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• <br />• <br />• <br />(a) Excavation Permit. An excavation permit is required to <br />excavate that part of the right -of -way described in such <br />permit and to hinder free and open passage over the <br />specified portion of the right -of -way by placing Facilities <br />described therein, to the extent and for the duration <br />specified therein. <br />(b) Obstruction Permit. An obstruction permit is required <br />to hinder free and open passage over the specified portion <br />of right -of -way by placing equipment described therein on <br />the right -of -way, to the extent and for the duration <br />specified therein. An obstruction permit is not required <br />if a person already possesses a valid excavation permit for <br />the same project. <br />Subd. 2 Permit Extensions. No person may excavate or <br />obstruct the right -of -way beyond the date or dates specified in <br />the permit unless such person (i) makes a supplementary <br />application for another right -of -way permit before the <br />expiration of the initial permit, and (ii) a new permit or <br />permit extension is granted. <br />Subd. 3 Delay Penalty. In accordance with Minnesota Rule <br />7819.1000, Subd. 3 and notwithstanding Subd. 2 of this Section, <br />the city shall establish and impose a delay penalty for <br />unreasonable delays in right -of -way excavation, obstruction, <br />patching, or restoration. The delay penalty shall be <br />established from time to time by city Council resolution. <br />Subd. 4 Security. A Construction Performance Bond <br />in an amount determined by the city shall be required from <br />each applicant. A surety bond shall be from a corporate <br />surety authorized to do business in the State. Security <br />required pursuant to this subdivision shall require that <br />the holder will perform the work in accordance with this <br />Section and applicable permits, and regulations, will pay <br />to the city any costs incurred by the city in performing <br />work pursuant to this Section; and will indemnify and save <br />the city and its officers, agents and employees harmless <br />pursuant to the city code. The Construction Performance <br />Bond shall be released by the city upon completion of the <br />work and compliance with all conditions imposed by the <br />permit. For permits allowing excavations within public <br />right -of -way, the .Construction Performance Bond shall be <br />held for a period of 24 months to guaranty the adequacy of <br />all restoration work. <br />Chapter 17 6 <br />