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.. |
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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.
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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. |
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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 |
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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. |
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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". |
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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. |
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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. |
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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:
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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. |
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Erskine Bowles Administration recommended document Lease of Joint
Millennial Campus - North Carolina A&T State University and The
University of North Carolina at Greensboro [ Appendix C] to UNC Board of
Governors fraudulently, knowingly and willing containing false claimed :
- "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, 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.
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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 processed by the
State Property Office. |
UNCG August 31, 2006
Action Item:
Master Plan for the South Campus |
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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.
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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:
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- " In January 2006, a ground Lease was
approved and recommended for approval by the Board of Governors..
.of the properties identified as the JMC."
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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 |
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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. |
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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.
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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 |
With Lease Gateway South Campus may not
constitute NC A&T Campus a condition of the USDA Lease agreement |
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. |
GCID
received Solicitation for Offers [ SFO NO. 5NC0075]
dated 6/12/06, which stated The General Services Administration
Desires to Lease 24,732 Rentable sq. ft. which will yield 21, 606 square
feet of Office and related space in Greensboro, North Carolina.
Area of Consideration The North Carolina A&T University Campus,
Greensboro, North Carolina. (Page 5,1.2). Offers due date July
6, 2006. |
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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 |
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Carolina Agricultural & Technical State University through a
negotiated lease procurement. 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 |
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U.S. General Services Administration, August 8, 2006, email to John
Merrill Executive Director GCID says "This letter is in regards to SFO
for the USDA Natural Resources Conservation Service to 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. |
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NC A&T didn't have a joint program with
UNCG |
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 |
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Campus without a syllable pertaining to a 75-acre parcel of
land on NC A&T farmland. [NC
A&T
Resolutions: In Support of The Creation
of a Joint Millennial Campus
maybe Bogus ] |
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UNCG August 31, 2006
Action Item:
Master Plan for the South Campus |
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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. 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. |
USDA Timeline
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2001 |
NC A&T update university Master Plan
to include Millennial Campus |
Feb. 2003 |
Joint Millennial Campus Concept Paper is presented to UNC
Office of the President. |
August 2003 |
The Joint Millennial Campus is announced to the
community |
Sept. 2003 |
GCID is formed as not-for-profit |
Oct. 2003 |
UNC Board of Governors allege
designating Joint Millennial Campus |
Dec. 2003 |
Consulting firm hired to perform feasibility study for
the Joint Millennial Campus utilizing funds provided by Joseph M. Bryan
Foundation |
Jan. 2004 |
Submission of initial funding request submitted to
Legislature |
Sept 2004 |
USDA announces plans to move to GCID - South Campus |
Dec. 2004 |
John R. Merrill introduced as the first Executive
Director of the GCID |
Sept. 2005 |
sole Source letter received from USDA eliminating the
need for the GCID to be involved in a competitive bid process for the USDA
space lease |
Sept. 2005 |
GCID and university's Boards and Chancellors signed MSDA
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Sept. 2005 |
A "draft ground lease is developed to formalize
management and development of the two 75 acre properties under the guidance
of the GCID |
UNCG Academic Affair
Annual Report 2005 Lease
negotiations with the USDA continue to move forward, however the pace is
much slower than hoped. Formal negotiations will be performed by the General
Services Administration (GSA) in conjunction with USDA staff in Texas. We
anticipate negotiations will begin as soon as the GSA hires a realtor for
the transaction . With the assistance of Camile Kluttz-Leach, skip
Capone, Lee Llody, Bo Rodenbough (Lee and Bo are both from Brooks Pierce -
Greensboro Attorney and UNC Board of Governor member Jim Phillips, Jr. is a
partner in Brooks Pierce), staff from GA, we have develop a draft
ground lease . (GCID 4.2) |
Feb. 2006 |
Ground Lease approved by Board of Trustees at NCA&T and
UNCG |
Feb. 02 2006 |
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. |
Feb. 15, 2006 |
Chairwoman Speight-Buford/ Fails February 22, 2006 Memorandum to Executive
Committee says "
By majority vote, the Board decided that more time
was needed to review the document I [Chair Velma Speight-Buford] announced
that I would seek approval of the document by way of the Executive
Committee.
NC
A&T Board of Trustees Bylaws contained no provision by which Executive
committee acting alone had authority to approve Ground Lease Agreement
tabled in Feb. 2006 Third Regular BOT Meeting Executive Session by BOT
majority vote.
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. 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 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] |
March 06, 2006 |
Note: 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. |
March 13, 2006 |
UNC System submitted
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 . State Property Office John Webb Manager
Leasing identified the source of PO-1 as UNC System. |
March 14, 2006 |
John Merrill 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. |
May 2006 |
Lease of Joint Millennial Campus
submitted to UNC BOG |
May 2006 |
Note: UNC BOG approved lease
of alleged JMC |
May 2006 |
Note: Ground lease submitted
to State Property Office |
July 3, 2006 |
USDA letter to John Merrill NRCS
need for space to be located on the campus of North Carolina Agricultural & Technical State University |
July 2006 |
Proposal submitted for USDA facility to be located at
South Campus. |
August 2006 |
Henderson email to Terry Feravich- GA,
We can deal with the new building under our existing procedures. Let's not
let the proposed lease get in the way of that. |
August 2006 |
GCID Board and both university B.O.T.'s approve South
Campus Master Plan. |
August 2006 |
UNCG approves Master Plan whose
background states" In January 2006, a Ground Lease was approved and
recommended for approval by the Board of Governors...of the properties
identified as the JMC", Published attendees -Merrill, Ross,
Capone. |
Sept. 09/07/2006 |
Lucien Capone email to Don Teeter
You asked for a couple of statutory references, the most current draft of
the proposed ground lease, and the establishment documents for the nonprofit
management entity UNCG and NCA&T created - the Greensboro Center for
Innovative Development (GCID)
1. The Statue authorizing creation of nonprofit entities is G.S. 116-30.20
(2005-276,s. 9.22)
2. The statute providing an exception from Governor and Council of State
approval for space leases of 10 years of less is G.S. 116-198.34(5)
Note: Millennial Campus Statue . All leases and subleases of
land must be approved by the Governor and Council of State, and any lease of
space in building for more that 10 years must receive the same approval, as
in 116-198.34(5) |
Sept. 28, 2006 |
Henderson letter to Don Teeter UNC
General Administration has requested that the State Property Office approve
and accept its concept for developing the JMC which involves a lease of the
existing land and facilities to a nonprofit created by the campuses (UNCG
and NCA&TSU) and subsequent subleases to tenants that will occupy the JMC |
Sept. 2006 |
Best and Final offer submitted for USDA facility |
Oct. 19, 2006 |
Merrill to Henderson, cc to John Webb,
we have received the lease award from the USD, space at the South Campus. I
have attached a copy of the lease. As we look to present the ground
lease to the Council of State, I though additional background might he
helpful. |
Oct. 20, 2006 |
Henderson to Merrill, CC to Webb, 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? |
Oct. 23, 2006 |
Merrill email to Henderson
Regarding the USDA. the USDA deal is a sublease for space only. So the
entire lease would be 10 years or less, which I understood did not require
COS approval. Oct. 23, 2006, Henderson to Merrill You are correct! |
Oct. 2006 |
GSA accepts GCID revised and
corrected offer date August 15, 2006 |
Nov. 2006 |
University's notified Council of
State approved Ground Lease |