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(4) Tower Space Lease - Federal Communications Commission The Board reviewed memo from the Emergency Management Director: TO: Charles Balczun DATE: June 6, 1988 FILE: County Administrator - SUBJECT: Agenda Item - Approval to Tower Space Lease for antenna space on Hobart Tower for Federal Communications Commission FROM: Doug Wright , Director REFERENCES: Emergency Management Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its next regular meeting. DESCRIPTION AND CONDITIONS The Federal Communications Commission is seeking approval of the Board of County Commissioners to lease antenna space on the County owned Hobart Tower at Hobart Park at a height of 390 feet. The FCC has agreed to pay $180.00 per month or a total of $2,160 per year for lease of the referenced space. The Federal Communications Commission has also requested the following changes in the standard tower lease used by the County: 1. Section 3 - The standard lease prescribes that the FCC rental payments will be due on the first day of each month. The FCC requests an exception to this requirement inasmuch as it contravenes the prohibition against advance payments by the Federal Government contained in 31 U.S.C. ss 3324. Permission is requested to change the due date for payments to the last day of each month. 2. Section 9 - FCC advises that the idemnity clause contained in the lease. is limited by the terms of the Federal Torts Claims Act (FTCA), 28 U.S.C. ss 2671 et. seq. The FTCA governs the extent to which soverign immunity is waived for torts committed by federal agencies or their employees. Because, the FCC is a federal agency, an exception is requested because the FTCA limitation applies in lieu of the idemnity clause contained in the lease. 3. Section 10 - The FCC advises that the United States Government is a self insurer and the FTCA is the exclusive remedy avail- able to plaintiffs asserting tort claims for personal injuries or property damages. The FCC alleges that in view of this, they can properly avoid the ipsurance requirement set forth in the proposed lease. The lease has been signed by the Nydia M. Colleman, Contracting Officer for the Federal Communications Commission on the basis of the exceptions noted. 6 AUIN 141988 a®oK 73