This
policy sets the Board's parameters for the sale, transfer or conveyance
of real property, the acceptance of gifts of real property and the lease
of real property. It sets out the reporting requirements and approval
processes for these transactions as well as requirements for the maintenance
of related administrative policies and procedures. The policy divides
the University's lands into three zones: campus, nature areas and endowment
lands. Appended to the policy are a map on campus zoning and guidelines
for the development of the endowment lands. This policy does not apply
to real property that may be held by the University in its investment
portfolios.
SECTION
I PROPERTY TRANSACTIONS
A.
Sale , Transfer or Conveyance of Real Property
1.
Real property* owned by the University
may not be sold, transferred, or conveyed without the prior approval
of the Board of Governors.
2.
Before the decision to sell, transfer or convey is taken,
it shall be determined to the satisfaction of the Board that the real
property in question is not required for the foreseeable needs of the
University on grounds that:
a)
it is not usable or needed for academic or administrative purposes;
or
b)
the maintenance or required improvement costs associated with continued
ownership or use of the property are not reasonable; or
c)
it is demonstrably in the best long-term interests of the University
to sell, transfer or convey the land.
3.
When authorized to dispose of real property, the President
will be given an explicit mandate concerning value to be received in
return.
4.
Written policies and procedures for the sale, transfer
or conveyance of real property (including steps needed to determine
surplus/available status, appraisal, Ministry clearance, notification
of tenants, selection of realtors, etc.) will be maintained and available
to the public. All policies and procedures will comply with government
regulations and will be in accordance with sound business practices.
They will be reviewed periodically by the appropriate board Committee.
B.
Gifts of Real Property
1.
The University will not accept or receive
a gift of real property if the University is restrained in any manner
from otherwise disposing of all or part of it after acceptance and receipt.
2.
Only the Board of Governors may accept gifts of real property
on behalf of the University. Gifts of real property will be considered
only on the recommendation of the President. Each recommendation will
be accompanied by an independent valuation and market assessment (including
title investigation), an environmental assessment, and an evaluation
of compatibility with general University purposes.
3.
Gifts of real property will not normally be retained by
the University unless they are considered to be strategically essential
to the academic or administrative purposes of the University. In some
instances gifts of real property may be retained if there are economic
benefits of retention evidenced by the periodic independent comparative
cost/benefit assessments.
C.
Lease of Real Property
1.
In order to enhance its revenue, the University
may lease real property not immediately required for academic or administrative
purposes.
2.
The University shall not enter into any lease of real property
owned by the University with a term exceeding one year including any
lessee's option for renewal without the Board of Governors first approving
the length of the term of any such lease.
3.
All leases of real property entered into for a period of
time of one year or less will be reported to the appropriate committee
of the Board on an annual basis.
SECTION
II ZONING OF CAMPUS LANDS
The
Board of Governors recognizes the ecological values and constraints
of the University's lands, and agrees that these lands should be planned
and managed in a manner consistent with the philosophy and practice
of ecologically sustainable development.
Campus
Zones
The
University's lands within the City of Peterborough are divided into
the following three recognized zones as set out on the 1:2,000 master
map (Senate Site Development and Space Utilization Committee, 1990),
and outlined on the map attached as Appendix A:
1.
THE UNIVERSITY CAMPUS, consisting of all the lands thus
identified on the master map together with all the lands constituting
Catharine Parr Traill College in downtown Peterborough ;
2.
THE UNIVERSITY NATURE AREAS, consisting of the 16 numbered
areas identified on the master map, as areas in which building and incompatible
use will be prohibited; unless specifically determined otherwise by
the Board;
3.
THE UNIVERSITY ENDOWMENT LANDS, consisting of the remaining
University lands in Peterborough .
Consultation
The
Board notes that the University has a formal structure of presidential
and administrative advisory committees some of which have an advisory
role related to the use of land. Administration shall consult with the
appropriate internal land use committee(s) before a proposal for use
of the University Campus Lands or Nature Areas is brought forward for
Board approval and a report on that consultation process will form part
of the proposal.
SECTION
III DEVELOPMENT OF ENDOWMENT LANDS
Guidelines
for the Development of the Endowment Lands
Guidelines
for the development of the University Endowment Lands are attached as
Appendix B. These guidelines were approved by the Board of Governors
in 1992 and are scheduled to be reviewed and updated following completion
of the endowment lands master plan.
*“Real
Property” includes land, buildings or interests therein.
Appendix
A
Campus
Zone Map
Zone
Map II.4
Appendix
B
Guidelines
ENDOWMENT
LANDS PLANNING GROUP
Preamble
In
times of increasing financial difficulty, the President of Trent University
has identified its landholdings as one of the University's major assets
and has called upon the University to find some solutions to its financial
problems by realizing the potential for revenue generation which those
landholdings represent. In 1989-90, the Senate and the Board of Governors
of the University, working co-operatively, identified those areas of
the Nassau campus which will be required for future academic development
and those areas which should be protected as nature preserves. The remaining
lands, as indicated on the map (Appendix A), were identified as the
University's Endowment Lands, potentially available for development
projects which would produce revenue for the University. In recognition
of the University's obligations for stewardship over these valuable
resources and its responsibility to the larger community of which Trent
University forms a part, the Endowment Lands Planning Groups was constituted
in 1990 to draft a set of guidelines which would govern development
projects undertaken on the Endowment Lands. The following guidelines,
having been presented to the University community at large for comment,
are now forwarded to the Board of Governors of Trent University for
its consideration and adoption.
Guidelines
1. The
Endowment Lands Planning Group reaffirms the Board's policy regarding
long-term lease rather than sale of parcels of the Endowment Lands.
Development plans should actively pursue the possibilities for leasing
arrangements and should not seek out projects which require the sale
of land. If sale were deemed to be a necessity, it should be contemplated
only on those of the University's Endowment lands that are not contiguous
to the mail Nassau campus. The onus should be placed on the University
Board of Governors to justify sale in such cases.
2.
The University is particularly interested in encouraging development
projects that could serve as models of their kind, both locally and
nationally. Among the kinds of projects to be encouraged are: projects
relating directly to the University's functions of teaching and research
(e.g. a research park or co-operative ventures with appropriate government
ministries); innovative approaches to higher density housing; integrated
developments in living and learning (e.g. a Seniors' College); community
based projects; energy-efficient and environmentally-sustainable development
projects; projects which do not necessarily involve construction (e.g.
reforestation, agriculture, Christmas-tree farming, a golf course);
appropriate commercial and service developments, especially in areas
contiguous to existing commercial use or strategically located to serve
the existing University community.
3.
Specific proposals should be compatible with the institutional nature
of Trent University ; they should be in harmony with and maintain the
existing character of the institution, its architecture and surroundings.
Among the considerations to be taken into account will be:
•
the mission of the University;
•
as appropriate, compatibility with existing or contemplated developments
on University Endowment Lands.
4.
Normally, the development process should be initiated by the University,
which would identify the particular type of project best-suited to its
current needs, match I with a suitable parcel of land, obtain the required
permissions to proceed and then move to a Request for Proposals form
carefully-selected developers with a proven reputation for integrity
and long-term commitment.
5.
All legal obligations to the original owners of specific parcels of
land, whether donated to the University or expropriated by it, will
be observed.
6.
All relevant environmental assessment and municipal planning procedures
will apply.
7.
In addition, the Board of Governors will ensure that the University
community is offered the opportunity to review the environmental sensitivity
of specific projects before final approval to release a specific parcel
of land is given.
8.
Any applications for zoning changes should be undertaken by the University,
not by an outside agent acting on its behalf.
9.
The University should designate a sole individual or office as the contact
for dealing with developers, outside agencies and general public, in
order to ensure a consistent flow of information and a uniform representation
of the University's stance on development issues. This office or individual
should solicit proposals for development projects from students, staff
and faculty of Trent University as well as externally.
10.
All proposals put forward under 9 (above) should be placed before the
Board's Physical Planning and Development Committee in concept form
for initial screening.
11.
The process for detailed evaluation of specific proposals should include
consultations with the University and the neighbouring communities and,
in its final stages, consultation with the Board's Physical Planning
and Development Committee with references, as appropriate, to either
or both of the Nature Areas Committee and the Site Development and Space
Utilization Committee. Final authority for the release of a given parcel
of land for a specific development proposal rests with the Board of
Governors of Trent University, which should, before granting such release,
satisfy itself that all appropriate consultative procedures have been
followed.
12.
The University should move quickly to identify and pursue a revenue-generating
project of modes scope and impact in order to gain experience before
proceeding with more major development projects.
13.
The above guidelines should be reviewed in light or initial development
experiences to test for their adequacy and practical applicability.
After such initial examination, they should be reviewed regularly, at
five year intervals. Responsibility for initiating these reviews should
rest with the Physical Planning and Development Committee of the Board
of Governors, using whatever mechanism it deems appropriate to the time
and circumstances.
Approved
by the Board of Governors: April 29, 2005
Replaces
SR II.4 ( Sale , Transfer or Conveyance of Real Property ) 1994, 2002;
SR
II.5 (Gifts of Real Property) 2002; and
SR
II.6 (Lease of Real Property) 1994. 2002.
