§ 7-2.33. Pavement Life Performance Warranty.

In lieu of paying a trench restoration fee pursuant to Section 7-2.29, an owner who has a valid franchise agreement with the City or is statutorily exempt from franchise requirements, including Modesto Irrigation District, and Turlock Irrigation District, may provide a written pavement life performance warranty in a form acceptable to City. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken, or otherwise fails, as a result of the owner's excavation, at any time during the useful life of the street, the owner who performed the trench cut shall repair or restore such condition pursuant to the procedure set forth in Section 7-2.34. In the event that an owner who has a valid franchise agreement with the City or is statutorily exempt from franchise requirement fails or refuses to provide a written pavement life performance warranty such owner shall pay the trench restoration fee set forth in Section 7-2.29.

(Added by Ord. 3196-C.S., § 2, effective 2-1-01)