|Were Acquisition of Space by Lease - NCA&T SU and UNCG, executed in accordance with N.C. Gen. Stat. § 116-31.12, UNC Policy 600.1.3.1, applicable regulations, and conformant with required clearances?|
| Union Square Campus, Inc. (Landlord) leases agreements with
( tenants) North Carolina A&T State University and the University of North
Carolina at Greensboro last reported unsigned.
Regulations for Acquisition and Disposition of Real Property by Lease, I. General A. A source of funds must be identified and secured for 100 percent (100%) of the required funding for the term of the proposed acquisition by lease. Regulations for Acquisition and Disposition of Real Property by Lease, I. General G. The availability of funds clause is required in all acquisition leases. This clause shall not be invoked without the written permission of the president. Union Square Campus Tenant leases do not identify the source of funding. Union Square Campus Tenant leases do not availability of funds clause. NC A&T Board of Trustees RESOLUTION FOR REAL PROPERTY LEASE ,22nd day of November 2013, authorize the administration to proceed with the development of a Downtown University Campus based on available funding. Pursuant Public Record requests UNC-GA and NC A&T have not produced written permission for the president to invoke "availability of funds clause".
|BOG has authority to acquire and dispose of real property, subject to state law. NC GS § 116-3. NC GS § 116-31.12. Acquisition and Disposition of real property by lease, says The Board of Governors shall establish a policy for acquiring and disposing of an interest in real property for the use of The University of North Carolina and its constituent institutions by lease. The UNC Board of Governors formulated Regulations for Acquisition and Disposition of Real Property by Lease 600.1.3.1[R] [ Amended 01/07/14]. Regulations for Acquisition and Disposition of Real Property by Lease, 600.1.3.1[R], I., General , D. The campus property review committee, the vice chancellor for business affairs, the chancellor or designee, the president or designee, and the Board of Governors shall approve all transactions according to the appropriate delegation as described below.|
Acquisition of Space by Lease - NCA&T SU and UNCG is site
specific-Downtown Union Square Campus,
acquisition of space by lease proposal in a yet to be constructed building - begin construction Feb. 2015, in which to locate expansion of universities educational programs [nursing], for which no completive bidding was conducted. The proposed leases[ Acquisition of Space by Lease - NCA&T SU and UNCG] are for 10 years and require Board of Governors approval because they are over $500,000. Jonathan Womer. Womer alleged statement "require Board of Governors approval because they are over $500,000" could be interpreted to imply leases had followed the required clearances embodied in UNC Board of Governors Policy 600.1.3.1[Amended 01/07/14]. UNC Committee on Budget and Finance April 10, 2014 recommended Acquisition of Space by Lease - NCA&T SU and UNCG, which was passed on the consent agenda by the Board of Governors on the consent agenda April 11, 2014.
Union Square Campus, Inc., a non-profit entity formed for this collaboration
is building a $37 million, 100,000 square-foot facility to focus on health
care education in downtown Greensboro. The space would house expansion of
the university nursing programs, community college nursing programs, and
training facilities for Cone Health. Acquisition of Space by Lease - NCA&T SU and UNCG constitute site
specific-Downtown Union Square Campus, acquisition of space by lease
proposal in a yet to be constructed building. Site-specific space Lease [
General IV. The Acquisition by Lease Process B. ] The constituent
institution may acquire space by lease for strategic, unique or
site-specific space that is necessary and
appropriate to take full advantage of opportunities of strategic importance to the constituent institution or the university. The strategic lease process may commence only with the prior approval of the campus property review committee and UNC General Administration, emphasis added. Pursuant Public Record Request neither UNC General Administration, NC A&T, nor UNC-G has produced required "prior approval of the campus property review committee and UNC General Administration" to proceed with the site specific downtown/Union Square Campus Leases. As member of UNC-GA Womer knew or should known UNC Board of Governors Policy 600.1.3.1 pertaining to Strategic\site-specific acquisition Leases hadn't been followed. Whereas the Consent Agenda should consists "programs meet the requirements set out in the Board’s guidelines" this was not the case with Acquisition of Space by Lease - NCA&TSU and UNCG.
" How are we able to sign the lease before the building is built, without prior inspections?"7
|Regulations for Acquisition and Disposition of Real Property by Lease, 600.1.3.1[R] lease requirements, code/occupancy inspection of proposed lease space and acquired or disposed of under the constituent institution’s delegated authority is properly insured unambiguous pertain to an existing structure.|
|Regulations for Acquisition and Disposition of Real Property by Lease require the Campus Property Officer and Office to develop a comprehensive set of specification that addresses all lease requirements and report the specification to the campus property review committee prior to obtaining proposals.|
|Proposal: Union Square Campus document Intent to Lease Square Campus dated February 18, 2014 to NC A&T Chancellor Martin says in part "We are pleased to submit the following non-bonding Letter of Intent to you to lease space in the planned facility referred to as University Center, to be located at property south of the intersection of South Elm Street and Lee Street in Greensboro, North Carolina, which is expected to be the first building constructed in connection with the Union Square Campus project." "We anticipate that North Carolina A&T State University ("NC A&T " or Tenant") would seek approval from the NCA&T Board of Trustees, UNC Board of Governors, and the North Carolina Council of State to occupy a certain amount of exclusive and shared space in the Facility for NCA&T programs to be later agreed upon by the parties." To date, we have completed the preliminary programs ing for the exclusive space and the shared space described above..."|
|UNCG Michael Byers May 09,2014 email to John Webb ,State Property office, Manager Leasing and Space Planning, response to question gross sq. ft. or net Since the building is not constructed and the design or it is schematic at best, there is not a way to get to net square feet. Unambiguous the Universities Campus Property Officer/Office had not developed detailed set of specifications that addresses all lease requirement and reported the specifications to the campus property review committee prior to obtaining proposals.|
|Images: (A&T) 03 BOT February 2013
Meeting_Academic Affairs Committee_DOWNTOWN UNIVERSITY CENTER.pdf
 Universities to sigh Research Agreement Tim Thornton Greensboro News & Record Wednesday May 19, 1999
 North Carolina A&T State University Homecoming 2009 Affirmation Service Keynote Address November 1, 2009
 Downtown Area Consolidated Plan [ December 2010 DRAFT] p.68
 The Pursuit of Knowledge-2022: A vision of Technology and education, Taft Wireback, Greensboro News & Record Saturday, June 8, 2002
 [BOG] 10 Acquisition of Space by Lease_NCAT_UNCG.pdf, April 2014
Public Record Image (s)
Public Recorf Office of Facilities NC A&T Space Committee Support Staffer 12.03.14
UNC-G Board of Trustees December 6, 2013 Action Item: Authorization for Lease of Space in the Downtown University Campus.