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

Home

I ! I I I I I I I I I I I I I I I I ! SECTION 3. RESTORATION AND RELOCATION. Subdivision 1. Restoration. Upon completion of the work, the company must restore the general area of the work, including paving and its foundations, to the same condition that existed prior to commencement of the work and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits. If the company does not promptly perform and complete the work, remove all dirt, rubbish, eq~/. ipment and material, and restore the public ground to the same cQndition, 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 and indirect cost of the work done for or performed by the city, including but not limited to the city's administrative costs. To recover its costs, the city will first draw on the security posted by the company and then recover the balance of ~he 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 wri{ten 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. .City required relocation. The company must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its facilities whenever the city req~.~ ires such relocation. Subd. 4. Relocation where public ground vacated. The vacation of public ground does not deprive the company of the right to operate and maintain, its facilities in the city. If the vacation proceedings are initiated by the company, the company must pay the re~ocation costs. If the vacation proceedings are initiated b~ the city or other persons, the company must pay the relocation costs unless otherwise agreed to by the city,5 company and other persons. SECTION 4. ~OMPANY DEFAULT. Subdivision 1. Notice. If the company is in default in the performance 6f the work authorized by the permit, including but not limited to restoration requirements, for more than 30 days after receiving written notice from the city of the default, the city may terminate thelrights of the company under the permit. The notice of default must be in writing and specify the provisions of the permit under which ~he default is claimed and state the grounds of the claim. The notice must be served on the company by personall.y 5 vacation proceedings are often initiated by property owners and occasionally by the city itself. This provi'~i.o.n authorizes cost sharing among the city, company an~ property owne-~ if agreement~c~ be reached. JMS88913 ~ SU160-17 3