Resolution 2019-219 !4!
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RESOLUTION NO, 2019-21 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BOARD OF THE
COLLIER COUNTY PUBLIC LIBRARY, DECLARING A PUBLIC PURPOSE
FOR THE RECOGNITION AND ACCEPTANCE OF A DISTRIBUTION FROM
THE HARVEY M. SHREVE, JR. IRREVOCABLE TRUST OF 1997 TO THE
COLLIER COUNTY PUBLIC LIBRARY IN THE ESTIMATED AMOUNT OF
$1,600,000, AND ANY SUBSEQUENT DISTRIBUTIONS TO THE COLLIER
COUNTY PUBLIC LIBRARY FROM THE TRUST AND AUTHORIZING THE
COUNTY OR DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS.
WHEREAS,the Board of County Commissioners("Board")was notified by The Northern Trust
Company that the Collier County Public Library("Library") is a 5% residuary beneficiary of the Harvey
M. Shreve,Jr. Irrevocable Trust of 1997 ("Trust"); and
WHEREAS,the Trust is prepared to make an initial distribution of the Library's residuary share
of the Trust in the estimated amount of$1,600,000 and plans to make subsequent future distributions of the
remaining reserves to the Library; and
WHEREAS, Northern Trust retained the law offices of Cohen & Grigsby to represent it in its
fiduciary roles as Personal Representative and Trustee the Trust; and
WHEREAS, fees for legal services, as well as other administrative fees, were deducted from the
Library's initial share of the Trust and will be deducted from future disbursements to the Library as is
customary in such cases; and
WHEREAS, Mr. Shreve's wife, Sarah Anne Shreve, predeceased him. Her estate is being
administered in probate court and certain documents are necessary to be signed by Library as a qualified
beneficiary of her estate; and
WHEREAS, the Board formally agrees by adoption of this Resolution to abide by the provisions
set forth in the Trust; and
WHEREAS, the Board agrees to direct the transfer of funds to the Collier County Clerk of Courts
and Comptroller ("Clerk of Courts") for the benefit of the Library owned and operated by the Board
pursuant to wire instructions to be provided to the Trust.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
1. The donation of monies by the Trust to the Collier County Public Library serves a valid public
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2. The Board will accept,on behalf of the Library,a wire in the amount of$1,600,000, and all future
distributions, if any, from the Trust. As custodian of County Funds, the Clerk of Courts' and its
1 The Clerk of Court is Crystal K. Kinzel.
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Finance Director2 and their successors in position are authorized to provide to the Trust and its
representatives written transfer instructions and otherwise communicate with the Trust to facilitate
the Board's receipt of the funds.
3. The$1,600,000 and any and all future funds received from the Trust, less any administrative fees
and expenses, shall be given to and deposited by the Clerk of Courts, and that the budget of the
"Library Donation — Project Fund" shall be amended accordingly reflecting that the funds are
deposited for its use.
4. The County Managei3 or designee is authorized to execute all documents required to process and
otherwise accept donation of monies by the Trust.
5. The County Manager or designee is also authorized to execute Probate Court documents needed
at the closing of the Sarah Anne Shreve Estate and Harvey M. Shreve,Jr. Estate.
THIS RESOLUTION ADOPTED upon majority vote on the I a day of c,1,dA4., ,2019.
ATTEST: BSS Y COM S . • . R
CRYSTAL K.KINZEL,Clerk CC �r O,?/ , F • ' .A i
By. i ��, By
fittest as to Chairman'eeputy Clerk William McDaniel,Jr., Chairman
SlglRtl►(g'veil�ya's to form andlegality:
Jenner A. Belped►o \01
Assistant County Attor` CY� tea.
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2 The Finance Director is Derek Johnssen.
3 Leo E. Ochs,Jr., is the County Manager
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C�'
512013
HARVEY M. SHREVE, JR.IRREVOCABLE TRUST
DATED 4/28/1997 AS AMENDED AND RESTATED
Trust No.: 02-52855
Total or Partial Distribution of Trust to Beneficiary
APPROVAL OF ACCOUNTS AND
DISTRIBUTION,RELEASE,AND REFUNDING AGREEMENT
To: The Northern Trust Company("Northern Trust"), as Trustee of the Harvey M. Shreve, Jr.
Irrevocable Trust dated 4/28/1997,as amended and restated
Northern Trust is the Trustee(the"Trustee") of the above-captioned trust(the"Trust")
which benefits me as beneficiary. Northern Trust is prepared to distribute to me the property
listed on the attached Plan of Distribution Statement, subject to the provisions of this Approval
of Accounts and Distribution,Release, and Refunding Agreement(the"Agreement").
A. Sequence of Events. I will sign and deliver this Agreement to Northern Trust, and
then.Northern Trust will distribute the trust property to me;provided, however,that this
Agreement shall not become effective until Northern Trust has in fact distributed the trust
property listed on the attached Plan of Distribution Statement 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 May
2018 and(2) copies of accounts for prior periods not previously furnished during its trusteeship
have been made available to me upon request. The Trustee will not give me any further trust
accountings with respect to this distribution.
C. Approval of Accounts and Release. In consideration of the distribution by
Northern Trust of the property listed on the attached Plan of Distribution Statement to me, and to
induce Northern Trust not to require a court proceeding in which a judge 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 Northern Trust, as Trustee,and agree that the distribution of the property
listed on the attached Plan of Distribution Statement,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 Northern 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
expenses of whatsoever kind or nature,which may arise out of or in connection with the
trusteeship of the Trust.
NTAC:2SE-18
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5/201.3
3. Refunding.
a. I agree to assume and pay all taxes and claims,debts and liabilities of
whatever nature(in excess of any Reserve provided for on the Plan of Distribution.
Statement and stillretained by Northern Trust)for which.Northern Trust may hereafter be
personally liable,to the extent that Northern Trust would have been entitled to be
reimbursed or exonerated from the property listed on the Plan of Distribution Statement
had such property remained in the possession of Northern Trust.
b. The Plan of Distribution Statement may provide for a Reserve. When
all taxes and claims,debts and liabilities of whatever nature for which Northern Trust or
the Trust may hereafter be liable shall have been determined and paid,then Northern
Trust shall deliver to me any portion of the 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 sho*have been paid to someone else rather than to me, or
the amount of the distribution represents an overdisfribution for whatever reason,I agree
to refund that property(including the earnings and appreciation on it)to Northern Trust
within sixty(60)days of Northern Trust's demand.
d. The undersigned agrees to reimburse Northern Trust for its reasonable
- attorney fees and costs which may arise out of or in connection with this Section C.3
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 Attorney's Office.
D. Miscellaneous. This Agreement shall benefit not only Northern 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 �oC day of y `Qµe _
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A ! , ' _.......- --.-__:. Ail,
'', I ''' _ Bo./..of County Commissioners of Collier County,
App a.>t+ .. f:" prim and legality Florida(Collier County Public Library),as
,„„ � beneficiary
Jeffrey A 'a 11, , ounty Attorney
[Note: Staple the Plan of Distribution Statement to this Form]
AT E T:ii :
2 CRYSTAL' K. KINZhL,'CLERK
NTAC:2SE-18 T), •, ^_; ,_v . .,i,
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'Attest as to Chairman's,i
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signature only,
FLORIDA DEPARTMENT Of STATE
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RICK SCOTT KEN DETZNER
Governor Secretary of State
January 18, 2018 C O
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Mr. Jeffrey A. Klatzkow, County Attorney
Office of the County Attorney
Collier County Government Complex
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112-5749
Dear Mr. Klatzkow:
We are in receipt of the facsimile signatures, under oath, filed by Andy Solis,Chairman and William L.
McDaniel, Jr., Vice Chairman of the Board of County Commissioners of Collier County, Florida and
Donna Fiala, Co-Chairman and William L. McDaniel, Jr. Co-Chairman of the Collier County
Redevelopment Agency.
This information was filed in this office on January 16, 2018.
If we may be of further assistance, please contact this office at the number listed below.
Sincerely,
Ernest L. Reddick
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us