UNC-GA Gateway University Research Park

Go Figure

Complex/Name UNC-GA Gateway University Research Park

In accordance with General Statutes 143-341 and 146 State Property Office Maintain a complete and accurate inventory of State owned lands, buildings, and space in buildings. State Property Office inventory of State-owned lands, buildings, and space in buildings, Public Record Land Lease listing 3-26-2013.pdf did not list Lease of Joint Millennial Campus, Lessor NC A&T and UNCG, Lessee Greensboro Gateway University Research Park, 5900 Summit Avenue, Greensboro, Guilford County, Area Joint Millennial Campus.

Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, property Address 5900 Summit Avenue, Greensboro term 50 years. Comment:

Property to be developed as a Joint Millennial Campus for NCA&T State University and UNC-Greensboro to support the education and research missions of the Campuses and to foster economic development and entrepreneurial activity in the Region.

NCGS § 146-28. Agency must file application with Department; Department must investigate.

Any State agency desiring to sell, lease, or rent any land owned by the State or by any State agency shall file with the Department of Administration an application setting forth the facts relating to the proposed transaction, and shall furnish the Department with such additional information as the Department may request relating thereto. Upon receipt of such application, the Department of Administration shall promptly investigate all aspects of the proposed transaction, including particularly present and future State need for the land proposed to be conveyed, leased, or rented.

UNC Constituent Universities and General Administration may acquire or dispose of property by lease. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

All real property transactions that require approval beyond the campus level are to be initiated by submission of the Form PO-1 for acquisitions and the Form PO-2 for dispositions to the State Property Office.

State Property Office received PO (1) from UNC System Acquisition of Real

Property dated March 13, 2006, for the purpose of establishing a Joint Millennial Campus for NC A&T and UNCG; two parcels approximately 75 acres of property located adjacent to the NCA&T farm and located on Lee Street. Approximately 75 acres of land and facilities formerly known as the Central North Carolina School for the Deaf. Unequivocal extinguished UNC Board of Governors alleged Joint Millennial Campus - North Carolina A&T State University and the University of North Carolina Greensboro - false claim Oct. 10, 2003 designation of the Central School of the Deaf reallocated to the Board of Governors and 75-acre parcel on NCA&T farmland as NCA&T/UNCG Joint Millennial Campus.

Received from the State Property Office was unsigned Acquisition of Real Property by lease dated March 13, 2006, for the purpose of establishing a Joint Millennial Campus for NC A&T and UNCG, which said action recommending the above was taken by the Governing Board of NCA&T and UNCG and is recorded in the minutes thereof on date. (blank).

Land Lease listing 3-26-2013.pdf, Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park involve two transactions, UNC-GA acquisition of Real properly by lease and UNC-GA disposition of real property to Greensboro Center for Innovative development.

The North Campus contains nine major Buildings, including a main administrative building (16, 22 GSF), two academic/instructional buildings (each 17,031 GSF) two residential structures (each 32, 223 GSF), a gymnasium (15, 270 GSF) maintenance shop (7,603 GSF), greenhouse (5,00GSF) and a central kitchen (4,293 GSF) Other facilities include picnic shelters and small support buildings used

for storage. The wooded land area totals 75 acres, less than half of which is currently developed. North Campus buildings are generally in excellent condition. Source Greensboro Center for Innovative Development main news Releases North Campus South Campus. A&T 75- acre farmland was appraised value was $250,000 per acre. Source A&T

The value of the North & South Campus exceed delegated authority UNC-GA therefore requiring Board of Governors approve acquisition by lease and submission of PO2 form to State property Office to acquire North and South Campus.

If North and South campus acquisition was approved by UNC Board of Governors, UNC-GA would be required to request Board of Governors approve lease of Joint Millennial Campus to GCID, upon approval required to submit Disposition by lease (PO2) to GCID to the State Property Office. UNC-GA is required to report use of delegated authority to the Committee on Budget and Finance at the next meeting.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2005 through June 30, 2006, indicate permission to

execute a ground lease of the land and existing improvements to the Joint Millennial Campus to the Greensboro Center for Innovative Development.

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2005 through June 30, 2006 and July 1, 2006 to June 30,

2007 did not indicate UNC System acquired land formerly designated for the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm, by UNC System delegated authority.

UNC Policy Manual 600.1.3 Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

Pursuant Public Record laws, request for documents establishing UNC system

Office Millennial Campus designation for Gateway-Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC. and lease was made (Request 22-23). No document was received pursuant PRR-22-23 referred to an UNC System millennial Campus. No document indicated the Board of Trustees of NCA&T and UNC Greensboro approved UNC System PO1 acquisition real property to establish Joint Millennial Campus. In addition no UNC-GA Disposition of Real Property (PO2) by lease to Greensboro Center of Innovative Development was received.

No lease agreement UNC General Administration Lessor, Gateway University Research Park Lessee was received from the State Property Office.

UNC-GA did not hold or acquire the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm to designate as UNC System Office millennial campus or lease to Gateway Research Park, Inc.

Lease Agreement for Joint Millennial Campus consisting of a North Campus and a South Campus, where millennial campus is not defined by GS 116-198.34(4b), is non-compliant G.S. 143-341 and Chapter 146 .

Received from the State Property Office, pursuant Public Record Requests for Land Lease listing 3-26-2013.pdf documents. Ground Lease Agreement between The State of North Carolina (Lessor) and Gateway University research Park, Inc. (Lessee) was received.

Disposition by Lease:

Lessor : State of North Carolina
North Carolina Agricultural and Technical State University and
University of North Carolina at Greensboro

Lessee: Gateway University Research Park

Area: Joint Millennial Campus, Greensboro consisting of a North Campus and a South Campus.

Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added.

PRR-22-23 Ground lease Agreement & Memorandum of Lease

Ground Lease Agreement between The State of North Carolina (Lessor) and

Gateway University Research Park, Inc. (Lessee) for Joint Millennial Campus Greensboro, NC. dated March 15, 2007, indicate Article I, (1.1.1) Lessor Address State of North Carolina c/o North Carolina Agricultural & Technical State University and c/o The University of North Carolina at Greensboro. (1.1.2) Lessee's Address Gateway University Research Park, Inc.. UNC System Office was not indicated as Lessor in the Ground Lease Agreement nor Memorandum of Lease. The only acquisition of property document received was S. L. 2003-284 property

Public Record documents indicate UNC Board of Governors/ UNC System Office

did not file Form PO-2 pertain to DISPOSITION OF REAL PROPERTY by Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, which by not following the (shall)# law may have deprive the State Property Office G.S.146-28 authority to authorize lease agreement Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro. # opinion

Land Lease listing 3-26-2013.pdf, Complex UNC-GA Gateway University Research Park, Lessor UNC General Administration, lessee Gateway University Research Park, and, Disposition by Lease area Joint Millennial Campus, Greensboro consisting of a North Campus and a South Campus. Lessor : State of North Carolina North Carolina Agricultural and Technical State University and University of North Carolina at Greensboro and Lessee: Gateway University Research Park, Lessor contradict.

Ground lease, Article II Land, Term and Use, 2.4 Assignment and Subleasing (b) Neither the Lessee nor any sub lessee may sublet for a term of more that ten (10) years space within any improvement not or hereafter located on the Land comprising the Premises, without the prior written consent of the Lessor after approval by the Governor and Council of State, emphasis added.

Lucien Capone [UNCG attorney] email dated 09.07/2006 to Don teeter NC Dept. of Justice, Subject Joint Millennial Campus ground lease : Item (2) The statute proving an exception from Governors and Council of State approval for space leases of 10 years or less is G.S. 116-198.34(5).

Statute G.S. 116-198.34(5) says:

To acquire, hold, lease, and dispose of real and personal property in the exercise of its powers and the performance of its duties hereunder and to lease all or any part of any project or projects and any existing facilities upon such terms and conditions as the Board determines, subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.

Notwithstanding G.S. 143-341 and Chapter 146 of the General Statutes, a disposition by easement, lease, or rental agreement of space in any building on the Centennial Campus, on the Horace Williams Campus, or on a Millennial Campus made for a period of 10 years or less shall not require the approval of the Governor and the Council of State. All other acquisitions and dispositions made under this subdivision are subject to the provisions of G.S. 143-341 and Chapter 146 of the General Statutes.

G.S. 116-198.34(5) applies only to Board of Governor , G.S. 116-198.33(4b), designated Millennial Campuses

GS 116-198.34(4b) The term "Millennial Campus" means all real property and appurtenant facilities designated by the Board of Governors as part of a Millennial Campus of a constituent institution of The University of North Carolina. . (2000)

Received pursuant Public Request from State Property Office Erskine Bowles UNC System Acquisition of Real Property by lease P0-1 dated March 13, 2006 .


Erskine Bowles UNC System Acquisition of Real Property by lease P0-1 dated March 13, 2006 for the purpose of establishing a Joint Millennial Campus for North Carolina A&T

State University and The University of North Carolina Greensboro; two parcels approximately 75 acres of property located adjacent to the NCA&T farm and located on Lee Street. Approximately 75 acres of land and facilities formerly known as the Central North Carolina School for the Deaf. Proposed UNC System lease unequivocal extinguished UNC Board of Governors alleged Joint Millennial Campus - North Carolina A&T State University and the University of North Carolina Greensboro - false claim Oct. 10, 2003 designation of the Central School of the Deaf reallocated to the Board of Governors and 75-acre parcel on NCA&T farmland as Joint Millennial Campus. video

Received pursuant Public Request from State Property Office was Greensboro Center for Innovative Development timeline.

Greensboro Center for Innovative Development, alleged Joint Millennial Campus, Development timeline, received from the State Property Office, from Feb-03 to April-06 does not indicated designation of NC A&T/UNCG Joint Millennial Campus Oct. 10, 2003 or at all. link

Lease of Joint Millennial Campus (May 2006) – North Carolina A&T State University and The University of North Carolina at Greensboro

In October 2003, the Boards of Trustees of North Carolina A&T State University and The University of North Carolina at Greensboro requested, and the Board of Governors approved, the designation of the land (formerly the Central School for the Deaf) reallocated to the Board of Governors by the 2003 Session of the General Assembly and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm as a Joint Millennial Campus.

Now, the Boards of Trustees of NCA&T and UNCG are requesting permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development, a jointly-controlled and jointly-funded 501(c)(3) entity that will administer the educational, research, and economic development mission of the Joint Millennial Campus. Emphasis added

NCGS: 116-198.34 (8b): upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meet the requirements of this section to create a Joint Millennial. (UNC Policy Manual 600.1.3 ). Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees.

Replies to public record request for the NCA&T Board of Trustees request for permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development and request for permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development.

NCA&T: "As to your prior request for the resolution/motion about the 75 acres of land being a part of the Gateway Research Park, There is no 2003 resolution, etc. that specifically says 75 acres are involved." determined J. Charles Waldrup J.D., Ph.D. General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University.

NCA&T: "As to the request to General Administration to approve the ground lease, Ms. Fails cannot find any transmittal letter, memo, etc." " We wonder if possibly UNCG sent the request on behalf of both universities. General Administration should have whatever was sent to request BOG action." General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University

Unambiguous NC A&T Board of Trustees had not Requested:

that the land formerly designated for the Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and a 75- acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm be designated as a joint millennial campus - Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) ;
permission to execute a ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development. As stated in UNC BOG document Appendix C Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro (May 2006) - (APPENDIX C ) Lease of Joint Millennial Campus)

As fraudulent stated by the Erskine Bowles Administration, Jim Phillips, Jr. Committee on Budget and Finance in UNC BOG documents Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro (APPENDIX G) (Oct. 10. 2003) and (APPENDIX C ) Lease of Joint Millennial Campus) (May 2006) which the 32 member unelected UNC Board of Governors approved. See Certified

Received pursuant Public Request from State Property Office was Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T.

Feb. 2, 2006, Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, was considered by UNCG Board of Trustees. Action item background information timeline from Feb. 2003 through Feb2, 2006 didn't indicated JMC was designed by UNC BOG.

Action Item background information says " in order to facilitate the GCID ability to perform its role as managed/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC by university counsels, GCID, and General Administration, emphasis added.

The Identified JMC property consisted of land owned by the State of North Carolina (Approximately 75 acres with 142,000 square feet of existing space at the former Central North Carolina School for the Deaf and approximately 75 acres adjacent to the NC A&T farm).... which unambiguous constitute the UNC Board of Governors alleged Oct. 10, 2003 designated NC A&T/UNC-G Millennial Campus, emphasis added. Lease Background said " This document has also been reviewed by the Office of the President (Bowles)."

UNC-G August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T

The University of North Carolina at Greensboro Board of Trustees Business Affairs Committee August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T was considered two month after May Board of Governors approval of Lease of alleged Joint Millennial Campus and three

month before alleged Lease of Joint Millennial Campus was considered by the Council of State. Chancellor Sullivan introduced John Merrill, Director of the GCID, and gave a short history of the Joint Millennial Campus to the new members of the Board of Trustees. John presented a power point presentation of findings of the consultant firm working on the Master Plan for the campus. John Merrill then requested approval from this Board of the Master Plan for the South Campus of the JMC (75 acres adjacent to the NC A&T Farm).

August 31, 2006 Action Item Background Information says " In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

UNCG August 31, 2006 Action Item: Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T clearly associated UNC Board of Governors un-law ground lease of Identified Joint Millennial Campus as alleged NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus.

Unambiguous no statuary NC G. S.: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated enabling Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of a Joint Millennial Campus . No lawful leased was executed by Board of Governors to the Greensboro Center for Innovative Development, Inc. for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NCA&T Farmland. Nor were NCA&T and UNCG partner institutions in a Joint Millennial Campus.

G.S. 116-198.34(5) was not applicable to alleged NCA&T-UNCG Joint Millennial Campus not defined by G.S. 116-198.33 (4B). alleged NCA&T-UNCG Joint Millennial Campus leases were subject to approval by the Governor and Council of State.

* BOG Meeting Material Graphic

[2] Ribbon Cutting Sets Gateway Project in Motion, The Aggie Report VOLUME EIGHT - NUMBER TWENTY - MAY 25, 2007 ].

[3] A&T CHANCELLOR PLANS TO RETIRE: FORT: GOALS COMPLETE, Greensboro News & Record - Friday, May 29, 1998 , BETH MCMURTRIE Staff Writer

4] UNCG and NC A&T partner to create joint program in nanotechnology, Sharlini Sankaran, October 8, 2007, North Carolina Board of Science and Technology,

5 Request to Establish NCA&T/UNCG Joint School of Nanoscience and Nanoengineering March 5, 2007

[6] Request to Establish NCA&T/UNCG Joint School of Nanoscience and Nanoengineering March 5, 2007

[7] ENGINEERING CENTER PLUGGED Greensboro News & Record - Saturday, December 14, 1991 Author: JUSTIN CATANOSO Staff Writer

[11] Jonnelle Davis (Nano, money No.1 on A&T, UNC-G list News & Record 10.04.2010)

[12] [UNCG Chancellor William E. Moran] [IM BASS UNIVERSITIES LAY CLAIM TO FUTURE - A&T, UNCG EAGER TO BOOST SCIENCE, ENGINEERING PROGRAMS Greensboro News & Record - Sunday, January 27, 1991

[13] Nanobiotechnology Center of Innovation North Carolina Biotechnology Center 20/11/2007

[15] High Research Activity The Scientist http://www.the-scientist.com/2007/03/01/s31/1

[16]Jack Scism TRIAD SCIENTIFIC RESEARCH CENTER: VIABLE DREAM OR PIE IN THE SKY? , JACK SCISM, Greensboro News & Record - Monday, July 20, 1992

[17] [Wilbur Ross forms partnership to invest in nanotech firms Monday, May 23, 2005 http://triad.bizjournals.com/triad/stories/2005/05/23/daily6.html

[18][UNCG, A&T University will need to be leaders in the charge for high-tech industry in the Triad Nov 9, 1998, 12:00am EST Ken Mayer Editorial

[19] [2] UNIVERSITIES TO SIGN RESEARCH Agreement, Greensboro News &Record - Wednesday, May 19, 1999 , Author: TIM THORNTON Staff Writer

Alleged Dr. Alton Thomas and David H. Perrin signed transmittal to Dr. Belle Wheelan, President, COC dated May 24, 2010

UNCG and NC A&T partner to create joint program in nanotechnology, Sharlini Sankaran, October 8, 2007, North Carolina Board of Science and Technology,

[26] Kevin Holland, Contracting Officer GSA July 3, 2006 letter to John Merrill. Re: U.S. Department of Agriculture, natural Resources Conservation Service (NRCS) Lease Project, Greensboro , NC

[27] Could Greensboro Support Research Park? News & Record Oct.19.1997 Beth McMurtrie.

[35] RECOGNIZING, DENOUNCING AND APOLOGIZING ON BEHALF OF THE CITY OF CHARLESTON FOR THE CITY’S ROLE IN REGULATING, SUPPORTING AND FOSTERING SLAVERY AND THE RESULTING ATROCITIES INFLICTED BY THE INSTITUTION OF SLAVERY AND FURTHER, COMMITTING TO CONTINUE TO PURSUE INITIATIVES THAT HONOR THE CONTRIBUTIONS OF THOSE WHO WERE ENSLAVED AND THAT ASSIST IN AMELIORATING REMAINING VESTIGES OF SLAVERY.