UC IRVINE DELEGATION OF AUTHORITY

IDA 418

August 12, 2005

VICE CHANCELLOR
PLANNING AND BUDGET

RE: Redelegation of Authority - Negotiation, Approval, and Execution of Licenses for Use of Real Property

The authority to negotiate, approve, and execute licenses of real property was delegated to Chancellors by Presidential Delegation DA 2118, April 5, 2000. I am redelegating to you 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 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:
   1. the initial License term does not exceed five years,

   2. the total term (including options) does not exceed 10 years, and

   3. the base annual consideration (exclusive of operating expenses and all concessions to the University): (i) does not exceed $250,000 for the initial year, and (ii) annual increases in the consideration for subsequent years is limited to either: (a) the actual annual percentage increases 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. pare 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 Form without significant modification or on a form that has been approved by the General Counsel.

License agreements that do not meet these conditions 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.

If the University's licensing of a facility as Licensee results in that facility's use as a primary work location for a University employee, or for continuous classroom, residential or other use by the University for a period in excess of twelve months, regardless of the initial term, then the License shall be subject to compliance with all of the health and safety standards applicable to a lease with the University as tenant, including the Seismic Safety Policy. A responsible University employee should review each facility subject to a license and make a determination that no University employee, student, or invitee will be placed in unreasonable risk as a result of use of the facility subject to the License or other use agreement, even when the facility will not serve as a primary work location or for continuous classroom, residential, or other use.

This authority may not be redelegated further and supersedes the May 22, 2000 redelegation of authority from Chancellor Cicerone on the same subject (IDA 306).

Michael V. Drake
Chancellor