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5. Any and all maintenance of the trail shall be provided by the Permittee; this includes, <br />but is not limited to, the plowing and removal of snow, and the Installation and removal <br />of regulatory signs. <br />6. This permit is non-exclusive and is granted subject to the rights of others, including, but <br />not limited to public utilities which may occupy said right of way. <br />7. The Permittee shall preserve and protect all utilities located on the lands covered <br />by this permit at no expense to the Minnesota Department of Transportation and it <br />shall be the responsibility of the Permittee to call the Gopher State One Call System <br />at 1-800-252-1166 at least 48 hours prior to performing any excavation. <br />8. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline <br />of the highway and shall provide and ensure reasonable and adequate stopping sight <br />distance. <br />9. The Permittee shall construct the trail at the location shown In the attached Exhibit "A” <br />subject to verification by the Minnesota Department of Transportation District Engineer <br />that the construction geometries and procedures result in a trail that is compatible with <br />the safe and efficient operation of the highway facility. <br />10. Approval from Minnesota Department of Transportation District Engineer shall be <br />required for any changes from the approved plan. <br />11. Upon completion of the construction of the trail, the Permittee shall restore all disturbed <br />slopes and ditches in such manner that drainage, erosion control and aesthetics are <br />perpetuated. <br />12. This permit does not release the Permittee from any liability or obligation imposed by <br />federal law, Minnesota Statutes, local ordinances, or other agency regulations relating <br />thereto and any necessary permits relating thereto shall be applied for and obtained by <br />the Permittee. <br />13. 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 <br />purposes. This permit does not grant any Interest whatsoever in land, nor does it <br />establish a permanent park, recreation area or wildlife or waterfowl refuge facility that <br />would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does <br />this permit establish a Bikeway or Pedestrian way which would require replacement <br />pursuant to Minnesota Statutes Section 160.264. <br />Page 2 of 4