Authority to Negotiate and Execute Real Property Rental Agreements and Leases
(Delegation of Authority SCDA-BUS0014)
I. Delegation Summary
Delegated To: Business Contracts Administrators
Scope of Delegation: This delegation provides authority to
negotiate and execute (sign) real property rental agreements and leases on
behalf of The Regents of the University of California. Please see below for restrictions and
exceptions
Delegated By: Director—Materiel Management
Effective Date: October 3, 2001
II. Detailed Delegation
Effective immediately, Business Contracts Administrators are authorized to negotiate, and within the following parameters to approve and execute, contracts relating to rental of real property of the campus when such contracts:
1. pertain only to the use of facilities for academic, research, or public service programs of the University or for related administrative support activities of the University;
2. have a total term, including options, that does not exceed 1 year;
3. have: (i) a base annual rent (exclusive of operating expenses and all concessions to the University) that does not exceed $10,000;
4. 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 leased property which the University is obliged to maintain; and
5. are written on a University Standard Lease Form without significant modification or on a form that has been approved by the General Counsel.
1. Business Contracts Administrators shall submit real property rental agreements and leases to The Director of Materiel Management for approval and execution when such contracts have: (i) a total term, including options, that exceeds 1 years but does not exceed 5 years, and/or (ii) a base annual rent (exclusive or operating expenses and all concessions to the University) that exceeds $10,000 but does not exceed $50,000, provided that such contracts otherwise meet the conditions listed in A.1 through A5. above.
2. Real property rental agreements and leases with a total term exceeding 5 years but not exceeding 10 years and/or base annual rent exceeding $50,000 but not exceeding $250,000 must be submitted to the Vice Chancellor—Business & Administrative Services, provided that such contracts otherwise meet the conditions listed in A.1 through A.5 above.
3. Real property rental agreements and leases which exceed the maximum term of 10 years and/or the maximum base annual rent of $250,000, or which fail in any other respects to meet the conditions listed in A1. through A5. 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.
This authority may not be further redelegated.
Real Property Lease/Rental: A written agreement which creates a relationship of landlord and tenant and conveys to the tenant complete control over real property (land, building space, residence, trailer, etc.) for a specified time period.
III. “Supersedes” Notification
This is a new delegation of authority to Business Contracts
Administrators and does not supersede any prior delegation of authority.
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-BUS0011 Authority to Negotiate and Execute Real Property Rental Agreements and Leases, Vice Chancellor—Business and Administrative Services to Director of Materiel Management, dated 9/28/01
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