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restoration, the City shall require the permittee to pay a restoration fee to <br /> provide for reimbursement of all costs associated with such restoration. The <br /> City may, in lieu of performing the restoration itself, impose a fee to fully <br /> compensate for the resultant degradation as well as for any and all additional <br /> City costs associated therewith. Such fee for degradation shall compensate the <br /> City for costs associated with a decrease in the useful life of the Right-of-Way <br /> caused by excavation and shall include a restoration fee component. Payment <br /> of such fee does not relieve a permittee from any restoration obligation. <br /> 1. City Restoration. If the City restores the Right-of-Way, the permittee <br /> shall pay the costs thereof within thirty (30) days of billing. If, during <br /> the twelve (12) months following such restoration, the Right-of-Way <br /> settles due to permittees excavation or restoration, the permittee shall <br /> pay to the City, within thirty (30) days of billing, the cost of repairing <br /> said Right-of-Way. <br /> 2. Permittee Restoration. If the permittee restores the Right-of-Way itself <br /> at the time of application for an excavation permit, such permittee may <br /> be required to post an additional performance bond in an amount <br /> determined by the City to be sufficient to cover the cost of restoring <br /> the Right-of-Way to its pre-excavation condition. If, twelve (12) <br /> months after completion of the restoration of the Right-of-Way, the <br /> City determines that the Right-of-Way has been properly restored, the <br /> surety on the performance bond shall be released. <br /> C. The permittee shall perform the work according to the standards and with the <br /> materials specified by the City. The City shall have the authority to prescribe <br /> the manner and extent of the restoration, and may do so in written procedures <br /> of general application or on a case-by-case basis. The City, in exercising this <br /> authority, shall be guided but not limited by the following standards and <br /> considerations: <br /> 1. The number, size, depth and duration of the excavations, disruptions or <br /> damage to the Right-of-Way; <br /> 2. The traffic volume carried by the Right-of-Way; the character of the <br /> neighborhood surrounding the Right-of-Way; <br /> 3. The pre-excavation condition of the Right-of-Way; the remaining life <br /> expectancy of the Right-of-Way affected by the excavation; <br /> 4. Whether the relative cost of the method of restoration to the permittee <br /> is in reasonable balance with the prevention of an accelerated <br /> depreciation of the Right-of-Way that would otherwise result from the <br /> excavation, disturbance or damage to the Right-of-Way; and <br /> 5. The likelihood that the particular method of restoration would be <br /> effective in slowing the depreciation of the Right-of-Way that would <br /> otherwise take place. <br /> 360- 11 <br />