usda-052923

"There is one (sovereign) power, one God regardless the name and one humanity"; There is only one King (of kings) and one King maker and I'm it -- said Jehovah

North Carolina A&T is where the students made the bricks to build the building in which to be educated. "Hate is a virus with no cure." All (HBCU) North Carolina A&T has is a little land and few degrees and they want to take that - defeat their plan said the LORD. A tool in the LORD's toolbox, my shepherd, black and proud, Jesus Christ Michael J. Pippen, Sr. since 1949. Wingmen Archangels Gabriel & Michael & Armies -- to plow the road--don't be in the road. As the minister said the LORD can take it away from you or you away from it.

UNC Board of Governors depriving HBCU NCA&T rule of law, alleged NCA&T/UNCG Joint Millennial Campus designation, foreclosed NCA&T University's Millennial at (NC A&T Farm) 2900 East Lee Street Greensboro, NC; forced HBCU NC A&T into a shotgun de facto Joint Millennial Campus with across town HWI UNC-Greensboro; diverted NC A&T Memorandum of Understanding with the USDA and resources to Greensboro Center for Innovative Development alleged Joint Millennial Campus and deprived HBCU NCA&T of Nanoscience degrees, etc.

UNC Board of Governors/UNC System Office employed bogus NCA&T/UNCG Joint Millennial Campus claim and unlawful lease of NC A&T farmland ruse to divert NCA&T USDA Sole Source agreement to UNCG Affiliate Gateway Research Park, Inc. 05.29.23

North Carolina A&T Millennial Campus

HBCU institution North Carolina A&T, one of the state's two land grant institutions, has programs throughthe doctoral level. Its programs include engineering, arts and sciences, agricultural and environmental sciences, business and economics, education, nursing, technology, and graduates studies. “ The expected roles of a land-

grant institution, is teaching agriculture and engineering, and providing cooperative extension services”. NC A&T's 2001 amend University Master Plan called for developing 75 acres of land along East Lee Street targeted to develop new opportunities for both research and education in both the private and academic arenas between the University's technology and agricultural research and its students, which didn't include across-town historical white UNC Greensboro and its members of the Greensboro business community.

Emerging from a legislative mandated study HB 1264 , Staying a Step Ahead, to ensure the State's citizens are academically prepared and equipped for current job opportunities and jobs of the future in North Carolina's growing knowledge economy, explicitly referred to research clusters Public Health, Biotechnology, Bio & Food Sciences, Advanced Materials & nanotechnology, Computational Science & Engineering, Leadership & Community development, Information Sciences & Technology, Transportation & Logistics, and Energy & Environment created by HBCU NCA&T.

Negotiation began in 2002 and September 2004 NC A&T State University celebrated

the sighing of Memorandum of Understanding with the U.S. Department of Agriculture (USDA) with the opening of the National Resources Conservation Services Eastern Regional Technology Center whose service area consisted of 24 states and the Caribbean area. The Greensboro Center was also home to the remote

sensing lab. The Memorandum of Understanding says A&T has a working farm with modern facilities and farm equipment. NRCS will benefit from the use of this farm by being able to provide hands-on training to NRCS employees. NRCS can sponsor field studies that can serve as

demonstrations to both NRCS trainees and also local and regional farmers.

This memorandum of understanding (MOU) is between the United States Department of Agriculture’s Natural resources Conservation Services, herein after referred to as the NRCS, and the North Carolina A&T State University, herein referred to as A&T.

Purpose

The primary objective of this agreement it to forge a close working

relationship between NRCS and A&T that fosters collaboration an

cooperation in a joint effort to improve the use of natural resources in the

nation as a whole, and particularly in North Carolina.

Both parties will achieve the activities herein through a commitment to working together for the benefit of both parties and the benefit to each organization’s customer base that include the agricultural community as well as citizens through the U.S.

Background

The NRCS delivers USDA programs and provides technical assistant in natural resources conservation planning and implementation to a variety of producer groups including low income and minority producers. One of A&T major constituents is low income and minority producers.

A&T and NRCS have opportunities in the area of training to assist each other complete this ongoing task. A&T has classroom facilities, equipment, software, laboratories, and a library that can all be used to assist in the training of NRCS staffs and its conservation partners (e.g., conservation district supervisors and employees, state staffs, and technical service providers)

NRCS and A&T can engage in demonstrations and field studies on natural resource conservation areas that specialists and faculty with similar interest can investigate collectively.

A&T and NRC have faculty and specialist with similar education backgrounds, research experience, and applied scientific kills that can be used to address a multitude of complicated field situations. It would be beneficial to crate short-term exchanges between employees from the two organizations, which would benefit the organizations as well as producers, students, and communities.

NRCS has a need to diversity its workforce and A&T has a diverse student population. Some A&T students study and conduct research on natural resource conservation topics, which often coincide with the mission of the NRCS. Student internships, auditing of NRCS training classes, and NRCS sponsored projects funding would benefit both organizations.

A&T has a working farm with modern facilities and farm equipment. NRCS will benefit from the use of this farm by being able to provide hands-on training to NRCS employees. NRCs can sponsor field studies that can serve as demonstrations to both NRCS trainees and also local and regional farmers. A&T’s constituents will also benefit from this type of applied investigation. Finally, A&T faculty and students can also benefit academically by conducting scholarly research and publishing this information.

Notwithstanding NCA&T's 2001 Master Plan update calling for establishing a university Millennial

Campus at the farm, credited in the media as the work of UNC-G district NC Senator Kay Hagan, June 30, 2003, the General Assembly, Session Law 2003-294, Section 6.20, reallocated former Central School of the Deaf from the State property Office to UNC BOG to be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University.

UNC Board of Governors Committee for Budget and Finance July 2003 recommend Law 2003-2984,Section 6.20 Transfer of Land for the Millennium Campuses of UNC Greensboro and NC A&T State University.

NCGS § 116-198.34....Upon formal request by the constituent institutions, the Board of Governors may authorize two or more constituent institutions which meets the requirements of this section to create a joint Millennial Campus.

Published as "the most plugged-in attorney in North Carolina", northcarolina.edu minutes claim City of Greensboro Lobbyist, Greensboro Attorney Jim W. Phillips, Jr., Committee Budget and Finance Chair speaking before Board of Governors stated that the Boards of Trustees at North Carolina A&T State University and


Video	Link	Lease

the University of North Carolina at Greensboro requested that the land formerly designated for the Central School for the Deaf and 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, alleged approved Oct. 10, 2003, at Appalachian State.

"This tract of land is part of the Seventy Five acres we carved out for Gateway University Research Park." said Chancellor Martin Link

Public Record Reply from UNC-Greensboro for statutory required request to establish a Joint Millennial Campus produced alleged Chancellors signed

Document dated Aug. 22^nd, 2003. Alleged Chancellors signed document stated: "we are pleased to inform you that this proposal has been approved by both of our Boards of Trustees and is supported by local community leaders and organizations including Action Greensboro. Copies of the Resolutions passed by the N.C. A&T State University Board of Trustees on August 22, 2003 and by The University of North Carolina at Greensboro Board of Trustees on August 22, 2003 are enclosed. Emphasis added

Recommended by Chancellors Renick and Sullivan, NC A&T and UNC-G Board of Trustees duplicate Resolutions: In Support of The Creation of a Joint Millennial Campus between NC A&T and UNCG, dated Aug. 22, 2003, and Aug. 28, 2003, called for seeking designation of Joint Millennial Campus in terms of the Central North Carolina School of the Deaf real estate, transferred to UNC Board of Governors for the purpose of establishing a Joint Millennial Campus. Universities' resolutions seek designation of Joint Millennial without a syllable pertaining to a 75-acre parcel of NCA&T farmland, statutory foreclosed Greensboro attorney Jim W. Phillips, Jr. alleged NCA&T/UNCG Joint Millennial Campus inclusive of NC A&T Farmland.

Proposed Lease was smoking Gun No statuary NCGS: 116-198.34.(8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 10, 2003 by UNC Board of Governors for Session Law 2003-284, Section 6.20, land and facilities, and 75-acre parcel of NCA&T Farmland.

NCA&T Solicitation 5NC0075 to locate the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory on the North Carolina A&T State University Millennium Campus was redirected Greensboro Center for Innovative Development pursuant bogus Joint Millennial Campus

NC Charlotte established the Charlotte Institute for Technology Innovation in

December 2000. Alleged in media "The nonprofit organization that runs the (UNCC's affiliated research) park borrowed the money for the first building and infrastructure at the park" [ Campus Partnerships Tim Thornton, Greensboro News & Record September 5, 2000.] UNC Board of Governors’ designated the Institute a `Millennium Campus in 2002. Note : Construction of necessary infrastructure and three academic/research building are to be accomplished with funds earmarked from the higher education bonds passed in November 2000 (2002 Designation of Property as a "Millennial Campus- The University of North Carolina at Charlotte).

GCID John Merrill & NC A&T Renick " It maybe the USDA is our first tenant at the south campus the result of them leasing a long term lease will allow us to build a structure out there" Video Report

Feb. 2, 2006, Lease Agreement between the Greensboro Center for Innovative Development and UNCG was considered before UNCG Board of Trustee's Business Affairs Committee. Tom Ross moved to approve the recommendation leasing Identified JMC. William Pratt seconded the motion and it was unanimously approved for recommendation to the full Board.

John (Merrill) stated that the ground lease was designed to give more flexibility for development, use state funds and work with the facility staff of both UNCG and NCA&T. The USDA is a possibility for the anchor tenant. The template was designed by Skip Capone, Leslie Winner and representative from NC A&T and the Financial Department in General Administration. Following approval by both Boards of Trustees, the lease will be submitted to the Board of Governors, then the Council of State and finally the Governor. Emphasis added.

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.

Action item background information:

Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,

In order to facilitate GCID ability to perform its role as manager/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC,

Properties Identified as the JMC consist of owned by the State of North Carolina ( Approximately 75 acres at the former Central North Carolina School for the Deaf and 75 acres adjacent to the NC A&T farm, and

This document has also been reviewed by the Office of the President [ Erskine Bowles Office]

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 NCA&T farm).... which unambiguous constitute the UNC Board of Governors alleged Oct. 10, 2003 designated NCA&T/UNC-G Millennial Campus, emphasis added. Lease Background said " This document has also been reviewed by the Office of the President (Bowles)."

Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was recommended, to The Board of Trustees of The University of North Carolina at Greensboro and recommended approval to the Board of Governors, recommended by John R. Merrill Executive Director, Greensboro Center for Innovative Development.

UNCG Board of Trustees Feb. 2, 2006 approved Lease Agreement between

the Greensboro Center for Innovative Development and UNCG and NCA&T and recommend approval to the Board of Governors.

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject UNCG/NC A&T Joint Millennial Campus said: A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NCA&T Joint Millennial Campus here in Greensboro (the former Central North Carolina
School for the Deaf and a similar size parcel adjacent to the NC A&T farm property). We have completed the "draft" and it has been accepted by Greensboro Center for Innovative Development (GCID) Board of Directors( January 31, 2006) and the UNCG Board of Trustees (February 2, 2006). We present it to the NCA&T Board of Trustees on February 15, 2006 and we are confident it will be approved. Upon approval, it will go to the UNC Board of Governors for their approval and then it will formally come to the State Property Office for review. " "I wanted to get a copy to you in advance for your convenience...attached is that copy." "Please note the document was crafted with counsel for both universities (Skip Capone and Camile Kluttz-Leach), the GCID (Lee Lloyd and Bo Rodenbough), and the UNC System (Leslie Winner and Rob Nelson..." (emphasis added) [SPO -PRR] John R. Merrill Feb 10, 2006 email to Tommy Cline Subject Ground Lease - UNCG/NC A&T Joint Millennial Campus.

Draft Lease Ground lease Agreement between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development (Lessee) for Joint

Millennial Campus Greensboro, North Carolina. Land 1.1.3 The two separate tracts or parcels of real estate, denominated the North Campus and South Campus and collectively comprising the" Joint Millennial Campus" homonymic terminology consistent Chancellor Sullivan and Renick Sept. 24, 2006 proposed Joint Millennial Campus and Board of Governors alleged Oct. 10, 2003 designated JMC obfuscated lease real estate wasn't statutory (NC. GS. § 116-198.34.(8b) designated JMC

Leasing agent with the State Property Office Pan Strickland contacted GCID Executive Director John Merrill in regards to lease forwarded to (Attorney General Office) Tommy Cline via email March 01, 2006

NC A&T Board of Trustees Table Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T

Memorandum from Chair Velma Speight-Bluford to Executive Committee dated

February 22, 2008 RE: Ground Lease Agreement-Millennial Campus stated: At the Board meeting on Wednesday, February 15, 2006, John Merrill, Director of the Greensboro Center for innovative Development, presented for approval a Ground lease Agreement Between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development. Inc. (Lessee) for the Joint Millennial Campus of Greensboro, North Carolina..

NC. A&T Executive Committee acting alone did not have the authority to over ride the full board decision.

Chairwoman Speight-Buford February 22, 2006 Memorandum to the Board of Trustees Executive Committee , By majority vote, the Board decided that more time was needed to review the document (Ground Lease Agreement Between the State of North Carolina (Lessor) and the Greensboro Center for Innovative Development, Inc. (Lessee) for the Joint Millennial Campus of Greensboro, NC.) I announced that I would seek approval of the document by way of the Executive Committee.

NCA&T Executive Committee acting alone did not have the authority to over ride a Board decision.

March 06, 2006 the General Services Administration "GSA" posted notice U.S. Government Intends to Lease Space on the NC A&T Millennial Campus in Greensboro, North Carolina (Solicitation Number: TNCOO75). Response date March 10, 2006.

Location: A negotiated action under Solicitation 5NC0075 will result in a non-competitive award to locate the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory on the North Carolina A&T State University Millennium Campus.

Amount of Space: The U.S. government intends to lease a total of 24,680 rentable square feet921,461 contiguous BOMA usable square feet ) and six (6) reserved outside parking spaces based on the determination that this is within the best interest of the U.S. Government. This space will be made available for use buy the USDA Natural Resources Conversation Service's East National Technical Center and East Remote Sensing Laboratory personnel, furnishings and equipment to maintain mission critical engineering, research, development, and academic requirements.

Email from John R. Merrill to Terrance Feravich (UNC-GA) Subject Ground Lease stated: "Following up on the ground lease issue for the GCID. I have downloaded the PO1 from the state property office and I need to connect with the attorney's for the universities to complete the document (at least to the best of our ability). I realize we're under the gun to get this on the April agenda but what's my deadline.?

Email from John R. Merrill to Terrance Feravich (UNC-GA) Subject Ground Lease may indicate source of PO1 was the Greensboro Center for Innovative Development ( non-state agency) rather than UNC System.


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. 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. video

Unambiguous no statuary NCGS: 116-198.34. (8b)NC A&T/ UNCG Joint Millennial Campus was designated Oct. 10, 2003 enabling Greensboro Center for Innovative Development, Inc. to administer the educational, research, and economic development mission of a Joint Millennial Campus and leased to Gateway Research Park, Inc.

Property Lease of Identified JMC portrayed as lease of NCGS: 116-198.34. (8b) designated Joint Millennial Campus
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.

Notwithstanding Erskine Bowles General Administration submission of Acquisition of Real Property PO-1, dated March 13, 2006, to Department of Administration, State Property Office for the purpose to establish Joint Millennial Campus for NCA&T and UNCG; claiming this action has been approved by NCA&T and UNCG Board of Trustees.



The Bowles Administration May 2006, recommended approval of UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, containing known false claim:
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.

UNC BOG Committee on Budget and Finance document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro was considered by Budget and Finance committee May 11, 2006.

May 11, 2006 Meeting Minutes of the Board of Governors Committee on Budget and Finance allege Mr. Merrill presented information in support of the agenda item Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro. Agenda Item says:

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,... that would administer the educational, research, and economic development mission off the Joint Millennial Campus.

Allegedly Board member Peter Hans was on Board of Governors Budget and Finance Committee when Lease of Joint Millennial Campus was approve by committee and by the full Board of Governors chaired by Jim Phillips on the Consent Agenda. Lease stated Now, the Boards of Trustees of NCA&T and UNCG were 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 would administer the educational, research, and economic development mission of the Joint Millennial Campus..

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.

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.

Public Record requests to Erskine Bowles UNC BOG/GA for the statutory requirements to establish the NC A&T/UNCG joint Millennial Campus (JMC) , allegedly made by Committee on Budget and Finance, expressed by Greensboro Attorney Jim W. Phillips, Jr. before the Committee and Board of Governors [ Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro- Oct. 10, 2003,]; And Erskine Bowles Administration Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro - May 2006.

Reply from Ms. Joni Worthington [Vice President for Communications UNC General Administration] ” we have provided hundreds of pages of documents related to the establishment of the joint campus and joint school. If the requested documents exist, they would be included in the documents we’ve already provided, since I’ve given you everything we have.” Emphasis added. Notwithstanding hundreds of pages of documents, including multiple copies of the same email, related to the establishment of the joint campus and joint school UNC BOG/GA didn't produce Board authorization establishing the (NC A&T & UNCG) Joint Millennial Campus and NCGS § 116-198.34.(8b) statutory requirement/ lease:

•Consultations and recommendations establishing the Joint Millennial Campus;
•Documents the basis for the determination that the campuses had the administrative and fiscal capacity required;
•President Recommendation to establish Joint Millennial campuses;
•NC A&T and UNCG Request to Establish Joint Millennial;
•NCA&T and UNCG Request to Lease alleged Joint Millennial Campus

Certified Public Record Requests to UNC BOG/GA and Universities for documents pertaining to Designation of Millennial Campuses and Lease of Joint Millennial Campus

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

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.

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 Form PO-2 for dispositions to the State Property Office. 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., 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 did not 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 pursuant, Ground Lease Agreement between The State of North Carolina (Lessor) and Gateway University research Park, Inc. (Lessee) was received.

Lease of Joint Millennial Campus 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, 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

It is recommended that the request of the Board of Trustees of North Carolina A&T State University and the Board of Trustees of The University of North Carolina at Greensboro be approved and transmitted to the Council of State for final action.

Received from the State Property Office was unsigned P0-1. 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. Action was recommending the above was taken by the Governing Board of NCA&T and UNCG and is recorded in the minutes thereof on date. (blank).

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.

Note: P0-1. 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).

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.

Pursuant Public Record Requests no PO-2 (lease) document was received from State Property Office indicating UNC System Office leased (formerly 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 to Gateway Research Park, Inc.

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 Committee and Budget and Finance recommended ground lease of the land and existing improvements for the Joint Millennial Campus to the Greensboro Center for Innovative Development ; ANNUAL REPORT indicated Actions taken under the delegated authority would be reported at the next scheduled meetings. UNC System did not acquire Session Law 2003-284, Section 6.20, reallocated former Central School of the Deaf from the State property Office to Board of Governors and and a 75 - acre parcel of land currently comprising a portion of the North Carolina A&T State University Farm between July 1, 2005 through June 30,

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.

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
This correspondence correspondence to your June 30, 2006 inquiry concerning the status of this project as a firm action that will move forward. As I have advised on numerous occasions and want to reiterate, this particular project is an endeavor which was approved by the U.S. General Services Administration as a

sole-source" procurement based upon the unique requirements provided by the NRCS...As such, we have been working and are committed to diligently pursing satisfaction of NRCS need for space to be located on the campus of North Carolina Agricultural & Technical State University through a negotiated lease procurement. As I am aware this is a joint project of North Carolina Agricultural & Technical State University and the University of North Carolina at Greensboro. Emphasis added

Bridgette L. Chase, Jones Lang LaSalle Americas, August 8, 2006 Email to Mr. John R. Merrill, Executive Director GCID indicated. This letter is in regards to SFO #5NC0075 for the USDA Natural Resources Conservation Service in Greensboro, North Carolina. Please carefully review your proposal for the project located at the North Carolina A&T University Campus, Greensboro, North Carolina and submit your best and Final Offer (BAFO) no later than close of business on August 15, 2006. Emphasis added.

August 14, 2006 Terrance Feravich email to Joe Henderson, John Webb, CC Robert Nelson; John Merrill: I was hoping that we might have an opportunity to sit

and walk through any hurdles that you see in proposed lease between NCA&T/UNCG joint Millennial Campus and GCID. Talking with John of Friday. I've learned that he has gained a significant commitment from the USDA for up to a 50,000 sq. ft. new building. While they understand that we are working hard at getting things properly set-up for all parties and are being patient, my sense is that it would be in the best interest of this new venture to get that first client off to a healthy and timely start. I'll be in Raleigh Wednesday for a couple of meetings ... and would welcome the opportunity to work the issues that you are see in the lease. I know that John Merrill is also pretty flexible this week is well. Sorry to be a bit of a pest with this important issue and I appreciate your understanding.

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.

Joe Henderson Memorandum dated September 28, 2006 to Don Teeter subject: Joint Millennial Campus, Greensboro (JMC) says: UNC General Administration has requested that the State Property Office approved and accept its concept for developing the JMC which involves a lease of the existing Land and facilities to a nonprofit created by the campuses (UNCG and NCA&TSU) and subsequent subleases to tenants that will occupy the JMC. A copy of the proposed lease to the nonprofit is attached for your review.

Applicable statues that I am aware of include the "Centennial Campus, the Horace Williams campus and the Millennial Campus Financing Act" (NCGS 116, Article 21B) as well as NCGS 146 and NCGS 143-341.

Your response within the next week, or so is urgently requested. A transaction involving the first tenant at the JMC is pending, and the Procedures we will follow for that lease must be decided within the next two weeks in order to meet agenda dead line for the University, Governmental Operation and Council of State.

John (Merrill) stated that the ground lease was designed to give more flexibility for development, use state funds and work with the facility staff of both UNCG and NCA&T. The USDA is a possibility for the anchor tenant. The template was designed by Skip Capone, Leslie Winner and representative from NC A&T and the Financial Department in General Administration. Following approval by both Boards of Trustees, the lease will be submitted to the Board of Governors, then the Council of State and finally the Governor.

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject UNCG/NC A&T Joint Millennial Campus said: A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NCA&T Joint Millennial Campus here in Greensboro (the former Central North Carolina

School for the Deaf and a similar size parcel adjacent to the NC A&T farm property). We have completed the "draft" and it has been accepted by Greensboro

Center for Innovative Development (GCID) Board of Directors( January 31, 2006) and the UNCG Board of Trustees (February 2, 2006). We present it to the NCA&T Board of Trustees on February 15, 2006 and we are confident it will be approved. Upon approval, it will go to the UNC Board of Governors for their approval and then it will formally come to the State Property Office for review. " "I wanted to get a copy to you in advance for your convenience...attached is that copy." "Please note the document was crafted with counsel for both universities (Skip Capone and Camile Kluttz-Leach), the GCID (Lee Lloyd and Bo Rodenbough), and the UNC System (Leslie Winner and Rob Nelson..." (emphasis added) [SPO -PRR] John R. Merrill Feb 10, 2006 email to Tommy Cline Subject Ground Lease - UNCG/NC A&T Joint Millennial Campus.

Letter dated Aug. 16, 2006 from Joseph H. Henderson, Director NC Department of Administration to State Budget Officer David McCoy soliciting input pertaining to Lease stated UNC-General Administration is pressing to move forward with the 50-year lease (the agreement with GCID has already been executed)."

UNC-GA without authority to do so executed lease for real property identified as Joint Millennial campus with the Greensboro Center for Innovated Development which has not been approved by the by the Council of State and Governmental Operations, reviewed by the Attorney General and sighed by the Governor.

Note: Expansion of Millennial Campus - The University of North Carolina System Office May 25, 2022

Expansion of Millennial Campus -The University of North Carolina System Office. Background The UNC System Office requests approval to expand the Millennial campus designation to include the Spangler Complex which includes two parcels, totaling approximately eight acres, located at 910 Raleigh Road, Chapel Hill, NC. The millennial campus designation currently includes Gateway Research Park-North Campus in Brown Summit, NC, and Gateway Research Park-South Campus in Greensboro, NC. The millennial campus is approximately 150 acres, and is leased to Gateway Research Park...

Issue overview indicate G.S. 116-198.34 (8b) grants the Board of Governors authority to designate real property as a millennial campus when recommended by the president... . The University System Office ( UNC System Office) is requesting an expansion of its millennial campus ... 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. Issue Overview did not indicated authority for UNC System to designate UNC System Office millennial campus.

NCGS 116- 198.33(4b) (2020) : 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 or affiliated institution of The University of North Carolina ... Unambiguous UNC System Office 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 does not constitute NCGS 116- 198.33(4b) Board of Governors designated Millennial campus.

Neither UNC-General Administration, NCA&T nor UNCG had authority to execute ground lease to GCID not accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and approved by the Council of State.

Sandy new lease for Millennial Campus at Greensboro

Prior to Council of State approval of Lease of allege Joint Millennial Campus, Greensboro Center for Innovative Develop John Merrill sign lease to lease space for yet to built facility to USDA on land yet to be leased to GCID, in October 2006.

Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro says: The lease of the land 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. Prior to approval of Lease of alleged Joint Millennial Campus by the council of State. The Greensboro Center for Innovative Development claiming to be the NCA&T/UNCG Joint Millennial Campus signed a 10 year lease for space for the USDA at NC A&T farm prior to approval of the lease by the Council of State in Nov. 2016.

Joseph Henderson email subject: Re; Follow-up, dated Oct. 20, 2006 to John Merrill asked: By the way, what is the schedule for GCID to execute the USDA Lease? Does that sublease also need to be on the November Council of State agenda or can we wait until the December meeting.

John Merrill email dated Oct. 23, 2006 to Joseph Henderson Subject: Re: Follow Up. Regarding the USDA. Assuming we have the Ground Lease issues resolved by mid to late November, the USDA deal is sublease for space only. The GCID would be construction the facility (using non-state funds) and would lease a portion of the facility to the USDA for a 5 year "firm" term w/ a 5 year stated option. So the entire lease would be 10 years or less, which I understood did not require COS approval. is that not the case?

Joseph Henderson email dated Oct. 23, 2006 to John Merrill, Subject RE. Follow up said, John you are correct! For some reason I though the USDA Lease was a 20 year deal (5 year firm).

Unambiguous GCID Executive Director John Merrill USDA lease was not pursuant lease of land accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration and approved by the Council of State.

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.

Received from State Property Office: 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:

Timeline from Feb. 2003 through Feb2, 2006 does not indicated JMC was designed by UNC BOG,

In order to facilitate GCID ability to perform its role as manager/developer it was determined by counsel for the universities and the GCID to pursue a master lease for the properties identified as the JMC,

Properties Identified as the JMC consist of owned by the State of North Carolina ( Approximately 75 acres at the former Central North Carolina School for the Deaf and 75 acres adjacent to the NC A&T farm, and

This document has also been reviewed by the Office of the President [ Erskine Bowles Office]

UNCG Board of Trustees Feb. 2, 2006 approved Lease Agreement between

the Greensboro Center for Innovative Development and UNCG and NCA&T and recommend approval to the Board of Governors.

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." GCID Executive Director knew or should have known ground lease was for property identified as the JMC.

Greensboro Center for Innovative Development Executive Director John Merrill and The State Property office knew or should have known no statuary NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 2003 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 NCA&T/UNCG JMC for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NC A&T Farmland and G.S. 116-198.34(5) exemptions did not apply to GCID Lease with USDA as well as UNC Board of Governor alleged Lease of Joint Millennial Campus.