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Action items are discussed at the Board Committee Meeting (2nd ...

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2. Lease or sub-lease of <strong>the</strong> facilities (including leases, easements or usearrangements for <strong>are</strong>as outside <strong>the</strong> four walls, e.g., hosting of cell phonetowers) or leasehold improvement contracts;3. Management contracts (in which <strong>the</strong> Issuer authorizes a third party tooper<strong>at</strong>e a facility, e.g., cafeteria) and research contracts;4. Preference arrangements (in which <strong>the</strong> Issuer permits a third partypreference, such as parking in a public parking lot);5. Joint-ventures, limited liability companies or partnership arrangements;6. Output contracts or o<strong>the</strong>r contracts for use of utility facilities (includingcontracts with large utility users);7. Development agreements which provide for guaranteed payments orproperty values from a developer;8. Grants or loans made to priv<strong>at</strong>e entities, including special assessmentagreements; and9. Naming rights arrangements.Monitoring of priv<strong>at</strong>e use should include <strong>the</strong> following:1. Procedures to review <strong>the</strong> amount of existing priv<strong>at</strong>e use on a periodicbasis; and2. Procedures for identifying in advance any new sale, lease or license,management contract, sponsored research arrangement, output or utilitycontract, development agreement or o<strong>the</strong>r arrangement involving priv<strong>at</strong>euse of financed facilities and for obtaining copies of any sale agreement,lease, license, management contract, research arrangement or o<strong>the</strong>rarrangement for review by bond counsel.If <strong>the</strong> Compliance Officer identifies priv<strong>at</strong>e use of facilities financed with tax-exempt ortax-advantaged debt, <strong>the</strong> Compliance Officer will consult with <strong>the</strong> Issuer‘s bond counselto determine whe<strong>the</strong>r priv<strong>at</strong>e use will adversely affect <strong>the</strong> tax st<strong>at</strong>us of <strong>the</strong> issue and ifso, wh<strong>at</strong> remedial action is appropri<strong>at</strong>e. The Compliance Officer should retain alldocuments rel<strong>at</strong>ed to any of <strong>the</strong> above potential priv<strong>at</strong>e uses.Qualified Tax-Exempt Oblig<strong>at</strong>ionsIf <strong>the</strong> Issuer issues ―qualified tax-exempt oblig<strong>at</strong>ions‖ in any year, <strong>the</strong> ComplianceOfficer shall monitor all tax-exempt financings (including lease purchase arrangementsand o<strong>the</strong>r similar financing arrangements and conduit financings on behalf of 501(c)(3)organiz<strong>at</strong>ions) to assure th<strong>at</strong> <strong>the</strong> $10,000,000 ―small issuer‖ limit is not exceeded.Federal Subsidy PaymentsThe Compliance Officer shall be responsible for <strong>the</strong> calcul<strong>at</strong>ion of <strong>the</strong> amount of anyfederal subsidy payments and <strong>the</strong> timely prepar<strong>at</strong>ion and submission of <strong>the</strong> applicabletax form and applic<strong>at</strong>ion for federal subsidy payments for tax-advantaged oblig<strong>at</strong>ions24

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