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<br />I <br />I <br /> <br />permit, increased by as many days as work could not de done because of circumstances beyond the <br />control of the permittee or when work was prohibited as unseasonal or unreasonable under Sec. 1.08. <br /> <br />Subd. 2. Patch aud 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 Restoratiou. 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) Degradatiou 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 of the 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 unseasonaI or unreasonable 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 />the condition required by the city, or fails to satisfactorily and timely complete all restoration <br />required by the city, the city at its option may do such work. In the event the permittee shall pay the <br />city, within thirty (30) days of billing, the cost of restoring the right-of-way. If permittee fails to pay <br />as required, the city may exercise its rights under the construction performance bond. <br /> <br />Sec. 1.08 Supplementary Applications. <br /> <br />Subd. 1. Limitation on Area. A right-of-way is valid only for the area of the right-of-way specified <br />in the permit. No permittee may do any work outside the area specified in the permit, except as <br />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 (i) make application <br />for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit <br />or permit extension. <br /> <br />Page 8 of 12 <br />