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<br />c. <br /> <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 restoralion fee component. Payment <br />of such fee does not relieve a permittee from any restoration obligation. . <br /> <br />I. 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 thirty-six (36) months following such restoration, the Right-of- <br />Way settles due to permittees excavation or restoration, the permittee <br />shall pay to the City, within thirty (30) days of billing, the cost of <br />repairing said Right-of-Way. <br /> <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, thirty-six (36) <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 /> <br />B. <br /> <br />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 /> <br />. <br /> <br />1. The number, size, depth and duration of the excavations, disruptions or <br />damage to the Right-of-Way; <br /> <br />2. The traffic volume carried by the Right-of-Way; the character of the <br />neighborhood surrounding the Right-of-Way; <br /> <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 /> <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 /> <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 /> <br />By restoring the Right-of-Way itself, the permittee guarantees its work and <br />shall maintain it for thirty-six (36) months following its completion. During <br />this thirty-six month period it shall, upon notification from the City, correct all <br />restoration work to the extent necessary, using the method required by the <br /> <br />. <br /> <br />360 - 11 <br />