4.5. SR 08-17-2020 - Laserfiche WebLink

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(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible.with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT's sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee's use of the Facility and Area for the additional term. If Permittee's written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee's sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT's written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney's fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. MnDOT will construct the Facility under its project number: SP 7102-135. The cost will be a shared between MnDOT and the Permittee under Cooperative Agreement number 1044570. At no cost or expense to MnDOT, Permittee is responsible for any and all future construction of the Facility and continuous maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before Permittee's construction or alterations of any kind, the plans for such construction shall be approved in writing by MnDOT's District Engineer, LUP — Standardized LUP Form Page 2 of 6 LU1001 7/31/2020