9.10 Use of Board of Regents Property
9.10.1 Leasing Authority as Landlord
The Chancellor or the USG chief facilities officer is authorized and empowered to execute, accept, and deliver for, on behalf of, and in the name of the Board of Regents of the University System of Georgia and under its SEAL, and without prior approval by the Board, any and all rental agreements, supplemental agreements, and subrental agreements in which the Board of Regents is named as the landlord of the property rented and where the total rent to be paid to the Board does not exceed $25,000 per month during the initial term and $35,000 per month during any subsequent renewal term(s).
The USG chief facilities officer will periodically report to the Board of Regents on lease transactions where the Board of Regents is named as the landlord.
(BoR Minutes, January 2016)
9.10.2 When to Lease as Landlord
It is the intention of the Board of Regents to ensure that owned space within the USG is utilized with the greatest efficiency.
Institutions should lease facilities to others only when:
- There is sufficient excess capacity available on campus; and
- The rental rates are fair and equitable; and
- The use of the leased space is compatible with the institution mission and/or of benefit to the institution; or
- There are other extraordinary circumstances that require leasing.
Institutions are charged with periodically reviewing all space leased to others against the above criteria to ensure it is still appropriate, and with providing an annual report on leased space to the USG chief facilities officer, who will exercise oversight on leasing activity.
(BoR Minutes, January 2016)
9.10.3 Lease of Residential Facilities
The Chancellor is authorized to lease housing to groups external to the USG for a maximum term of one (1) year under the following conditions:
Any option periods or extensions beyond one (1) year will require specific approval by the Board. Housing facilities will only be leased to outside parties when it has been determined that there is sufficient excess capacity and when such lease will not impact the ability to house all institutional students desiring housing during the term of the lease. Any lease to outside parties should be contemplated only after a good faith effort has been made to fill housing with USG students.
Any lease of housing must be compatible with the mission of the institution and must not be disruptive to the institution’s students occupying housing. Leases for other than an institution’s own students will only be considered in priority order for cooperative interns, college students, education institutions, or not-for-profit education institutions. Leases to individuals or groups not in these categories will not be considered. The lease rate will be at market rates for comparable housing in the vicinity and in no case will be less than the rate being charged to the institutional students for similar accommodations. Payment for the lease will be made in full prior to the commencement of the term of the lease.
The president of each institution may recommend to the Chancellor or the USG chief facilities officer the leasing of residential facilities up to 2,000 square feet owned by the USG for fair market value rent and for a period of time up to two (2) years at such times when such facilities are not in use by the institution. The president shall certify that such proposed lease of residential facilities does not adversely affect or impact the institution. Any revenues generated by such proposed lease of residential facilities will be used only for maintenance of the residential facility. Such leases shall be in writing and shall be consistent with guidelines promulgated by the Chancellor or the USG chief facilities officer.
(BoR Minutes, 1996-97; January 2016)
9.10.4 Lease of Research Facilities
The following policies shall govern the leasing of laboratory and research facilities:
- The president of each institution may recommend to the Chancellor the leasing of laboratory and research facilities owned by the USG to private businesses, companies, and corporations for the purpose of small business and economic development during times when such laboratory and research facilities are not in use by the institution.
- The president shall certify that the proposed lease of such laboratories and/or facilities does not adversely affect or impact on the institutional or research programs at the institution, or conflict with the academic and service mission of the institution.
- Such leases shall be in writing and shall be consistent with guidelines promulgated by the Chancellor or the USG chief facilities officer.
(BoR Minutes, 1987-88, p. 139; January 2016)
9.10.5 Presidents’ Homes
The policy of the Board regarding presidents’ homes shall be as follows:
- Presidents of research universities will be required to live, without charge, in university housing unless an exception is granted by the Chancellor. There shall be no presidential housing at other institutions (BoR Minutes, 1984-85, p. 114; 1985-86, p. 53-54; October 2013).
- The institutions shall be responsible for the repair, upkeep, and routine cleaning of the buildings and grounds of the homes furnished for presidents.
- The institutions shall be responsible for furnishing electricity, gas, water/sewer, disposal, telephone, and internet services.
- No food, food service, or other personal services shall be provided for the presidents and their families (BoR Minutes, 1967-68, pp. 416, 645).
- Any proposed project for improvement of the buildings and grounds of a president’s home, other than routine and necessary maintenance, shall be submitted for review to the Vice Chancellor for Facilities, who will provide a recommendation to the Chancellor and the Board of Regents as part of the regularly scheduled business of the Committee on Real Estate and Facilities. Improvement shall mean any change to the buildings or grounds such that it achieves greater future benefit, rather than maintains the buildings or grounds at its previous level of service. Any subsequent changes in the scope of the project or budget shall be similarly submitted for review and approval (BoR Minutes, 1990-91, p. 385; October 2013).
9.10.6 Use of Institutional Facilities/Property
The policy of the Board regarding the use of institutional facilities/property shall be as follows.
The president of each institution may authorize the use of institution facilities for political speeches; however, such use shall be limited to meetings sponsored by recognized organizations of the institution and shall be held only at places designated by the president.
The use of USG materials, supplies, equipment, machinery, or vehicles in political campaigns is forbidden. (BoR Minutes, 1976-77, p. 257)
An outside party may request permission to use an institution facility for an event that is not contrary to the mission of the institution; however, in such instances, the president of the institution shall require the completion of a USG-approved license agreement, including a properly executed indemnification and liability insurance agreement unless said outside party is constitutionally prohibited from doing so. (BoR Minutes, January 2016)