Agenda - Council - 08/08/1995 - Laserfiche WebLink

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I I I I I i I I I I I I I 'i I i I I I Subd. 5. S~curity for completion of work. Prior to commencement of work, the company must deposit with (he City security in the form of certified check, letter of credit or construction bond, in a sufficient amount as determined by the director for the completion of the work. The securities will be held until the work is completed plus a period of three months thereafter to guarantee that resl:oration work has been satisfactorily completed. Upon application of the company, providinl~ such information as the director may require, if two or more work projects are to be constructed ~uring a calendar year, the director may accept, in lieu of separate security for each project, a single security for multiple projects in such form and amount as determined, in the discretion of the director, to be sufficient to assure completion of all projects which may be in progress at any on{ time during that calendar year and to guarantee that restoration work will be satisfactorily completed. The security will then be returned to the company with interest if required by law and then interest at the applicable statutory rate. Subd. 6. In_spection of work. When the work is completed the company must request an inspection by the !director. The director will determine if the work has been satisfactorily completed and proOide the company with a written report of the inspection and approval. SECTION 3. RESTORATION AND RELOCATION Subd. 1 Ra. Storation. Upon completion of the work, the company must restore the general area of the work, i/~cluding paving and its foundations, to the same condition that existed prior to commencement of~1he work and must exercise reasonable care to maintain the same condition for two years thereaf~r. The work must be completed as promptly as weather permits. If the company does not ~romptly perform and complete the work, remove all dirt, rubbish, equipment, and material, and r~store the public ground to the same condition, the City may put it in the same condition at the expense of the company. The company must, upon demand, pay to the City the direct a_n,d indirect ~:ost of the work done for or performed by the City, including but not limited to the City s administi'ative costs. To recover its costs, the City will first draw on the security posted by the company ar/d then recover the balance of the costs incurred from the company directly by written demand. This remedy is in addition to any other remedies available to the City. Subd. 2. Company initiated relocation. The company must give the City written notice prior to a company!initiated relocation of facilities. A company initiated relocation must be at the company's expense and must be approved by the City, such approval not to be unreasonably withheld. ' Subd. 3. C~ty required relocation. The company must promptly and at its own expense, with due regard fol' seasonal working conditions, permanently relocate its facilities whenever the City requires such relocation. Subd. 4. R~location where public _mound vacated. The vacation of public ground does not deprive the compaiay of the right to operate and maintain its facilities in the City. If the vacation proceedings are ~tmted by the company, the company must pay the relocation costs. If the vacation proceedihgs are initiated by the City or other persons, the company must pay the relocation costs un!ess otherwise agreed to by the City, company, and other persons. SECTION 4. : COMPANY DEFAULT Subd. 1 ~. If the company is in default in the performance of the work authorized by the permit, including but not limited to restoration requirements, for more than 30 days after receiving written /~otice from the City of the default, the City may terminate the rights of the company under th{ permit. The notice of default must be in writing and specify the provisions of the permit under which the default is claimed and state the grounds of the claim. The notice must