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Black Triad News. Com
"News and Views of People of Color in the Triad and Beyond" |
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01.26.26. |
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| The Board of Governors
May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent
agenda. |
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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,
to be forwarded to be processed by the State
Property Office. |
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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. |
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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.
600.1.4 (4.) 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. |
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| In 2006, the Board
delegated authority to the President to
execute leases with annual costs up to
$350,000 and property acquisitions or
dispositions for up to $500,000. Actions
under delegated authority would e reported
to the Committee at its next meetings.
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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. Emphasis
added. |
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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.
Mr.
Terrance C. Feravich, P.E., University
Property Officer May 15, 2006 letter to
 Department of Administration didn't included
application ( 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. |
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| Lessor UNC General Administration,
Lessee
Gateway University
Research Park. Purpose
Property
to be developed as a Joint Millennial Campus for NCA&T
State University and UNC-Greensboro. |
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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. |
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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:
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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.
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| Note:
Pursuant
Public Record Request RR-00312 UNC
System did not identify a specific
statue authorizing system designation of
a millennial campus. |
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Received from the State
Property Office, pursuant Public Record
Requests was an UNC
System application Acquisition of Real
property by lease (PO-1) dated March
13, 2006 for the purpose of establishing
Joint Millennial Campus for North
Carolina A&T State University (NCA&T) and
the University of North Carolina at
Greensboro (UNCG).
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Purpose: To
establish Joint Millennial Campus for NC A&T
State University and the University of North
Carolina at Greensboro.
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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.
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| PO-1 form
section Complete if Agency has a Governing
Board., allege Action recommending the above
request was taken by the Governing Board of
NCA&T and UNCG and is recorded in the
minutes thereof on was blank as well as the
_(date) as well no signature and title
indicated. |
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| 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.?
Emphasis added. |
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| Email from John R. Merrill to
Terrance Feravich (UNC-GA) Subject Ground Lease
indicate Greensboro Center for Innovative Development (
non-state agency) was complicit with UNC System PO1. |
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Pursuant Public Record Requests, no
signed
Acquisition of Real property by lease
P0-1 document was received from the State
Property Office ("SPO") nor NCA&T/UNCG Board of Trustee
minutes indicating Board of Trustees for NCA&T/UNCG
recommended UNC
System Acquisition by
lease to established proposed NCA&T/UNCG Joint
Millennial Campus for 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. |
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Without Board of Governors designated Millennial campuses NC A&T
and UNCG did not have property rights to
Session Law 2003-284, Section 6.20, property. |
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| Received from the State
Property Office, pursuant Public Record
Requests Lease of Joint Millennial
Campus -North Carolina A&T State University and
The University of North Carolina dated May 2006,
was smoking gun UNC
System application Acquisition of Real
property by lease (PO-1) dated March
13, 2006 for the purpose of establishing
Joint Millennial Campus for North
Carolina A&T State University (NCA&T) and
the University of North Carolina at
Greensboro (UNCG) was invalid,
malfeasant and fraudulent. |
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| Lease
of Joint Millennial Campus - North Carolina A&T State
University and The University of North Carolina, May
2006, allegations extinguish
UNC System Acquisition of Real Property (P0-1) by lease dated
March 13, 2006, for the purpose of establishing
a joint millennial campus. |
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| Lease
of Joint Millennial Campus - North Carolina A&T State
University and The University of North Carolina, May
2006, allege: |
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- The 2000 session of the
General Assembly authorized the Board of
governors to designate Millennial Campuses
at each constituent institution when the
Board finds that such a designation will
enhance the economic development of the
region served by the constituent
institution.
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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.
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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 will
administer the educational, research, and
economic development mission of the Joint
Millennial Campus. Emphasis added
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UNC System Acquisition of Real Property (P0-1) Purpose: To
establish Joint Millennial Campus for NC A&T
State University and the University of North
Carolina at Greensboro.
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. Allege Action
recommending the above request was taken by the
Governing Board of NCA&T and UNCG and is
recorded in the minutes thereof on was blank. It
implied UNC System had authority to create a
Joint Millennial Campus.
Lease
of Joint Millennial Campus - North Carolina A&T State
University and The University of North Carolina
allege. the 2000 session
of the General Assembly authorized the Board of
governors to designate Millennial Campuses at
each constituent institution and
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,
clearly alleging designation of
Joint Millennial Campus Oct. 2003 and authority
to do so, extinguishing
UNC System Acquisition of Real Property application. |
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| The Board of Governors
May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent
agenda. |
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Received from the State Property Office,
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,
to be forwarded to be processed by the State
Property Office. |
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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
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ANNUAL REPORT
OF THE COMMITTEE
ON BUDGET AND
FINANCE TO THE
BOARD OF
GOVERNORS OF THE
UNIVERSITY OF
NORTH CAROLINA July
1, 2006 through
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,
pursuant UNC
System delegated
authority. |
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| In 2006, the Board
delegated authority to the President to
execute leases with annual costs up to
$350,000 and property acquisitions or
dispositions for up to $500,000. Actions
under delegated authority would be reported
to the Committee at its next meetings.
UNC Board of Governors Committee on
finance minutes, did not report UNC
System Acquisition of Real
property by lease dated March
13, 2006 for the purpose of establishing
Joint Millennial Campus for North
Carolina A&T State University (NCA&T) and
the University of North Carolina at
Greensboro (UNCG) |
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  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 to lease
Greensboro Center for Innovative
Development renamed Gateway
Research Park, inc. |
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| The Board of Governors
May 12, 2006 pass Lease of Joint Millennial
Campus, NCA&T and UNCG on the consent
agenda. |
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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,
to be forwarded to be processed by the State
Property Office. |
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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 Form PO-2 for
dispositions to the State Property Office.
600.1.4 (4.) 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. |
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| In 2006, the Board
delegated authority to the President to
execute leases with annual costs up to
$350,000 and property acquisitions or
dispositions for up to $500,000. Actions
under delegated authority would e reported
to the Committee at its next meetings.
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Public Record documents indicate UNC Board of
Governors/ UNC System Office University's
Associate Vice President for Finance and Property
Officer
 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. |
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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. |
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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. |
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 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 Jim Phillips alleged Oct.
2003 designated Joint Millennial
Campus obfuscated lease real estate
wasn't statutory (NCGS. §
116-198.34. (8b) designated JMC but
for an alleged Identified Millennial
Campus. |
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B. The
Lessor desires to lease the Land and
existing Improvements to the Lessee,
and the Lessee desires to rent the
land and the existing Improvements
pursuant to the terms contained
within this Lease and to
secure financing for the
construction on the Land of certain
additional Improvements to be
hereafter determined, designed and
constructed. Emphasis
added March 15, 2007 Lease Recitals: |
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| 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. |
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| Article II
Land, Term and Use, 2.4 incorporates
by default G.S.
116-198.34(5) exemptions, Lessee
and 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. |
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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 |
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| 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). |
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§
116-198.34.
General
powers of
Board of
Governors |
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The Board
may exercise
any one or
more of the
following
powers: |
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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. |
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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. |
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| 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. |
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| Article II Land, Term
and Use, 2.4 incorporates by default G.S.
116-198.34(5) exemptions, Lessee
and 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. |
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No statuary NCGS: 116-198.34
(8b) NC A&T/ UNCG Joint Millennial Campus was
designated by UNC Board of Governors |
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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. |
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| Received pursuant Public
Request from State Property Office was
Greensboro Center for Innovative Development
timeline. |
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| Greensboro Center for
Innovative Development, alleged Joint Millennial
Campus, Development timeline, received from the
State Property Office, does not indicated designation of NC A&T/UNCG
Joint Millennial Campus. link |
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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. |
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| Action
item background
information timeline
from Feb. 2003 through
Feb2, 2006 didn't
indicated JMC was
designed by UNC BOG. |
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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. |
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Action item
background
information: |
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Timeline
from
Feb.
2003
through
Feb2,
2006
does
not
indicated
JMC was
designed
by UNC
BOG,
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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,
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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]
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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. |
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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
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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).
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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."
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| Master Plan for the South
Campus of the Greensboro Center for Innovative
Development, the Joint Millennial campus of UNCG
and NC A&T August 31,
2006, Action Item Background Information
contradict 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.
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. |
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Unsigned and incomplete UNC
System Acquisition of Real Property by lease
P0-1
dated March 13, 2006 alleged 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. The
requested action recommending by Governing
Board of NCA&T and UNCG. |
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Greensboro Center for Innovative Development Executive
Director John Merrill, UNCG
Counsel Skip
Capone, and
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. G.S.
116-198.34(5) exemptions did not apply to GCID Lease
with USDA, as
well as alleged Lease
of Joint Millennial Campus -North Carolina A&T State
University and The University of North Carolina dated
March 16, 2007. |
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| Disposition by Lease Gateway
University research Park, Inc (NC A&T and UNC-G)
Guilford County was presented for consultation pursuant
to NCGS 146-291.(C) to Government Operation |
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John Merrill email Eastern Guilford High School and
Joint Millennial Campus Ground Lease dated 16 Nov. 2006 to Joseph
Henderson :THANKS so much for your support of GURP and for your
tremendous presentation on our behalf at last week's meeting of the
Council of State"! |
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| In Letter dated November 7, 2006 Joseph
Henderson, Director State Property Office stated "
This is to advice you that the Council of state, at it's
meeting held on the above date, approved the attached
item. This matter will be referred to the Attorney
General's Office at the appropriate time for preparation
of documents. In the meantime, if you have any questions
regarding this transaction, please contact Pam
Strickland of this office. Director Henderson letter
was addressed to James Griffin NC A&T State University
and Helen Ward UNC-Greensboro and copied to Don Teeter
and John Merrill. |
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| Letter dated November 7, 2006 Joseph
Henderson, Director State Property Office comment
stated "The
General assembly and the Board of Governors of the
University of North Carolina designate this property to
be developed as a Joint Millennial Campus for NC A&T
State University and UNC at Greensboro.. subleases
will be subject to State approval except for leases of
space only not exceeding a term of ten years. |
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Sandy New lease for Millennial Campus at Greensboro |
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