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to be equal to the cost of restoring the public way. These costs could include such activities as trench <br />backfill, compaction, pavement restoration and associated traffic control. <br />1.1 Permit applicants shall provide the City with cash, a suretyperformance bond <br />that has been fully executed by the applicant and its surety, guaranteeing Applicant's <br />obligations under this paragraph or another type of security acceptable to City, in its sole <br />discretion. If applicant provides City with a bond, it shall be in a form acceptable to City,: <br />in its sole discretion. <br />1.2 A permittee may request the requirement of a public way restoration bond or <br />security deposit be waived by the City Engineer or designee if the permit applicant has <br />completed to the satisfaction of the City Engineer or designee a proj ect of similar or greater <br />magnitude within the past 24 months that was constructedunder aright-of-waypermit issued <br />by the City of Eugene. <br />2. The permit applicant shall agree to indemnify and hold the City harmless from any <br />loss, cost or damages arising out of or in connection with any activities associated with the permit. <br />'"~ The permittee is not required to indemnify and hold the City harmless for loss or damages caused. <br />by the City's negligence or intentional torts. <br />R-7.302-I Transfer of Telecommunication Licenses. <br />In the event a telecommunications license is transferred under the conditions contained in <br />Chapter 3 of the Eugene, Code 1971, the new licensee shall be responsible for all the previous <br />licensee's outstanding agreements and obligations to the Cityregarding use ofthe public way. These <br />shall include but not be limited to maintenance of restored utility trenches within the public way and <br />completion of all work authorized by outstanding permits. <br />Public notice of the proposed amendment of Construction Within and Use of the Public Way <br />Administrative Rule R-7.302 shall be given by making copies thereof available to any person who <br />has requested such notice, and by publication thereof in the Register Guard, a newspaper of general <br />circulation within the City for at least five days, and providing interested persons an opportunity of <br />not less than 30 days to submit written data or comments thereon. I will thereafter adopt <br />Construction Within and Use of the Public Way Administrative Rule R-7.302 as contained herein, <br />or as modified in respon a to the comments received. <br />~ .~~ ~~~ <br />Dated this ~ day of Novemb , 2003. ~G <br />`-""-'~ <br />Denn M. Taylor <br />City Manager <br />Administrative Order - 8 <br />C:\WINDOWS\Temporary Internet Files\OLKB202\03rowr11a0 (00053328).WPD(11/07/03) <br />