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Backup Documents 11/12/2019 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 LI 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office •0•-13 1 t $ t i ci 4. BCC Office Board of County Wrn�Uy Commissioners 301/c( 1 ( ` 5. Minutes and Records Clerk of Court's Office \P-1 lillqtat I n1614 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Tanya Williams,Library Director 593-3511 Contact/Department Agenda Date Item was 11/12/2019 Agenda Item Number 16-D-9 Approved by the BCC Type of Document Resolution—Recognition&Acceptance of Number of Original 2 Attached Distribution Documents Attached Approval of Accounts&Distribution Agreement PO number or account n/a dt)`Q— number if document is ` to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable colu s., .-•-ver is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK TRW 2. Does the document need to be sent to another agency for additiona . ? If yes, TRW provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be TRW signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's TRW Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the TRW document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's TRW signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip TRW should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 11/12/19 and all changes made during TRW the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the �� BCC, all changes directed by the BCC have been made, and the document is ready for the 2j Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1609 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 purpose. 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 Courtst and its 1 The Clerk of Court is Crystal K. Kinzel. 1 160 9 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 Manage►3 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 Ia day of ev..e. 6 ,2019. ATTEST': B Y COM IS . • . R CRYSTAL K.KINZEL,Clerk r ,02/ 1 -- By: f,<a !' i N'(_ ! r By: Attest as to Cha man'Qeputy Clerk ' William McDaniel,Jr., Chairman $lg9lO►�o e'cTya's to form andiegality: Jenn"A. Belped►o ^ _ �j A Assistant County Attorne d.. �� ,01 2 The Finance Director is Derek Johnssen. 3 Leo E. Ochs,Jr., is the County Manager 2 1609 5/2013 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. 1 NTAC:2SE-18 0 16D9 5/2013 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 still retained 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 tome 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 show have been paid to someone else rather than to me, or the amount of the distribution represents an overdistribution 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. o<+� day of I' �, 1 QW� 20 14 Dated this I ( • _ 0,0 IIo., •.of County Commissioners of Collier County, App e prm and legality Florida(Collier County Public Library),as i; ,:-.111111t1 beneficiary Jeffrey A`' 'at ��� , ounty Attorney [Note: Staple the Plan of Distribution Statement to this Form] `�.•qtY ...... ATTE§T: 4(1,t//1?„. 2 C•�-''T/ C1'i'-v KI El_,- LERK N"i'AC:2SE-18 ► • `` • nep' • lerk -Attest as to Chairman's!,' cao signature only. .,v 1-iE Sk 1 6 0 9 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State January 18, 2018 COpy 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 ELR/lb ?C'„.. 0. 3 C. --- i~ Fil R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us