UNC System State Property Office Raleigh Two Step

UNC System Office / State Property Office "Raleigh Two Step" : UNC System /Gateway Research Park lease

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.

Mr. Terrance C. Feravich, P.E., UNC University Property Officer document addressed to Joseph H.

Henderson, Director, State Property Office says Please find attached property actions approved by the Board of Governors at their May 12, 2006 meeting. Other back-up materials including PO-1s and/or PO-2's are also attached where appropriate. Please seek approval of these actions by the Governor and Council of State and the Joint Legislative Commission on Governmental Operations if required. Feravich document enclosure include Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro ( May 2006) . (Upon the approval of the Board, the University's

Associate Vice President for Finance and Property Officer forwards such proposals to the Council of State for final action.) Mr. Terrance C. Feravich, P.E., University Property Officer May 15, 2006 letter to Department of Administration didn't included a 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.

Received from the State Property Office, pursuant Public Record Requests May 2006 Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina was received.

Lease of Joint Millennial Campus, May 2006, indicate: 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, emphasis added. Note: Which unambiguous alleging designation of Millennial Campus Oct. 2003.

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

Lease of Joint Millennial Campus (May 2006) – indicated the lease of the will be accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and must be approved by the Council of State.

Received from the State Property Office was unsigned Acquisition of Real Property by lease dated March 13, 2006, 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).

UNC System March 13, 2006 Acquisition of Real property by lease indicate this property is purpose to establish a Joint Millennial Campus for North Carolina A&T State University (NCA&T) and the University of North Carolina at Greensboro (UNCG).

Description of Property. Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf.

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.

Received from the State Property Office ("SPO") The Board of Governors May 12, 2006 allegedly passed Lease of Joint Millennial Campus -- NCA&T and UNCG. The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was approved by the Hanna Cage Committee on Budget and Finance; forward to full UNC BOG where it was approved on the consent agenda, and forwarded to be processed by the State Property Office.

The Annual Report Of The Committee On Budget And Finance To The Board Of Governors Of The University Of North Carolina for July 1, 2005 through June 30, 2006, indicate 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 and UNCG).

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 Requests, no signed P0-1 document was received from the State Property Office ("SPO") nor NCA&T/UNCG Board of Trustee minutes indicating the Board of Trustees at NCA&T/UNCG recommended UNC System Acquisition by Lease to established an NCA&T/UNCG Joint Millennial Campus . Two parcels: Approximately 75-acres of property located adjacent to the NCA&T Farm and Located on Lee Street. Approximately 75 acres of property and facilities formerly know as the Central North Carolina School for the Deaf.

UNC-GA did not hold or acquire Central School for the Deaf allocated to the Board of Governors by the 2003 Session of the General Assembly and 75 - acre parcel of land comprising a portion of the North Carolina A&T State University Farm, to establish a/k/a Joint NCA&T/UNCG Joint Millennial Campus nor lease to Gateway University Research Park, Inc

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

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.

Received from the State Property Office, pursuant Public Record Requests pursuant 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.

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

Lessee: Gateway University Research Park

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.

Article II Land, Term and Use, 2.4 incorporates Lessee and any sub lessee exemption from obtaining prior written consent of the Lessor after approval by the Governor and Council of State for subleases for space less than ten (10) years.

N.C. G.S. 116-198.34(5) 10-year Space lease exemptions applies only to Board of Governor designated G.S. 116-198.33(4b) Millennial Campuses

Original Message from Terrance Feravich to John Web
cc Robert nelson: John R. Merrill sent August 14, 2005

Joseph Henderson wrote:
Terry

We can deal with the new building under our existing procedures. Let's not let the proposed lease get in the way of that.

My view of the proposed lease is that the General Assembly limited the millennial campuses to space leases not exceeding ten years. I was present at the committee meetings and have an understanding of the concerns at that time and why the ten year limit was imposed and the Council of State was kept in the process. I can't support an action (this lease) that circumvents the general assembly's intent. There are number of ways to provide for the effective administration of this campus other that the proposed lease. 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).

§ 116-198.34. General powers of Board of Governors

The Board may exercise any one or more of the following powers:

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. Emphasis added.

No statuary NCGS: 116-198.34 (8b) NC A&T/ UNCG Joint Millennial Campus was designated by UNC Board of Governors



The State Property Office received Greensboro Center for Innovative Development, Inc. timeline which indicated no JMC was designated Oct. 2003 etc., Erskine Bowles Administration PO-1 dated March 16, 2006 Acquisition by Leases for the purpose of establishing a NC A&T/UNCG Joint Millennial Campus, and UNC Greensboro Board of Trustee February 2, 2006 Action Item: Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T for property identified as the Joint Millennial Campus.

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.

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 Recommended by John Merrill 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."

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."

GCID Executive Director John Merrill, UNCG Board of Trustees, UNC Board of Governors knew or should have known ground lease was for property identified as the JMC and not UNC Board of Governors designated JMC, and exception from Governors and Council of State approval for space leases of 10 years or less G.S. 116-198.34(5) did not
apply to alleged lease.

SPO Joseph Henderson, GCID Executive Director John R. Merrill, UNCG Counsel Lucien Capone knew or should have know that no NCA&T/UNCG Joint Millennial Campus was designated. N.C. G.S. 116-198.34(5) exemption did not apply to USDA space lease, on NCA&T farm properly which had not been approved by the Council of State. That the USDA Lease for space should have been approved pursuant G.S. 143-341 and Chapter 146 of the General Statutes by the Council of State.

Expansion of Millennial Campus - The University of North Carolina System Office May 25, 2020

Issue overview indicate G.S. 116-198.34 grants the Board of Governors authority to designate real property as a millennial campus. The University System Office is requesting an expansion of its millennial campus to include the Spangler Complex... The UNC System Office previous designated 150 acres as a millennial campus consisting of Gateway Research Park-North Campus in Brown Summit, NC and Gateway Research Park-South Campus in Greensboro, NC.

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 PRR-22-23 document referred to UNC System Millennial campus nor its lease to Gateway Research Park.

Board of Governors' document 2023 institutions with millennial campus designations and the UNC System, indicates UNC System millennial campus authorized in 2003 and 2022 and does not indicate a NCA&T/UNCG joint Millennial Campus 2003.

2023 UNC SYSTEM MILLENNIAL CAMPUS REPORT issue overview indicated G.S. 116-198.3(8a) and (8b) provides the University of North Carolina Board of Governors the authority to designate real property and appurtenant facilities to be included as part of a millennial camp. 2023 Millennial Campus Report did not indicate source of authorization for UNC System to designate UNC System Millennial Campus.


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 property and facilities formerly known as the Central North Caroling School for the Deaf. Proposed 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, nor part of UNC System Millennial Campus in 2003 and leased to Greensboro Center for Innovative Development. Video Video

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