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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> I <br /> I <br /> I <br /> I <br />I <br /> <br />4. This permit and agreement is non-exclusive and is granted subject to the fights of others, including, but not <br /> Iimited to public utilities which may occupy the right of way <br /> <br />5. The City will preserve and protect all utilities located on the lands covered by this permit and agreement at no <br /> expense to tile Minnesota Department of Transportation. <br /> <br />6. As required by statute, the City is required to notify Gopher State One Call System (1-800-252-1166) at least. <br /> <br /> · --' ,, this project. <br /> 48 hours before any di,:,~mo on <br /> <br />7. No advertising devices in any form or size shall be constructed or permitted to be constructed or placed upon <br />the lands covered by this permit and agreement <br />8. The city upon completion of the construction or installation shall restore all disturbed areas of the fight of way - · <br /> <br /> to perpetuate satisfactory drainage, erosion control, and aesthetics <br /> <br /> Any use permitted by this permit and agreement shall remain subordinate to the fight of the Minnesota -- <br /> <br /> Department of Transportation to use the property for highway and transportation purposes. This permit and <br /> agree~nent does not ~ant any interest whatsoever in land, nor does it establish a permanent park, recreation <br /> area or wildlife or waterfowl refuge facility that would become subject to Section 4 (0 of the Federal-Aid <br /> Highway Act of 1968. <br /> <br /> 16. This permit and agreement shall be subject to cancellation and terminatioh (for any cause or reason) or in' the <br /> event that any portion of the lands subject to this permit and agreement are required for transportation <br /> purposes, by giving the City written notice at least 90 days .prior. to the date when such termination shall ~: <br /> become effective ...... <br /> <br /> I 1. upon cancellation of said permit and agreement, or any portion thereof, the City will be required to.return and · .- -: :--. <br /> restore the area in a condition satisfactory to the Minnesota Department of Transportation's District Engi- ' <br /> neet. <br /> <br /> 12. The City shall assume all liability for and hold harmless and indemnify the State of Minnesota, its Department <br /> of Transportation, its Commissioner of Transportation and its employees from liabilities and claims of <br /> damage because of bodily injury, death, property damage, sickness, disease or loss and expense arising from <br /> the City and volunteer operations on the lands over which this permit and agreement is granted. <br /> <br /> 13. The City for itself, its heirs, its personal representatives, successors in interest, and assigns, agrees to abide <br /> <br /> by the provisions of Title VI Appendix C of the Civil Rights Act of 1964. <br /> <br /> <br />