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75994 <br />Maintenance shall include, but not be limited to, removal and <br />replacement of all materials that fail to survive. Criteria for <br />maintenance and replacement are shown and described in EXHIBIT "A ", <br />Maintenance Responsibilities Plan and Schedule, which is attached <br />hereto and made a part hereof by reference. <br />Section B. Responsibilities of the City <br />The City shall, in connection with the landscape materials <br />acquisition, installation and maintenance, comply with the following <br />conditions: <br />1. Use of Mn /DOT right -of -way shall in no way impair or interfere <br />with the safety or convenience of the traveling public in its use <br />of the highway. <br />2. Preserve and protect all utilities located on lands covered by <br />this Agreement, without cost or expense to Mn /DOT. <br />3. As required by Minnesota Statute 216D (1996), notify Gopher State <br />One Call System (1 -800- 252 -1166) at least 48 hours before any <br />excavation is done on this project. <br />4. No advertising signs or devices of any form or size shall be <br />constructed or shall be permitted to be constructed or placed <br />upon Mn /DOT right -of -way covered by this Agreement. <br />5. Upon completion of the installation of landscape materials and <br />during performance of maintenance operations, restore all <br />disturbed areas of Mn /DOT right -of -way so as to perpetuate <br />satisfactory drainage, erosion control and aesthetics. <br />Any use of Mn /DOT right -of -way permitted by this Agreement shall <br />remain subordinate to the right of Mn /DOT to use the property for <br />highway and transportation purposes. This Agreement does not grant <br />any interest whatsoever in land, nor does it establish a permanent <br />Page 55 <br />