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2' y <br /> JOHN F. CHEADLE <br /> COUNTY COUNSEL PATRICIA M. FREDERICK rq �p DEPUTY COUNTY COUNSEL <br /> FpR <br /> PATRICK H. CURRAN GEORGE H. CUNNINGHAM <br /> CHIEF LITIGATION DEPUTY OFFICE OF THE DEPUTY COUNTY COUNSEL <br /> REBECCA DAVIS FELIX <br /> MICHAEL MCGREW DEPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY COUNSEL FRANK V. BRUNO, JR. <br /> TERRENCE R. DERMODY DEPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY OF SAN JOAQUIN DAVID T. HAYDEN <br /> COURTHOUSE, ROOM 711 DEPUTY COUNTY COUNSEL <br /> GILBERTO GUTIERREZ <br /> 222 EAST WEBER AVENUE DEPUTY COUNTY COUNSEL <br /> STOCKTON, CALIFORNIA 95202 SANDRA MICHAEL AFFONSO <br /> TELEPHONE 944-3551 (AREA CODE 209) DEPUTY COUNTY COUNSEL <br /> DAVID WOOTEN <br /> DEPUTY COUNTY COUNSEL <br /> May 6 , 1986 <br /> M E M O R A N D U M <br /> TO: Tom Gau <br /> Public Works Department <br /> FR: Sandra Michael Affonso <br /> Deputy County Counsel <br /> RE: Existing Encroachment Permits in the County Right-of-Way <br /> Tom, I have reviewed the encroachment permits and accom- <br /> panying agreements that you forwarded to me for my information <br /> during the Rademacher proceedings as well as your memo of April <br /> 30th regarding Mr . Hollowell 's encroachment permit. This memo <br /> will discuss all three encroachment permits , i .e. Hollowell fence <br /> encroachment , Newfield bridge encroachment , and Fiske posts <br /> encroachment . <br /> Each of these encroachment permits were issued on the con- <br /> dition that the landowner enter into an agreement with the County <br /> and provide certain insurance. The insurance clause requires <br /> that the County give notice of any change in the self-insured <br /> retention. Since the County no longer has an excess carrier to <br /> provide insurance coverage, it is necessary that the County <br /> notify each of the permittees of this change. Without an excess <br /> carrier , the County now has unlimited liability. Since it is <br /> unlikely that anyone will be able to provide insurance coverage <br /> to protect the County from its exposure to unlimited liability, <br /> this change raises two questions which need to be addressed by a <br /> policy determination. <br /> 1 . Is the County willing to continue authorizing encroach- <br /> ment permits for placing structures in the County right-of-way? <br /> 2 . If so, how much liability insurance should be required <br /> of the permittee? (Assuming the landowner can obtain appropriate <br /> coverage. ) <br />