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costs and expenses, including attorneys fees, in any successful action brought by State of <br /> Minnesota to remove the facility and stop the continued occupancy or use. <br /> 2. 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 Minnesota Department of Transportation, through the District Engineer. Approval from <br /> Minnesota Department of Transportation District Engineer shall be required for any changes <br /> from the approved plan. <br /> The Permittee shall construct the Facility at the location shown in the attached Exhibit"A" <br /> subject to verification by the Minnesota Department of Transportation District Engineer that the <br /> construction geometrics and procedures result in a Facility that is compatible with the safe and <br /> efficient operation of the highway. <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 /> The Permittee shall preserve and protect all utilities located on the lands covered by this permit <br /> at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher <br /> State One Cali System at 1-800-252-1166 at least 48 hours prior to performing any excavation. <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 /> 3_ 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 /> 4. 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 /> Any use permitted by this permit shall remain subordinate to the right of the Minnesota <br /> Department of Transportation to use the property for highway and transportation purposes. This <br /> permit does not grant any interest whatsoever in land,nor does it establish a permanent park, <br /> recreation area or wildlife or waterfowl refuge Facility that would become subject to Section 4 (f) <br /> of the Federal-Aid Highway Act of 1968, nor does this permit establish a Bikeway or Pedestrian <br /> way which would require replacement pursuant to Minnesota Statutes Section 1.60.264. No <br /> rights to relocation benefits are established by this permit <br /> LUP Standardized LUP Form Page 2 of 5 LU1001 8/15/2012 <br />