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03-25-2026 Council Packet
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03-25-2026 Council Packet
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LUP – Municipal Identification Entrance Sign Form Page 5 of 6 LU1000 3/6/2026 <br />of any work done or materials furnished by it or any of them under any agreement or any <br />amendment or supplement thereto. <br /> <br />13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have <br />been fully given when served personally on MnDOT or Permittee or when made in writing <br />addressed as follows: <br /> <br />to Permittee at: and to MnDOT at: <br /> <br /> City of Little Canada State of Minnesota <br />515 Little Canada Rd E Department of Transportation <br /> Little Canada, MN 55117-1016 Metro District Right of Way <br /> 1500 W. County Road B2 <br /> Roseville, MN 55113 <br /> <br />The address to which notices are mailed may be changed by written notice given by either <br />party to the other. <br /> <br />14. INDEMNIFICATION AND RELEASE. Permittee shall indemnify, defend to the extent <br />authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of <br />Minnesota, its Commissioner of Transportation, employees, the FHWA, and any successors <br />and assigns of the foregoing, from and against all claims, demands, and causes of action for <br />injury to or death of persons or loss of or damage to property (including Permittee’s property) <br />occurring on the Area and Facility or arising out of or associated with Permittee’s use and <br />occupancy of the Area and Facility, regardless of whether such injury, death, loss, or damage <br />(i) is caused in part by the negligence (but not the gross negligence or willful misconduct) of <br />MnDOT or (ii) is deemed to be the responsibility of MnDOT because of its failure to supervise, <br />inspect, or control the operations of Permittee or otherwise discover or prevent actions or <br />operations of Permittee giving rise to liability to any person. Nothing in this LUP shall obligate <br />Permittee to indemnify or save MnDOT harmless from (a) any gross negligence or willful <br />misconduct of MnDOT or its employees, contractors, agents, or anyone for whom MnDOT is <br />legally responsible, or (b) any claims, demands or causes of action not arising out of or <br />associated with Permittee’s occupancy or use of the Area and Facility. <br /> <br />Permittee hereby releases the State of Minnesota, its Commissioner of Transportation, <br />employees, the FHWA, and any successors and assigns of the foregoing, from and against all <br />claims, demands, suits, losses, costs, expenses, and causes of action for loss of or damages to <br />the Area and Facility or to Permittee’s property on or about the Area and Facility, except when <br />such loss or damage is caused solely by the negligence of MnDOT or its employees, <br />contractors, agents, or anyone for whom MnDOT is legally responsible. <br /> <br />MnDOT’s liability is subject to the Minnesota Tort Claims Act, Minn. Stat. §3.736 and other <br />applicable law. <br />
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