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Agenda 12/11/2018 Item #16D 212/11/2018 EXECUTIVE SUMMARY Recommendation to approve a Distribution, Release, and Refunding Agreement for the Harvey M. Shreve Jr., and Sarah Ann Shreve Charitable Remainder Annuity Trust, to accept a distribution from a Trust in the estimated amount of $53,080.56 to the Collier County Public Library, to authorize the County Manager or his designee to execute the distribution agreement and complete any required forms, and to authorize any necessary Budget Amendments. OBJECTIVE: To accept a distribution from a trust in the estimated sum of $53,080.56 to the Collier County Public Library. CONSIDERATIONS: The Northern Trust Company advised the Collier County Public Library that it is named as a remainder beneficiary of the Harvey M. Shreve Jr. and Sarah Ann Shreve Charitable Remainder Annuity Trust. The Library’s share is five (5%) percent of the remaining balance of the trust, which amounts to approximately $53,080.56. The Northern Trust Company requires that the County approve acceptance of the funds and confirm that the County will abide by the provisions set forth in the Trust and commit the funds to the Collier County Public Library. FISCAL IMPACT: The donation provided by the Harvey M. Shreve Jr. and Sarah Ann Shreve Charitable Remainder Annuity Trust in the estimated amount of $53,080.56 will be recognized and budgeted in the Library’s Trust Fund (612) Fund Center 156113. There is no requirement for a County match. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires a majority vote for Board approval. -ERP GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: To approve a Distribution, Release, and Refunding Agreement for the Harvey M. Shreve Jr., and Sarah Ann Shreve Charitable Remainder Annuity Trust, to accept a distribution from a Trust in the estimated amount of $53,080.56 to the Collier County Public Library, to authorize the County Manager or his designee to execute the distribution agreement and complete any required forms, and to authorize any necessary Budget Amendments. Prepared By: Tanya Williams, Library Director, Library Division ATTACHMENT(S) 1. BCC_W9 form (PDF) 2. Shreve Charitable Remainder Annuity Trust (PDF) 3. Shreve_approval of accounts.distribution.release & refund (PDF) 4. Shreve_Northern Trust Letter (PDF) 16.D.2 Packet Pg. 1854 12/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2 Doc ID: 7250 Item Summary: Recommendation to approve a Distribution, Release, and Refunding Agreement for the Harvey M. Shreve Jr., and Sarah Ann Shreve Charitable Remainder Annuity Trust, to accept a distribution from a Trust in the estimated amount of $53,080.56 to the Collier County Public Library, to authorize the County Manager or his designee to execute the distribution agreement and complete any required forms, and to authorize any necessary Budget Amendments. Meeting Date: 12/11/2018 Prepared by: Title: Administrative Assistant – Library Name: Karen Tibbetts 11/05/2018 10:51 AM Submitted by: Title: Assistant Division Director - Library – Library Name: Tanya Williams 11/05/2018 10:51 AM Approved By: Review: Library Tanya Williams Additional Reviewer Completed 11/06/2018 10:53 AM Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/08/2018 8:46 AM Public Services Department Todd Henry Additional Reviewer Skipped 11/08/2018 10:06 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/14/2018 10:49 AM Public Services Department Kimberley Grant Level 2 Division Administrator Review Completed 11/15/2018 9:01 AM Grants Therese Stanley Level 2 Grants Review Completed 11/19/2018 8:18 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/19/2018 9:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/19/2018 9:14 AM County Attorney's Office Emily Pepin CAO Preview Completed 11/19/2018 2:01 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/21/2018 9:54 AM Grants Therese Stanley Additional Reviewer Completed 11/21/2018 10:22 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/03/2018 7:55 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM 16.D.2 Packet Pg. 1855 Form W-9 (Rev. November 2017) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification a Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) a 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person a Date a General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) Collier County Board of County Commissioners ✔Government 3 3299 Tamiami Trail East Ste 700 Naples, FL 34112-5749 59 6000558 16.D.2.a Packet Pg. 1856 Attachment: BCC_W9 form (7250 : Recommend to approve distribution, release and refunding agreement of Shreve Trust to Library) (Page 1 of .77) HARVEYM. SHREVE, TR. AND SARAHANNE SHREVE CHARITABLE REMAINDER ANNUITY TRUST PRrpaRrnBy: ALAN F. Hrr,rrxpR, Ese. GaRLrcK, Hrluxrn & Swrrr, LLP Arroru,lnys arLaw 9115 ConsEA DEL For.lrana WAy, Sulrr 100 N,rrlns, Flonroe 34109 Trl,ppnoNn: 239 -597 -7 088 Fax lYu ;vB En: 239 -597 -698 4 16.D.2.b Packet Pg. 1857 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 2 of, 17) IIARYEY M. SIIREVE, JR. AND SARAH ANNE SHREYE CIIARTTABLE REMAINDER ANNUITY TRUST THIS AGREEMENT made and entered into this 3 Oth day of November. 20 12, by and between Hanvpv M. Snnnru, JR. and Saru.n AmNr SmtrvE, residing at 325 Gulf Shore Boulevard North, Naples, Florida 34102, hereinafter referred to as "Grantors", and Tgr NonTHERN Tnusr Cottcatw, a corporation authorized and qualified to exercise fiduciary powers in Florida with an office and place of business at37 5 Fifth Avenue South, Naples, Florida 34102, hereinafter referred to as "Trustee." WITNESSETH: Wnrnus, the Grantors wish to establish a charitable remainder annuitytrust; and WHEREAS, the Grantors desire to appoint Tnr NonrHERN TRUsr ColpAwy, as the Trustee of such Trust and the said Trm NoRTHERN Tnusr Conzpauy is willing to serve as such Trustee; Now, THrnnronE, the Grantors hereby transfer to the Trustee the assets listed on Schedule "A" annexed hereto. This properfy and all investments and reinvestments 16.D.2.b Packet Pg. 1858 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 3 of. 17) thereof are herein collectively referred to as the "trust property" and shall be held, administered and distributed as a charitable remainder annuity trust within the meaning of $664(d) of the Internal Revenue Code ("Code"), for the following uses and purposes. ARTICLE I. CHARITABLE ANNUITY PROYISIONS A. Am.runv TRUST PAYI\4ENI. In each taxable year of the trust the Trustee shall pay to the Grantors (hereinafter referred to as "the Recipient"), during theirjoint lifetimes and to the survivor of the Grantors for the balance of his or her lifetime, an annuity amount equal to six percent (6%) of the initial net fair market value of the assets passing to the trust as finally determined for federal tax purposes. The annuity amount shall be paid in equal quarterly amounts, at the end of each calendar quarter, from income and, to the extent that income is not sufficient, from principal. Any income ofthe trust for a taxable year in excess ofthe annuity amount shall be added to principal. B. INcoRnecrVALUATIoN. Ifthe net fair market value ofthe trust assets is incorrectiy determined, then within a reasonable period after the value is finally determined for federal tax purposes, the Trustee shall pay to the Recipient (in the case of an undervaluation) or receive from the Recipient (in the case of an overvaluation) an amount equal to the difference between the annuity amount properly payable and the annuity amount actually paid. -.L- 16.D.2.b Packet Pg. 1859 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 4 of. 17) C. SuoRr Ypen. In determining tfe annuity amount, the Trustee shall prorate the same on a daily basis for a short taxable year. Notwithstanding the foregoing, the right of the Recipient to payment ofthe annuity amount shall terininate with the regular installment actually paid next preceding the Recipient's death. D. DrsrRrsurroN To CriRRrrv. 1. Upon the death of the surviving Recipient, the Trustee shall distribute all of the then principal and income of the trust (other than any amount due the Recipient or the Recipient's estate under subdivisions '4" and "8" above) to the following (hereinafter referred to as the "Charitabie Organizations"): a. Thirtypercent(30%)toCoNsnnvaNcyoFSorrrHwEST FLonmA, with an address of 1450 Merrihue Drive, Naples, Florida 34102; b. Thirtypercent(30%) to UNrvrRsrry oF CuAru,rsroN, INC., with an address of2300MaccorkleAvenue SE, Charleston, West Virginia 25304, to be used in the sole discretion of the Board of Trustees; c. Twenty percent (20%) to THE Cr.ay CENrEn, with an address of One Clay Square, Charleston, West Virginia 25301; -3- 16.D.2.b Packet Pg. 1860 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 5 of' 17) d. Tenpercent(10%)toNapr,nsCotuvruNrrYHosPIrAL, with an address of 350 Seventh Street North, Naples, Florida 34102; e. Five percent (5%) to Cor.r,rsn CouNrv Punr,rc Lmru.nv, with an address of 2385 Orange Blossom Drive, Naples, Florida 34109; f. Two and one-half percent (2 ll2%) to the Lm Mrnaom^ql HEALTH Svsrnvr FouNDATIolv, with an address of 9800 S. HealthPark Drive, Suite 210, Fort Myers, Florida 33908, to be used and applied for its palliative care program; and g. Two and one-half percent (2 I/2%) to the Hunaellr SocrBrvNAPLES, with an address of 370 Airport-Pulling RoadNorth, Naples, Florida 34104. 2. The Grantors or the surviving Grantor may, however, at any time, by testamentary instrument designate one or more organizations described in $$170(bXIXA), 170(c), 2055(a) and2522(a) of the Code to be added to or substituted for the Charitable Organizations named herein. 3. If one of the Charitable Organizations named herein, or designated by the Grantor by testamentary instrument, is not in existence or is not an organization described in $$ 170(bxlXA), 170(c),2055(a) and2522(a) -4- 16.D.2.b Packet Pg. 1861 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 6 of. 17) of the Code at the time when any principal or income of the trust is to be distributed to it, then the Trustee shall distribute such principal or income to the other Charitable Organizations, which are in existence and do so qualiff. 4. If all of the named or designated Charitable Organizations are not in existence or are not organizations described in $ $ 170(bX l XA), 1 70(c), 2055(a) and2522(a) of the Code at the time when any principal or income of the trust is to be distributed to them, then the Trustee shall distribute such principal or income to such one or more organizations described in those sections as the Trustee shall select in the Trustee's sole discretion. E. NoAoorrroNAL CoNrnmurIoNS. No additional contributions shall be made to the trust after the initial contribution. F. PRoHBtrpD Acrs. The Trustee shall make distributions at such time and in such manner as not to subject the trust to tax under 54942 of the Code. Except for the payment of the annuity amount to the Recipient, the Trustee shall not engage in any act of self-dealing, as defined in $4941(d), and shall not make any taxable expenditures, as defined in $a945(d) of the Code. The Trustee shall not make any investments that jeopardizethe charitable purpose ofthe trust, within the meaning of 54944 of the Code, or retain any excess business holdings, within the meaning of $4943(c) of the Code. -5- 16.D.2.b Packet Pg. 1862 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 7 of 77) G. Taxaglp YeaR. The taxable year of the trust shall be the calendar year. H. GovpnNntc LAw. The operation of the trust shall be governed by the laws of the State ofFlorida. The Trustee, however, is prohibited from exercising any power or discretion granted under said laws that would be inconsistent with the qualification of the trust under $66a(Q of the Code and the corresponding regulations. L 'I n-usr Is IRRsvoceBLE. The trust is irrevocable. The Trustee, however, shall have the power, acting alone, to amend the trust in any manner required for the sole purpose of ensuring that the trust qualifies and continues to qualiff as a charitable remainder annuity within the meaning of $664(d) of the Code. J. TRusr INwsrvteNr. Nothing in this Trust Agreement shall be construed to restrict the Trustee from investing the trust assets in a manner that could result in the annual realizationofa reasonable amount ofincome or gain from the sale or disposition of assets. K. PRyupNr op Esterp oRDEATH Tnx. If there is any federal estate tax or state death tax payable by this trust, the annuity interest shall take effect only ifthe Grantors (or some other party) furnish the funds for the payment of any such tax. -6- 16.D.2.b Packet Pg. 1863 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page I of L7) ARTICLE II. TRUSTEE PROVISIONS A. RpSICNauON OR ReUOVer. The Trustee may resign at arry time by delivering or mailing written notice of such resignation to the Recipient ofthe annuity amount. The Trustee or designated successor Trustee may be removed at any time by the Recipient of the annuity amount by such Recipient delivering or mailing written notice of removal to the Trustee. Such resignation or removal shall take effect upon the date specified in the notice not less than thirfy (30) days after mailing or delivery and upon the date so specified al1 duties of the Trustee so resigning or so removed shall cease, except the dufy to settle the Trustee's account and turn over trust assets. In the event of a vacancy in the trusteeship hereof, the Grantors designate as the successor Trustee hereof such corporate Trustee with trust powers in Florida as the Recipient of the annuity amount shall select, in the Recipient's discretion. Every successor Trustee shall have all the powers given to the originally named Trustee. B. CotvrppNsnrloN. Any corporate Trustee shall receive compensation for its services in accordance with its schedule of fees in effect from time to time or as may be negotiated and established by fee agreement. -7 - 16.D.2.b Packet Pg. 1864 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 9 of l7) C. ANNuel Stersl4eNrs. The Trustee shall render to the Recipient such annual statements showing the manner and form in which the trust assets are invested as are routinely furnished by the Trustee in the Trustee's ordinary course of business. D. DrscuaRcE oF PREDECESSoR Tnusrre. In taking office, a successor Trustee shall have no dufy to inquire into the acts or proceedings of any predecessor Trustee, and may, in such successor Trustee's discretion, release and discharge such Trustee upon approving such Trustee's informal account. E. FroucnRy SreuoaRo. The Trustee shall not be liable for any loss or depreciation in the value of the trust property occurring by reason of error of judgment in making any sale, investment or reinvestment, or loan, or in continuing to hold in trust any property herewith or hereafter transferred to the Trustee or any investments or reinvestments hereafter made, unless the Trustee shall have failed to act in good faith or with reasonable care. F. WeryeR oF BoND AND REGISTRATIoN. The Trustee shall not be required to provide a bond. This trust shall not be registered with any Court. ARTICLE III. TRUSTEE POWERS In addition to those powers conferred by law which are not inconsistent with the terms hereof and subjectto the provisions of this Agreement, the Trustee shall hold, manage, care for and protect the trust assets and shall have the following powers: -8- 16.D.2.b Packet Pg. 1865 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 10 of l7) A. retain any property originally constituting the trust or subsequently added thereto, although not of a type, quality or diversification considered proper for trust investments; B. sell (at public or private sale, for cash or credit and with or without security, lease (for present or future periods and without regard to statutory restrictions on the term), manage, insure, repair, improve, alter, and subdivide any real and personal property; C. invest and reinvest in such securities, including common stocks, common trust funds and mutual funds (including common trust funds and mutual funds managed or serviced in any way for a fee by the trustee), mortgages, notes, bank deposits and other rcal and personal property, within or without the United States, as the Trustee deems proper without regard to diversification or those investments which are authorizedby iaw for fiduciaries; D. distribute income and principal in cash or in kind, or partly in each; E. exercise voting rights of securities, register securities in nominee nalne, execute proxies, grant options, join in any merger, reorganization or other plan affecting securities, and exercise rights, options, and subscriptions; -9 - 16.D.2.b Packet Pg. 1866 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 11 oi. 1?) F. employ andpaythe compensation of accountants, attorneys, custodians, investment counsel and other agents (including corporate f,rduciaries acting in agency relationships); G. compromise, contes! prosecute or abandon claims in favor of or against the trust; H. allocate receipts and expendifures between principal and income in accordance with the laws of the State of Florida; I. perform other acts necessary or appropriate for the proper administration of the trust, execute and deliver necessary instruments and give full receipts and discharges; and J. generally, to exercise all the powers which an individual owner of the trust assets might have exercised if individually acting. ARTICLE IV. ADMINISTRATIVE PROVISIONS A. Pn-esuuprloN REGARDING WILL. In disposing of any trust property subject to a Grantor's power to appoint by Will, the Trustee may rely upon an instrument admitted to probate in any jurisdiction as the Will of a Grantor or may assume that a Grantor died intestate if the Trustee has no notice of a Will left by a Grantor within three (3) months aft.er a Grantor's death. - 10 - 16.D.2.b Packet Pg. 1867 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 12 of 1'1, B. Lecer- INcRpactry. The Trustee shall make payments which are authorized herein directly to the Recipient, or if the Recipient is under any disability, then to a third person for such Recipient's sole benefit, without the intervention of a guardian or other representative, and the receipt ofthe Recipient or such third person, or evidence of such payment for the sole benefit ofthe Recipient, shall fully discharge the Trustee for each such payment. C. INTpnpRTTIVE PROVISIONS. 1. When necessary or appropriate, words of any gender shall include both, singular and plural shall be interchangeable and "Trustee" shall include any successor. 2. Captions are used to facilitate the reading ofthis Agreement and are not intended to be used for construction purposes. 3 . The section references are to the Internal Revenue Code of 1986, as amended, and shall be deemed to refer to corresponding provisions of subsequent federal tax laws. - 11- 16.D.2.b Packet Pg. 1868 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 13 of 17) IN WrrNrss WsBnnoF, the Grantors and the Trustee have signed this Agreement in duplicate original on the date set forth above. One original is retained by the Grantors and the other original is retained by the Trustee M. Sunrw, JR., as Grantor €u<t SHnEvP, as Grantor Trtr NonTHERN TRUsr Conry.q.tw, as Trustee By Manru,q. H. Manr,aNn, as Senior Vice President We certiff that the above instrument was on the date hereof signed and declared by Hanvry M. SHRrvn, Jn. and Sanan Arwr Sunrvn as the HanvBv M. SHntrvr, JR. and Sanag ANxn Snnrvn CneRrr.q.nr.r RrtvT.tTNDERANNUITY TRUST, in our presence and that we, in H.q.nvry M. SHREVE, JR.'s and Sanan ANNB SrrREvE's presence and in the presence of each other have signed our names as witnesses thereto, Z^^ffi*t+M -12- 16.D.2.b Packet Pg. 1869 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 14 oi 17) believing H,q.nvny M. Snnnvr, Jn. and S.lntH ANNE Snnrw to be of sound rnind at the time of signing. a '{Ylwrt C (Printed Name) 375 Fifth Avenue South Naples, Florida 34102 Name) 375 Fifth Avenue South Naples, Florida 34102 SUTT oF FLoRIDA CouNry oF CoLLTER (Signature) (Printed Name) 375 Fifth Avenue South Naples, Florida 34102 -Boon, - 6|rrrh*o 1 Wrrupssrs ro TRUSTEE,Tnr NonTHERN Tnusr ConrrpLNv: q (Printed Name) 375 Fifth Avenue South Naples, Florida 34102 The foregoing instrument was acknowledged before me this 30th day of Novernber. 2012, by Hlnvny M. SHREvE, Jn. and Slru.n ANNE SnRBwtu/ A Personally known to me Produced as identification Notary Public Printed Name: My Commission Expires -13- G ,' 6r-^-- t 16.D.2.b Packet Pg. 1870 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 15 o? f7') Srarn orFlonm,c. Counrv or Collrrn The foregoing instrument was acknowledged before me this 30th day of November. 2012. by ManrHL H. Manr,a.I{D, as Senior Vice President of Tsr NonrnrnN TRusr ConzrpaNy, a corporation, on behalf of the corporation. U F Personally known to me Produced lW0n0n 9:48 AM Notary Public Printed Name: My Commission Expires; as identificationD #.3 Notary Public State o, Florida Atan F Hilfiker My Commission EE 850310 Expims 01/1520'17 -14- 16.D.2.b Packet Pg. 1871 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of (Page 16 of 17) SCHEDULE..A,, 16.D.2.b Packet Pg. 1872 Attachment: Shreve Charitable Remainder Annuity Trust (7250 : Recommend to approve distribution, release and refunding agreement of s20t3 Harvey M. Shreve Jr. and sarah Anne Shreve charitable Remainder Annuity Trust dated 1113012012 Trust No.: 02- 18596 Total or Partial Distribution of Trust to Beneficiary APPROVAL OF ACCOUNTS AND DISTRIBUTION, RELEASE, AND REFUNDING AGREEMENT To: The Northem Trust company ('Northern Trust"), as Trustee of the Harvey M. Shreve Jr. and sarah Anne Shreve charitable Remainder Annuity Trust dated 1113012012 Northem Trust is the Successor Trustee (the "Trustee") of the above-captioned trust (the ..Trust") which benefits me as beneficiary. Northem Trust is prepared to distribute to me the property listed on the attached Schedule ofTrust Assets, subject to the provisions of this Approval ofAccounts and Distribution, Release, and Refunding Agreement (the "Agreement"). A. Sequence of Events. I will sign and deliver this Agreement to Northem Trust, and then Northem Trust will distribute the trust property to me; provided, however, that this Agreement shall not become effective until Northem Trust has in fact distributed the trust property listed on the attached Schedule of Trust Assets to me. B. Accounts. In connection with this settlement and distribution, I acknowledge that (1) the Trustee has given me all required accounts during its trusteeship of the Trust since December 10,2012 and (2) copies of accounts for prior periods not previously fumished during its trusteeship have been made available to me upon request. The Trustee will not give me any fufther trust accountings with respect to this distribution. C. Approval ofAccounts and Release. In consideration ofthe distribution by Northern Trust ofthe property listed on the attached Schedule of Tlust Assets to me, and to induce Northem Trust not to require a court proceeding in which ajudge approves its accounts and grants it a discharge, I state as follows: 1 . Approval of Accounts and Full Distribution. I approve the administration and accounts of Northem Trust, as Trustee, and agree that the distribution ofthe property listed on the attached Schedute ofTrust Assets, subject to any Reserve provided for on said Schedule. is in full satisfaction, distribution and settlement of all property which is now due to me, as beneficiary, pursuant to the provisions of the Trust' 2. Release. I release and discharge Northem Trust, both individually and as Trustee, and its employees, directors, agents, affiliates, successors and assigns, from any and all claims, demands, lawsuits, actions, damages, liabilities, losses, responsibilities or NTAC:2SE- I 8 16.D.2.c Packet Pg. 1873 Attachment: Shreve_approval of accounts.distribution.release & refund (7250 : Recommend to approve distribution, release and refunding 5t20t3 expenses ofwhatsoever kind or nature, which may arise out ofor in connection with the trusteeship of the Trust. 3. Refunding. a.Iagreetoassumeandpayalltaxesandclaims,debtsandliabilitiesof whatever nature (in excess ofany Reserve provided for on the Schedule of Trust Assets andstillretainedbyNorthemTrust)forwhichNorthemTrustmayhereafterbe personally liable, to the extent that Northem Trust would have been entitled to be reimbursed or exonerated from the property listed on the schedule ofTrust Assets had such property remained in the possession of Northern Trust' b. The Schedule of Trust Assets may provide for a Reserve' When all taxes and claims, debts and liabilities of whatever nature for which Northem Trust or the Trust may hereafter be liable shall have been determined and paid, then Northem Trust shall deliver to me any portion ofthe Reserve which has not been required to discharge or secure the payment of such taxes, claims, debts, or liabilities' c. If it is determined within one year of receiving the distribution that a part or all of this distribution should have been paid to someone else rather than to me, or ihe amount of the distribution represents an overdistribution for whatever reason, I agree to refund that property (including the eamings and appreciation on it) to Northem Trust within sixty (60) days of Northem Trust's demand. d. The undersigned agrees to reimburse Northem Trust for its reasonable attomey fees and costs which may arise out of or in connection with this Section c3 should the Collier County Public Library fail to return the funds within 60 days written notice to the county. Such notice shall be sent to the Director of the collier county Public Library and to the Collier County Attomey's Office. D. Miscellaneous. This Agreement shall benefit not only Northem Trust but also any co-trustees or prior trustees at any time acting under the Trust. This Agreement is binding upon me and my personal representative, heirs, successors and assigns' Dated this day of 2018. Board of County Commissioners of Collier County, Florida as beneficiary @ Approvcd as to it,rrrr rrnd legality NTAC:2SE-18 [Note: Staple the Schedule of Trust Assets to this Form] 16.D.2.c Packet Pg. 1874 Attachment: Shreve_approval of accounts.distribution.release & refund (7250 : Recommend to approve distribution, release and refunding The Northern Trust Company 405 Eighth Street South, Naples, FL 34102 USA 239-262-5560 | F 866-392-4801 NORTH ERN TRUST July 18, 2018 Collier County Public Library Ms. Tanya Williams 2385 Orange Blossom Dr. Naples, FL 34109-8840 Re: Harvey M. Shreve, Jr. and Sarah Anne Shreve Charitable Remainder Annuity Trust Dear Ms. Williams : Your organization is named as a remainder beneficiary of Harvey M. Shreve, Jr. and Sarah Anne Shreve Charitable Remainder Annuity Trust. Both, Harvey and Anne have passed away and we are preparing for the distribution of the account. Your share of the trust is 5 percent of the remaining balance of the trust. The following documents are for your review and in some cases for signature and return. 1) Copy of the trust document 2l Copy of latest account statement 3) Distribution, Release and Refunding agreement (sign and return) 4l Form W-9 (complete, sign and return) We askthatyou also return a copyof yourcorporate resolution indicatingwho is authorized to receipt and sign on behalf of your organization. lf you have any questions, please feel free to contact me --o-w Sinperely,*tu Katherine P. Ahearn, Senior Vice President enclosures NTAC:25E-18 The Northern Trust Company 16.D.2.d Packet Pg. 1875 Attachment: Shreve_Northern Trust Letter (7250 : Recommend to approve distribution, release and refunding agreement of Shreve Trust to