Licensing includes license preparation, negotiation and execution, representing UCSD as Licensor or Licensee, preparing, reviewing, negotiating and executing renewals, amendments, and termination agreements; and license administration including acting as Licensee and Licensor liaison, coordinating property inspections, overseeing repairs and maintenance, obtaining certificates of insurance, property tax and possessory interest filing, and maintaining a license database.

The Real Estate department (“RE”) is responsible for handling license agreements that involve the restricted or non-exclusive access, use and/or occupancy of University (as “Licensor”) real property by an external entity or the restricted or non-exclusive access, use and/or occupancy of an external entity’s real property by the University (as “Licensee”).

1.    Definition of Real Property - Lands, buildings, and fixtures, which are items of personal property attached to real property in such a manner as to become real property and of a regulated and/or fiduciary nature. 

2.     Examples of External Entities - Include but are not limited to the following:  

• government entities: city, county, state, or federal governments;
• business entities: corporations; partnerships; sole proprietorships; limited liability companies;
• charitable organizations;
• the various branches of the U.S. military.

3.   Examples of Types of Licenses - Specific types of licenses handled by Real Estate include, but are not limited to, the following examples:

• Event Parking Licenses - Use of University paved parking lots or vacant dirt lots for an external entity’s limited use. Please note that although all parking lots are administered by Transportation/Parking Services, Real Estate assists in the development and processing of this type of license agreement.
• Telecommunications Licenses - Use of the University’s telecommunications facilities and infrastructure and/or other properties by an external entity or the use of an external entity’s telecommunications facilities and/or other related properties by the University. Examples of this category include, but are not limited to, the following: Mt. Soledad Antennae Site agreements; conduit agreements; and roof top agreements (PCS, Cellular, Paging, etc. installations).
• ATM Services Licenses - Use of University real property for the installation/housing of ATM machines that are either outdoor installations or interior fixtures and owned and operated by an external entity.
• Mobile Food Facility Licenses - Use of University real property for the installation/housing of coffee and food carts or kiosks that are either indoors or outdoors and owned and operated by an external entity.
• Construction Staging Licenses - Use of paved parking lots or vacant dirt lots, separate from the corresponding construction site, by an external entity in connection with University related construction projects.
• Research Related Licenses - Use of University real property for research related projects of either an external entity or a joint program between the external entity and the University; or the use of an external entity’s real property for purposes of staging or conducting a research activity, etc. in connection with University research.
• Black’s Beach Access Licenses - Use of University's access road and parking lot at Black’s Beach by owners of designated residences in the La Jolla Farms subdivision and for educational, research, or life/safety uses.
• Gliderport Activities - Use of the vacant lot owned by the University which is adjacent to the Torrey Pines Glider Port and used for glider activities.
• Miscellaneous Licenses - Use of University real property on a non-exclusive basis not listed above as determined on a case by case basis by Real Estate.

4.     Request for License - All requests or inquiries regarding the licensing of real property should be directed to Real Estate prior to commencement of the proposed license activity.

5.     Sponsorship - A license activity requiring the preparation of a license agreement by Real Estate and concerning the use of University developed or undeveloped lands or facilities by an external entity must be sponsored by a UCSD/UCSDMC department/entity. The purpose of such sponsorship is to ensure the proposed activity is in the best interest of the University and surrounding community. It is the responsibility of the sponsoring department/entity to:

1. ensure the proposed activity
   • is either directly or indirectly beneficial to the University,
   • adheres to all University policies
   • undergoes an adequate evaluation process prior to submission to Real Estate;
2. serve as liaison between the University and the external entity; and
3. assume the role of internal advocate for the proposed activity.

The sponsoring department/entity shall act reasonably and responsibly with respect to its support of the proposed use which must be within the scope and mission of the University. If the sponsoring department/entity is negligent with respect to such responsibility, UCSD’s Risk Management will look to the sponsoring department/entity to cover all or a portion of the economic losses that may result from such negligence.

6.     Approvals - Depending upon the nature of the license agreement, it may be reviewed by 3 to 12 or more parties/departments/agencies as indicated in Part VIII.A.5. of PPM 440-4. In addition, if the proposed use of University real property is by an external entity for retail or commercial services, it will need to be reviewed by the Retail and Commercial Services Advisory Committee.

7.     Additional Information – Please see PPM 440-4 for additional information regarding:  References and Related Policies; Timeframes; Jurisdiction; Financial Policies; Procedures; and Administrative Responsibilities.