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02.28.26

UNC System/ State Property Office "Raleigh Two Step"

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

Go Figure

 
From Joseph Henderson (State Property Office Director) to Terrance Feravich, CC: John Webb Thursday, August 17, 2006 Subject: NCA&T-UNCG Joint Millennial Campus (email)
 
I have now read the agreement, lease, background info put out by GCID. GCID articles of incorporation and bylaws, and reviewed the pertinent general statues. It appears to me that A&T and UNCG set out on a course that was from the beginning contrary to the current statues governing millennial campuses.
 
A transfer of the real property to GCID (by leaser or otherwise) would remove the Department of Administration, Joint Legislative Commission on Governmental Operations and Governor and Council of State from any oversight of the real property transactions.
 
Given the appointment/election process for directors of GCID, how much control, if any, do the boards of trustees of the two institutions and the Board of Governors retain over the actions of GCID? It's hard to say who is in charge but my reading of the bylaws indicates the trustees and Board of Governors may have little say over, little knowledge of GCID' s actions except with GCID' cooperation.
 
It seems the cart is before the horse. If the real estate on the millennial campus is to be managed as contemplated by the agreement and lease, the General Assembly should be consulted and the legislation changed to allow it without manipulation or circumvent current statues. In the interim, we will work with...and the campus to efficiently handle all contemplated real estate transactions.  Emphasis added
 
 
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, pursuant  Public Record Requests  was 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).  
 
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 the Board of Trustees for NCA&T/UNCG recommended UNC System Acquisition by Lease to established proposed 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 System Acquisition of Real Property by lease P01 dated March 13, 2006, and  Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina, May 2006, claims contradict and extinguish each other.
 
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 was blank.
 
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.
 
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, May 2006 .
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 Campusemphasis added.
  • 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
  • The $1 lease would be for the initial term of 50 years with two, 10-year renewal options. Upon the expiration of the lease, the land and any improvements upon the land would revert to the State. 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.
  • 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.
 
 Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina, May 2006 , allege 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 Campusemphasis added.
 
Contradicting UNC System Office P0-1 alleged purpose to 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. Board of  Governor approved Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina was to Greensboro Center for Innovative Research, name changed Gateway Research Park, not to UNC System.
 

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, 2006.

 
 

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.  

 
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 UNC System Millennial Campus to lease Greensboro Center for Innovative Development renamed Gateway Research Park, Inc.  Pursuant Public Record Request RR-00312 UNC System did not identify a specific statue authorizing system designation of millennial campus.

 
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.
 
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.
 
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.
 
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.
 

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.
 

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.
 
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:
 
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 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.
 
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
 
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.
 
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 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.
 
No statuary NCGS: 116-198.34 (8b) NC A&T/ UNCG Joint Millennial Campus was designated by UNC Board of Governors
 
Received pursuant Public Record request from NC A&T for documents supporting Public Private Partnership with Gateway Research Park; An approved Joint Millennial Campus by the UNC Board of Governors in 2003, and Gateway Research Park, Inc. provide operation oversight and owns the assets. NC A&T reply produced Board of  Governor document Joint Millennial Campus - North Carolina A&T State University and the University of North Carolina at Greensboro (2003) which says 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 Oct. 2003  BOG Minutes approving alleged Millennial Campus. Video
 
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. 
 
Public Record Reply from UNC-Greensboro for statutory required request to establish a Joint Millennial Campus produced alleged Chancellors signed
Document dated Aug. 22nd, 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.
 
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 pursuant Public Request from State Property Office  was Greensboro Center for Innovative Development timeline.

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

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.
 
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.
 
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  indicate  Greensboro Center for Innovative Development ( non-state agency) was complicit with UNC System PO1.
 
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."

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.
 

Board of  Governors' 2023 document  institutions with millennial campus designations and the UNC System, does not indicate a NCA&T/UNCG Joint Millennial Campus (Gateway Research Park). 
 
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 Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina dated March 16, 2007.
 
The Master Facilities and Equipment Use Agreement witness by John R. Merrill, NCA&T Chancellor Dr. Harold L. Martin, Sr. and UNCG Chancellor Dr. Linda P. Brady
 
Ground Lease Agreement March 15,2007 Recital (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 constrained within this Lease and to secure financing for the construction on the Land of certain additional improvements to be hereafter determined, designed and constructed.
 

 
Master Facilities and Equipment Use Agreement Feb. 23,2012 : Whereas Gateway during the term of the Ground Lease, owns all of the buildings and improvements located the JMC "some of which are (or shall be) constructed, wholly or partially, using State funding", contradict  March 15, 2007 Lease  Recital B plain language requiring the Lessee to secure financing for the construction on the Land, may resulting in Lessee not having ownership of building  constructed with State Funds.
 
Millions of Taxpayer dollars would flow through UNC Committee Budget and Finance, approved by full UNC Board of Governors, and funded by the Legislature for non-existing  bogus NC G. S.: 116-198.34. (8b) NC. A&T/UNCG Joint Millennial Campus.
The Millennial Campus statue required an expressed determination universities had the fiscal capacity to established and maintain the joint millennial Campus. Five month after the alleged Oct. 2003 designation Phillips' Board of Governors Committee On Budget and Finance, March 2004, recommended Supplemental Expansion Budget Requests 2004-05, $4 million dollars to renovated the School of the Deaf property, and pay for telephone and high speed networking, [SL 2004 -124.]
And another $10 Million dollars for land acquisition, site preparation, and engineering, architectural and other consulting services for facilities for development of the Joint Millennial Campus of North Carolina Agricultural and Technical State University and the University of North Carolina at Greensboro, non-existing Joint Millennial Campus. [Session Law 2004-179]
 
Session Law 2004-124 ratified July 20, 2004, appropriated $4,000,000 to an UNC-Greensboro and NCA&T Millennium Campus.  SESSION LAW 2004-179 ratified August 5th, 2004 approved $10,000,000 Certificate of Participation for UNC-G/NC AT land acquisition, site preparation, Joint Millennial Campus of North Carolina Agricultural and Technical State University and the University of North Carolina at Greensboro.
 

 
Bowles contacted David McCoy State Budget Officers,  Office of Management and Budget pursuant  funding to Gateway Research Inc.
 
State Construction Laws Were Amended Based on Fraudulent Allegation Gateway Research Park was a Joint Millennial Campus

SESSION LAW 2008-204 [SENATE BILL 1925]

 
 
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