CCP 05-14-2001 - Laserfiche WebLink

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10/05/00 16:06 014 r Subd.2. In its application for an Excavation Permit,the Permittee may choose to have the City restore the Right-of:-Way, In any event,the City may determine to perform the Right-of- Way Restoration and shall require the Permittee to pay a Restoration Fee to provide for reimbursement of all costs associated with such Restoration. In the event Permittee elects not to perform Restoration, City may, in lieu of performing the Restoration itself, impose a fee to fully compensate for the resultant Degradation as well as for any and all additional City Costs associated therewith. Such fee for Degradation shall compensate the City for costs associated with a decrease in the useful life of the Right-of-Way caused by Excavation and shall include a RestorAtion Fee component. Payment of such fee does not relieve a Permittee frons any RestoriLtion obligation. (a) Restoration. If the City restores the Right-of-Way,the Permittee shall pay the costs thereof within thirty (30) days of billing. If,during the thirty-six (36)months following such Restoration,the Right-of-Way settles due to Permittee's Excavation or Restoration,the Permittee shall pay to the City, within thirty(30)days of billing,the cost of repairing said Right- o - ay: (b) Permittee Restoration. If the Permittiee restores the Right-of-Way itself at the time of application for an Excavation.Permit, such Permittee may be required to post an additional performance bond in an amount determined by the City to be sufficient to cover the cost of restoring the Right-of-Way to its pre-excavation condition. If,thirty-six,(36)months aft=er completion of the restoration of the Right-of-Way,the City determines that the Right-of-way has been properly restored, the surety on the performance bond shall be released. Subd.3. The Permittee shall perform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the Restoration, and.may do so in written procedures of general application or on a case-by-case basis. The City, in exercising this authority, shall be guided but not limited by the following stwida ds and considerations: (a) the number, size,depth and duration of the Excavations, disruptions or damage to the Right-of-Way; (b) the traffic volume carried by the Right-of--Way;the character of the neighborhood surrounding the Right-of-Way; (c) the pre-excavation condition of the Right-of-Way;the remaining life- expectancy of the Right-of-Way affected by the Excavation; (d) whether the relative cost of the method of Restoration to the P"Inittee is in reasonable balance with the prevention of an accelerated depreciation of the Righlrof Way that would otherwise result from the Excavation, disturbance or damage to the Right-of-Way; and 12