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Mr. Noah Ranells <br />Page 2 <br />April 16, 2009 <br />I appreciate the willingness of Mr. Lord and the Golden LEAF Foundation to work with <br />me on resolving our concerns. I also appreciate Smithson Mills making the initial contact with <br />Mr. Lord and facilitating Mr. Lord and I working through the Grant Agreement issues covered in <br />Mr. Lord's letters. I look forward to the success of the Piedmont Value-Added Shared-Use Food <br />and Agricultural Processing Center. <br />It is critical Orange County, as the "Organization... funded" by this Grant, <br />maintain adequate records and case histories to show the name and address of each <br />recipient of aid; the amount distributed to each; the purpose for which the aid was given; <br />the mariner in which the recipient was selected and the relationship, if any, between the <br />recipient and (1) members, officers, or trustees of the organization, {2) a grantor or <br />substantial contributor to the organization or a member of the family of either, and (3) a <br />corporation controlled by a grantor ar substantial contributor, in order that any or all <br />distributions made to individuals can be substantiated upon request by the Internal <br />Revenue Service <br />as required by the Internal Revenue Service Rev. Rul. 56-304. In that regard, the aid received by <br />users of the Center will not be distributions of funds. Rather it will be "aid" in the form of use of <br />the facility. It will also be Orange County's responsibility to ensure any non-profit organization <br />operating the Value-Added Shared-Use Food and Agricultural Processing Center maintains the <br />same records. This requirement should be a prominent requirement in the Charter and Bylaws of <br />the non-profit and in any contract/lease between the County and the non-profit related to the <br />operation and use of the Center. <br />Very truly yours, <br />COLEMAN, GLED)EI)CLL, HARGRAVE & PEEK, P.C. <br />GEG/lsg <br />Enclosures <br />xc: Valerie Foushee, Chair <br />Alice M. Gordon <br />Pam Hemminger <br />Barry Jacobs <br />Mike Nelson <br />Bernadette Pelissier <br />Steve Yuhasz <br />Donna Baker <br />Fletcher Barber, Jr. <br />Laura Blackmon <br />Brad Broadwell <br />F:\LisaVetterslLette<• to Noah Ranclls re VAPC.doc <br />