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The performance and restoration bond required in this Section, and in Sections 4.10.10, Subd. 2; <br />4.10.13, Subd. 2 (b), and Section 4.10.32, Subd. 1 (b) (3) shall be in an amount determined in the <br />City's sole discretion, sufficient to serve as security for the full and complete performance of the <br />obligations under this Section, including any costs, expenses, damages, or loss the City pays or <br />incurs because of any failure to comply 'with this Section or any other applicable laws, <br />regulations or standards, during periods of construction, repair or restoration of rights-of-way or <br />equipment in rights-of-way, the performance and restoration bond shall be in an amount <br />sufficient to cover 150% of the estimated cost of such work, as documented by the person <br />proposing to perform such work, or in such lesser amounts as may be determined by the City, <br />taking into account the amount of equipment in the right-of-way, the location and method of <br />installation of the equipment, the conflict or interference of such equipment with the equipment <br />of other persons, and the purposes and policies of this Section. Sixty (60) days after completion <br />of the work, the performance and restoration bond may be reduced in the sole determination of <br />the City. <br /> <br /> Subd. 2. No person may construct, install, repair, remove, relocate, or perform <br />any other work on, or use any equipment or any part thereof located in any right-of-way without <br />first being registered with the City. <br /> <br /> Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a <br />City ordinance permitting persons to plant or maintain boulevard plantings or gardens o~ in the <br />area of right-of-way between their property and the street Curb. Persons planting or maintaining <br />boulevard plantings or gardens shall not be deemed to use or occupy the fight-of-way, and shall <br />not be required to obtain any permits' or satisfy any other requirements for planting or <br />maintaining such boulevard plantings or gardens under this Section. However, excavations <br />deeper than 12 inches are subject to the permit requirement of Section 4.10.09 of this Section. <br /> <br />4.10.05 Right to Occupy Rights-of-way; Payment and Fees <br /> <br /> Subdivision 1. Any person required to register under Section 4.10.04, which <br />occupies, uses, or places its equipment in the right-of-way, is hereby granted a right to do so if <br />and only so long as it: <br /> <br />a. Timely pays all fees as provided herein; and <br /> <br />b. Complies with all other requirements of law. <br /> <br /> Subd. 2. The grant of right in Section 4.10.05, Subd. 1 is expressly conditioned <br />on, and is subject to, the police powers of the City, continuing compliance with all provisions of <br />law now or hereinafter enacted, including this Section as it may be from time to time amended <br />and, further, is specifically subject to the obligation to obtain any and all additional required <br />authorizations, whether from the City or other body or authority. <br /> <br />6 <br /> <br /> <br />