Sandy New JMC Lease 031626

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03.16.26

Sandy New lease for Millennial Campus at Greensboro

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 affiliated members of the Greensboro business community.

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. A negotiated action under Solicitation 5NC0075 resulted 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.

Published as "the most plugged-in attorney in North Carolina", northcarolina.edu minutes alleged City of Greensboro Lobbyist, Greensboro Attorney Jim W. Phillips, Jr., Committee Budget and Finance Chair


Video	Video	Lease

speaking before Board of Governors stated that the Boards of Trustees at North Carolina A&T State University and 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.

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.

[The information in this article is for general informational and context purposes only and does not, and is not intended to, constitute legal advice.]

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.

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. 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.

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: lease Agreement between the Greensboro Center for Innovative Development and UNCG and NCA&T

BACKGROUND INFORMATION

In February 2003, the concept for a *Joint 'Millennial Campus was presented to the UNC Office of the President indicating the potential for collaborative opportunities between UNCG and NCA&T. Later that year, the Joint Millennial Campus was introduced to the community.

In September 2003, in order to create an efficient vehicle to manage the UNCG/NCA&T Joint Millennial Campus (JMC), a Separate 501(c)3 not-for-profit was established. The newly formed organization is known as the Greensboro Center for Innovative Development (GCID). The GCID is charged with the management and development of the properties that represent the JMC.

In September 2005, a Management Services and Development Agreement
(MSDA) between the GCID and NCA&T and UNCG was approved and executed by each party's respective board of Trustees. The MSDA formally established a working relationship between the two universities and the GCID for future development- Section I.F. of the MSDA states, "The Universities shall lease to GCID any or all property denigrated as the JMC, subject to necessary governmental approvals- Such leases shall be long term leases for nominal consideration. emphasis added

In order to facilitate the GCID's 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. The lease document is based on a model previously used by several UNC campuses, including UNCG and NCA&T. This document has also been reviewed by the Office of the President.

The purpose of this action is to request approval from this Board to proceed with
a 50-year ground lease (and two successive 10 year renewals) with the GCID on land owned by the Sate 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, on which the GCID will develop, in concert with the universities, a research park similar to the Centennial Campus at North Carolina State University.

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).... 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)."

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. Unambiguous no statutory NCGS: 116-198.34. (8b) NC A&T/ UNCG Joint Millennial Campus was designated Oct. 2003.

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 feet 21,461 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.

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

§ 116-198.34. General powers of Board of Governors. The Board may exercise any one or more of the following powers: (1) To determine the location and character of any project or projects, and to 1 acquire, construct, and provide the same, and to maintain, repair, and 2 operate, and to enter into contracts for the management, lease, use, or operation of all or any portion of any project or projects and any existing 4 facilities.

Lacking and designated NCA&T/UNCG joint Millennial Campus, the Board of Governor lacked authority pursuant GS 116-198.34 (1) to enter into contracts for the management, lease, use, or operation of all or any portion of any project or projects and any existing facilities.

Notwithstanding Erskine Bowles General Administration creation of Acquisition of Real Property PO-1, dated March 13, 2006, 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.

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 land and facilities to the Greensboro Center for Innovative development, Inc.
See Certified

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.

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 (alleged ) Joint Millennial campus of UNCG and NC A&T.

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." by the counsel of the University and GCID; extinguishing Lease of Joint Millennial Campus - North Carolina A&T State University and The University of North Carolina at Greensboro May 2006 bogus claims:

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,..

Unambiguous no statutory 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. Lacking Board of Governor Designation of millennial campus defined by NCGS 116-198.34 Session Law 2003-284, Section 6.20, remained relocated to UNC Board of Governors. No lawful GS 116-198.34 (1)leased was executed by Board of Governors to the Greensboro Center for Innovative Development, Inc. for Session Law 2003-284, Section 6.20, land and facilities and 75-acre parcel of NC A&T Farmland.

UNC System/ State Property Office Raleigh Two Step

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.

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.

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

The Board of Governors May 12, 2006 pass Lease of Joint Millennial Campus, NCA&T and UNCG on the consent agenda.

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.

I am aware this is a joint project of North Carolina Agricultural & Technical State University and the University of North Carolina at Greensboro..[26]

Received from the State Property Office, 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.

From Joseph Henderson to Terrance Feravich, CC: John Webb Thursday, August 17, 2006 Subject: NCA&T-UNCG Joint Millennial Camus (email)

Terry:

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.

Clearly, background info on GCID, the articles and bylaws, anticipate GCID taking title to the land and buildings and managing the real property of the campus. Yet, Chapter 116, Article 21B, contemplates the handling of real property pursuant to Chapter 146 except for the limited a case of disposition by lease of space (only) not exceed a term of ten years.

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. While we may have the latitude to do it (the lease), I am certain uncomfortable with the concept which I believe circumvents the Legislative intent.

The formation of and purpose of the GCID raises other questions. As a creation of the two campuses, are its meetings open to the public and are its records subject to the public records law? should they be? What was intent of the two trustee boards and what is the desire of the Board of Governors?

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

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.

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)."

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

Pursuant UNC Policy 600.1.4 (4.) and NCGS § 146-28 application Form PO-2
Lease for Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro, was not submitted to the State property Office. Agreement with GCID was 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

Lease Award document addressed to Mr. John Merrill Greensboro Center for Innovative Development, re-name Gateway Research Park, indicated Enclosed are copies of the SF-2, Lease for Real Property for Contract GS-04B-46101 which were prepared and reflect acceptance of the Greensboro Center for Innovation Development revised and corrected offer date August 15, 2006 to lease approximately 24,732 rentable square feet ....to be located at the Research Facility One, One Technology Drive, Greensboro, NC and as further identified in your offer for the USDA National Resource conservation Service. As previously advised, the lease term will be for the period beginning on or about November 1, 2007 and ending Oct 31, 2017 (10 years). Mr. Kevin C. Holland, contracting Officer, General Services Administration.. Emphasis added.

John Merrill email to Joseph Henderson dated Oct. 19,2006 says Hi Joe, First I you know that we have received the leave award from the USD, space at the South Campus. I have attached a copy of the lease.

Prior to Council of State approval of Lease of allege NC A&T / UNCG Joint Millennial Campus, to Greensboro Center for Innovative Development. GCID Executive Director John Merrill Oct. 2006 sign lease for space for USDA facility on NC A&T farm at yet to be built facility Research Facility One, One Technology Drive, Greensboro, NC, .

By the way what is the schedule for GCID to execute the USDA Lease? Does that sublease also need to e on the November Council of State agenda or can we wait until the December meeting.

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).

John Merrill email dated Oct. 23, 2006 to Joseph Henderson Subject: Re: Follow Up. Regarding the USDA. Stated "Assuming we have the Ground Lease issues resolved by mid to late November, the USDA deal is sublease for space only."

Statements indicate Ground Lease agreement between NC A&T/UNCG and GCID was not resolved, yet GCID signed sublease with the USDA for space in facility to be constructed on the pending leased property. Unambiguous GCID Executive Director John Merrill USDA sublease 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

Lease Award document addressed to Mr. John Merrill Greensboro Center for Innovative Development reflecting acceptance of the Greensboro Center for Innovation Development lease offer for the USDA National Resource conservation Service. Lease term was the period beginning on or about November 1, 2007 and ending Oct 31, 2017 (10 years) , email to SPO Dir. Joseph Henderson.

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.

Sandy New lease for Millennial Campus at Greensboro, a derivate lease of "agreement with GCID has already been executed". was non-compliant with NCGS § 146-28, G.S. 143-341 and Chapter 146 of the General Statutes.

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. G.S. 116-198.34(5) exemptions did not apply to GCID Lease with USDA, as well as any Lease of Joint Millennial Campus -North Carolina A&T State University and The University of North Carolina.

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