Permits & Development - Encroachment(EP)/Driveway(DW) Permits - RADEMACHER_ - Encroachment Permit

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Memo to Tom Gau Page 2 May 6 , 1986 Depending upon the answers to these questions , the County must either (1 ) terminate the agreements with the permittees and require removal of the encroachments or (2 ) notify the permittees of the change in the self-insured retention and allow the land- owner to adjust the liability coverage to reflect the amount determined to be adequate. For example, you have indicated that Mr. Hollowell ' s insurance expired in October , 1985 . The County must notify the Hollowells that the self-insured retention has changed and they will be required to provide insurance coverage in the amount determined in accordance with the answer to Question No . 2. Additionally, it must be pointed out that the certificate of insurance provided in 1979 has expired. The expiration of this insurance constitutes a default in the agreement and must be cured within thirty days . If the appropriate insurance is not provided within that thirty days , then the County may terminate the agreement by written notice. In regards to the other two encroachment permits , notice must be given to the landowners to inform them of our change in insurance. Their current certificates of insurance should be checked to determine whether or not adequate insurance coverage is being provided. If not , the landowners must also be notified that they are required to modify their insurance in order to comply with the contract provisions . There is no cancellation clause in the Newfield agreement , but the Public Works Director has sole discretion to remove the encroachment. Also, the agreement may be terminated due to public necessity. In the Fiske agreement , there is a thirty-day notice-to-cure requirement as in the Hollowell contract . Therefore, if the insurance pro- vided by Mr . Fiske is not current, the thirty-day notice should be given to allow him to cure the defects , and the agreement can be terminated upon failure to do so. Please check your files to determine whether or not there are other encroachment permits that have been issued under similar circumstances . The insurance certificates should be reviewed to determine whether or not they are providing the necessary coverage. Please call me if you have any questions . We will need to discuss these issues further . 6 :SMA:kg ( "PERMITSI" )