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1998_0824_packet
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1998_0824_packet
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having to correct the defective work. <br /> b) Permittee Restoration. If the permittee restores the right-of-wad- itself. it shall at <br /> the time of application for an excavation permit. if the Director determines additional <br /> security is necessary, post an additional performance and restoration bond in an amount <br /> determined by the Director to be sufficient to cover the cost of restoration. If. thirry-six <br /> (36) months after completion of the restoration of the tight-of-wav, the Director <br /> determines that the right-of-way has been properIv restored, the surety on the <br /> Performance and Restoration Bond posted pursuant to this subd. 2(b) shall be released. <br /> Sub d. I StandardsO The permittee shall perform patching and restoration according to the <br /> standards and with the materials specified by the Director. The Director shall have the authority <br /> to p rescribe the manner and extent of the restoration, and may do so in written procedures of <br /> general application or on a case-by-case basis. The Director In exercising this authority shall <br /> be guided by the following considerations: <br /> (a) The number} size, depth and duration of the excavations. disruptions or damage to <br /> the right-of-way; <br /> (b) The traffic volume carried by the right-of-way-, the character of the neighborhood <br /> surrounding the right-of-way: <br /> (c) F The re-excavation condition of the right-of-way-, the remaining life-expectancy of <br /> the right-of-way affected by the excavation., <br /> (d) whether the relative cost of the methods of restoration to Lbe permittee is in <br /> reasonable balance with the prevention of an accelerated depreciation of the right-of-way <br /> that would otherwise result from the excavation, disturbance or damage to the right-of- <br /> way; and <br /> The likelihood that the articular method of restoration would be effective in slowing <br /> (e) p <br /> the depreciation of the right-of-way that would otherwise take place. <br /> Subd. . Guarantees. By choosing to restore the right-of-way itself, the permittee guarantees <br /> its work <br /> and shall maintain if for thirty-six (36) months following its completion. During this <br /> 36-month period it shall, upon notification from the Director, correct all restoration work to the <br /> tnan p F <br /> extent necessary, using the method requited by the Director. Said work shall be completed <br /> � g <br /> five (5) calendar days of the receipt- of the notice from the Director, not including days <br /> within � <br /> during which work cannot be done because of circumstances constituting force rnajeure or days <br /> when work is prohibited as unseasonal or unreasonable under Section 707.15. <br /> Failure to Restore. If the Permittee fails to restore the right-of-way in the manner <br /> � <br /> and to the <br /> condition required by the Director, or fails to satisfactorily and timely complete all <br /> restoration � <br /> ration re uired b the Director, the Director at its option may do such work. In that event <br /> permittee shall a to the City, within thirty (30) days of billing, the cost of restoring the <br /> �e pew pay <br />
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