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2024-079
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2024-079
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8/5/2025 2:33:22 PM
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8/23/2024 10:36:40 AM
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(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and <br />Area are compatible with the safe and efficient operation of the highway and the Facility <br />and Area are in good condition and repair. If, in MnDOT's sole determination, <br />modifications and repairs to the Facility and Area are needed, Permittee will perform such <br />work as outlined in writing in an amendment of this LUP; and <br />(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable <br />governmental body authorizing the Permittee's use of the Facility and Area for the <br />additional term. <br />If Permittee's written request to extend the term is not timely given, the LUP will expire on the <br />Expiration Date. <br />Permittee hereby voluntarily releases and waives any and all claims and causes of action for <br />damages, costs, expenses, losses, fees and compensation arising from or related to any <br />cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or <br />assert any claims for damages, costs, expenses, losses, fees and compensation based upon <br />the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute <br />any legal action against MnDOT based upon any of the claims released in this paragraph. <br />2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and <br />expense Permittee will: <br />(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District <br />Engineer; and <br />(b) Surrender possession of the Area to MnDOT. <br />If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration <br />Date or earlier termination, Permittee will remain subject to all conditions, provisions, and <br />obligations of this LUP, and further, Permittee will pay all costs and expenses, including <br />attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from <br />the Area. <br />3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no <br />cost or expense to MnDOT. <br />Before construction of any kind, the plans for such construction shall be approved in writing by <br />the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be <br />required for any changes from the approved plan. <br />The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in <br />accordance with MnDOT-approved plans and specifications. Further, Permittee will construct <br />the Facility using construction procedures compatible with the safe and efficient operation of the <br />highway. <br />LUP — Standardized LUP Form Page 2 of 6 LU1001 6/3/2024 <br />
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