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R705, Leased Space

R705-1. Purpose: To establish guidelines for the approval of new leased space and to require annual reporting of leased space to the Utah Board of Higher Education.

R705-2. References

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

2.2. Utah Code 63A-5b-805 (Leasing by Higher Education Institutions)

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

2.4. Board Policy R315, Service Area Designations and Coordination of Off-Campus Courses and Programs

2.5. Board Policy R587, Contract or Lease-Purchase Financing

2.6. Board Policy R712, Nontraditional Arrangements for Development of Facilities on Campuses

 R705-3. Board Approval of Certain Leases: Institutions must obtain approval from the Board of Higher Education to enter into new leases of capital facilities space for programs of instruction, research, or service when contracts for leasing such facilities exceed $500,000 per year regardless of funding source for the University of Utah or exceed $250,000 per year regardless of the funding source for all other USHE institutions; or will include instructional space located outside of the service area designated by Board 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 Higher Education shall review and approve institutional requests to lease state-owned institutional property to non-institutional entities if the annual lease cost will exceed $250,000 for the University of Utah or exceed $100,000 per year 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 Board Policy R712, Nontraditional Arrangements for Development of Facilities on Campuses.

R705-5. Delegation of Authority to Boards of Trustees: The Board of Higher Education delegates authority to the boards of trustees to approve institutional property leases that do not exceed the requirements in sections 3 and 4.

R705-6. Delegation of Authority to the University of Utah Board of Trustees for University Health Care System Leases: In accordance with Board 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 Higher Education: The Commissioner shall report annually to the Board of Higher Education all space leased by the institutions in the Utah 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 Higher Education, the Commissioner shall forward the report to the State Building Board for possible inclusion in its comprehensive 5-year building plan.

Adopted January 20, 2017, amended March 26, 2021.

[1] Adopted January 20, 2017, amended March 26, 2021.