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<br />. <br /> <br />. <br /> <br />. <br /> <br />(b) An evasion or attempt to evade any material provision of the Right-of-Way Permit, or <br />the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; <br /> <br />(c) Any material misrepresentation of fact in the application for a Right-of- Way Permit; <br /> <br />(d) The failure to complete the work in a timely manner; unless a permit extension is <br />obtained or unless the failure to complete work is due to reasons beyond the Permittee's <br />control; or <br /> <br />(e) The failure to correct, in a timely manner, work that does not conform to a condition <br />indicated on an order issued pursuant to Section 910.18. <br /> <br />Subd.2. Written Notice of Breach: If the Director determines that the Permittee has committed <br />a substantial breach of a term or condition of any statute, ordinance, rule, regulation or <br />any condition of the permit the Director shall make a written demand upon the Permittee <br />to remedy such violation. The demand shall state that continued violations may be cause <br />for revocation of the permit. A substantial breach, as stated above, will allow the <br />Director, at his or her discretion, to place additional or revised conditions on the permit to <br />mitigate and remedy the breach. <br /> <br />Subd.3. Response to Notice of Breach: Within twenty-four (24) hours of receiving notification <br />of the breach, Permittee shall provide the Director with a plan, acceptable to the Director, <br />that will cure the breach. Permittee's failure to so contact the Director, or the Permittee's <br />failure to submit an acceptable plan, or Permittee's failure to reasonably implement the <br />approved plan, shall be cause for immediate revocation of the permit. Further, <br />Permittee's failure to so contact the Director, or the Permittee's failure to submit an <br />acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall <br />automatically place the Permittee on Probation for one (1) year. <br /> <br />Subd. 4. Cause for Probation: From time to time, the Director may establish a list of conditions <br />of the permit, which if breached will automatically place the Permittee on Probation for <br />one full year, such as, but not limited to, working out of the allotted time period or <br />working on Right-of-Way grossly outside of the permit authorization. <br /> <br />Subd. 5. Automatic Revocation: If a Permittee, while on Probation, commits a breach as <br />outlined above, Permittee's permit will automatically be revoked and Permittee will not <br />be allowed further permits for one year, except for Emergency repairs. <br /> <br />Subd. 6. Reimbursement of City Costs: If a permit is revoked, the permittee shall also reimburse the <br />City for the City's reasonable costs, including restoration costs and the costs of collection and <br />reasonable attorneys' fees incurred in connection with such revocation. <br /> <br />910.22: <br /> <br />MAPPING DATA: <br /> <br />SJR-163902 <br />MU210-14 <br /> <br />16 <br />