Authority to Negotiate and Execute Real Property Licenses
(Delegation of Authority SCDA-BUS0013)
I. Delegation Summary
Delegated To: Director—Materiel Management
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: Vice Chancellor—Business & Administrative Services
Effective Date: October 1, 2001
II. Detailed Delegation
Effective immediately, the Director of Materiel Management is authorized to negotiate, and within the following parameters to approve and execute, 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 total license
term (including options) does not exceed five years, and
b. the base annual consideration (exclusive of operating expenses and all concessions to the University) does not exceed $50,000 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.
1. The Director of Materiel Management shall submit real property licenses to the Vice Chancellor—Business & Administrative Services for approval and execution when such contracts have: (i) a total term, including options, that exceeds 5 years but does not exceed 10 years, and/or (ii) a base annual consideration (exclusive or operating expenses and all concessions to the University) that exceeds $50,000 but does not exceed $250,000 for the initial year, provided that such contracts otherwise meet the conditions listed in A.1 through A4. above.
2. License agreements which exceed the maximum term of 10 years and/or the maximum base annual consideratikon of $250,000, or which fail in any other respects to meet the conditions listed in A1. through A4. above, 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 :
SCDA-BUS0012, Authority to Negotiate and Execute Real Property Licenses, Chancellor to Vice Chancellor—Business and Administrative Services, dated:June 13, 2001.
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