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Board of Trustees

Leasing Policy and Procedure

  1. Purpose
  2. This policy outlines delegations of authority and guidelines regarding the leasing of real property by or from Clemson University.

  3. Policy
      No lease or rental of real property, including any interest in land, buildings, office space, laboratory space, storage space, water, natural resources or mineral rights, may be entered into or will be binding upon Clemson University unless the provisions of this Policy and Procedure are satisfied. Any agreement which does not comply with the terms of this Policy and Procedure shall not be binding upon Clemson University unless ratified by the Chief Financial Officer or the Board of Trustees, depending on the total annual rent as described in this Policy.
        Any request for leasing, or for the extension or renewal of a lease, of real property for University purposes must be submitted to the Office of Land and Capital Asset Stewardship (hereinafter, "LCAS"). Real property leases may be entered into which support academic, research, public service programs or other activities of the University when no land or facility owned by the University or an affiliated organization is available. Deviations from the stated lease provisions require review and approval by Clemson University General Counsel as to legal form.
          The Office of Land and Capital Asset Stewardship is responsible for securing all leased real property for Clemson University and University affiliated organizations (referred to as “lease-ins”). The Office is also responsible for the renting out and leasing of University real property (referred to as "lease-outs"). The University will follow applicable State of South Carolina laws, rules, and regulations in all leasing activity and the University's procedures are structured to ensure compliance with these applicable laws, rules and regulations.
        1. Procedures for Real Property Lease Agreements
          1. Required Approvals
          2. Leases $100,000 annually or less in a single fiscal year may be executed by the University’s Chief Financial Officer and President. All other leases must be approved by the Clemson University Board of Trustees and the State Budget and Control Board.
          3. Time for Approval
          4. To ensure adequate time for all necessary reviews and approvals, lease requests should be submitted to the LCAS 6 months in advance of the date the property is needed. Requests submitted less than 6 months in advance will be processed as expeditiously as possible.
          5. Procedures
            Leases in excess of $100,000 (Annually)
            1. All lease requests shall be forwarded to the LCAS using the approved forms located on the Office website.
            2. After review by the LCAS and formal approval from the Clemson University Chief Financial Officer and Clemson University General Counsel, the request will be sent to the Clemson University Board of Trustees for consideration.
            3. Upon the approval of the Clemson University Board of Trustees the lease request will be sent to the State Budget and Control Board for processing.
            4. The LCAS will submit the final lease to the prospective lessor or lessee for review. Clemson University General Counsel will review and approve any proposed modifications to the standard state lease provided by the South Carolina Budget and Control Board Real Property Services Office.
            5. LCAS will then submit the lease to the Clemson University Board of Trustees Chairman for signature.
            6. The LCAS submits the lease to the Budget and Control Board's Real Property Services Office for final signature and authorization.
            Leases $100,000 or less (Annually)
            1. All lease requests shall be forwarded to the LCAS using the approved forms located on the Office website.
            2. LCAS will review the lease request to determine if all requirements have been satisfied. Clemson University General Counsel will review and approve any proposed modifications to the standard state lease provided by the South Carolina Budget and Control Board Real Property Services Office.
            3. After review by the LCAS the lease will be submitted to the Clemson University Chief Financial Officer and Clemson University President for signatures.
            4. The LCAS will submit one original lease to the State Budget and Control Board Real Property Services Office for their records.

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