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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Section 4.10.16, Subd. 2 all in the sole determination of the City. In addition to repairing its own <br />work, the permittee must restore the general area of the work, and the surrounding areas, <br />including the paving and its foundations, to the reasonably same condition that existed before the <br />commencement of the work. The permitee must inspect the area of work and use reasonable care <br />to maintain the same condition for thirty-six (36) months thereafter. <br /> <br /> Subd. 2. In its application for an excavation permit, the permittee may <br />choose to have the City restore the right-of-way. In any event, the City may determine to perform <br />the right-of-way restoration and shall require the permittee to pay a restoration fee to provide for <br />reimbursement of all costs associated Yvith such restoration. In the event permittee elects not to <br />perform restoration, City may, in lieu of performing the restoration itself, impose a fee to fully <br />compensate for the resultant degradation as well as for any and all additional City costs <br />associated therewith. Such fee for degradation shall compensate the City for costs associated <br />with a decrease in the useful life of the right-of-way caused by excavation and shall include a <br />restoration fee component. Payment of such fee does not relieve a permittee from any restoration <br />obligation. <br /> <br />City Restoration. If the permittee chooses at the time of application for an <br />excavation permit to restore the right-of-way itself, such permittee shall post <br />an additional performance and restoration bond, or other financial security <br />acceptable to the City's Finance Officer, in an amount, .determined by the <br />City, to be sufficient to cover the cost of restoring the right-of-way to its pre- <br />excavation condition. If, thirty-six (36) months after completion of the <br />restoration of the right-of-way, the City determines that the right-of-way has <br />been properly restored, the surety on the performance and restoration bond <br />posted pursuant to this Subd. 2 shall be released. <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Permittee Restoration. If the permittee chooses at the time of application <br />for an excavation permit to restore the right-of-way itself, such permittee <br />shall post an additional performance and restoration bond, or other financial <br />security acceptable to the City's Finance Officer, in an amount determined <br />by the City to be sufficient to cover the cost of restoring the right-of-way it <br />is pre-excavation condition. If, thirty-six (36) months after completion of <br />the restoration of the right-of-way, the City determines that the right-of-way <br />has been properly restored, the surety on the performance and restoration <br />bond posted pursuant to this Subd. 2 shall be released. <br /> <br /> Subd. 3. The Permittee shall perform the work according to the standards <br />and with the materials specified by the City. The City shall have the authority to prescribe the <br />manner and extent of the restoration, and may do so in written procedures of general application <br />or on a case-by-case basis. The City, in exercising this authority, shall be guided but not limited <br />by the following standards and considerations: <br /> <br />The number, size, depth and duration of the excavation, disruptions or <br />damage to the right-of-way; <br /> <br />12 <br /> <br />-127- <br /> <br /> <br />