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Sec. 1.13. Right -of -Way Patching and Restoration. <br />Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of <br />the right -of -way as required herein, must be completed within the dates specified in the permit, increased <br />by as many days as work could not be done because of circumstances beyond the control of the permittee <br />or when work was prohibited as unseasonal or unreasonable under Section 1.16. <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 />(a) City Restoration. If the city restores the right -of -way, permittee shall pay the costs thereof <br />within thirty (30) days of billing. If, following such restoration, the pavement settles due to <br />permittee's improper backfilling, the permittee shall pay to the city, within thirty (30) days of <br />billing, all costs associated with correcting the defective work. <br />(b) Permittee Restoration. If the permittee restores the right -of -way itself, it shall at the time of <br />application for an excavation permit post a construction performance bond in accordance with the <br />provisions of Minnesota Rule 7819.3000. <br />(c) Degradation Fee in Lieu of Restoration. In lieu of right -of -way restoration, a right -of -way <br />user may elect to pay a degradation fee. However, the right -of -way user shall remain responsible <br />for patching and the degradation fee shall not include the cost to accomplish these responsibilities. <br />Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and restoration <br />according to the standards and with the materials specified by the city and shall comply with Minnesota <br />Rule 7819.1100. <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 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 unseasonable or unreasonable under Section 1.16. <br />Subd. 5. Failure to Restore. If the permittee fails to restore the right -of -way in the manner and to the <br />condition required by the city, or fails to satisfactorily and timely complete all restoration required by the <br />city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty <br />(30) days of billing, the cost of restoring the right -of -way. If permittee fails to pay as required, the city <br />may exercise its rights under the construction performance bond. <br />Sec. 1.14. Joint Applications. <br />Subd. 1. Joint application. Registrants may jointly apply for permits to excavate or obstruct the right - <br />of -way at the same place and time. <br />Subd. 2. Shared fees. Registrants who apply for permits for the same obstruction or excavation, which <br />11 <br />