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Not�vithstanciing rhe foregaing, the City xeserves the right to require a performance bond for new <br />installa�on, �eplacemen�, or repairs, when the Company's comple�ion of its wo�k is required in <br />ordex for the Czty ta proceed with its work for canstructing a public itnprovement ta the Public <br />Way. <br />3.5 Avoid Damage to Gas,, Facilities. The Company �nust rake reaso�able measures <br />to prevent rhe Gas Facilities from causing damage to persons or property. The Cornpany must take <br />reasonable meast�res ta p�otEct the Gas Facilities from damage that could be inflicted on the <br />�acilities by persons, property, or the eJ.ements. The Company must rake protective measures when <br />the City perfo�:tns work near the Gas Facilities, i£ given �easonable not�ce by the City of such work <br />prior to i.Ys cotrimencement. <br />3.6 Notice of Improv-ements to Str�ets. 'I'he City must give Company �easonabie <br />written Notice of �1ans for improvements to Public Ways wheze the Citp has reason ta believe that <br />Gas Faciiities ma� affect or be affected by the improvement. T�e notice must conta.in: {i} the <br />nature and character of tihe imp�ovezx�ents, (�i) the Public Ways upon which the impYoven�ents are <br />to be made, (iu) the extent of the impravements, (iv) the time cxrhen the City w�]� start the work, and <br />(v} if more than one-Public Way is involved, the order in which die work is to praceed. T`lxe notice <br />zn�st be given to Company a sufficient lengrh oi time, constder:uig seasonal urorking conditiozzs, in <br />advance of the act�xal commencement of the work to permit Campany to make any additions, <br />alterations or repaiYs to its Gas Facilities the Company deems necessary. <br />3.7 Ma i Info�mation. The Company must pxompdy p�ovid� complete and <br />accurate rzaapping information fox a�y of its Gas Facilities in accordance with the �equirements of <br />Minnesota Rules Parts 7819.4000 and 7819.4100. <br />SECT�ON 4. RELOCATTONS. <br />4.1. Relocation iri Public Ways. The Con�pany shall comply wirh Minnesota Rules, <br />paxt 78193�00 and app�ca�le City ordinances consistent with law. <br />4.2. Relocation in Public Grounds. City xnay �equire Company at Cotn.pany's expense <br />to xelocate or rem.ove its Gas Fac�i�ies irom Public Ground upon a finding by City that the Gas <br />Fac,�lities have becorne or will become a substantial irnpairn�ent to the existing or praposed public <br />use of �ie Public Gtownd. Such rel�cation shal� comply with applicable city ordinances consistent <br />with law. <br />4.3. P�ects with Federal Fundin�. Relocation, �emoval, or �earrangement of anp <br />Cotx�.pany Gas Facilities made necessary because o� the extension into or �hrough City of a <br />federally-aided highway project shall be governed bq the ptovisions of Minnesota Statutes 5ection <br />1G�.46. It is expressly understoad that the right herein granted to Company is a valuable property <br />right. City shal� not order Company to temove or relocate its facilities without compensation when <br />a Pub�ic Way is vacated, i�npxoved or �e-aligned because of a tenewal ox a redeveloprnent plan <br />�which is financially subsidized in whole or in part by the Fede:ral Governmen� ar any agency <br />rhexeof, unless the r�asonable Non-betterment Costs o£ such relocation ate paid to Co�npany. The <br />4 <br />