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<br />Subd. 2. Patch and Restoration. Permittee shall patch its own work. The city may choose <br />either to have the permittee restore the right of way or to restore the right of way itself. <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 <br />settles due to permittee’s improper backfilling, the permittee shall pay to the city, <br />within thirty (30) days of billing, all costs associated with correcting the defective <br />work. <br />(b) Permittee Restoration. If the permittee restores the right of way itself, it shall at <br />the time of application for an excavation permit post a construction performance <br />bond in accordance with the provisions of Minn. Rule 7819.3000. <br />(c) Degradation Fee in Lieu of Restoration. In lieu of right of way restoration, a right of <br />way user may elect to pay a degradation fee. However, the right of way user shall <br />remain responsible for patching and the degradation fee shall not include the cost to <br />accomplish these responsibilities. <br /> <br />Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching, and <br />restoration according to the standards and with the materials specified by the city and shall <br />comply with Minn. Rule 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. The permittee upon notification from the city, shall correct <br />all restoration work to the extent necessary, using the method required by the city. Said work <br />shall be completed within five (5) calendar days of the receipt of the notice from the city, not <br />including days during which work cannot be done because of circumstances constituting force <br />majeure or days when work is prohibited as unseasonable or unreasonable under Section 1.17. <br /> <br />Subd. 5. Failure to Restore. If the permittee fails to restore the right of way in the manner and <br />to 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 that event the permittee shall pay <br />to the city, within thirty (30) days of billing, the cost of restoring the right of way. If permittee <br />fails to pay as required, the city may exercise its rights under the construction performance <br />bond. <br /> <br />Sec. 1.15. Joint Applications. <br />Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the <br />right of way at the same place and time. <br /> <br />Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or excavation, <br />which the city does not perform, may share in the payment of the obstruction or excavation <br />permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the <br />portion each will pay and indicate the same on their applications. <br /> <br />Subd. 3. With city projects. Registrants who join in a scheduled obstruction or excavation <br />performed by the city, whether or not it is a joint application by two or more registrants or a <br />single application, are not required to pay the excavation or obstruction and degradation <br />portions of the permit fee, but a permit would still be required.