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<br />fees within thirty (30) days of billing. <br /> <br />Subd.4. Non Refundable. Permit fee that were paid for a pemlit that the city has revoked for a <br />breach as stated in Sec. 1.14 are not refundable. <br /> <br />Subd. 5. Application to Franchises. Unless otherwise agreed to in franchise, management costs <br />maybe charged separately from and in addition to the franchise fees imposed on a right-of-way user <br />in the franchise. <br /> <br />Subd. 6. All permit fees shall be established consistent with the provisions of Minn. Rule 7819.100. <br /> <br />Sec. 1.07. Right-of-Way Patching and Restoration. <br />Subd. 1. Timing. The work to be done under the excavation permit, and the patching and <br />restoration of the right-of-way as required herein, must be completed within the dates specified in the <br />permit, increased by as many days as work could not de done because of circumstances beyond the <br />control ofthe permittee or when work was prohibited as lillseasonal or mrreasonable lUlder Sec. 1.08. <br /> <br />Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose either to <br />have the permittee restore the right-of-way or to restore the right-of-way itself. <br /> <br />(a) City Restoration. If the city restores the right-of-way, permittee shall pay the costs <br />thereof within thirty (30) days of billing. If following such restoration, the pavement settles <br />due to permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) <br />days of billing, all costs associated with having to correct the defective work. <br /> <br />(b) Permittee Restoration. If the permittee restores the right-of-way itself, it shall at the <br />time of application for an excavation permit post a construction performance bond in <br />accordance with the provisions of Minn. Rules 7819.3000. <br /> <br />(c) Degradation Fee in Lieu of Restoration. In lieu of right-of-way itself, it shall at the <br />time of application for an excavation permit post a construction performance bond in <br />accordance with the provisions of Minn. Rules 7819.3000. <br /> <br />Subd. 3. Standards. The permittee shall perform patching and restoration according to the <br />standards and with the materials specified by the city and shall comply with Minn. Rules 7819.1100. <br /> <br />Subd. 4. 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, correct all <br />restoration work to the extent necessary, using the method required by the city. Said work shall be <br />completed within five (5) calendar days of the receipt ofthe notice from the city, not including days <br />during which work cannot be done because of circumstances constituting force majeure or days when <br />work is prohibited as unseasonal or mrreasonable under Sec. 1.08. <br /> <br />Subd. 5. Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to <br /> <br />Page 8 of 12 <br />