Authority to Negotiate and Execute Real Property Licenses
(Delegation of Authority SCDA-BUS0012)
I. Delegation Summary
Delegated To: Vice Chancellor--Business and Administrative Services
Scope of Delegation: This delegation provides authority to
negotiate and execute (sign) real property licenses on behalf of The Regents of
the University of California. Please
see below for restrictions and exceptions
Delegated By: Chancellor Greenwood
Effective Date: June 13, 2001
II. Detailed Delegation
Effective immediately, the Vice Chancellor--Business and Administrative Services is authorized to negotiate, and within the following parameters to approve and execute, contracts relating to licenses of real property including Facilities Use Agreements and other forms of agreement that are equivalent to licenses of real property (except those licenses relating to real property held as an investment of the Corporation), when such contracts:
1. are (i) revocable on not more than 120 days’ notice, or (ii) provide utility services to the campus exclusively, regardless of revocability, or (iii) are limited in the length of term and consideration as follows:
a.
the initial license
term does not exceed five years,
b. the total term (including options) does not exceed 10 years, and
c. the base annual consideration (exclusive of operating expenses and all concessions to the University) does not exceed $250,000 for the initial year, and annual increases in the consideration for subsequent years are limited to either: (a) the actual annual percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U all items), or (b) an average annual rate of increase over the license term that does not exceed 10%; and
2. are not for the purpose of facilitating third-party development of projects on campus for gift, sale, or lease to the campus.
3. do not involve the assumption by the University of liability for conduct of persons other than University officers, agents, employees, students, invitees, and guests, except that this restriction does not apply if under the agreement the University assumes responsibility for liability resulting from the condition of licensed property which the University is obliged to maintain; and
4. are written on a University Standard Lease Form without significant modification or on a form that has been approved by the General Counsel.
Real property license agreements that do not meet the conditions listed in A1. to A.4 must be submitted to the President, the President and the Chairman of the Board, or The Regents for approval and execution, in accordance with the Standing Orders of The Regents.
The authority provided by this delegation is broad and should be exercised with discretion. Therefore, redelegation should be limited to appropriate levels of authority. Any redelegation shall be in writing with a copy to the Assistant Vice President—Facilities Administration, the Special Assistant—Coordination & Review, and the General Counsel and Vice President for Legal Affairs.
Real Property License: A written agreement which permits one party to use the real property of the other party for a specified purpose and for a specified time period. A license agreement generally does not convey complete or exclusive control over the property.
III. “Supersedes” Notification
This is a new delegation of authority and does not supersede any previous campus
delegation on this subject.
IV. Getting Help
The campus Business
Contracts Office can respond to questions about this delegation of authority.
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If you need help with ... |
Contact
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interpreting this delegation |
Business Contracts Office x9-4533 or Real Estate Specialist x9-4747 |
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V. Authority/References
Authority to make this delegation is documented as follows :
UCOP Delegation DA2118, Negotiation, Approval, and Execution of Licenses for Use of Real Property, President to Chancellors, et al., April 5, 2000.
Bylaws and Standing Orders of the Regents of the University of California:
Bylaw No. 21.3, Duties of the Secretary
Standing Order No. 100.4, Duties of the President
University of California Lease Administration Manual
UCSC Policy BUS0001, Responsibility for Business Contracts
UCSC Procedure BUS0002, Administration of Business Contracts
UCOP Delegation DA1058, Execution of Agreements, President to
Chancellors, et al., December 30, 1991.
SCDABUS0003, Authority to Negotiate and Execute Certain Business Contracts and Agreements, Chancellor to Vice Chancellors, July 1, 1997.
VI. Copies
Special Assistant--Coordination and Review
General Counsel and Vice President for Legal Affairs
Senior Vice President--Business and Finance