financial or otherwise, to which I claim to be entitled under a statute or governmental regulation; (4) prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to any benefits I may be entitled to receive; and (5) receive the financial proceeds of a claim of the type described in this Section 2.10 of this durable power of attorney and conserve, invest, disburse, or use anything received for a lawful purpose. 2.11 Retirement Plan Transactions. With regard to retirement plan transactions, my agent may exercise all of the following powers: (1) apply for service or disability retirement benefits; (2) select payment options under any retirement plan in which I participate, including plans for self-employed individuals; (3) make voluntary contributions to retirement plans if authorized by the plan; (4) exercise the investment powers available under any self -directed retirement plan; (5) make "rollovers" of plan benefits into other retirement plans; (6) borrow from, sell assets to, and purchase assets from retirement plans if authorized by the plan; (7) waive my right to be a beneficiary of a joint or survivor annuity if I am an unemployed spouse; (8) receive, endorse, and cash payments from a retirement plan; (9) waive my right to receive all or a portion of benefits payable by a retirement plan; and (10) request and receive information relating to me and my retirement plan records. 5 2.12 Tax Matters. With regard to tax matters, my agent may exercise all of the following powers: (1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax -related documents, including receipts, offers, waivers, consents, including consents and agreements under Section 2032A of the Internal Revenue Code of 1986, as amended, (the "Code"), closing agreements, and any power of attorney form required by the Internal Revenue Service or other taxing authority with respect to a tax year on which the statute of limitations has not run and 25 tax years following that tax year; (2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority; (3) exercise any election available to me under federal, state, local, or foreign tax law; (4) act for me in all tax matters for all periods before the Internal Revenue Service and any other taxing authority; and (5) represent me, and appoint an agent or agents to represent me, before the Internal Revenue Service or any State or other taxing authority by completing, signing, and submitting IRS Form 2848 or any other governmental form. 2.13 Digital Assets. With regard to digital assets, my agent may exercise all of the following powers: access, control, use, cancel, deactivate, or delete my digital accounts and digital assets, and access, control, use, deactivate, or dispose of my digital devices. "Digital accounts" are electronic systems for creating, generating, sending, sharing, communicating,, receiving, storing, displaying, or processing information which provides access to a digital asset which is stored on any type of digital device, regardless of the ownership of the digital device upon which the digital asset is stored. "Digital assets" mean data, files, teat messages, emails, documents, audio, video, images, sounds, social media content, social networking content, apps. codes, health care records, health insurance records, credit card points, travel -related miles and points, computer source codes, computer programs, software, software licenses, databases, or the like, including access credential such as usernames, passwords and answers to secret questions. which are created, generated, sent, communicated, shared, received, or stored by electronic means on a digital device. "Digital devices" are electronic devices that can create, generate, send, share, communicate, receive, store, display, or process information. 2.14 Existing and Foreign Interests. The powers described in Article II of this durable power of attorney may be exercised equally with respect to an interest I have at the time this durable power of attorney is executed or an interest which I acquire later, whether or not the interest is located in Florida and whether or not the powers are exercised or the durable power of attorney is executed in Florida. 0 ARTICLE III My agent is authorized to perform the following specific acts for me if I have initialed the specific authority listed below: Initial: Yes No Power to Make Gifts. I grant to my agent the power to make gifts of any of my rn property to or to pay amounts on behalf of (including transfers which are made outright, in trust or otherwise) any one or more of my descendants (including my agent, if my agent is a descendant of mine) or to any charitable organization to which deductible gifts may be made under the income and gift tax provisions of the Code. Such gifts or amounts paid to my descendants shall include those which are excludible under Section 2503(b) or Section 2503(e) of the Code or those to which the split gift provisions of Section 2513 of the Code are expected to apply. Nothing herein shall be construed to require any court action whatsoever prior to making such gifts, nor to restrict such gifts to a situation in which it must be determined that I will remain incapacitated for the remainder of my lifetime. Notwithstanding the foregoing, the gifts made by a person who is serving as my agent under this durable power of attorney to himself or herself shall not exceed in the aggregate for any calendar year the greater of five thousand dollars ($5,000) or five percent (5%) of the fair market value of my estate (for U.S. gift tax purposes) as of December 31 st of such calendar year; provided, however, if my agent is making gifts authorized by the following paragraph of this durable power of attorney in order to obtain or maintain eligibility for public health care benefits, then these limitations shall not apply. Yes No Power to Make Gifts to Qualify for Public Benefits. If my agent in my agent's sole discretion has determined that I need nursing home or other long-term medical care and that I will receive proper medical care whether I privately pay for such care or if I am a recipient of Title XIX (Medicaid) or other public benefits, then my agent shall have the power: (1) to take any and all steps necessary, in my agent's judgment, to obtain and maintain my eligibility for any and all public benefits and entitlement programs, including, if necessary, creating and funding a qualified income trust or special needs trust for me or a disabled child, if any; (2) to transfer with or without consideration my assets to my descendants (if any), or to my natural heirs at law or to the persons named as beneficiaries under my last will and testament or a revocable living trust which I may have established, including my agent; and (3) to enter into a personal services contract for my benefit, including entering into such contract with my agent, and even if doing so may be considered self -dealing. Such public benefits and entitlement programs shall include, but are not limited to, Social Security, Supplemental Security Income, Medicare, Medicaid and Veterans benefits. 7 Yes No Create an Intervivos Trust. I grant to my agent the power to create for me one or more revocable trusts (referred to as a "grantor trust") of which I am an income beneficiary and with such person or persons as my agent shall select as the trustee or co -trustees (including my agent or any corporate trustee having at the time of its appointment assets beneficially owned by others under its management with a value in excess of $100,000,000), without bond or other security, and with such other terms and provisions as my agent shall deem appropriate, including, but not limited to, provisions to minimize or eliminate any death or transfer taxes which may be imposed on my estate, any grantor trust, any beneficiary of my estate or any beneficiary of any grantor trust, and to grant to the trustee or co -trustees of any grantor trust any one or more of the powers granted to a trustee under the governing law of the trust; provided, however, such trust agreement shall provide that I retain the power to revoke any such grantor trust, in whole or in part at any time, or that I have a general power of appointment over the assets of such grantor trust; and further provided that at my death the assets of any such grantor trust which are treated as owned by me shall pass in a manner which is consistent with any existing estate plan which I may have previously instituted, including dispositions of my property by will, trust, beneficiary designation, or otherwise, and including the apportionment of taxes and other expenses, or if there is no person named in such grantor trust to whom such assets shall pass, then such assets shall be delivered to the personal representative of my estate. It is not my intention in granting the power enumerated in this paragraph to allow my agent to change in any way the persons who will be receiving the property of my estate or the overall scheme of my estate plan; rather, I am attempting to facilitate my agent's ability to save taxes or otherwise reduce the costs of administering my estate. Yes o Amend, Modify, Revoke, or Terminate a Trust Created by or on Behalf of Me. If I have already established a grantor trust, or if my agent creates a grantor trust for me, my agent shall have the power to amend or modify such grantor trust in a manner which is consistent with the provisions contained herein; and in addition, any such grantor trust created by me or by my agent may be revoked by my agent as long as such revocation results in a disposition of my estate which is consistent with my existing estate plan. Further, my agent shall have the power to transfer all or part of the interest I may own in any real property, stocks, bonds, accounts with financial institutions, insurance, and other property to the trustee of such grantor trust. Yes No Create or Change Rights of Survivorship. My agent shall have the power to create, change, or terminate any ownership arrangement, including bank and brokerage accounts, in which I am a joint tenant owning an interest with one or more other persons with rights of survivorship. 8 es No Create or Change a Beneficiary Designation. My agent may create, designate, v or change the beneficiary of a contract procured by or on my behalf that insures or provides an annuity payable either to me or to another person, whether or not I am a beneficiary under the contract, except that my agent may be named a beneficiary of the contract or an extension, renewal, or substitute for the contract only to the extent my agent was named as a beneficiary under a contract procured by me before executing this power of attorney. Further, my agent may similarly designate or change the beneficiary or benefits payable by a retirement plan, except that my agent may be named a beneficiary only to the extent my agent was a named beneficiary under the retirement plan before this power of attorney was executed. Yes No Waive My Right to be a Beneficiary of Joint and Survivor Annuity, V Including a Survivor Benefit Under a Retirement Plan. My agent shall have the power to waive my right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan. This waiver right shall apply to an annuity or retirement plan which is owned by me, in which I am a participant, or in which I am a beneficiary. DesNo Disclaim Property and Powers of Appointment. My agent shall have the power hl / to disclaim any property, including a power of appointment, and also including V any legacy, bequest, devise, gift, or other property interest or payment due or payable to me. ARTICLE IV Notwithstanding any provision herein to the contrary, any authority granted to my agent shall be limited so as to prevent this durable power of attorney from causing my agent to be taxed on my income and from causing my assets to be subject to a general power of appointment by my agent, as that term is defined in Section 2041 of the Code. ARTICLE V Any act or thing lawfully done hereunder by my said agent shall be binding on myself and my heirs, legal and personal representatives, and assigns, provided, however, that all business transacted hereunder for me or for my account shall be transacted in my name, and that all endorsements and instruments executed by my said agent for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my said agent and the designation "Agent." ARTICLE VI Any third party may transact any matter with my agent in the same manner and to the same extent as the third party would transact such matter with me. Third parties who act in reliance upon the representations of my agent shall be held harmless by me, my estate, the E beneficiaries of my estate, or joint owners of property from any loss suffered or liability incurred as a result of actions taken prior to receipt of written notice of revocation, suspension, notice of a petition to determine incapacity, partial or complete termination, or my death. Any third party may rely upon a copy of this durable power of attorney certified by my agent to be a true copy of the original hereof, as fully as if such third party had received an original of this durable power of attorney. ARTICLE VII My agent shall not be liable for any acts or decisions made in good faith and in conformity with the powers enumerated in this durable power of attorney. However, my agent shall not be relieved from liability for breach of duty committed dishonestly, with improper motive, or with reckless indifference to me or the purposes of this durable power of attorney. ARTICLE VIII My agent shall have the power to pay a reasonable fee from my estate to each agent who is a qualified agent as defined in Section 709.2112(4), Florida Statutes as compensation for services rendered under this durable power of attorney in an amount which does not exceed the customary and prevailing charges for services of a similar character at the time and place such services are performed. My agent shall also be entitled to reimbursement of expenses reasonably incurred on my behalf. ARTICLE IX I hereby revoke all prior Florida general powers of attorney executed by me. However, I do not hereby revoke any powers of attorney I have previously executed for a limited or specific purpose, or powers of attorney I have executed as part of a contract for management of any bank or brokerage account. If I desire to revoke any such prior limited or specific power of attorney, I will execute a revocation specifically referring to the power of attorney to be revoked. ARTICLE X This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes. This durable power of attorney shall terminate by one or more of the following circumstances: (1) My death; (2) The death or deaths of all agents named in the first paragraph of this durable power of attorney; or (3) The occurrence of an event described in Section 709.2109, Florida Statutes. 10 Signed on -Lkvve-- `7 , 2018. �7a-✓ (%d MARY E. AGEL, Principal WITNESSES (both of whom are 18 years of age or older): Antoinette J. DiPasqua, tness /6" Carol R. Voller, Witness THE STATE OF FLORIDA § COUNTY OF INDIAN RIVER § The foregoing instrument was acknowledged before me on, -Tu,n e —( 2018, by MARY E. VOGEL, who produced a driver's license issued by Florida that contained his/her photograph and signature as identification, and by Antoinette J. DiPasqua and Carol R. Voller, witnesses. ��V,k 22. 202 lotaq Public, State of Florida o #GG1966941pt�e s printed name: Ora . *!Ough V8LI 11 Name�Y1���/ I__/Unit , Block 0� �2. Lot Date of Mark -out l 2,6 Date of Burial ` �.. "' 2 Name of Furneral Home Authorized by Cre�`RS State of Florida, Department of Health, Bureau of Vital Statistics -- BURIAL TRANSIT PERMIT HEALTH DATE PRINTED: May 19, 2025 TRACKING NUMBER: 2025093012 1. DECEDENT INFORMATION Name of Deceased Date of Death MARY ELLEN VOGEL May 14, 2025 Place of Death -County City, Town or Location Name of facility, or street address if not a facility BREVARD ROCKLEDGE VITAS INPATIENT HOSPICE CENTER Name and Address of Funeral Home/Direct Disposal Establishment Fla. Lic. No./Reg. No. Phone Number STRUNK FUNERAL HOME- SEBASTIAN F041870 F041870 (772) 589-1000 1623 N CENTRAL AVE SEBASTIAN, FLORIDA, 32958 Funeral Director/Direct Disposer Fla. Lic. No./Reg. No. MARY A. KOPCHAK F486444 Medical Verification Statement Staff at the certifying physician's office, was contacted on 05/14/2026 by the funeral director listed above; he/she indicated that FREDERICK C PETERSON, certifying physician, will complete and sign the medical certification of cause of death within 72 hours. 2. BURIAL - TRANSIT PERMIT The Florida Department of Health, Bureau of Vital Statistics hereby grants permission to dispose of this body in accordance with Chapter 382, Florida Statutes. Permit Number: 2025-F041870-5080 — Date Issued: May 14, 2025 State Registrar 3. AUTHORIZATION for CREMATION, DISSECTION, BURIAL -AT -SEA, or HOSPITAL DISPOSITION Authorization given by Medical Examiner District 18 Approval Number: C25-05-290 4• CEMETERY OR CREMATORY Place of Disposition: VERO BEACH CREMATORY Method of Disposition: CREMATION Date of Disposition: EDRS maintains all statutorily required information regarding the death record and related burial transit permit, therefore, returning the permit to the county health department is no longer required. If the Place of Final Disposition wishes to retain the copy of the permit for their file they may do so. DH 326E, 10/12 64V-1.011, Florida Administrative Code CITY OF SEBASTIAN 17754 1�=RTMENT RECEIPT NameJ Cash Date \qlr��� Check#aDCrS ❑ Credit Amount Paid 001501 362150 Non -Taxable Rent 001001 220000 Security Deposit 001501 362100 Taxable Rent 001001 208001 Sales Tax 450010 369900 Airport Badge 450010 362521 AP Shade Hangar Rent 450001 208045 Airport Sales Tax 001501 347557 Community Center Revenue 001501 341920 General Fund Copies 001501 354100 Code Enforcement Fines 601010 343800 Cemetery Lot Sales 001501 343805 Cemetery Fees 480010 341920 Bldg Dept Copies PD Shop with a Cop PD COPE PD Cadets PD SRT Total Paid k,. M cx Initials White - Dept. of Origin • Yellow - Finance Dpt. • Pink - Applicant Paid by CEMETERY Receipt No.. . . .. . . .. .. Dated..'?' (~f.~?... ..... . .. .. ..... Lf t s k. ' 23, 24 ,~ 2,500.00 8n~r 4 List Price $ . . . . . . . . . , . . . . . . . . Maximum No. Burlal Spaces, . . . , . .. . . . .. . . . . 2,500.00 Net Paid S Monument permitted, . . . , , . . . . . . . . . . . , . , . . . .1410 (Dot. obove this line for Clly a.,oord only) CltUll nf &l'bnsttuu Q!rtttrtrry m rrb NO. 1410 THIS INDENTURE MADE nil ......), 13. t. . doy of .........July............................. A. D., 1992..., betwern the City of Sebastian, II. municipal corporation exflltlng under the laws of the StAt~ of Florid., 811 Grantor and Arthur J. Vogel ............................... .-1313. -Scroll" S tr-ee t.............. ...................................... Sebastian, Florida 32958 0' the County 0'.... ..Il1d.i.~~ ..R.~ ~e.~.................. anI State of .. :F~o.r.icl!l. .. Gunt.., WITNESSETH, That the Granlor for and in consideration of the sum of $ ..~.!.~ ~.~ .'. 9 ~ . . . . . . . . . . . to It in ~and paid, the receipt whereof Is herewith ac- knowledged, does by this in!ltrument grant, bargain, sell, reI...., convey and confirm unto the Grantee . ~ ?-.~. .. heirs, legal representatives and ...ign' the foll'2ing ~r~pe~3sll~Ud ~ ~eba!ltlan, Indian River County, Florida, to-wlt: , , "32 4 All of Lot(s) . . . . . .. ,Block,........ ,UNIT ............. ,of Seba!ltian municipal cemetery as per Plat Number I thereof recorded in Plat Book 2, at page 6S of the publlc records In the ofOce of the Clerk of the Circuit Court of St. Lucie County of Florida; ,aid land now lying and being in Indian River County, Florida. To Have and to Hold the same forever; provided that ,aid property ,hall be used solely and exclusively for the Interment of the human dead and ,hall be used, kept and maintained at all times In accordance with the rule. and regulation" ordinances and resolution. of the City of Seba,tlan, Florida, hereto- fore, now and hereafter adopted or provided for the government and operation of said cemetery. The conditions, re!ltriction, and requirements contained In this in!ltrument shaU be covenants running with the land. In the event of the failure of the owner of any property situated within said cemetery to 010- ..rve and comply with ;uch rule., regulations, resolutions and ordinances and the condition, of the deed of conveyance thereof then the title of .uch owner in and to said property shaU terminate and the same shall revert to the City of Seba.tian, Florida. A tI."" ')'a:jL~f.V )7/. . {YJ:(l~1. p. ~ .\'-. . . . . .. . . . rJ clly Clerk IN WITNESS WHEREOF, The said party of the fu!lt part has caused this in!ltrument to e e cuted In its name and on ils behalf by it. Mayor and attested by Its City Clerk and lis corporate seal to be hereto affixed, the day and year first abote writl n. ! CITY bF I R "'.. SI~nl't1, SeAleCl IInd Ddlvu(d ~re..nce 0" C. . ~~..~...... R,~_ s/~u ~~r~- OFFI~onIDA COl'NTY OF INI>IAN RIVER (CIIUl;! ~eal) July 93 IIIRIlRDY CERTIFY, Thlt on thl. ............ .day of ................................ 19. Lonnie R. Powell Kathryn M. O'Halloran bl'fure Ole personRlly ftPJ't'ftTed ...................................... and . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . reSpt.ctivf'ly Mayor And City Cltrk 01 the City of SehRdinn, R munh'lpnl corJlOrntion umlrr thr. IRws of the State of Florida to me known to bf~ the Indi"idullls nnd officrn des(:rlhc~d In find who execut.~d the forQJoh1R CORVf.YRnce to 1st ................................ .A.rtlltlr.. ..J.... .Y.9g~~................. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .nd severAlly Acknowledged Ihe e...uUon Ihereo' 10 be Ihelr 'roe .et ond deed o. .ueh offl.ers IhereulOto duly otllhorh.d; ond tho I the Offlcl.1 ..111 0' ,"id cArpora!lon ,. duly Ifflx.d therelo, AOlI Ihe sold ronv'yolOre I, Ihe oct Dil!l d.ed 0' .ald corporaUon. W ITN ESS last 8tor~88ict. I.lNo. N. ...,... NoIIry ~....... .. CIIlImIIeIlIn......... .... ClMI'CO~ Linda M. Lohsl 02/16/2016 11 : 12 #5307 P. 001/001 Aug 24 2011 10; 33AM HP LASERJET FAX F _' • • • • • Nur • City of Sebajtiart `rha.slI I ("ri11u{14•1. Pk.• it e7?1 274:, I ..0 11»:1 111.uVt? vett : Tt>hll iar LA1tn1s i na{puIpe►v%rega.edingitIonu0x4li it.icInritnln 1'anirlcr► Nitro; 1•AI>t1 for SlnxIc l larlivrr wider 2 t1..' nvrr:II.(,n•rr I ft.h a wnu rviJ ruurr',4Iinn ) Coo Mry►r eslurn lr. : City 01'£u .,r44e• tieaaeelan renKlrrti I9:1 !North etrilr.l h►s. Vouudatioti lu ur1.,I p3TyS71by qua• ( 1'rsllrlerr'rau g /8/6 - • 1��11� nnlall��! VAi �STN . �,�o.� SU* . . .._..,.�, 11N 'hair 2 I /16 V V. 1 g Nam.j Oita ; HIS: ++77 Legal Oescrlplcfon : y� 4'10 o-� Unit slk,ot . V lk0/ 6' Squera FL Approved By . 1 _ CnHclroaay :• / Dy — — ...... Example • • STRUNK FUNERAL HOME S CREMATORY 1623 No. Central eve. SEBASTIAN, Fl. 32,158 (772) 589-1000 Funeral Director's Request to City of Sebastian for Burial Opening in Sebastian Municipal Cemetery Contact Information: City Clerk's Office Bridget Eakins City Hall, 1225 Main Street Sebastian, FL 32958 Phone (772) 388-8216 beakins(@citvofsebastian.org Funeral Home: Strunk Funeral Home Address: 1623 N Central Ave. Sebastian F132958_ Phone: 772-589-1000 (Check) Open Burial Lot Unit Block Lot X Open Cremains Lot Unit 4 Block 32_ Lot 22_ Open Columbarium Niche Unit Block Niche Burial Date and Service Time: 1/21/2026 10:30AM Deceased Name: Mary Ellen Vogel Name and Signature of Lot Owner or Representative: (Must provide proper documentation of ownership) Print Name Signature Date Address Phone Number I certify that I have determined the ownership of the above -described site that all site fees and administrative fees have been paid and authorized opening of same. Name and Signature of Licensed Funeral Director: _Sandy Mastrando -JdyartrarirCo 1/6/26 Print Name Signature Date I certify that I have checked the ownership information by viewing the owner's deed and confirming with Clerk's Office and that all fees have been paid: Cemetery Certification: CerheterY Date This form is to be provided to Clerk's Office for permanent record upon completion.