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Agreement between Cuyahoga County Board of County Commissioners and Mayfield Village <br />Phase II -Zone Launch <br />Objective: Begin implementation of the Zone development plan, secure additional major relationships <br />that will drive innovation within the Zone, and to begin open innovation network promotion. <br />Funding: Maximum funding of $150,000 implementation grant administered over two years. The <br />implementation grant must be leveraged -one-to-one match. <br />Application Process: The Zone anchor partnership must submit a comprehensive Innovation Zone <br />business plan completed in Phase I. The applicant must provide detailed scope of work for the Innovation <br />Zone project for which funding is being sought. The applicant must clearly describe the Zone activity and <br />identify outcomes. Upon approval by the County, applicant must enter into an agreement with the <br />County. <br />Deliverable One: Demonstrate at least one physical development project underway within the <br />identified Zone HotSpot and coordinated with other area physical development plans. <br />Deliverable Two: Launch business development plan, ZIP, and workforce development plan <br />Deliverable Three: Secure four more signed agreements between one or more anchor partners and <br />business development network members for business development services, ZIP contribution, and <br />workforce development activities. <br />Time of Performance: Award recipients are given two (2) years to present all deliverables to the <br />Cuyahoga County Department of Development. Amendment to the time of performance shall be subject <br />to the County's determination that the award recipient has exhibited the utmost in good faith in the <br />performance of the award agreement and that there is just cause based upon the intervention of a <br />circumstance unforeseeable at the execution of the agreement document. Any change in the time of <br />performance shall be agreed to by the award recipient and the County in writing, and said writing shall be <br />incorporated in written amendments to the agreement signed by the parties. <br />Success li'Ietric: Within two years of receiving Phase II, award recipients must demonstrate: <br />• Employment growth within the Zone HotSpot -1 job per $50,000 of County funding <br />2 Business startups and/or attraction within the Zone HotSpot <br />Remedies: Upon the determination of the Cuyahoga County Department of Development that the award <br />recipient has failed to achieve sufficient progress in meeting the success metrics or providing deliverables <br />on time and in a form acceptable to the County, the County shall have the right to declare default and to <br />exercise concurrently or successively any one or more of the following rights or remedies: <br />a. Wholly or partially terminate the award agreement and the rights given to the award <br />recipient; temporarily or permanently withhold or reduce funds not yet paid; <br />b. Recover funds previously paid to the award recipient; <br />c. Disallow all or part of the cost of a noncompliant activity; <br />d. Wholly or partially suspend the Agreement; <br />e. Exercise any and all additional rights the County may have in law or equity; <br />In the event of default, the County shall provide the award recipient notice and thirty days to cure the <br />default. If the award recipient fails to cure within thirty days of the notice, the County may choose any of <br />the other remedies outlined above. Termination shall be effective five (5) days after the date the County <br />has given written notice to the award recipient of such termination. <br />Should the County determine to proceed in recovering previously paid funds, the award will convert to a <br />principle only zero (0.00%) percent loan that must be repaid within sixty (60) months of the County <br />H:\Economic Development\Blue Ribbon\Innovation Zones\Applications\Mayfield Village\Phase I\Mayfield 18 <br />CIZ Phase 1 Contract DRAFT 07-17-2008.doc <br />