Notwithstanding Union Square Campus, Inc. (Landlord) and NCA&T and UNC-G (Tennant) leases were not approved by the State Property Office nor pursuant UNC President delegated authority. Public Record document allege University Chancellors claimed to be duly authorized to execute leases on behalf of the corporation  which were catalyst for fraudulent conveyance of land, improvements, loans, and lease fees to Union Square Campus, Inc.
 Union Square Campus  a key initiative of Opportunity Greensboro, a working group of leaders from Greensboro businesses, foundations and higher education institutions.  Who claim this national model of collaboration is identifying and acting on opportunities to transform our wealth of educational assets into economic success—creating for Greensboro a competitive advantage for business growth.  The proposed campus is designed to drive economic and workforce development for a knowledge based, global economy.  The presence of a downtown university campus provides a vehicle to spur additional economic growth in the way of housing, retail stores and ther opportunities. Training and education for healthcare professions – primarily nursing -- will comprise the first phase of Union Square Campus, with these initial key stakeholder/tenants: UNCG, NCA&T, GTCC, and Cone Health.
DEVELOPER’S OBLIGATIONS FOR DEVELOPMENT OF AND IMPROVEMENTS TO PROPERTY
The schedule for the project, subject to receipt of all anticipated sources of funding, proposes construction beginning in early 2015 and completion and opening of the first building of the campus in the summer of 2016. The City Council herby directs the City Manager and staff, working with the organizers of Union Square Campus, the Redevelopment Commission and Master Developer, to develop a funding methodology that utilizes current and anticipated revenues from existing City revenue sources to help support the following items: Provide up to 2 acres of land within the site and 250 parking spaces (surface or as part of a deck to service multiple users) at no cost to the Campus and, provide up to $500,000 toward site development, other infrastructure, and construction costs. In addition, the City Manager and staff are directed to begin development of a plan to enhance the street scape in the vicinity of the site.

University of North Carolina Lease Approval Process November 7, 2013

University leasing review and approval involves many parties:

·        Chancellor

·        Campus Boards of Trustees

·        UNC General Administration

·        UNC Board of Governors

·        NC Department of Administration

State Property Office

·        Council of State

The entities that must approve a lease differ depending on the campus, the annual rent of the lease, the sources of BOG authority, and the term of the lease.

April 14, 2014

Charles Perusse, Chief Operating Officer, the University of North Carolina General Administration

Dear Chancellor Martin:

On April 11, 2014, the Board of Governors of The University of North Carolina approved the following:

  • A lease up to 25,000 square feet at no more than $587,500 a year for 10 years from Union Square Campus, Inc. --This item has been forwarded to the Council of State for final approval.

CC:  Mr. Robert Pompey

April 14, 2014

Charles Perusse, Chief Operating Officer, the University of North Carolina General Administration

Dear Chancellor Brady:


On April 11, 2014, the Board of Governors of The University of North Carolina approved the following:

  • A lease up to 33, 000 square feet at no more than $775,500 a year for 10 years from Union Square Campus, Inc. – This item has been forwarded to the Council of State for final approval.

Cc: Reade Taylor

ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2013 through June 30, 2014.

Note: The UNC Policy Manual, Section 302 E of The Code, “Each standing committee shall make a written report to the Board of Governors at least annually, reviewing the work of the committee during the preceding year.”

All property transactions other than leases, of $250,000 or more, require approval of the Board and, therefore, action by the Committee on Budget and Finance unless approved under the President’s delegation up to $500,000. Upon the approval of the Board, the committee staff forwards such items to the Council of State for final action, emphasis added.  Note:  (President) Authority to approve acquisition or disposition of an interest in real property, other than a lease, for an amount of at least $50,000 but less than $500,000 (§§600.1.3 and 600.1.4[R]).

Lease transactions in excess of $150,000 for campuses without delegated authority require approval of the Board. Lease costs will be at market rate, subject to approval by the State Property Office, and accomplished within the guidelines, procedures, and policies of the North Carolina Department of Administration, emphasis added.            

The following property transactions were recommended for approval:

Acquisition of Space by Lease (April 10, 2014): NCA&TSU and UNCG had requested approval to acquire space by lease as part of a public-private partnership involving a private developer, Cone Health, Guilford Technical Community College, the City of Greensboro, and other institutions. The space would house expansion of the university nursing programs, community college nursing programs, and training facilities for Cone Health.

 

State Property Office declined to approve Acquisition of Space by Lease NCA&TSU and UNCG

"Michael Byers" To: Jonathan Womer (07. 2014) Subject:  Union Square Campus lease

“As we discussed, John Webb in the State Property Office has asked that we use the UNC-GA delegated authority for acquisition by lease to obtain the lease(s) for UNCG and NCA&T for the Union Square Campus initiative rather than sending it through State Property and Council of State.  Emphasis added.

Brooks Skinner Date: 12/03/2014 To Charles Waldrup, Michael Byers CC:  James T. Griffin, Andrew M. Perkins, Robert Pompey, Inex Tuck, Johnathan Womer, William C. Johnson

Brooks Skinner Date: 12/03/2014 To Charles Waldrup, Michael Byers CC:  James T. Griffin, Andrew M. Perkins, Robert Pompey, Inex Tuck, Johnathan Womer, William C. Johnson

Subject:  Re; UNCG & NCA&T lease documents for Union Square Campus    

1, AS I understand it, SPO asked for these leases to execute under the President's authority.  Once approved, the President delegates signature authority to the Chancellor.

 T. Books Skinner, Associate Vice President for Legal Affairs

To: Webb, John  Cc: Cox, John

Subject: RE: Union Square

John, we do not have a lease on record reflecting a UNCGA agreement for Union Square in Greensboro, emphasis added. Our records reflect that this was an agreement between NCA&T and UNC-Greensboro and other parties. I’d suggest reaching out to the CFOs at those two institutions as they are the most likely to have a copy of the lease.

Sorry I couldn’t be more help.

Bruce Warrington

University of North Carolina General Administration
ANNUAL REPORT OF THE COMMITTEE ON BUDGET AND FINANCE TO THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA July 1, 2013 through June 30, 2014, did not indicate Acquisition of Space by Lease NCA&T and UNCG was approved pursuant alleged President delegated authority.

Note: The President Report all actions taken under the authority of these delegations to the appropriate Committee of the Board of Governors either in writing before the next regular meeting of the Board of Governors or at the next regular meeting of the Board of Governors.

The Department of Administration § 143-341(4) (a) has the following powers and duties: To prepare and keep current a complete and accurate inventory of all land owned or leased by the State or by any State agency. UNC Regulations on Required Clearances for Real Property Transactions , ( 5)

Copies of all real property instruments must be filed with the Department of Administration. Every six months the institution is to make a report to the Department of Administration on the status of all leases.

Pursuant Public Record Request for latest inventory of state agency leased facilities in Guilford County to State Property Office. Request reply Inventory lack of Union Square (UNSI) (landlord) NCA&T and UNC-G (tenant (s)) leases indicate leases did not lawfully exist.

SALE AND DEVELOPMENT AGREEMENT
(b) Financial Responsibility. The Component Developer shall provide, prior to commencement of construction of any Improvements, such documentation as may be required by the Commission to evidence the projected construction costs and the Component Developer’s financial ability, through capital contributions, grants, loans or otherwise, to complete the Improvements in accordance with this Agreement.  PROPERTY DESCRIPTION. The property that is the subject of this Agreement consists of approximately [1.00 acres] at the southwest intersection of Arlington Street and East Lee Street in the City of Greensboro, North Carolina.
 

 

Alleged UNC-G  Chancellor Brady signed lease was notarized January 14th 2014

Public record documents allege, UNCG Chancellor Linda P. Brady, January 14th 2014, signed Lease   Agreement between Union Square Campus, Inc. (Landlord) and The University of North Carolina Greensboro (Tenant) location Union Square Campus, Corner of Lee Street and Arlington Street, Greensboro NC, preceding submission April 10, 2014 to UNC Board of Governors.

Note:    On Thu, Nov 20, 2014 Michael Byers wrote:   Hello Charles!

You probably received a lease document from Brooks Skinner about a month ago that was GA's acceptable lease document and asked for your comments and Imogen's comments.  On Imogen's behalf, I have taken Imogen's suggested revisions, all of which would be relevant to A&T's documents as well, and applied them to your version for your consideration.  I have attached that document in markup with Imogen's suggestions with her, do so and just let me know what the two of you decide.   I'd like to send the two revised leases back to Brooks Skinner and others as UNC-GA so that we can be in position to allow the Chancellors to execute the documents in early December, emphasis added.  Mike
 

January 2015 – Redevelopment Commission votes to send first priority Alternate A [Lee & Arlington Streets] to Council along with Sale/Development Agreement for Alternate B at Lee & South Elm Streets as an additional option for consideration.  Requested Action Consider approval of sale and option of land identified as Alternate A, at Lee and Arlington Streets, or Alternate B, at Lee and South Elm Streets, to Union Square Campus Inc.

North Carolina Agricultural & Technical State University Nursing Program Review Report dated October 31, 2014 was considered at Board of Governors Meeting December 5, 2014. The Board adopted recommendations shown in part: (1) continue the suspension of the admissions into the traditional BSN program at NC A&T and teach-out the existing students unless the first time pass rate on the NCLEX-RN in 2014, 2015, or 2016 meets or exceeds the BOG standards. Notwithstanding the traditional Bachelor of Science in Nursing (BSN) degree faced potential elimination and the university was instructed to examine costs of the nursing program.  In 2014 and 2015 NCA&T NCLEX-RN percentages for first-time test writes was 77 % and 76%.  Public record documents indicate, NCA&T Chancellor Harold “Shine“ Martin, Sr. signed off on Leased Agreement Union Square Campus, Inc.  (Landlord) and North Carolina A&T State University (Tenant) January 20th 2015.
BYLAWS OF THE BOARD OF TRUSTEES OF NORTH CAROLINA AGRICULTURAL AND TECHNICAL STATE UNIVERSITY: Any proposal involving the acquisition or disposition by the institution of any interest in real property shall be recommended by the Board of Trustees and must be approved by the Board of Governors; provided that if the proposal involves an interest in real property that is valued at less than $50,000, the Board of Trustees may authorize such transaction and proceed to obtain the necessary approvals from appropriate State officials and agencies. Regulations on Required Clearances for Real Property Transactions 4. All real property instruments are to be entered into in the name of the State of North Carolina, not the constituent institution, regardless of whether signed by the Governor, the chancellor, or some other official.
 

Unambiguous Acquisition of Space by Lease Union Square Campus, Inc. (Landlord) and NCA&T and UNCG (Tenants) leases were not approved by the necessary State officials and agencies and were not in the name of the State of North Carolina.