Authority to Negotiate and Execute Real Property Licenses
(Delegation of Authority SCDA-BUS0015)
I. Delegation Summary
Delegated To: Business Contracts Administrators
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: 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, 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 one year, and
b. the base annual consideration (exclusive of operating expenses and all concessions to the University) does not exceed $10,000; 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. Business Contracts Administrators shall submit real property licenses to the Director—Materiel Management for approval and execution when such contracts have: (i) a total term, including options, that exceeds 1 year but does not exceed 5 years, and/or (ii) a base annual consideration (exclusive or operating expenses and all concessions to the University) that exceeds $10,000 but does not exceed $50,000 for the initial year, provided that such contracts otherwise meet the conditions listed in A.1 through A4. above.
2. License agreements with a total term exceeding 5 years but not exceeding 10 years and/or base annual consideration exceeding $50,000 but not exceeding $250,000 must be submitted to the Vice Chancellor—Business and Administrative Services, provided that such contracts otherwise meet the conditions listed in A.1 through A.4 above.
3. License agreements which exceed the maximum term of 10 years and/or the maximum base annual consideration 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.
This authority may not be further redelegated.
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.
|
If you need help with ... |
Contact
... |
|
interpreting this delegation |
Business Contracts Office x9-4533 or Real Estate Specialist x9-4747 |
|
|
|
V. Authority/References
Authority to make this delegation is documented as follows :
SCDA-BUS0013, Authority to Negotiate and Execute Real Property Licenses, Vice Chancellor—Business and Administrative Services to Director—Materiel Management, dated 9/29/01 .
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