R705, Leased Space

R705-1  Purpose: To comply with statute requiring the Board of Regents to establish written policies governing leasing for higher education institutions and to provide procedures for the approval of new leased space and for the annual reporting of leased space to the Board of Regents.

R705-2  References

2.1.  Utah Code 53B-20-101 (Property Rights – Title and Control)

2.2.  Utah Code 63A-5-305 (Leasing by Higher Education Institutions)

2.4.  Policy and Procedures R220, Delegation of Responsibilities to the President and Board of Trustees

2.5   Policy and Procedures R315, Service Area Designations and Coordination of Off-Campus Courses and Programs

2.6   Policy and Procedures R587, Contract or Lease-Purchase Financing

2.7.  Policy and Procedures R712, Nontraditional Arrangements for Development of Facilities on Campuses

R705-3  Board Approval of Certain Leases: The Board of Regents shall review significant lease terms and institutional requests to renew or enter into new leases of capital facilities space for programs of instruction, research, or service when contracts for leasing such facilities:

3.1   Exceed $250,000 per year regardless of funding source for the University of Utah or exceed $100,000 per year regardless of the funding source for all other USHE institutions;

3.2    Commit the institution to space rentals for 10-years duration;

3.3   Lead to the establishment of regular state-supported daytime programs of instruction in leased space; or

3.4. Will include instructional space located outside of the service area designated by Regent Policy R315, Service Area Designations and Coordination of Off-Campus Courses and Programs.

R705-4. Leasing State-Owned Property to Outside Entities: The Board of Regents shall review and approve institutional requests to lease state-owned institutional property to non-institutional entities if the lease will exceed $250,000 or extend for more than 10 years for the University of Utah or exceed $100,000 per year or extend for more than 10 years for all other USHE institutions other than the University of Utah.

4.1.  Approval of nontraditional arrangements for the use of institutional-owned facilities is subject to the provisions of Regent Policy R712, Nontraditional Arrangements for Development of Facilities on Campuses.

R705-5. Delegation of Authority to Boards of Trustees: The Board of Regents delegates authority to the institutional Board of Trustees to approve:

5.1 Leases under $250,000 of state-appropriated funds and less than 10-years in duration for the University of Utah;

5.2 Leases under $100,000 of state-appropriated funds and less than 10-years in duration for all other USHE institutions other than the University of Utah.

R705-6. Delegation of Authority to the University of Utah Board of Trustees for University Health Care System Leases: In accordance with Regents Policy R220, Delegation of Responsibilities to the President and Board of Trustees, the University of Utah Board of Trustees may review and approve all property leases for the University of Utah Health Care System.

R705-7. Annual Report to the Board of Regents: The Commissioner shall report annually to the Board of Regents all space leased by the institutions in the System of Higher Education, including space leased for off-campus continuing education programs and space leased in research parks.

7.1.         Institution Lease Information: In accordance with procedures and forms developed by the Commissioner’s Office, institutions shall annually submit information for all space leased by the institution.

7.2.         Submission to the State Building Board: After review by the Board of Regents, the Commissioner shall forward the report to the State Building Board for possible inclusion its comprehensive 5-year building plan.

Adopted January 20, 2017.