ATTACHMENT 3 EXHIBIT B - MARYANNE CORDER NEIGHBORHOOD GRANT AGREEMENT FORM.PDF
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Exhibit B MARYANNE CORDER NEIGHBORHOOD GRANT AGREEMENT CITY OF TEMPE GRANTEE: NAME PROJECT TITLE: TITLE PERFORMANCE PERIOD: July 1, 2026 through June 30, 2027 PROJECT DESCRIPTION: DESCRIPTION APPROVED GRANT AMOUNT: $AMOUNT GRANTEE’S MATCH GRANT AMOUNT – If HOA, grantee must match funding in the amount of one-quarter (1/4) of the actual project cost. Grantee: NAME ADDRESS ADDRESS Grantor: City of Tempe, Arizona (City) Attn: Neighborhood Services Division PO Box 5002 Tempe, AZ 85280 TERMS AND CONDITIONS OF GRANT Project: Grantee is responsible for and agrees to perform or supervise the performance of any and all aspects of the Project. Term: The Project shall be completed by June 30, 2026. Termination: The City shall have the right to terminate this Agreement for the breach of any term of this Agreement. Notice of Termination: Upon the City’s determination that Grantee has breached any term of this Agreement, City will provide Grantee, at the address written above, written notice of said breach and provide the corrective action that Grantee must take. If Grantee does not take the required corrective action within ten (10) days of the written notice, this Agreement shall terminate without any further notice. The corrective action must be acceptable to the City to avoid termination under this section. Subsequent to Termination: City shall provide Grantee, at the address written above, with a letter confirming termination of this Agreement. Within ten (10) days of the date of this letter, Grantee shall reimburse the City by way of certified check for any Grant funds paid to Grantee by the City. Grant Funds: Grantee will use the Grant funds only for the Project described in this Agreement. No other use of Grant funds is permitted. Reports and Payments: If requested by Grantee, the City will provide the first payment consisting of one half of the Approved Grant Amount upon receipt of the signed Agreement and issuance of permits as needed. Final invoices are due no later than June 30, 2026. The final invoices shall include both a final financial accounting of the use of the Grant funds and assurance that the activities under the Grant have been conducted in conformity with the terms of the Grant and Grantee’s application. City will provide the second payment, consisting of the remainder due up to the amount of the Grant, upon receipt and review of the final financial account and successful project inspection if one is required. Failure to Complete the Project: In the event Grantee fails to complete the Project by the June 30, 2026 deadline, the terms of this Agreement have been breached; the amount paid of the Grant becomes due and owing to the City; and on or before July 15, 2027, Grantee shall reimburse the City by way of certified check for any Grant funds paid to Grantee by the City . Installation and Maintenance: Grantee shall install and maintain in a safe and reasonable manner the Project and all equipment or materials or any other items purchased with Grant money under this Agreement. Grantee shall not delegate this responsibility and shall reimburse the City for the value of any such equipment, materials or property that are lost, stolen, or damaged due to the negligence of Grantee or Grantee’s agents, assigns or successors. Nothing contained in this Agreement shall create any duty, obligation, or responsibility on the part of the City to maintain or participate in the maintenance of the Project. Equipment and Materials: Any equipment or materials purchased with Grant funds under this Agreement shall be available for neighborhood use under the terms of the Project and shall constitute a public benefit. Insurance: In the event Grantee utilizes a contractor to perform the Project, Grantee shall utilize one that is licensed with the State of Arizona, bonded, and insured. City recommends that Grantee obtain all necessary liability insurance in a sufficient amount to protect itself from any and all liability arising from the Project. Indemnity: Grantee shall release, indemnify, hold harmless and defend with legal counsel acceptable to the City, the City and its agents from and against any and all claims, demands, losses, damages, fines, penalties, expenses, including attorney’s fees, paralegal fees, consultant fees and costs arising out of, resulting from or relating to in any way, in whole or in part, Grantee’s responsibilities, duties and obligations for the Project and under this Agreement. Grantee shall release and discharge the City and its agents from any liability related to or in any way arising from the Project and this Agreement or from all responsibility for personal injury or property damage incurred by Grantee, its agents, members, families or invitees as a result of performance or nonperformance of the Project and this Agreement. This provision shall survive the termination or expiration of this Agreement. Books and Records: Grantee shall maintain an accurate record of the Grant received and all expenses incurred under this Grant and retain such books and records for at least five years after completion of the Project. Audit: If Grantee completes internal audits by an independent auditing firm, Grantee will submit a copy of the audit results within 90 days of completion of the audit report . At the request of the City, Grantee shall permit reasonable access to its files, records and personnel by the City or its designated representatives for the purpose of making financial audits, evaluations or verifications concerning the Grant, as the City deems necessary. Independent Contractors: The parties agree that the Grantee and Grantee’s agents are independent contractors and are not in a joint venture with the City and are not employees or agents of the City. No Guarantee of Future Funding: Grantee acknowledges that the receipt of this Grant is not and does not imply a commitment on behalf of the City to continue funding beyond the terms listed in this Agreement. No Assignment: Grantee shall not assign this Agreement or any rights in this Agreement. Authority: Grantee has the power and authority to enter into this Agreement without the consent or approval of any third party. The execution, delivery, and performance of this Agreement by Grantee has been duly authorized by all necessary action and does not violate any of Grantee’s organic documents, or any agreement to which Grantee is a party, or by which it is bound. No Third-Party Beneficiary: Nothing in this Agreement shall be construed to give any rights or benefits in the Agreement to anyone other than the City and Grantee, and all duties and responsibilities undertaken in accordance with this Agreement will be for the sole and exclusive benefit of the City and Grantee, and not for the benefit of any other party. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. Guidelines and Application: The terms of the Maryanne Corder Neighborhood Grant Program, and any amendments thereto, and Grantee’s Application for Design for PROJECT DESCRIPTION are hereby incorporated into this Agreement except where inconsistent with the terms set forth in this Agreement. Entire Agreement: This Agreement, along with Grantee’s application, incorporates the entire agreement between the parties and no statements, representations, or terms not included within this Agreement can be considered part of this Agreement. If you agree to the terms and conditions of this Grant Agreement, please sign and return this document to the Neighborhood Services Division. Please keep a copy of the signed document for your files. APPROVED AND AGREED to this _______ day of _______________________, 2026. GRANTEE ____________________________________________ President or Designated Representative of Association _________________________________________________ Printed Name ______________________________________________________ President or Designated Representative of Association _________________________________________________ Printed Name GRANTOR City of Tempe, an Arizona municipal corporation Corey D. Woods, Mayor ATTEST: Kara A. DeArrastia City Clerk APPROVED AS TO FORM: Eric C. Anderson, City Attorney