Agenda - Council - 07/08/1997 - Laserfiche WebLink

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Subd. 5. Use of Permit Fees. Ali Obstruction and Excavation Permit Fees shall be used solely for City management, construction, maintenance and Restoration costs of the Right-of- Way. Sec. 1.13. Right-of-Way Restoration. Subd. 1. The work to be done under the Permit, and the Restoration of the Right-of-Way as required herein, must be completed within the dates specified in the Perm/t, increased by as many days as work could not be done because of circumstances constituting force majeure or when work was prohibited as unseasonal or unreasonable under Section 1.16, Subd. 2 all in the sole determination of the City. In addition to repairing its own work, the Permittee must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the same condition that existed before the commencement of the work and must inspect the area of the work and use reasonable care to maintain the same condition for thirty-six (36) months thereafter. Subd. 2. tn its application for an Excavation Permit, the Permittee may choose to have the City restore the Right-of-Way. In any event, the City may determine to perform the Right-of- Way Restoration and shall require the Permittee to pay a Restoration Fee to provide for reimbursement of al! costs associated with such Restoration. in the event Permit-tee elects not to perform Restoration, City may, in lieu of performing the Restoration itself, impose a fee to fully compensate for the resultant Degradation as well as for any and ali additional City Costs associated therewith. Such fee for Degradation shall compensate the City for costs associated w/th a decrease in the useful life of the Right-of-Way caused by Excavation and shall include a Restoration Fee component. Payment of such fee does not relieve a Permirtee from any Restoration obligation. (a) Ci_ty Restoration. If the City restores the Right-of-Way, the Permittee shall pay the costs thereof within thirty (30) days of billing. If, durflng the thirty-six (36) months following such Restoration, the Right-of-Way settles due to Permittee's Excavation or Restoration, the Permit-tee shall ~..ay to the City, within thirty. (30) days ofbilling, the cost of repairing said Right- of-Way. Co) Permirtee Restoration. If the Permit-tee chooses at the time of application for an Excavation Permit to restore the Right-of-Way itself, such Permit'tee shall post an additional Performance and Restoration Bond in an amount determined by the City to be sufficient to cover the cost of restoring the Right-of-Way to its pre-Excavation condition. If, thirty-six (36) months after completion of the Restoration of the Right-of-Way, the City determines that the Right-of- Way has been properly restored, the surety on the Performance and Restoration Bond posted pursuant to this Sub& 2Co) shall be released. Subd. 3. The Perm/ttee shall perform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and 12 I I I I I I I I I I I I I I I I