Section: 440-3
Effective: 04/01/1998
Supersedes: Not Applicable
Next Review Date: TBD
Issuance Date: 04/01/1998
Issuing Office: Real Estate Development (RED)
REFERENCES AND RELATED POLICIES
Environment, Health & Safety |
|
Renovations and Alterations |
POLICY
All requests or inquiries regarding leasing of University land and buildings to external entities or leasing property from external entities must be directed to Real Estate Development (RED). No commitment may be made on behalf of the University, either orally or in writing, except by persons having formal delegations of authority for real property contract execution. Persons making unauthorized commitments may be held personally responsible for financial commitments.
THE REGENTS AS LANDLORD
Scope
Transactions involving the use of University real property by an external entity require a lease agreement between The Regents of the University of California (The Regents) and an external entity. The Regents (Landlord) on behalf of a UCSD/UCSDMC department/entity conveys to an external entity (Tenant) an exclusive right to occupy and use a specific University owned real property on a temporary basis.
Background
Real Estate Development is responsible for leasing of University-owned land or building space to external entities, which entities may (as Tenants) be subject to possessory interest tax as determined by the County Assessor. In addition,Real Estate Development acts as the property and asset manager for University-owned land and buildings located off-campus having non-University tenants or mixed tenancy (non-University as well as University tenants).
PROCEDURES
On-campus educational or research facilities, in general, are leased to non-profit organizations conducting instruction, research, or healthcare functions. Any lease revenues from such activities will be applied first towards the appropriate pro-rata share of the debt vehicle used to finance the building improvement cost, as well as reimbursement of applicable maintenance costs. Departments should direct all inquiries to Real Estate Development regarding leasing of University real property to external entities.
Real Estate Development coordinates with Physical Planning regarding environmental review and physical planning concerns.
THE REGENTS AS TENANT
Scope
Transactions involving the use of non-University real property by a UCSD/UCSDMC department/entity require a lease agreement. The external entity (Landlord) gives The Regents (Tenant) on behalf of the UCSD/UCSDMC department/entity an exclusive right to occupy and use a specific real property owned by the external entity on a temporary basis.
BACKGROUND
Real Estate Development has been designated by the Chancellor as the office responsible for all off-campus leased space. This includes review, negotiation, coordination, and processing with both internal and external entities, for all UCSD and UCSDMC requests for leased space off-campus. This ensures (i) appropriate approvals to proceed with leasing space off-campus are received; (ii) coordination of inspections conducted by UCSD’s Environment, Health & Safety (EH&S) and Facilities Design & Construction (FD&C) is completed; (iii) all financial and business negotiations with external entities are conducted by Real Estate Development; (iv) an evaluation of fair market rents is completed; (v) appropriate approvals on the Standard Form Lease Agreement (SFLA) are obtained; and (vi) leased space is delivered to the department in a timely and satisfactory manner.
Time Frames
Time frames for execution of a lease agreement and occupancy of the premises after submission to Real Estate Development will be affected by which entity within the University system will be reviewing and/or executing the document and the following:
PROCEDURE
Initial Lease Agreement
NOTE: Facilities Planning & Management (FP&M) coordinates, through Real Estate Development (RED), all UCSDMC requests for leased space off campus.
Administrative Responsibilities
OFF-CAMPUS SPACE REQUEST
DATE:_______________
Forward completed form to Real Estate Development (0982). Questions may be directed to the Real Estate Development Office at x47480 or x21145.
REQUESTING DEPARTMENT INFORMATION
Requesting Department:_____________________________________________________________
Dept. Contact: ___________________________ Ext:_______________ Mail Code: __________
Fax Number:_____________________________E-mail Address: _____________________
NEW LEASE INFORMATION
Term:___________ to ___________ # of Individuals: _____ Parking Spaces Needed:___________
Options to Extend: Yes/No:____ Length of Term for Each:_________________________
Approx. Sq. Ft.: _______________________Approx. Rent: ______________________
Proposed Usage (be specific - include typical activities to be performed): ______________________
SITE INFORMATION
Please provide site information listed below. Real Estate Development will work with the department contact regarding lease negotiations. Please do not negotiate any lease terms:
IF REQUEST IS FOR A SPECIFIC SPACE:
Street Address of Property: ___________________________________________________
City, State, ZIP: _____________________________________________________________
Name of Landlord: __________________________________________________________
Landlord Contact: ___________________________________________________________
Landlord Contact Address: ____________________________________________________
Landlord Contact Telephone: __________________________________________________
Previous Use of Space: ________________________________________________________
Tenant Improvements Needed: _________________________________________________
(describe) ___________________________________________________________________
IF REQUEST IS FOR A GENERAL AREA:
Area of San Diego: ______________________________________________________________
(e.g., Kearny Mesa, Hillcrest, La Jolla)
IF THIS NEW LEASE INVOLVES A RELOCATION FROM YOUR EXISTING FACILITY COMPLETE THE FOLLOWING:
Current Address: ___________________________________Approximate Relocation Costs:
_________________________________________________Moving Cost $ _______
Landlord's Name/Address/Telephone:____________________Telephones $________
_________________________________________________Computers $________
_________________________________________________
Expiration Date of Current Lease:________________________Other:___________ $ ____________
Current Monthly Rent: $________________________
FUNDING INFORMATION FOR NEW LEASE AND RELOCATION COSTS (if applicable)
Funding Sources: Relocation New Lease Costs A) State Support Letter Percent of Letter Percent of B) User Fees Source Source Source Source C) Federal Funds D) Medical School Clinic Fees _______ ______% ______ ______% E) Teaching Hospital/Medical Center _______ ______% ______ ______% F) Opportunity/Off-The-Top Funds _______ ______% _______ ______% G) Other: Specify Fund/Org Number: Index Number *: Indirect Cost Rate: o On-Campus o Off-Campus *Any EH&S inspections/reviews required will be charged to this Index Number. APPROVALS: Department Chair Date FOR REAL ESTATE DEVELOPMENT OFFICE USE S.O.M. Dean's Office FD&C (Seismic/ADA) M.C. Director's Office FD&C Engineering EH&S(Health, Safety & Fire) Physical Planning (EIC) Dean, School of Medicine/Director Medical Hospitals & Clinics Date
THE POLICY
INDEPENDENT REVIEW
Any to-be-purchased property shall be rated “Good” or the acquisition budget should be sufficient to retrofit the facility and raise it to the “Good” rating. Leased property should be rated “Fair” or “Good.” When leased property is initially rated “Poor” or “Very Poor” and seismic retrofitting is included in pre-occupancy construction, the facility should be brought up to a “Good,” rather than a “Fair” rating. (In most cases, the cost difference between upgrading a facility to “Good” rather than “Fair”is likely to be marginal.)
REQUIREMENTS FOR INDEPENDENT REVIEW
There is a reasonable expectation that an Independent Review will rate the majority of SMRFs either “good” or “fair.” SMRFs are not included in this category.
CERTIFICATION OF APPLICABLE CODE
The design of the entire facility must be approved by the local jurisdiction. The design must include all additions, modifications and repairs to the seismic resisting systems. The term “entire facility” refers to all parts of a building or group of buildings that are interrelated. For instance, a one story L-shaped structure with a tower attached to it, even though not constructed at the same time, would be considered a single facility. An office building with a contiguous parking structure would be considered a single facility. For lease transactions, the entire facility is defined as the building or interrelated group of buildings containing the leased premises as well as any common areas as defined in the lease agreement. A separate and free standing parking structure may be considered part of the entire facility.
SINGLE-FAMILY WOOD-FRAME RESIDENCES
I, __________________________ an architect, structural engineer, or civil engineer, licensed by the State of California, have completed a recent walk-through of the facility and have reviewed the available documentation and hereby certify the following: that the design of the entire facility, known for purposes of this agreement as
including all additions, modifications, and/or repairs to the seismic resisting systems, was approved by the local jurisdiction pursuant to the 1976 or later edition of the Uniform Building Code. This facility was originally constructed in ____________________ (year). Additions/modifications/repairs took place in __________________ (year(s)) [if applicable].
I further certify that the facility does not contain any of the following: (i) unreinforced masonry; (ii) welded steel moment resisting frames; (iii) flexible diaphragm-rigid walls; (iv) apparent additions, or modifications, or repairs to the seismic resisting systems done without a permit; (v) hillside construction on a slope steeper than 1–vertical to 3–horizontal; or; (vi) multi-story wood frame apartment or condominium structures with construction over first-story parking (soft-story structures).
A copy of the certificate of occupancy is attached.
Printed Name ___________________________ License No. ____________________
Title ____________________________________________________
Signature _______________________________ Date _____________________
Firm Name and Address
___________________________________
___________________________________
___________________________________
AFFIX SEAL HERE
* Currently, this applies to welded steel moment frame structures in Santa Cruz and San Francisco built before 1989, and to those in Los Angeles built before 1994.
DATA APPROVAL SHEET
Off Campus Lease Space - Regents As Lessee
Lease Summary
SAN DIEGO CAMPUS
ROUTING DATE:
Administrative Information
Real Estate System # _____ Type Agreement: _____ Type Action: _____
Approval Level: Campus _____ OP _____ Regents _____ Source: _____
Org./Index: ______________________Fund: ______________________
Lease Participants
Department: _________________________________Lessor:____________________
Contact: ________________________________________________________________Phone: _______________________________________________________________
Address: _____________________________________________________________
Property Information
Address: ______________________ RSF/Lease: _________ Year Bldg. Constructed:
Total Bldg. Sq. Ft: _________________Lease Space Usage: __________________
Total SF Occupied by University: ___________________________
Lease Information - Terms
Start Date: _________ Term Date: _________ Length of Term ____yrs.____ mos.____ days
Options: _________________________________Type of Lease: ___________________________
Lease Information - Financial
Initial Monthly Rent: _____ Cost Per Sq. Ft.: ________ Utilities/Services Included? Yes _____ NO _____
Tenant Improvements: Pd. by Tenant: _____ Pd. by Landlord: ______ Total TI Amt Paid by Landlord Yes ____ No ____
First Year Rent (exclude consessions): _______ Consession: _____ Adjustment Method: ______
Total Minimum Cost Over Term: ____________________ Minimum % Increase: ________
Total Maximum Cost Over Term(include CPI max): __________Maximum % Increase
APPROVALS:
____________________________________________________________
Lease Initiator/Date
____________________________________________________________
Department Chair/Date
____________________________________________________________
Dean, School of Medicine/Director, Hospitals & Clinics / Date