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LUP – Standardized LUP Form Page 3 of 6 LU1001 5/19/2023 <br /> Upon completion of the construction of the Facility, the Permittee shall restore all disturbed <br />slopes and ditches in such manner that drainage, erosion control and aesthetics are <br />perpetuated. <br /> <br /> The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at <br />no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State <br />One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. <br /> <br /> Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of <br />the highway and shall provide and ensure reasonable and adequate stopping sight distance. <br /> <br />4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at <br />its sole cost and expense, including, but not limited to, plowing and removal of snow and <br />installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other <br />governmental agency sign post within the Area. MnDOT will not mark obstacles for users on <br />trunk highway right of way. <br /> <br />5. USE. Other than as identified and approved by MnDOT, no permanent structures or no <br />advertising devices in any manner, form or size shall be allowed on the Area. No commercial <br />activities shall be allowed to operate upon the Area. <br /> <br /> Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the <br />property for highway and transportation purposes. This LUP does not grant any interest <br />whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or <br />waterfowl refuge. No rights to relocation benefits are established by this LUP. <br /> <br /> This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited <br />to public utilities which may occupy the Area. <br /> <br />6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation <br />imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations <br />relating thereto and any necessary permits relating thereto shall be applied for and obtained by <br />the Permittee. <br /> <br />Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the <br />Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued <br />by any federal, state or local political subdivision having jurisdiction and authority in connection <br />with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities <br />are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and <br />perform such obligation without liability to Permittee for any loss or damage to Permittee thereby <br />incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for <br />overhead and supervision within 30 days of receipt of MnDOT’s invoice. <br />