The Donors (above) or the survivor for the term of each of their lives are hereby constituted Advisors to the Board of Directors of the Community Foundation (hereinafter "Advisors"). Upon the death of the survivor of the original Advisors, Fund Advisors (above), are hereby constituted Advisors to the Board. The said Advisors have been appointed for the purpose of making recommendations and giving advice and counsel to said Board regarding Fund issues not previously provided for by Donor, and with their advice and counsel the Board shall oversee the Fund’s administration. If the Fund continues beyond the lives of the named Advisors, or if the named Advisors shall for a period of three (3) consecutive years fail to make recommendations to the Board of Directors, or if the Donor has not provided Schedule C outlining charitable purposes the Fund is to serve, the Board of Directors will determine the disposition of the assets.
7. Minimum Contribution and Fund Balance
The initial contribution to the Fund must be at least $10,000, and the Advisor(s) must maintain a balance of at least $500. (Funds established to receive deferred gifts through trusts or estates may be exempt from the initial contribution requirement.)
8. Additional Contributions
The Community Foundation may receive and accept additional assets to be added to the Fund from any person, institution, trust or entity who or which desires to contribute thereto and have such assets administered and distributed in accordance with the provisions hereof. Said intent shall be presumed conclusively from the receipt of any assets, security, or check designated for the Fund.
9. Cost of Administration
The Community Foundation will charge its ordinary and customary administrative fees based on the prevailing schedule for such fees (which schedule is subject to revision or amendment from time to time) as published by the Community Foundation. As of the date of this Agreement, the prevailing schedule for administrative fees is as shown on Schedule D attached hereto. The Fund may also be charged regularly for a proper allocation of direct and indirect expenses attributable to the administration of the Fund and its assets.
10. Representation of Community Foundation
Community Foundation represents to Donor it has received a ruling from the Internal Revenue Service that it is an organization described in Internal Revenue Code Sections 501(c)(3), 170(b)(1)(A)(vi) and 509(a)(1); that the facts and circumstances forming the basis for the issuance of the ruling have not substantially changed since the date of issuance thereof; and that the ruling has not been expressly or impliedly revoked.
The following Schedules are attached and made part of this agreement: Schedules A, B, C and D.