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Sub& 5. Use of Permit Fees. All obstruction and excavation permit fees <br />shall be used solely for City management, construction, maintenance and restoration costs of the <br />right-of-way. <br /> <br />4.10.1.3 Right-of-way Restoration <br /> <br /> Subdivision 1. The work to be done under the permit, and the restoration <br />of the right-of-way as required herein, must be completed within the dates specified in the <br />permit, increased by as many days as work could not be done because of circumstances <br />constituting force majeure or when work was prohibited as unseasonable or unreasonable under <br />Section 4.10.16, Subd. 2 all in the sole determination of the City. In addition to repairing its own <br />work, the permittee must restore the general area of the work, and the surrounding areas, <br />including the paving and its foundations, to the reasonably same condition that existed before the <br />commencement of the work. The permitee must inspect the area of work and use reasonable care <br />to maintain the same condition for thirty-six (36) months thereafter. <br /> <br /> Subd. 2. In its application for an excavation permit, the permittee may <br />choose to have the City restore the right-of-way. In any event, the City may determine to <br />perform the right-of-way restoration and shall require the permittee to pay a restoration fee to <br />provide for reimbursement of all costs associated with such restoration. In the event permittee <br />elects not to perform restoration, City may, in lieu of performing the restoration itself, impose a <br />fee to fully compensate for the resultant degradation as well as for any and all additional City <br />costs associated therewith. Such fee for degradation shall compensate the City for costs <br />associated with a decrease in the useful life of the right-of-way caused by excavation and shall <br />include a restoration fee component. Payment of such fee does not relieve a permittee from any <br />restoration obligation. <br /> <br />City Restoration. If the permittee chooses at the time of application for an <br />excavation permit to restore the right-of-way itself, such permittee shall post <br />an additional performance and restoration bond, or other financial security <br />acceptable to the City's Finance Officer, in an amount, determined by the <br />City, to be sufficient to cover the cost of restoring the right-of-way to its <br />pre-excavation condition. If, thirty-six (36) months after completion of the <br />restoration of the right~of-way, the City determines that the right-of-way has <br />been properly restored, the surety on the performance and restoration bond <br />posted pursuant to this Subd. 2 shall be released. <br /> <br />Permittee Restoration. If the permittee chooses at the time of application <br />for an excavation permit to restore the right-of-way itself, such permittee <br />shall post an additional performance and restoration bond, or other financial <br />security acceptable to the City's Finance Officer, in an amount determined <br />by the City to be sufficient to cover the cost of restoring the right-of-way it <br />is pre-excavation condition. If, thirty-six (36) months after completion of <br />the restoration of the right-of-way, the City determines that the right-of-way <br /> <br />12 <br /> <br /> <br />