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The Permittee shall preserve and protect all existing survey monuments and utilities located <br /> on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility <br /> of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 <br /> hours prior to performing any excavation. <br /> 4. MAINTENANCE. The Permittee shall keep the Facility in good repair. Any and all <br /> maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, <br /> including, but not limited to, plowing and removal of snow and installation and removal of <br /> regulatory signs. No signs shall be placed on any MnDOT or other governmental agency <br /> sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right <br /> of way. MnDOT may, without prior notice, remove any Facility that presents a safety risk or <br /> which has not been properly maintained. <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 <br /> commercial activities shall be allowed to operate upon the Area. <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 facility that would become subject to Section 4(f) of the Federal-Aid <br /> Highway Act of 1968. No rights to relocation benefits are established by this LUP. <br /> This LUP is non-exclusive and is granted subject to the rights of others, including, but not <br /> limited to public utilities which may occupy the Area. <br /> 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or <br /> obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency <br /> regulations relating thereto and any necessary permits relating thereto shall be applied for <br /> and obtained by the Permittee. <br /> 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of <br /> the consideration hereof, does hereby covenant and agree that in the event facilities are <br /> constructed, maintained, or otherwise operated on the property described in this permit for a <br /> purpose for which a MnDOT activity, facility, or program is extended or for another purpose <br /> involving the provision of similar services or benefits, the Permittee will maintain and <br /> operate such facilities and services in compliance with all requirements imposed by the Acts <br /> and Regulations relative to nondiscrimination in federally-assisted programs of the U.S. <br /> Department of Transportation, Federal Highway Administration (FHWA),(as may be <br /> amended) such that no person on the grounds of race, color, national origin, sex, age, <br /> disability, income-level, or limited English proficiency (LEP) will be excluded from <br /> participation in, denied the benefits of, or be otherwise subjected to discrimination in the use <br /> of said facilities. <br /> LUP—Standardized LUP Form Page 3 of 6 LU1001 4/6/2017 <br />