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2 <br /> Provisions. The BOCC must approve the revised by-laws because existing by-laws, as written, <br /> can only be modified by action of the BOCC. <br /> Once the revised by-laws as attached are approved, the SC of OC, Inc. Board will be able to <br /> make modifications as it elects under statutes pertaining to incorporation as a private nonprofit. <br /> The Board of SC of OC, Inc. participated in the review, development, and discussion of the <br /> revised by-laws, and voted at its meeting in June 2012 for County Management, Aging and <br /> Legal to submit to the BOCC for approval. <br /> Lease Agreement: The adult care facility from inception was co-located with the central Orange <br /> County Senior Center in the Meadowlands office park. When the senior center moved into new <br /> space built adjacent with the SportPlex, SC of OC, Inc. moved too within the overall capital <br /> project to maintain coordination of senior services. Orange County has not had a formal lease <br /> agreement with SC of OC, Inc. at either physical location. <br /> SC of OC, Inc. occupies approximately 3,550 of rentable, conditioned square feet with a 750 <br /> square foot exterior secure patio. The current market lease for this space would fall between <br /> $11 and $13 per square foot, per year, with the tenant paying for its own utilities and janitorial, <br /> resulting in an annual lease payment to the County of$39,048 - $46,152. <br /> County Management and the County Attorney advise that a formal lease agreement with SC of <br /> OC, Inc. needs to be approved by the BOCC to clarify its relationship to Orange County <br /> government and distinguish its independence as a community-based private nonprofit. An <br /> annual lease payment of $1 is recommended in light of SC of OC., Inc.'s limited financial <br /> resources with written understanding Orange County can re-evaluate the lease payment amount <br /> should the nonprofit's economic circumstances change and/or the rental space discontinue <br /> public purpose use. The lease is renewable for a period of five years. <br /> FINANCIAL IMPACT: There is no financial impact associated with BOCC adoption of the <br /> revised by-laws for, and minimal impact with approval of a lease agreement for SC of OC Inc. <br /> RECOMMENDATION(S): The Manager recommends the Board approve the revised by-laws, <br /> approve the resolution authorizing the lease to Senior Care of Orange County, Inc., and <br /> authorize the Chair to sign the resolution and the lease agreement. <br />