GRANT AGREEMENT
This Grant Agreement (the “Agreement”), is entered into this _______ day of
_____________________________, 20___ (the “Effective Date”), between
_______________________ Community Foundation, Inc. (the “Community Foundation”), and
[GRANTEE NAME] (the “Grantee”) (each a “Party” and collectively, the “Parties”), pursuant
to the terms and conditions set forth herein.
ARTICLE I
DESCRIPTION OF GRANT
1.
Grantee. The Grantee’s principal office is located at [ADDRESS]. The
Grantee operates, maintains, and improves cemetery property and is exempt from federal income
tax under Section 501(c)(13) of the Internal Revenue Code of 1986, as amended (the “Code”).
2.
Amount of Grant. The amount of the grant (the “Grant”) is $__________
payable as described herein and subject to the provisions hereof.
3.
Grant Period. The Grant Period begins on the Effective Date, and ends on
4.
Purpose of Grant. The Grant shall be used by the Grantee to further
[DATE].
exclusively charitable and educational purposes by carrying out one or more of the following
activities:
i.
Providing an educational benefit to the general public and promoting an
appreciation for community history by maintaining, repairing, and restoring
monuments, headstones, and grave markers of historical or architectural
significance to the community;
ii.
Combatting community deterioration by preserving, beautifying, and maintaining
abandoned or deteriorating graves of deceased persons and cemeteries, generally,
focusing on areas open to the public or the public’s view and for the care and
replacement of trees, flowers, shrubbery, and lawns, including removal and
replacement of diseased trees; or
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iii.
Lessening the burdens of governing by maintaining semi-public areas where
maintenance would otherwise be the responsibility of the government or
municipality.
5.
Payment Schedule. Subject to the provisions hereof, the grant funds are
scheduled for payment on [DATE]. [Modify this language if payments will be made in
multiple installments.]
ARTICLE II
TERMS AND CONDITIONS
The Grantee accepts and agrees to comply with the following conditions:
1.
Restriction of Purpose. The Grant shall be used solely for the purposes
specified in Article I, Section 4, of this Agreement and shall be so designated in the Grantee’s
records. The Grantee shall repay any portion of the Grant that is not used for such charitable or
educational purposes. Additionally, the Grantee shall not use the Grant, any portion thereof, or
any income therefrom, for any of the following purposes: (a) to influence the outcome of any
public election or to carry on any voter registration drive; or (b) for any non-charitable purpose.
2.
Monitoring and Evaluation by the Community Foundation. The
Community Foundation may, at its expense, monitor and conduct an evaluation of operations in
connection with the Grant, which may include visits by representatives of the Community
Foundation to observe the Grantee’s procedures and operations in connection with the Grant and
to discuss the Grant with the Grantee’s personnel.
3.
Accounting Record Requirements and Financial Review. The method of
recording receipts and disbursements related to the Grant on the accounting records of the
Grantee is outlined in Section 4 of this Article II. Vouchers consisting of bills, invoices,
canceled checks, receipts, etc., which document the disbursement of funds for the Grant, as well
as all other books and records related to the Grant, shall be retained by the Grantee for at least
three (3) years after final disbursement of the Grant and may be examined by representatives of
the Community Foundation on reasonable notice during regular business hours. Copies of such
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documents shall be furnished to the Community Foundation at its request and expense. The
Community Foundation may, at its expense and on reasonable notice to the Grantee, inspect,
audit, or copy the Grantee’s books and records pertaining to the Grant.
4.
Accounting and Financial Requirements. The restrictions on the use of
Grant funds, as described above in Article I, Section 4, and Article II, Section 1, shall be
designated on the Grantee’s accounting and financial records. Under no circumstances may
Grant funds be expended, borrowed (inter-fund), pledged, or transferred for reasons unrelated to
the purpose of the Grant as described in Article I, Section 4, of this Agreement. For purposes of
controlling and reporting on the receipt and disbursement of grant funds, the Grantee’s
accounting records shall be structured so that such transactions are easily and readily identifiable.
5.
Reporting. Within forty-five (45) days after the end of the Grant Period,
in substantially the form attached hereto as Exhibit A, the Grantee shall provide a written report
to the Community Foundation describing in reasonable detail the financial management of the
Grant funds, the activities undertaken therewith, and the Grantee’s accomplishments with respect
to the charitable and educational purposes set forth above in Article I, Section 4.
6.
Exempt Status. The Grantee has furnished information sufficient to
permit the Community Foundation to determine the Grantee’s status under Code section
501(c)(13). The Grantee shall give immediate notice to the Community Foundation of any
change in such information. In the event of a change in such information, the Community
Foundation may postpone disbursement of or cancel the unpaid portion of the Grant.
7.
Cancellation of the Grant. If the Grantee fails, within thirty (30) days after
notice from the Community Foundation, to perform any of its duties under this Agreement, the
Community Foundation may at any subsequent time by notice to the Grantee postpone, cancel,
or postpone and thereafter cancel payment of the undisbursed portion of the Grant.
8.
Withdrawal of Grant. After entering into a grant agreement, it is possible
that circumstances will arise which will persuade the Community Foundation that an unpaid
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grant should not be disbursed. If that should happen with respect to the Grant, the Community
Foundation acknowledges that the Grantee, nevertheless, would then be entitled to full
reimbursement for the expenses connected with the Grant and already paid by the Grantee or for
which it became legally responsible before receiving notification of the Community
Foundation’s decision. Accordingly, the Community Foundation may at any time, with or
without cause, cancel the unpaid portion of the Grant by notice to the Grantee. As soon as
possible after such notice, the Grantee shall furnish a complete list of such expenses, and the
Community Foundation thereupon shall pay to the Grantee an amount equal to the total of those
expenses. After making such payment, the Community Foundation shall have no further
obligation to the Grantee, its officers, agents, or representatives.
9.
Publicity. If the Grantee wishes to issue a news release concerning the
Grant, the text of the proposed release must be submitted to the Community Foundation for
review prior to the release date. No release shall be made without the approval of a Community
Foundation representative.
10.
No Obligation for Additional Support. By making the Grant, the
Community Foundation assumes no obligation to provide other or future support for the Grantee.
11.
Notices. Notices under this Agreement shall be in writing and shall be
deemed to be given when delivered or mailed by registered or certified mail as follows:
To the Community Foundation:
NAME
c/o_______________________
[ADDRESS]
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To the Grantee:
12.
GRANTEE NAME
c/o _______________________
[ADDRESS]
Waiver. No waiver of any right under this Agreement shall be effective
unless set forth in a signed notice from the party possessing such right to the other party, and the
exercise by either party of any right or remedy under this Agreement shall not thereafter prevent
that party from exercising any other right or remedy.
13.
Governing Law and Choice of Venue. This Agreement shall be governed
by and construed in accordance with the laws of the State of Indiana. In addition, any action
brought to enforce this Agreement, or for remedies from any breach or threatened breach thereof,
shall be brought in or venued to a court of competent jurisdiction within the State of Indiana. By
execution of this Agreement, each party hereto consents to personal jurisdiction in the courts of
the State of Indiana.
14.
Construction and Effect. A waiver of any failure under this Agreement
shall neither be construed as nor constitute waiver of any subsequent failure. The headings in
this Agreement are used solely for convenience and shall not be deemed to limit the subject of
the articles or sections or be considered in their interpretation. This Agreement may be executed
in several counterparts, each of which shall be deemed an original.
15.
Severability. If any term or provision of this Agreement or the application
thereof to any persons or circumstances shall to any extent or for any reason be held invalid or
unenforceable, the remainder of this Agreement and the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable shall not
be affected thereby, and each term and provision of the Agreement shall be valid and enforceable
to the fullest extent permitted by law.
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16.
Merger and Integration. This Agreement contains all the agreements of
the parties with respect to the subject matter hereof, superseding any prior agreements and
writings, and may not be changed other than by an agreement in writing signed by both parties.
IN WITNESS WHEREOF, the duly authorized officers of the Parties have
executed this Agreement as of the respective dates written below.
_______________________ COMMUNITY
FOUNDATION, INC.
By: __________________________________________________________
Printed Name and Title: __________________________________________
Date:
[NAME OF GRANTEE]
By:
_________________________
Printed Name and Title: _________________________________________
Date:
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EXHIBIT A
Report to ______________Community Foundation, Inc.
[DATE]
Pursuant to the grant agreement effective [DATE], (the “Grant Agreement”), with
______________________ Community Foundation, Inc. (the “Grantor”), [GRANTEE NAME]
(the “Grantee”), makes this annual report and states as follows:
1.
Name and Address of Grantee. The name and address of the Grantee are
[NAME AND ADDRESS].
2.
Date and Amount of Grant. The grant made by the Grantor pursuant to
the Grant Agreement (the “Grant”), in the amount of $________________, was transferred to the
Grantee on [DATE].
3.
Purpose of Grant. The purpose of the Grant is to further exclusively
charitable and educational purposes by carrying out one or more of the following
activities:
i.
Providing an educational benefit to the general public and promoting an
appreciation for community history by maintaining, repairing, and restoring
monuments, headstones and grave markers of historical or architectural
significance to the community;
ii.
Combatting community deterioration by preserving, beautifying, and maintaining
abandoned or deteriorating graves of deceased persons and cemeteries, generally,
focusing on areas open to the public or the public’s view and for the care and
replacement of trees, flowers, shrubbery, and lawns, including removal and
replacement of diseased trees; or
iii.
Lessening the burdens of governing by maintaining semi-public areas where
maintenance would otherwise be the responsibility of the government or
municipality.
4.
Amounts Expended from Grant. To date, the Grantee has expended
$_______________ of the principal amount of the Grant from Grantor.
5.
No Diversion of Funds. The Grantee has not diverted any portion of the
Grant, or any income therefrom, from the original purpose of the Grant.
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6.
Statement of All Expenditures of the Grant. See the attached statement for
an itemized list of all expenditures of the Grant funds, including (but not limited to) salaries and
supplies.
GRANTEE NAME
_______________________________________
NAME, TITLE
_______________________________________
Date
-8US.54331975.01