UCLA DA 140.38: Negotiation, Approval and Execution of Licenses for Use of Real Property

Date:	November 13, 2009 Print
From:	Executive Director, Campus Service Enterprises Bradley A. Erickson
To:	Director, Real Estate Wayne Brandt
References:	UC DA 2232 (Negotiation, Approval and Execution of Licenses for Use of Real Property) to Chancellors, et al, dated September 3, 2009; Regents' Standing Order 100.4 (ff) and (jj);
Supersedes:	UCLA DA 140.35 (Approval of Licenses for Use of Real Property) to Director Brandt, dated 10/16/2008.

Effective as of the date above, I hereby delegate to you, in your area of responsibility, the authority 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 related to real property held as an investment of the Corporation), subject to Standing Order 100.4 (ff) and (jj), and to policies, procedures and guidelines that may be established by the Office of the President (including the UC Lease Administration Manual and applicable Business & Finance Bulletins), provided that such agreements:

Involve: (i) real property that is or will be used for University-related purposes, or (ii) University-related property to be used by others, and (iii) are limited in length of term and consideration as follows:
1. the license term does not exceed ten (10) years excluding options when UC is licensee but including options when UC is licensor,
2. the base annual consideration:
  1. does not exceed $50,000 for the initial year, and
  2. if the initial year consideration exceeds $500,000, the agreement must either be on (1) a University standard form license without material modification, or (2) a form license that has been reviewed and approved by the appropriate risk manager in the event it contains indemnity, waiver or subrogation, or insurance provisions, or (3) a form license that has been reviewed and approved by the Office of the President Real Estate Services Group (RESG) and the Office of General Counsel (OGC); or
Are revocable on not more than 180 days’ notice; and
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 (see Regents Standing order 100.4(dd)(9)), or as otherwise authorized by The Regents.

License agreements that do not meet these conditions must be submitted to the President or The Regents for approval and execution, in accordance with the Standing Orders of The Regents. The campus license practitioner shall complete and maintain in the official license file the attached checklist for licenses prepared pursuant to this delegated authority (“Lease/License Checklist”). The campus shall be the office of record for original executed licenses of real property, including facility use agreements, and amendments thereto executed pursuant to this delegation.

In order that I may submit a report to RESG annually, by July 31st, you shall certify and submit to me such report listing each agreement approved and executed pursuant to this delegation during the preceding fiscal year, including total cost of licensed space and average cost/square foot, and attest that all terms referenced in this delegation and the attached Lease/License Checklist have been met.

This delegation is being issued due to the reissuance of the parent OP delegation. There are numerous substantive changes to the delegation being superseded including no initial license term (was 5 years); agreements are revocable up to 180 days’ notice (was 120 days); a new Lease/License Checklist requirement and annual reporting requirement to RESG. This authority may not be further redelegated.

Attachment - Lease/License Checklist

cc:	Chancellor Executive Vice Chancellor & Provost Administrative Vice Chancellor Associate Vice President, Capital Resources Management General Counsel & Vice President, Legal Affairs Universitywide Policy Coordinator Manager, Administrative Policies & Delegations