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7 <br /> <br />that prevents interference with other wireless facilities and other facilities in the <br />Right-of-Way and the operation thereof. With appropriate permissions from the <br />department, a permittee shall, as is necessary for the safe and reliable operation, <br />use, and maintenance of an authorized small wireless facility or wireless support <br />structure, maintain trees as prescribed by standards promulgated by the department. <br />3. Other Rights Not Affected. A permittee shall not construe a contract, permit, <br />correspondence, or other communication from the city as affecting a right, <br />privilege, or duty previously conferred or imposed by the department to or on <br />another person. <br />4. Restoration. A permittee, after any excavation of a public right-of-way, shall <br />provide for restoration of the affected public right-of-way and surrounding areas, <br />including the pavement and its foundation, to the same condition that existed before <br />the excavation. If a permittee fails to adequately restore the public right-of-way <br />within a specified date, the department may: <br />a) itself restore the public right-of-way and recover from the permittee the <br />reasonable costs of the surface restoration; or <br />b) recover from the permittee a reasonable degradation fee associated with a <br />decrease in the useful life of the public right-of-way caused by the <br />excavation. <br />A permittee that disturbs uncultivated sod in the excavation or obstruction of the <br />public right-of-way shall plant grasses that are native to Minnesota and, wherever <br />practicable, that are of the local eco-type, as part of the restoration required under <br />this Section, unless the owner of the real property over which the public right-of- <br />way traverses objects. In restoring the public right-of-way, the permittee shall <br />consult with the department of Wildlife Conservation regarding the species of <br />native grasses that conform to the requirements of this paragraph. <br />5. permittee’s Liability. A permittee is solely responsible for the risk and expense of <br />the collocation of the permittee’s small wireless facility and installing or replacing <br />the permittee’s wireless support structure. The city neither warrants nor represents <br />that any area within the public right-of-way is suitable for such collocation or <br />installation or replacement. A permittee shall accept the public right-of-way “as is” <br />and “where is” and assumes all risks related to any use. The city is not liable for <br />damage to small wireless facilities due to an event of damage to a wireless support <br />structure in the public right-of-way. <br />98.050 small wireless facility Application Review Process. <br />A) Eligibility for Review. An application shall be eligible for review if the application <br />conforms to the general standards adopted by the director. <br />B) Authorization. A small wireless facility permit issued pursuant to any application <br />processed hereunder shall authorize: (1) the installation, mounting, modification, <br />40