THE SAMPLE FUND AGREEMENT

     THIS AGREEMENT is made this ___day of _______________, _________, by and between ________________________ of _________________ Ohio, (hereinafter called "Donor") and STARK COMMUNITY FOUNDATION, INC., a not for profit corporation organized under the laws of the State of Ohio and qualified under Section 501(c)(3) of the Internal Revenue Code for charitable, educational and scientific purposes (hereinafter called the "Foundation").

     WHEREAS, Donor desires to create a permanent charitable fund as a component fund of the Foundation to which she and others may make contributions of cash and other property and from which distributions can be made for charitable, educational and scientific purposes (hereinafter called the "Fund"); and

     WHEREAS, the Foundation is willing to accept such contributions and to hold, administer and distribute from such Fund in accordance with the terms of this agreement.

     NOW, THEREFORE, it is hereby agreed by and between the parties as follows:

      1.    The Fund shall be known as "_____________________Fund".

      2.    Donor is contributing to the Fund, upon the execution of this Agreement, the property listed on Schedule A attached hereto.  All contributions to Fund, together with all income, gains or other receipts therefrom, are held, invested, managed and distributed exclusively by the Foundation.  The Fund is a permanent charitable fund which is a component fund in the Foundation.  Contributions, income, gains, or other receipts shall be invested along with other assets of the Foundation, and the income, gains, and losses allocated proportionately to the Fund.  Control over the investment and reinvestment of the Fund and the asset management of the Fund shall be exercised exclusively by the Foundation. 

      3.    Income of the Fund, as defined by the Charitable Payout Policy adopted by the Foundation on November 22, 1995, as the same may be amended from time to time by the Foundation, shall be distributed to the [NAME SPECIFIC ORGANIZATION(S),] in such manner and at such times as the Board of Directors of the Foundation shall authorize, in accordance with Fund Operation Policies adopted by the Foundation on December 18, 2003, as the same may be amended from time to time by the Foundation, to support _______________.

      4.    Donor, and others, may, from time-to-time, contribute additional cash or property to the Foundation to become part of the Fund. 

      5.    Organizations to which grants are made shall be notified that the grant is from "__________________________Fund".

      6.    The Foundation shall provide quarterly statements to the Donor of the income, expenditures and principal of the Fund. 

     7.    This Agreement is expressly made irrevocable.  The right to amend or supplement the Agreement, to facilitate the administration of the Fund, rests exclusively with the Foundation's Board of Directors.  The Donor may request an amendment or supplement, but it will be effective only if the Foundation's Board of Directors consents.

      8.    In the event that a distribution to a charitable organization specified in any provision hereof, becomes unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community, the Foundation shall, under its variance power, designate another charity or charities, qualified to receive grants from the Foundation, in its place. 

      9.    The Foundation is authorized to make a charge to the Fund for administrative services in accordance with the uniform schedule of the Foundation then in effect.

      10.  In creating this Fund, Donor and any other persons or entities intend to obtain the full benefit of any income, gift, and estate tax charitable contribution deductions to which they may be entitled under the Internal Revenue Code.  Accordingly, this Agreement shall be interpreted, and this Fund shall be managed, invested, administered and in all other respects governed consistent with such intent.

      IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers as of the day and year first above written.

                                    ________________________________________

                                                DONOR

                                       STARK COMMUNITY FOUNDATION, INC.

                                    By:  ____________________________________

                                    Its:  ____________________________________