NC State Property Office JMC Lease 04.28.14

State Property Office, Council of State, Governor, UNC Board of Governors, UNC System, UNC Greensboro, and NC A&T didn't have statutory authority to Lease alleged Joint Millennial Campus Area

Joseph Henderson, Director State Property office, August 17, 2006 email to Terrance Feravich UNC Thursday, I have now read the agreement, lease, background info put out by GCID, GCID article of incorporation, and bylaws, and revised the pertinent general statutes. 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. 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 manipulating or circumventing current statues. Joseph Henderson, State Property office, August 17, 2006 email to Terrance Feravich UNC Thursday.

UNC Constituent Universities may acquire or dispose of property by lease. GENERAL POWERS AND DUTIES Property and Buildings : Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees,.
NCGS. 146-28 [Agency must file application with Department: Department must investigate.] says 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..

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject Ground Lease-UNCG/NC A&T Joint Millennial Campus:

A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NC A&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 NC A&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.

John Webb Manager Leasing and Space Planning email dated Feb. 6, 2006 allegedly responded no to Tommy Cline "Do you know anything about this?" referring to Merrill's forwarded email Ground Lease-UNCG/NC A&T Joint Millennial Campus. Although John Merrill, Tommy Cline, and John Webb would respond to a Draft Ground Lease the Draft Ground Lease would not be received pursuant public record requests to the State Property office. The Draft Ground Lease source was NC A&T.

Ground Lease Agreement between the State of North Carolina (Lessor) and Greensboro Center for Innovative Development, Inc. (GCID) (Lessee) was created around Sept.. 2005. With the assistance of Camille Kluttz-Leach, Skip Capone, Lee Lloyd, Bo Rodenbough (Lee and Bo are both from Brooks Pierce- UNC Board Jim Phillips, Jr. is a partner in Brooks Pierce), staff from GA, we have developed a draft ground lease using the Centennial Campus ground lease and other University-affiliated ground leases as models. Following approval from the State Property Office, the Boards of Trustees of UNCG and NC A&T will need to approve the ground lease and formally request approval by the UNC Board of Governors. Following BOG approval, the State Property Office will recommend approval to the Attorney General’s office, which will then recommend the lease for signature by the Governor and the Council of State. (GCID, 4.2) UNCG DIVISION OF ACADEMIC AFFAIRS ANNUAL REPORT 2005 Calendar Year ] (emphasis added) GCID's Attorneys (Lee Lloyd and Bo Rodenbough) work for the same law firm as Greensboro Attorney Jim Phillips, Jr. is a Partner

Ground Lease Real Estate -section 1.1.3 Land. The two separate tracts or parcels of real estate denominated the "North Campus" and the "South Campus" and collectively comprising the "Joint Millennial Campus.., more specifically described in Exhibit A attached hereto and incorporated herein by reference (the "Land"). Attachment EXHIBIT A
Legal Description of the Land [To be inserted] is blank.

UNC System [ Erskine Bowles Administration] Acquisition of Real Property by Lease DOA PO-1 form dated March 13, 2006, to Department of Administration for the purposes:

To establish a Joint millennial Campus for North Carolina A&T State University (NC A&T) and The University of North Carolina at Greensboro (UNCG)
for two parcels of State own land, Approximately 75 acres of property located adjacent to the NC A&T farm and located on Lee Street
Approximately 75 acres of property and facilities formerly known as the Central North Carolina School for Deaf

Unequivocal evidence UNC Board of Governors' false claim and fraud, allege Oct. 2003 NC G. S.: 116-198.34. (8b) designation NC. A&T/UNCG Joint Millennial Campus consisting of the former School for the Deaf property and 75-acre parcel on NC A&T farm land.

UNCG Board of Trustees Nov. 1, 2003 Minutes alleged Chancellor Sullivan commented" Following the September 23, announcement of the

Greensboro Center for Innovative Development (GCID), the UNC Board of Governors approved the joint millennial campus on Oct, 2003.

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, 200 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 enclosure Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North Carolina at Greensboro ( May 2006) contained material false statement:

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 NC A&T State University Farm as a Joint Millennial Campus

Now, the Boards of Trustees of NC A&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.

Notwithstanding over whelming documentation NC G. S. 116-198.34. (8b) Joint Millennial Campus wasn't designated State

Property Office approved Lease as alleged JMC

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" John Merrill 16 Nov. 2006 email to Joseph Henderson.

Documents received Pursuant Public Record Requests to State Property Office

Joe Henderson ( Director State Property Office ) September 28, 2006 Memorandum to Don Teeter (Attorney General Office)... requested your counsel in two respects... Applicable statutes include the "....Millennial Campus Financing Act" (NC GS 116, Article 21 B) as well as NCGS 146 and NCGS 143-341. Resulting Disposition by lease Area Joint Millennial Campus comment General Assembly designated this property to be developed as a Joint Millennial Campus pertain to Session Law 2003-2984, Section 6.20.
UNC System Acquisition of Real Property dated March 13, 2006 whose purpose was to establish a Joint millennial Campus,
Greensboro Center for Innovative Development Timeline which indicated no Joint millennial Campus was not designated by UNC Board of Governors
UNCG Board of Trustees Action Item Feb. 2, 2006 whose background information also indicated no Joint Millennial Campus, master lease approval was for property identified as Joint Millennial Campus,
NC A&T alleged BOT approval of Lease of Joint Millennial campus which didn't identify real property lease.
Board of Governors Document Lease of Joint Millennial Campuses
Board of Governors Minutes Budget and Finance Committee

UNC System Acquisition of Real Property document dated March 13, 2006 received by Department of Administration whose stated purpose was to establish a Joint millennial Campus directly contradict Lease of Joint Millennial Campus document with regard to alleged designation of Joint Millennial Campus in Oct. 2003..

UNCG Board of Trustees Action Item Feb. 2, 2006 Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NCA&T:

Timeline between Sept. 2003 and Sept. 2005 doesn't indicate Oct. 2003 designation of Joint Millennial Campus,
It was determined by counsel for the universities and the GCID to pursue a master lease for the prosperities identified as the JMC- not BOG designated JMC,
Full Board minutes indicated approval of Lease Agreement [for identified JMC] and recommend approval to the Board of Governors.

NC A&T February 15, 2006 Executive Committee Post Meetings Memorandum

Ms. Fails Post Meeting Memorandum signed by Ms fails as recording Secretary, who was not Board of Trustees Secretary
or assistant Secretary had not been approved been approved in the Minutes of NC A&T Board of Trustees and were not official.

Greensboro Center for Innovative Development, Inc. Development Timeline from August 2003 thru December 2003 directly contradict Lease of Joint Millennial Campus document alleged designation of Joint Millennial Campus in Oct. 2003..

Document not received from State Property Office was Form P02 Disposition of Real Property

NC.GS. 146-28 [Agency must file application with Department: Department must investigate.] says 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..

Disposition of Real Property Form asked key questions:

This disposition is recommended for the following reasons
Description of Property
Estimated value
If deed is in the name of agency other than applicant, state the name
Rental income, if applicable, and suggested terms
Funds from the disposal of this property are recommended for the following use.
Actions recommending the above request was taken by the Governing Board of _____ and is recorded in the minutes thereof on (date)
Signature & title

Lacking JMC designation Session Law 2003-2984, Section 6.20 by statue remained reallocated to UNC BOG to designated Millennial Campuses for universities .

Notwithstanding A&T's 2001 Master Plan update calling for establishing university Millennial Campus at farm, credited in the media as the work of UNCG district NC Senator Kay Hagan (UNCG Greensboro) June 30, 2003 General Assembly, Session Law 2003-2984,Section 6.20 reallocated former Central School of the Deaf to UNC BOG to be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University.

Session Law 2003-2984, Section 6.20 reallocated former Central School of the Deaf to UNC BOG. This property shall be used for the establishment of Millennium campuses of the University of North Carolina at Greensboro and North Carolina Agricultural and Technical State University. GCID Development Timeline indicate no JMC was designated. Feb. 2, 2006, UNCG Board of Trustees Action Item was for Lease of [Identified JMC], Feb. 13, 2006, UNC System Acquisition of Real Property purpose was to establish JMC, three independent

indications that no JMC was designated. Failure to do designate JMC deprived State Property Office/NC A&T/UNCG/UNC BOG property rights to lease Session Law 2003-2984,Section 6.20 real estate.

Disposition by Lease area Joint Millennial Campus, Greensboro to Greensboro Center for Innovative Development, Inc. was approved by the State Property Office, Council of State, and signed by the Governor, culminating in the unconstitutional and statutory prohibited lease State property to the Greensboro Center for Innovative Development , renamed Gateway Research Park, Inc., under false pretense, Racketeering, Fraud, false Claim, and in violation of Session Law 2003-2984, diverting state appropriations and facilities, federal research, USDA facility and degree programs via the Joint School of Nanoscience and Nanotechnology to UNC at Greensboro and fraudulent alleged Joint Millennial Campus private education corporation Gateway Research Park, Inc. whereby NC A&T's research and academic offerings are transferred and accessed by HWI UNC Greensboro and to be commercialized by Gateway Research Park, Inc. And false claim Gateway Research Park, Inc. as a NC G. S.: 116-198.34. (8b) NC A&T/UNCG Joint Millennial Campus.

UNCG August 31, 2006 Action Item: Master Plan for the South Campus

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 2006 Board of Governors approval of Lease of alleged Joint Millennial Campus and three month before alleged Lease of Joint Millennial Campus was considered Nov. 2006 by the Council of State. Whereas UNC BOG May 2006 Lease of Joint Millennial Campus stated:

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 NC A&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 Campus.

UNCG BOT Action Item August 31, 2006, Master Plan for the South Campus of the Greensboro Center for Innovative Development, the Joint Millennial campus of UNCG and NC A&T 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."

Unambiguous UNCG BOT's recommendation pertained to Ground Lease to the Greensboro Center for Innovative Development was for an identified JMC and not the alleged Board of Governors

Oct 2003 approved and designated Joint Millennial Campus defined by G.S. 116-198.33(4b) as put forth in UNC BOG May 2006 Lease of Joint Millennial Campus. Unambiguous The University of North Carolina at Greensboro Administration and Board of Trustees was informed and aware alleged Joint Millennial Campus consisting of the School of the Deaf property and 75-acres of NC A&T farmland was an identified Joint Millennial Campus and was not designated by Board of Governors Oct. 2003.

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). John reported we have a bid in hand for the USDA in Phase I and hope to have a lease in October. At present the information is in the State Property Office.

Hudnall Christopher moved to approve the request. Tom Ross seconded the motion and it was unanimously approved for recommendation to the full Board. Richard Moore adjourned the meeting at 10:40 a.m. REPORT OF THE BUSINESS AFFAIRS COMMITTEE – Chair Moore. Published Attending-Business Affairs: Richard Moore, Hudnall Christopher, Jr., Thomas Ross Board Members and Guests: Kate Barrett, Mike Byers, Lucien Capone, Terry Cartner, Jean Davis, Carol Disque, Howard Doyle, Carolyn Ferree, Steve Gilliam, Jill Goodman, Stephen Hassenfelt, Donna Honeycutt, Davis Lumpkin, Karen McNeil-Miller, Anna Marshall-Baker, John Merrill, Bruce Michaels, Sharlene O’Neil, Fred Patrick, Jane B. Preyer, Steve Rhew, Yvonne Ross, Angela Scott, Don Skeen, Patricia Stewart, Patricia Sullivan, Reade Taylor, Edward Uprichard, David Vaughan, Jonae Wartel, Lanita Withers- News & Record, Laura Young.

Furthermore, Action Item August 1, 2006 Master Plan for the South Campus of the Greensboro Center for Innovative Development. the Joint millennial campus of UNCG and NC A&T represented Non profit Greensboro Center for Innovative Development as the Joint Millennial Campus of UNCG and NC A&T

University Chancellors Sullivan and Renick lacked statutory required paperwork to designated NC G. S.: 116-198.34. (8b) North & South Campus Joint Millennial Campus

August 6, 2003 Universities Chancellors Dr. Patricia Sullivan and Dr. James Renick signed off on Articles of Incorporation of Nonprofit Greensboro Center for Innovative Development, as Natural persons. News Reports and web posting indicate Sept. 23rd, 2003, NC A&T and UNCG Chancellors Renick and Sullivan announced a proposed two site Joint Millennial Campus called the Greensboro Center for Innovative

Development consisting of a North and South Campus. The North Campus was to consist of land and facilities that constituted the former School of the Deaf transferred to UNC-Board of Governor to establish Millennial Campuses. The South campus was purported to consist of 75 acres of NC A&T farmland. [see UNCG, N.C. A&T to Develop Joint Millennial Campus

NC A&T's 2001 amend University Master Plan called for developing 75 acres of land along East Lee Street to develop new opportunities for both research and education in both the private and academic arenas between the University's technology and agricultural research. NC A&T Board of Trustees is legally responsible for developing the University Master Plan and has authority and responsibility for the adoption of policies applicable to and the control and supervision of campus facilities :

Chancellor's proposal snatched A&T's Millennial campus from the university over to unauthorized Fraud JMC

NC A&T 2001 Master Plan Update University Millennial Campus called for developing 75 acres of land along East Lee Street to develop new opportunities for both research and education in both the private and academic arenas between the University's technology and agricultural research.

Trustees shall be responsible to the Board of Governors for preparing and maintaining a master plan for the physical development of North Carolina Agricultural and Technical State University), NC A&T Bylaws J. Property and Buildings.
Pursuant to applicable provisions of state law and policies of the Board of Governors, the boards of trustees of affected constituent institutions shall have authority and responsibility for the adoption of policies applicable to and the control and supervision of campus facilities [G.S. 116-35],

Appendix 1 - DELEGATIONS OF DUTY AND AUTHORITY TO BOARDS OF TRUSTEES, The UNC Policy Manual ,Chapter 100.1 - The Code, XVI. AUXILIARY ENTERPRISES, UTILITIES AND MISCELLANEOUS FACILITIES.

Alleged NC A&T 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 call for 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 without a syllable l per pertaining to A&T farmland. "As to your prior request for the resolution/motion about the 75 acres of land being a part of the Gateway Research Park, There is no 2003 resolution, etc. that specifically says 75 acres are involved." determined J. Charles Waldrup J.D., Ph.D. General Counsel Office Of Legal Affairs North Carolina Agricultural & Technical State University. [NC A&T Aug. 22, 2003 JMC Resolution maybe bogus]

The paper on the table Sept. 23, 2003 when Chancellor Renick and Sullivan announced proposed two site North & South Campus Joint Millennial Campus were alleged Chancellor signed document, Articles of Incorporation and bylaws for nonprofit Greensboro Center for Innovation and NC A&T and UNCG Board's of Trustees duplicate Resolutions dated August 22 and Aug. 28, 2003. [UNCG-PR Serck], Allege Chancellors signed document "Chancellor document" dated Sept. 22, 2003 Requested support for designation of the land reallocated to the Board of Governors by the Legislature "for establishment of Millennium Campuses for the The University

of North Carolina at Greensboro and North Carolina at Greensboro and North Carolina Agricultural and Technical State University "(formerly the Central School for the Deaf) and a 75 acre parcel of land currently comprising a portion of the NC. A&T State University farm, as a Joint Millennial Campus under the terms of Article 21B of Chapter 116 of the North Carolina General Statues.

Chancellor document stated "we are pleased to inform you that this proposal has 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 28, 2003 are enclosed." emphasis added

NC A&T and UNCG 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 , call for 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 without a syllable pertaining to a 75-acre parcel of land on NC A&T farmland, contradicting chancellor's document statement " this proposal has received approval by both of our Boards of Trustees. [

NC G. S.: 116-198.34. (8b) says in part: 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

Sept. 22, 2003 Chancellor documents

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

Campus. Universities Board of Trustees Resolutions: In Support of The Creation of a Joint Millennial Campus between NC A&T and UNCG, dated August 22nd, and August 28th, 2003 call for designation of Joint Millennial campus in term of North Carolina School for deaf real estate statutory foreclosing Chancellors announced Joint Millennial Campus inclusive of 75 acre of NC A&T farmland- South Campus noncompliant with NC G. S.: 116-198.34. (8b) statutory requirement for a formal request create a joint Millennial Campus by the constituent institutions inclusive of 75 acre of NC A&T farmland. See Chancellor's Document

Published at northcarolina.edu Greensboro Attorney Jim W. Phillips, Jr. Committee Budget and Finance Chair speaking before Board of Governors, - recognized as "the most plugged-in attorney in North Carolina"- reported "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, allegedly approved Oct. 10, 2003.

NC G. S.: 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 Campus.

Unambiguous published Phillips statements are contradicted by NC A&T Aug. 22, 2003 and UNCG Aug. 28, 2003 duplicate Resolutions : In Support of the Creation of a Joint Millennial Campus calling 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 without a syllable pertaining to a 75-acre parcel of land on NC A&T farmland statutory foreclosing NC A&T/UNCG Joint Millennial Campus inclusive of NC A&T farmland, noncompliant with formal request to establish Joint Millennial Campus inclusive of NC A&T farmland. [

Jeffrey R. Davis, VP Finance General Administration Transmittal dated Oct. 14, 2003 to former UNCG Chancellor Patricia Sullivan, copied to Phillip Richman allegedly forwarded to NC A&T Chancellor Renick and Ed Upchurch on 10, 22, 2003) alleged designated Oct.10, 2003 NCA&T/UNCG Joint Millennial consisting of the former school of the Deaf Property reallocated to UNC Board of Governors and a 75-acrea parcel of NC A&T farmland .

BOARD OF GOVERNORS MEETING The University of North Carolina October 10, 2003

UNCG Board of Trustees Nov. 1, 2003 Minutes alleged Chancellor Sullivan commented" Following the September 23, announcement of the Greensboro Center for Innovative Development (GCID), the UNC Board of Governors approved the joint millennial campus on Oct, 2003.

Ground Lease for Identified JMC Smoking Gun alleged NCGS:116-198.34 (8) NC A&T/UNCG JMC wasn't designated

John R. Merrill, Executive Director Greensboro Center for Innovative Development, e-mail to Tommy Cline, dated Feb. 10, 2006 Subject Ground Lease-UNCG/NC A&T Joint Millennial Campus:

A couple of months ago, I mentioned we were working on a ground lease for the UNCG/NC A&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 NC A&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.

UNCG Board of Trustees Feb. 2nd 2006, Action Item : Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T

UNCG Board of Trustees Business Affairs Committee Feb. 2, 2006

UNCG Trustees Business Affairs Committee minutes allege Philip Richman advised the Board that the School of the Deaf property became available in 2002. NC A&T and UNCG asked that the property be transferred to the campuses which formed the Joint Millennium Campus. In order to manage the property the GCID was created to enhance facility development and new building for the two sites. Mr. Richman asked John Merrill to speak to the specifics of the lease. John 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 NC A&T. The USDA is a possibility for the anchor tenant.

UNCG Trustees Business Affairs Committee minutes allege Philip Richman, vice chancellor for UNCG business affairs, advised the Board that the School of the Deaf property became available in 2002. NC A&T and UNCG asked that the property be transferred to the campuses with formed the Joint Millennium Campus without a word pertaining to NC A&T Farmland.

The details of the lease were reviewed by Skip Capone for UNCG and Leslie Winner for General Administration. All details of the lease have been reviewed beyond the campuses. The template was designed by Skip Capone, Leslie Winner and representatives 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. Tom Ross moved to approve the recommendation. William Pratt seconded the motion and it was unanimously approved for recommendation to the full Board.

allegedly attending-Business Affairs: Hudnall Christopher, Jr., Thomas Ross, William Pratt : Board Members and Guests: Kemp Allen, Kate Barrett, Alan Boyette, Mike Byers, James Clotfelter, Karen Core, Crista Cuccaro, Jean Davis, Exandra Dempsey, Howard Doyle, Carolyn Ferree, Dan Fisher, Steve Gilliam, Jill Goodman, Stephen Hassenfelt, Donna Honeycutt, Davis Lumpkin, Karen McNeil-Miller, John Merrill, Sharlene O’Neil, Jen Palancia Shipp, Fred Patrick, Steve Rhew, Philip Richman, Bo Rodenbaugh-Brooks Pierce, Jonathon Rosamond, Gary Rosenkrantz, Yvonne Ross, Angela Scott, Don Skeen, Patricia Stewart, Reade Taylor, Patricia Sullivan, Edward Uprichard, Lenita Withes-News and Record, and Jonas Wortel

Feb. 2nd 2006, UNCG Board of Trustees Action Item : Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T was consider ;whose purposed was to pursue a master Lease for properties [Identified] as Joint Millennial Campus by counsel for the universities and GCID; Lease had been reviewed by (Bowles) Office of the President. Background timeline from Feb 2003 to Sept. 2005 and beyond indicated Joint Millennial Campus wasn't designated. UNCG Trustees Business Affairs Committee Feb. 2, 2006 minutes says all the details of the lease were reviewed by Leslie Winner, Financial Department in General Administration, Unequivocal:

UNCG Board of Trustees Action Item Identified JMC] the former Central North Carolina School for the Deaf and approximately 75 acres adjacent to the NC A&T farm
[ alleged UNC BOG Oct. 2003 designated JMC] Formerly the Central School for the Deaf and a 75-acre parcel of land currently comprising a portion of the NCA&T State University Farm

constitute the same property depicted as Identified Joint Millennial Campus.

Ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development (GCID), Feb. 15, 2006 was presented for Approval at NC A&T Board of Trustee Meeting. Documents presented to the Board of Trustees when considering was Ground Lease Agreement and Resolutions : In Support of
	Speight-Buford	McCain

the Creation of a Joint Millennial Campus between NC A&T and The University of North Carolina at Greensboro dated Aug. 22, 2003.[ 20120327105608787.pdf]] [NC A&T-PR]

Allegedly, Mr. Merrill presented a ground Lease Agreement between the State of North Carolina and Greensboro Center for Innovative Development seeking approval of the Ground Lease by the Board so that GCID can be granted control of the two millennial campus properties as the development moves forward. NC A&T-PR]

Term "Millennial Campus" means all real property and appurtenant facilities designated by the Board of Governors as part of a Millennial Campus of a constituent institution of The University of North Carolina other than North Carolina State University or the University of North Carolina at Chapel Hill. § 116-198.33. Definitions. (4b).

NC A&T Resolutions: In Support of the Creation of a Joint Millennial Campus between NC A&T and UNCG 20120327105608787.pdf]] dated August 22nd called for joining with UNCG to establish a joint Millennial campus whose real estate consisted of the former School of the Deaf property allocated to the Board of Governors to established a joint Millennial Campus, constituting one property, without a syllable pertaining to additional Real Estate nor 75-acre parcel of land on NC A&T farmland.

Third Regular Board of Trustees Minutes 02/15/06 minutes, Mrs. Bruce made a motion for approval of the Agreement. Dr. McCain then made a substitute motion to delay approval of the Agreement . He intimated that he felt strongly about the Board members needing time to review the before casting their vote. The motion was seconded by Mr. Clements and was carried by majority vote-five members voted in favor of the delay, four members opposed with two members abstaining from the vote.

Chairwoman Speight-Buford February 22, 2006 Memorandum to the Board of Trustees Executive Committee , By majority vote, the Board decided that more time was needed to review the document (Ground Lease Agreement Between the State of North Carolina (Lessor) and the Greensboro Center for Innovative Development, Inc. (Lessee) for the Joint Millennial Campus of Greensboro, NC.) I announced that I would seek approval of the document by way of the Executive Committee.

February 15, 2006 Executive Committee Posting Meeting document authored by Janese A. Fails Recorder says ""On February 22, 2006, the Executive Committee unanimously approved the Ground Lease Agreement between The State of North Carolina (Lessor) and Greensboro Center for Innovative Development, Inc. (Lessee) for Joint Millennial Campus" a material false statement. BOT Bylaw : The Secretary or Assistant Secretary shall attest to the execution by the Chair of all legal documents and instruments of North Carolina Agricultural and Technical State University.

Public records indicated Lease Fax vote took place between Feb. 22, 2006 thru April 19, 2006, ending with alleged Mr. Henry Isaacson FEB. 22, 2009 Fax who left the Board of Trustees June 30, 2007 contradicting Ms. Fails claim of an unanimous Executive Committee Feb 22, 2006, vote approving GCID Ground Lease.

Without considering whether the post Feb. 15, 2006 meeting of the Executive Committee Meeting constituted a Special Meeting, excluding alleged Isaacon Feb 22, 2009 vote after he left the Board of Trustees June 30, 2007, the fact only seven

Resolutions : In Support of the Creation of a Joint Millennial Campus between NC A&T and UNCG [ 20120327105608787.pdf]

members Board of Trustees members voted to approved GCID Ground Lease failed two-thirds requirement of the (12) authorized members on Board of Trustees requirement to over turn Feb. 15 2006 Third Regular Board of Trustees majority vote decision - in absence of such two-thirds affirmative vote, any order, vote, policy, resolution or other act done, made or adopted at a special meeting that is contrary to or at variance with any order, vote, policy, resolution or other act done at a previous regular meeting shall be null, void and of no effect. [Meetings] February 15, 2006 By majority vote, the Board decided that more time was needed to review the document [Ground Lease Agreement] .

NCGS. 146-28 [Agency must file application with Department: Department must investigate.] says 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..

Ms. Pam Strickland March 01, 2006 Investigating subject Joint Millennial Campus e-mail to John Merrill, Executive Director of then Greensboro Center for Innovative Development, stated" I'm a leasing agent with the State Property Officer and have been asked to obtain more information regarding the campus, plans and etc., while we are reviewing the ground lease you forwarded to "Tommy Cline".

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.

John Merrill March 14, 2006 email to Terrance Feravich Subject Ground Lease, Following up on the ground lease insure 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 can have the Chancellor's Office send you the minutes from the last BOT meetings approving the ground lease and I've attached a copy of the ground lease. I just need to take care of the PO1.

UNC System [ Erskine Bowles Administration] Acquisition of Real Property by Lease DOA PO-1 form dated March 13, 2006, to Department of Administration for the purposes:

To establish a Joint millennial Campus for North Carolina A&T State University (NC A&T) and The University of North Carolina at Greensboro (UNCG)
for two parcels of State own land, Approximately 75 acres of property located adjacent to the NC A&T farm and located on Lee Street
Approximately 75 acres of property and facilities formerly known as the Central North Carolina School for Deaf

UNCG Board of Trustees Nov. 1, 2003 Minutes alleged Chancellor Sullivan commented" Following the September 23, announcement of the

Greensboro Center for Innovative Development (GCID), the UNC Board of Governors approved the joint millennial campus on Oct, 2003.

There is Birmingham, Alabama, Birmingham, Michigan, and Birmingham, England all name Birmingham but not the same place. May 2006 Erskine Bowles Administration fraudulent portrayed alleged universities disposal by lease request for Real Estate depicted Feb 2, 2006 as identified Joint Millennial Campus in Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, depicted March 13, 2006 in Acquisition of Real Property by Lease as two parcels of State own land leased for the purpose of establishing a NC A&T/UNCG joint Millennial Campus to Department of Administration, and subsequent represented May 2006 as Article 21B of the General Statues NC G. S.: 116-198.34. (8b) Oct. 10, 2003 designated Joint Millennial Campus in UNC Board of Governors document Lease of Joint Millennial Campus- North Carolina A&T State University and The University of North Carolina at Greensboro. Unequivocal:

Oct. 2003, Alleged Designation of Millennial Campuses – North Carolina A&T State University and The University of North Carolina at Greensboro, land former 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
Feb 2, 2006, UNCG BOT Action Item Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NC A&T, for identified joint Millennial Campus - land owed by the state of North Carolina (approximately 75 acres of existing space at the former Central north Carolina School for the Deaf and approximately 75 acres adjacent to the NC A&T farm.
March 16, 2006, UNC System (Bowles Administration) Acquisition of Real Property by Lease : two parcel of state owned land 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 Carolina School for the Deaf,

constitute the same property.

Bowles Administration May 2006,recommened UNC BOG document Lease of Joint Millennial Campus – North Carolina A&T State University and The University of North knowing containing 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 NC A&T State University Farm as a Joint Millennial Campus.
Now, the Boards of Trustees of NC A&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.

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.

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 NC A&T State University Farm as a Joint Millennial Campus

Now, the Boards of Trustees of NC A&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.

Notwithstanding over whelming documentation NC G. S. 116-198.34. (8b) Joint Millennial Campus wasn't designated State

Property Office approved Lease as alleged JMC

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" John Merrill 16 Nov. 2006 email to Joseph Henderson.

Documents received Pursuant Public Record Requests to State Property Office

Joe Henderson ( Director State Property Office ) September 28, 2006 Memorandum to Don Teeter (Attorney General Office)... requested your counsel in two respects... Applicable statutes include the "....Millennial Campus Financing Act" (NC GS 116, Article 21 B) as well as NCGS 146 and NCGS 143-341. Resulting Disposition by lease Area Joint Millennial Campus comment General Assembly designated this property to be developed as a Joint Millennial Campus pertain to Session Law 2003-2984, Section 6.20.
UNC System Acquisition of Real Property dated March 13, 2006 whose purpose was to establish a Joint millennial Campus,
Greensboro Center for Innovative Development Timeline which indicated no Joint millennial Campus was not designated by UNC Board of Governors
UNCG Board of Trustees Action Item Feb. 2, 2006 whose background information also indicated no Joint Millennial Campus, master lease approval was for property identified as Joint Millennial Campus,
NC A&T alleged BOT approval of Lease of Joint Millennial campus which didn't identify real property lease.
Board of Governors Document Lease of Joint Millennial Campuses
Board of Governors Minutes Budget and Finance Committee

UNCG Board of Trustees Action Item Feb. 2, 2006 Lease Agreement between the Greensboro Center for Innovative Development and UNCG and NCA&T:

Timeline between Sept. 2003 and Sept. 2005 doesn't indicate Oct. 2003 designation of Joint Millennial Campus,
It was determined by counsel for the universities and the GCID to pursue a master lease for the prosperities identified as the JMC- not BOG designated JMC,
Full Board minutes indicated approval of Lease Agreement [for identified JMC] and recommend approval to the Board of Governors.

NC A&T February 15, 2006 Executive Committee Post Meetings Memorandum

Document not received from State Property Office was Form P02 Disposition of Real Property

Disposition of Real Property Form asked key questions:

This disposition is recommended for the following reasons
Description of Property
Estimated value
If deed is in the name of agency other than applicant, state the name
Rental income, if applicable, and suggested terms
Funds from the disposal of this property are recommended for the following use.
Actions recommending the above request was taken by the Governing Board of _____ and is recorded in the minutes thereof on (date)
Signature & title

Lacking JMC designation Session Law 2003-2984, Section 6.20 by statue remained reallocated to UNC BOG to designated Millennial Campuses for universities .

indications that no JMC was designated. Failure to do designate JMC deprived State Property Office/NC A&T/UNCG/UNC BOG property rights to lease Session Law 2003-2984,Section 6.20 real estate.

UNCG August 31, 2006 Action Item: Master Plan for the South Campus

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 NC A&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 Campus.

" In January 2006, a ground Lease was approved and recommended for approval by the Board of Governors.. .of the properties identified as the JMC."

Unambiguous UNCG BOT's recommendation pertained to Ground Lease to the Greensboro Center for Innovative Development was for an identified JMC and not the alleged Board of Governors

Hudnall Christopher moved to approve the request. Tom Ross seconded the motion and it was unanimously approved for recommendation to the full Board. Richard Moore adjourned the meeting at 10:40 a.m. REPORT OF THE BUSINESS AFFAIRS COMMITTEE – Chair Moore. Published Attending-Business Affairs: Richard Moore, Hudnall Christopher, Jr., Thomas Ross Board Members and Guests: Kate Barrett, Mike Byers, Lucien Capone, Terry Cartner, Jean Davis, Carol Disque, Howard Doyle, Carolyn Ferree, Steve Gilliam, Jill Goodman, Stephen Hassenfelt, Donna Honeycutt, Davis Lumpkin, Karen McNeil-Miller, Anna Marshall-Baker, John Merrill, Bruce Michaels, Sharlene O’Neil, Fred Patrick, Jane B. Preyer, Steve Rhew, Yvonne Ross, Angela Scott, Don Skeen, Patricia Stewart, Patricia Sullivan, Reade Taylor, Edward Uprichard, David Vaughan, Jonae Wartel, Lanita Withers- News & Record, Laura Young.

We have a bid in hand for the USDA in Phase 1 and hope to have a lease in October. At present the information is in the State Property Office.