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because of circumstances beyond the control of the permittee or <br />when work was prohibited as unseasonal or unreasonable under <br />Section <br />Subd. 2 Patch and Restoration. Permittee shall patch its <br />own work. The city may choose either to have the permittee <br />restore the right -of -way or to restore the right -of -way itself. <br />(a) city Restoration. If the city restores the right -of- <br />way, permittee shall pay the costs thereof within thirty <br />(30) days of billing. If following such restoration, the <br />pavement settles due to permittee's improper backfilling, <br />the permittee shall pay to the city, within thirty (30) <br />days of billing, all costs associated with having to <br />correct the defective work. <br />(b) Permittee Restoration. If the permittee restores the <br />right -of -way itself, it shall at the time of application <br />for an excavation permit post a construction performance <br />bond in accordance with the provisions of Minnesota Rules <br />7819.3000. <br />(c) Degradation Fee in Lieu of Restoration. In lieu of <br />right -of -way restoration, a right -of -way user may elect to <br />pay a degradation fee. However, the right -of -way user <br />shall remain responsible for patching and the degradation <br />fee shall not include the cost to accomplish these <br />responsibilities. <br />Subd. 3 Standards. The permittee shall perform patching <br />and restoration according to the standards and with the <br />materials specified by the city and shall comply with <br />Minnesota Rule 7819.1100. <br />Subd. 4 Duty to Correct Defects. The permittee shall <br />correct defects in patching, or restoration performed by <br />permittee or its agents. Permittee upon notification from the <br />city, shall correct all restoration work to the extent <br />necessary, using the method required by the city. Said work <br />shall be completed within five (5) calendar days of the receipt <br />of the notice from the city, not including days during which <br />work cannot be done because of circumstances constituting force <br />Majeure or days when work is prohibited as unseasonal or <br />unreasonable under Section <br />Subd. 5 Failure to Restore. If the permittee fails to <br />Chapter 17 11 <br />• <br />