07-08-1998 Council Agenda - Laserfiche WebLink

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to provide for reimbursement of all costs associated with such restoration. In the event permittee elects not to perform restoration, City may, in lieu of performing the restoration itself, impose a fee to fully compensate for the resultant degradation as well as for any and all additional City costs associated therewith. Such fee for degradation shall compensate the City for costs associated with a decrease in the useful life of the right -of -way caused by excavation and shall include a restoration fee component. Payment of such fee does not relieve a permittee from any restoration obligation. City Restoration. If the City restores the right -of -way, the permittee shall pay the costs thereof within thirty (30) days of billing. If, during the thirty-six (36) months following such restoration, the right -of -way settles due to permittee's excavation or restoration, the permittee shall pay to the City, within thirty (30) days of billing, the cost of repairing said right -of- way. 2. Permittee Restoration. If the permittee chooses at the time of application for an excavation permit to restore the right -of -way itself, such permittee shall post an additional performance and restoration bond in an amount determined by the City to be sufficient to cover the cost of restoring the right - of-way to its pre- excavation condition. If, thirty-six (36) months after completion of the restoration of the right -of -way, the City determines that the right -of -way has been properly restored, the surety on the performance and restoration bond posted pursuant to Section 2302.130.B.2. shall be released. C. The permittee shall perform the work according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case -by -case basis. The City, in exercising this authority, shall be guided but not Limited by the following standards and considerations: 1. the number, size, depth and duration of the excavations, disruptions or damage to the right -of -way; 2. the traffic volume carried by the right -of -way; the character of the neighborhood surrounding the right -of -way; 3. the pre - excavation condition of the right -of -way; the remaining life - expectancy of the right -of -way affected by the excavation; 4. whether the relative cost of the method of restoration to the permittee is in reasonable balance with the prevention of an accelerated depreciation of 2302 -12 Page 87