| 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. |
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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. |
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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. |
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" How are we able to sign the lease
before the building is built, without prior inspections?"7 |
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| The proposed Union Square Campus Nursing facility is projected to
begin construction Feb. 2015. |
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| Regulations for Acquisition and Disposition of Real
Property by Lease,600.1.3.1[R] General, III. required The Campus Property Officer and
the Campus Property Office in part : |
I. Schedule and coordinate a building code/occupancy inspection by
the Department of Insurance or other code enforcement official
certified by the North Carolina Code Officials Qualification Board to
ensure that the proposed lease shall provide space that is in
compliance with applicable local, state, and federal codes.
J. Coordinate with North Carolina Department of Insurance to ensure
that property acquired or disposed of under the constituent
institution’s delegated authority is properly insured.
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| 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. |
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 Regulations
for Acquisition and Disposition of Real Property by Lease , required
the Campus Property Officer to Perform a space analysis consistent with
the University of North Carolina Space Planning Standards, which were
prepared in October 1998 and using an updated organizational chart for
those to be housed in the space. General III E.
The University Space Committee, which is chaired by the Provost and Vice
Chancellor for Academic Affairs, approves all allocations of university
space including off-campus rental space. (NC A&) University Space
Regulation - REG 09.01. Making A Space
Request: All requests for new space, reallocation of space, or
change in use of space will be made by completion of a Space Request
form and submission to the University Space Committee. Persons making
requests may appear before the University Space Committee. |
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| NCA&TSU is expected to lease 25,000 square feet, and UNCG is
expected to lease 33,000 square feet, and Guilford Technical Community
College 25,000 sq. ft. both for 10 years at $18 to $23.50 per
square foot per year. Neither NC
A&T nor UNC-G has produced pursuant public record requests space need
analysis pertaining to proposed Union Square university leases. |
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| 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. |
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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..." |
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| 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. |
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".