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i <br />I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />I <br />I <br />I <br />I <br />I <br /> <br />Applicant thereunder to protect the public health, safety and <br />welfare or when necessary to protect the Right-of-Way. <br /> <br />Sec. 4.10.11. Permit Fees. <br /> <br />Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall <br />be established by the Director in an amount sufficient to recover <br />the following costs: <br /> <br />(a) the City Management Costs; <br /> <br />(b) Degradation Costs, if applicable.. <br /> <br />Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall <br />be established by the Director and shall be in an amount sufficient <br />to recover the City Management Cost. <br /> <br />Subd. 3. Payment of Permit Fees. No Excavation Permit or <br />Obstruction Permit shall be issued without payment of Excavation or <br />Obstruction Permit fees. The City may allow Applicant to pay such <br />fees within thirty (30) days of billing. <br /> <br />Subd. 4. Non refundable. Permit fees that were paid for a permit <br />that the Director has revoked for a breach as stated in Section <br />4.10.21 are not refundable. <br /> <br />Sec. 4.10.12. Right-of-Way Patching and Restoration. <br /> <br />Subd. 1. Timing. The work to be done under the Excavation Permit, <br />and the Patching and Restoration of the Right-of-Way as required <br />herein, must be completed within the dates specified in the permit, <br />increased by as many days as work could not be done because of <br />extraordinary circumstances beyond the control of the Permittee or <br />when work was prohibited as unseasonal or unreasonable under <br />Section 4.10.15. <br /> <br />Subd. 2. Patch and Restoration. Permittee shall Patch its own <br />work. The City may choose either to have the Permittee restore the <br />Right-of-Way or to Restore the Right-of-Way itself. <br /> <br />(a) City Restoration. If the City restores the Right-of-Way, <br />Permittee shall pay the costs thereof within thirty (30) days <br />of billing. If, during the thirty-six (36) months following <br />such Restoration, the pavement settles due to Permittee's <br />improper backfilling, the Permittee shall pay to the City, <br />within thirty (30) days of billing, all costs associated with <br />having to correct the defective work. <br /> <br /> (b) Permlttee Restoration. If the Permittee Restores the <br />Right-of-Way itself, it shall at the time of application for <br />an Excavation Permit post a Construction Performance Bond in <br />an amount determined by the Director to be sufficient to cover <br /> <br />11 <br /> <br /> <br />