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restoration to the City's satisfaction or causes damage to the Public Rights-of-Way during <br /> construction. The construction bond shall name the City as Obligee and be in the face amount <br /> of Fifteen Thousand Dollars ($15,000), conditioned upon the full and faithful completion of <br /> construction and restoration of the Public Rights-of-Way to its original condition. Six (6) <br /> months following completion and inspection of the restoration of the Public Rights-of-Way <br /> satisfactory to the City, the Communications Services Provider or its contractor, as the case <br /> may be, may reduce the face amount of the construction bond to Five Thousand Dollars <br /> ($5,000) and, thereafter, may allow the bond to lapse in accordance with its terms. However, <br /> for any subsequent work in the Public Rights-of-Way, the Communications Services Provider <br /> or its contractor shall be required to replenish any existing construction bond or provide a new <br /> construction bond in the face amount of Fifteen Thousand Dollars ($15,000). The construction <br /> bond shall be in a form acceptable to the City Attorney and shall be issued by a surety having <br /> a rating reasonably acceptable to the City and authorized by the Florida Department of <br /> Insurance to issue surety bonds in this state. <br /> 7.12.16.02 The construction bond required under this Section shall be issued as non- <br /> cancelable and be for a term of not less than 12 months. In the event the term of any <br /> construction bond expires, or is reasonably expected to expire, prior to the completion of <br /> construction, restoration and City inspection, the Communications Services Provider, or the <br /> contractor acting on its behalf, shall immediately obtain, pay for, and file with the City a <br /> replacement bond. <br /> 7.12.16.03 The requirement of a construction bond is not in lieu of any additional bonds <br /> that may be required under this Part or through the permitting process. The City's right to <br /> recover under the construction bond shall be in addition to all other rights of the City, whether <br /> reserved in this Part, or authorized by other law, and no action, proceeding or exercise of a <br /> right with respect to the construction bond shall affect or preclude any other right the City may <br /> have. <br /> 7.12.17. - Performance Bond. <br /> 7.12.17.01 Before any Communications Services Provider begins the placement or <br /> maintenance of an initial build, any substantial rebuild, upgrade or extension of its <br /> Communications System, or when construction plans show that there would be at least 1,000 <br /> feet of open trenching in the Public Rights-of-Way at any given time, the Communications <br /> Services Provider shall obtain, pay for, and file with the City a performance bond. The <br /> performance bond shall name the City as Obligee and be in the face amount of Two Hundred <br /> Fifty Thousand Dollars ($250,000), conditioned upon the full and faithful compliance by the <br /> Communications Services Provider with all requirements, duties and obligations imposed by <br /> the provisions of the City of Zephyrhills Communications Right-of-Way Utilization Ordinance <br /> during, and through completion of, the placement or maintenance project. The performance <br /> bond shall be in a form acceptable to the City Attorney and shall be issued by a surety having <br /> a rating reasonably acceptable to the City and authorized by the Florida Department of <br /> Insurance to issue performance bonds in this state. <br /> 7.12.17.02 The performance bond required under this section shall be issued as non- <br /> cancelable and be for a term consistent with the reasonably expected duration of the particular <br /> placement or maintenance project (including restoration and City inspection), but in no event <br /> less than 18 months. In the event the term of any performance bond expires, or is reasonably <br /> expected to expire,prior to the completion of such placement or maintenance project,including <br /> restoration and City inspection, the Communications Services Provider shall immediately <br /> obtain,pay for, and file with the City a replacement bond. <br /> 7.12.17.03 The requirement of a performance bond is not in lieu of any additional <br /> bonds that may be required under this Part or through the permitting process. The City's right <br /> to recover under the performance bond shall be in addition to all other rights of the City, <br /> whether reserved in this Part, or authorized by other law, and no action,proceeding or exercise <br /> of a right with respect to the performance bond will affect or preclude any other right the City <br /> may have. Any proceeds recovered under the performance bond may be used to reimburse the <br /> City for such additional expenses as may be incurred by the City as a result of the <br /> Communications Services Provider's failure to comply with the responsibilities imposed by <br /> Page 28 of 31 <br />