A&M System Regulation 41.01.01 and OGC Pre-Approved Forms:
The Texas A&M University System (“A&M System”) Regulation 41.01.01 grants Members the authority to negotiate, execute, and deliver certain real estate documents that fall under specific dollar and term thresholds without Office of General Counsel (“OGC”) review and without System Real Estate Office (“SREO”) approval or filing when using OGC pre-approved forms for property located in the State of Texas.
In general, a license is an agreement allowing temporary or intermittent use of property for a specific purpose, and is of short duration. It can usually be revoked and is not able to be transferred. A facilities use agreement, which might be used for space during a conference or a classroom to be used a few times a week for a semester, would be a form of license. A license might also be used if a space is to be shared or if a cooperative research effort requires joint use with the property owner.
A lease is an agreement where the occupant/tenant has exclusive use of real property for a set period of time. It is usually irrevocable and may sometimes be transferred or assigned to a different party. A lease can be used for commercial office or warehouse space, residential use, or agricultural use of land. If the intent is for the tenant to be the only occupier of the property, especially for a period longer than a few months, then a lease would typically be the appropriate form to use.
Lease-License Guidance Chart: This chart may be used to assist in determining when a pre-approved form can be used for a lease or license. If the Member is unsure whether a form can be used under certain circumstances, or which form to use, the Member should contact the Property and Construction group of OGC.
Below are downloadable OGC approved forms that may be used by A&M System Members under certain circumstances as set forth in A&M System Regulation 41.01.01 (the “Regulation”). Only the blanks on the pre-approved forms may be filled in. Changes to the body of the forms are not allowed without OGC approval.
- Employee Residential Lease: Under Section 5.2 of the Regulation, this lease form may be used when A&M System property in the State of Texas is being leased to an A&M System Member’s employee for adequate consideration to be used as the employee’s residence in connection with the employee’s official duties. The term may not exceed the lesser of two years or the employee’s term of employment.
- Lease – TAMUS is Tenant (Maximum 2 yr/$50,000): Under Section 6.2 of the Regulation, this lease form may be used when an A&M System Member is leasing space from a third party, but only when the term of the lease does not exceed two years and total rent for the lease does not exceed $50,000 per year. Otherwise, SREO approval of the business terms and OGC review and approval of the lease agreement is required.
- FUA/License – Member as Licensor: Under Section 12.1 of the Regulation, this Facility Use Agreement (“FUA”) may be used when an A&M System Member grants a third party a license to use A&M System space for adequate consideration, but only when the term of the FUA does not exceed one year and the fee for use of the space does not exceed $50,000. Otherwise, SREO approval of the business terms and OGC review and approval of the license agreement is required. See 12.1 of the Regulation for more details.
- FUA/License – Member as Licensee: Under Section 12.2 of the Regulation, this FUA may be used when an A&M System Member is granted a license to use space in the State of Texas by a third party. However, if the term of the FUA exceeds two years or the fee for the use of the space exceeds $50,000 per year, then SREO approval of the business terms and OGC review and approval of the license agreement is required.
- FUA/License Addendum: This form may be used in conjunction with a third party’s agreement when an A&M System Member is granted a license to use space in the State of Texas by a third party. Otherwise, SREO approval of the business terms and OGC review and approval of the license agreement is required when total consideration during the term exceeds $50,000 or the term exceeds one year.
- Intrasystem Facility Use Contract: Under Section 11 of the Regulation, review or approval by System Real Estate Office or OGC is not required when this OGC approved form is used for agreements between the A&M System and an A&M System Member or agreements between A&M System Members for the use of A&M System real property.
For A&M System Members making a Commercial Lease or Residential Lease request under circumstances that do not allow for the use of pre-approved OGC forms, members should click on the appropriate link below and complete as much information as possible on the RESIDENTIAL LEASE SPEC SHEET or COMMERCIAL LEASE SPEC SHEET, then return the completed SPEC SHEET to SREO when requesting a new lease.