Agenda Item   



                                                                                                                        ASR Control  23-000989




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Thomas A. Miller (714) 834-6019 



Daniel Leung (714) 834-3702



Subject:  Renewed Delegated Authority for Donated Space Agreements


      ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Resolution to Form




3 Votes Board Majority




    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:            

Sole Source:   N/A

    Current Fiscal Year Revenue: N/A

   Funding Source:     N/A

County Audit in last 3 years: No

   Levine Act Review Completed: N/A


    Prior Board Action:         4/13/2021 #43; 12/10/2002 #60






Adopt the attached Resolution delegating the Chief Real Estate Officer or designee the authority to execute donated space agreements, in substantially the form attached, that allow for County use of non-County real property on a rent-free basis.







Adoption of the attached Resolution authorizes the Chief Real Estate Officer or designee to execute donated space agreements for County use of non-County property, which will assist in reducing administrative costs and processing time when completing minor real estate transactions.






On December 10, 2002, the Board of Supervisors (Board) delegated the authority to execute donated space agreements (DSA) that are substantially in the County’s standard form, pursuant to Government Code Section 25355. DSAs are property arrangements whereby County agencies are allowed to occupy and provide certain services on property owned by another entity without the payment of rent.  DSAs are used by various County agencies to provide services such as: public health testing, vaccinations, therapeutic care for children, elder care services, nutritional counseling, welfare to work programs and children and facility services.  On April 13, 2021, the Board approved an updated resolution and the delegation of the authority to the Chief Real Estate Officer or designee to execute such form, consistent with Government Code Section 25355, which permits the Board to delegate the authority to accept “any gift, bequest, or devise made to or in favor of the county.”


CEO Real Estate is now seeking renewal of the previously granted delegated authority along with a revised form DSA, which will allow the Chief Real Estate Officer or designee to make minor modifications to the DSA including, but not limited to, modifications that do not increase the County’s liability, which includes County’s indemnification of the property donor (Donor) up to $2,000,000 provided that (a) any revisions to the DSA receives prior approval from County Counsel, and that (b) the Donor provides insurance coverage consistent with County insurance requirements.


Use of delegated authority continues to substantially reduce administrative processing time, thereby allowing the County of Orange to provide enhanced customer service when processing minor real estate transactions. All aforementioned transactions executed under this authority will be reported to your Board annually, but in the event there are any in excess of $10,000 in value, those will be reported quarterly consistent with Government Code Section 25355.


Compliance with CEQA: The subject activity is not a project as defined by CEQA pursuant to Section 15378 of the CEQA Guidelines.














Attachment A - Resolution and Donated Space Agreement
Attachment B - Government Code Section 25355