In no case shall any opening made by a permittee be
considered in the charge or care of the Borough, or any of its officers
or employees, and no officer or employee is authorized in any way
to take or assume any jurisdiction over any such opening, except in
the exercise of the police power when it is necessary to protect life
and property; provided, however, that the Borough shall assume charge
at such time as it commences to physically make the final restoration.
In the event that the Borough does not restore the street opening,
in no case shall any opening made by the permittee be considered in
the charge or care of the Borough, or any of its officers or employees,
and no officer or employee is authorized in any way to take or assume
any jurisdiction over any such opening, except in the exercise of
the police power when it is necessary to protect life and property.