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<br />41, <br /> <br />(3) Degradationfee in lieu of restoration. In lieu of right-of-way itself, it shall at the time of <br />application for an excavation permit post a construction performance bond in accordance with the <br />provisions of Minn. Rules 7819.3000. <br /> <br />(C) Standards. The permittee shall perform patching and restoration according to the standards <br />and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. <br /> <br />(D) Duty to correct defects. The permittee shall correct defects in patching or restoration <br />performed by permittee or its agents. Permittee upon notification from the city shall correct all <br />restoration work to the extent necessary, using the method required by the city. This work shall be <br />completed within 5 calendar days of the receipt of the notice from the city. <br /> <br />(E) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the <br />condition required by the city, or fails to satisfactorily and timely complete all restoration required by <br />the city, the city at its option may do the work. In that event the permittee shall pay the city, within 30 <br />days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the city may <br />exercise its rights under the construction performance bond or collect from any security posted with the <br />permit. <br />(Ord. 74, passed 11-27-2002) Penalty, see ~ 93.99 <br /> <br />~ 93.22 SUPPLEMENTARY APPLICATIONS. <br /> <br />(A) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way <br />specified in the permit. No permittee may do any work outside the area specified in the permit, except <br />as provided herein. Any permittee which determines that an area greater than that specified in the <br />permit must be obstructed or excavated must, before working in that greater area, both make <br />application for a permit extension and pay any additional fees required thereby, and be granted a new <br />permit or permit extension. <br /> <br />(B) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. <br />No permittee may begin its work before the permit start date or, except as provided herein, continue <br />working after the end date. If a permittee does not finish the work by the permit end date, it must apply <br />for a new permit for the additional time it needs, and receive the new permit or an extension of the old <br />permit before working after the end date of the previous permit. This supplementary application must <br />be submitted before the permit end date. <br />(Ord. 74, passed 11-27-2002) Penalty, see ~ 93.99 <br /> <br />~ 93.23 DENIAL OF PERMIT. <br /> <br />The city may deny a permit for failure to meet the requirements and conditions of this subchapter <br />if the city determines that the denial is necessary to protect the health, safety of the public and welfare, <br />or when necessary to protect the right-of-way and its current use.?(Ord. 74, passed 11-27-2002) <br />