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Obstruction Permit Fee - means money paid to the City by a registrant to cover <br />the costs as provided in Section 4.10.12. <br /> <br /> Performance and Restoration Bond - means a performance bond or letter of <br />credit posted to ensure the availability of sufficient funds to assure that all obligations pursuant to <br />this Section, including, but not limited to, right-of-way excavation and obstruction work is timely <br />and properly completed. <br /> <br /> Permittee - means any person to whom a permit to excavate or obstruct a right- <br />of-way has been granted by the City under this Section. <br /> <br /> Person - means any natural or corporate person, business association or other <br />business entity including, but not limited to, a partnership, a sole proprietorship, a political <br />subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the <br />foregoing, or any other legal entity which has or seeks to have equipment located in any right-of- <br />way. <br /> <br /> Probation - means the status of a person that has not complied with the <br />conditions of Section 4.10.22. Any person that, in the course of a twelve (12) month period, has <br />been fouud in breach of two (2) or more right-of-way permits shall be placed on probation. <br /> <br /> Probation Period - means one (1) year from that date that person has been <br />notified in writing that they have been put on probation. <br /> <br /> Registrant - means any person who (1) has or seeks to have its equipment <br />located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the <br />right-of-way or any equipment located in the right-of-way and, accordingly, is required to <br />register with the City. <br /> <br /> Restore or Restoration - means the process by which an excavated or obstructed <br />right-of-way and surrounding area, including, but not limited to, pavement and foundation, is <br />returned to the same condition that existed before the commencement of excavation. <br /> <br /> Restoration Fee - means an amount of money paid to the City by a permittee to <br />cover the cost of restoration. <br /> <br /> Right-of-way - means the area on, below, or above any real property in which the <br />City has an interest including, but not limited to, any street, road, highway, alley, sidewalk, <br />parkway, park, skyway, or any other place, area, or real property owned by or under the control <br />of the City, including other dedicated right-of-way for travel purposes and utility easements. <br /> <br /> Right-of-way Permits - means either the excavation permit or the obstruction <br />permit, or both, depending on the context, required by this Section. <br /> <br />4 <br /> <br /> <br />