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MINUTES OF THE
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Otter Tail County Courthouse
Commissioners' Room, Floor 1-B
Tuesday, November 19; 2002
9:30 a.m.
Call to Order
1The Otter Tail County Board of Commissioners convened Tuesday, November 19, 2002, at
9:31 a.m. at the Otter Tail County Courthouse with Dennis Mosher, Chair; Malcolm Lee, Vice-
Chair; Syd Nelson, Roger Froemming, and Bob Block present.
Approval of Agenda
Motion by Froemming, second by Block, and unanimously carried to approve the County
Board agenda of November 19, 2002, with the following addition:
10:15 a.m. -Extension Educator, Angela Berge
Approval of Minutes
Motion by Lee, second by Nelson, and unanimously carried to approve the County Board
minutes of November 12, 2002, as mailed.
,. . 'c. •.·,
Approval to Pay Bills
Motion by Lee, second by Froemming, and unanimously carried to approve payment of
County Board bills per Attachment A of these minutes, which includes the following lodging
payment:
Country Inn & Suites Administrative Secretary, Renee Saurer
Resolution to Update a County
Comprehensive Water Management Plan
Otter Tail County Resolution No. 2002 -59
Commissioner Nelson offered the following and moved for its adoption:
WHEREAS, Minnesota Statutes, Chapter 103B.301, Comprehensive Local Water
Management Act, authorizes Minnesota Counties to develop and implement a
comprehensive local water management plan, and
WHEREAS, the Act requires that a County update and revise their comprehensive local
water management plan on a periodic basis, and
WHEREAS, the Act encourages that a county coordinate it's planning with contiguous
counties, and
WHEREAS, Otter Tail County has determined that the revision and continued implementation
of a comprehensive local water management plan will help promote the health and welfare of
the citizens of Otter Tail County.
0 NOW, THEREFORE, BE IT RESOLVED thatthe Otter Tail County Board of Commissioners
resolve to revise and update its current comprehensive local water management plan.
OTC Board of Commissioners' Minutes
November 19, 2002
Page 2
... .;
BE IT FURTHER RESOLVED that Otter Tail Courity will coordinate its efforts in the revision
and update of its plan with all local governmental units within the county, and will incorporate, 0
where appropriate, any existing plans and rules which have been developed and adopted by
watershed districts having jurisdiction wholly or partly within Otter Tail County into its
comprehensive local water management plan.
BE IT FURTHER RESOLVED that the Otter Tail County Board of Commissioners delegates
EQT/WOT SWCD the responsibility of coordinating, assembling, and writing the revised
comprehensive local water management plan pursuant to M.S. 1038.301 and M.R. 9300.
Commissioner Froemming seconded the motion and upon being put to vote, the resolution
was adopted unanimously.
Adopted at Fergus Falls, Minnesota, this 19th Day of November, 2002.
Dated:_-1-/i'-+-/-""'2-"'"'u"'-·-1-/=-c:,_.,· 2-~----r I OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest: ~1 rfg_
Larry Krohn,lerk
By~~/
Dennis R. Moher,County Board Chair
Building Project Update
Contract Approval Q
Physical Plant Manager, Rick Sytsma, briefed the County Board on the remodeling progress
at the Government Services Building. He reported that concrete work and outside work has
been completed. Mr. Sytsma reported that in the New York Mills building, a new office
configuration for Prime Time Communications has been agreed upon, and the three-year
lease will be effective February 1, 2003.
Motion by Lee, second by Block, and unanimously carried to authorize the Chair's signature
to execute an agreement between the County of Otter Tail and Shultz Torgerson Architects
for furnishings design at the Government Services Center in the amount of $24,000.
Extension Education Update
Extension Educator, Angela Berge, briefed the County Board regarding positive parenting
classes and reviewed brochures and other documents that contain valuable information. She
noted that some fees are charged for the brochures and classes to the attendees and there
may be more services delivered on a fee basis in the future.
Quit Claim Deed Approved
Motion by Lee, second by Block, and unanimously carried to authorize the Chair's Signature
to execute a Q_uit Claim Deed to convey property to Richard L. and Veronica Bergeron.
Recess & Reconvene
At 10:47 a.m., Chairman Mosher recessed the meeting of the Otter Tail County Board of
Commissioners for a short break. The meeting was reconvened at 11 :00 a.m. 0
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OTC Board of Commissioners' Minutes
November 19, 2002
Page 3
Approval of Remodeling Contracts
Motion by Lee, second by Block, and unanimously carried to authorize the Chair's signature
to execute the following remodeling contracts for the Government Services building:
Johnson-Nelson Masonry, Inc., Ashby, MN
Grazzini Brothers a.nd Company, Eagan, MN
Herzog Roofing, Inc., Detroit Lakes, MN
Nova Fire Protection LLC, Fargo, ND
Ellenson Caulking, Fargo, ND
Advance Elevator Company, Fargo, ND
DOW Acoustics, Inc., Detroit Lakes, MN
Multiple Concepts Interiors, Waite Park, MN
Comstock Construction Inc., Fergus Falls, MN
Red River Glazing, Inc, Fargo, ND ·
Williams Wallace Painting, Fergus Falls, MN
Planning Commission Recommendations
Preliminary Plat -"Elwi/1 Beach Second Addition:
Motion by Froemming, second by Lee, and unanimously carried to approve the Preliminary
Plat known as "Elwill Beach Second Addition" consisting of 4 single family residential lots with
conditions as recommended by the Planning Commission. The property is described as Pt
GL 2 & Pt SW¼NE¼ (15.06 Ac) and Pt GL 1 & 2 (1.11 Ac), Section 5 of Girard Township;
Ethel Lake (56-193).
Conditional Use Permit -Boosalis Trust:
Motion by Lee, second by Nelson, and unanimously carried to approve a Conditional Use
Permit to regrade this site with conditions as recommended by the Planning Commission.
The. property is described as Blyberg's Point First Addition Lot 3 Block 1, Section 17 of Dunn
Township; Fish Lake (56-768).
Conditional Use Permit-Boosalis Trust:
Motion by Lee, second by Nelson, and unanimously carried to approve a Conditional Use
Permit to add fill to this property with conditions as recommended by the Planning
Commission. The property is described as Blyberg's Point First Addition Lot 6 Block 1,
Section 17 of Dunn Township; Fish Lake (56-768).
Conditional Use Permit-Bass.Bay Trust USA:
Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to allow importation of earth with conditions as recommended by the Planning
Commission. The property is described as Blyberg's Point First Addition Lot 1 Block 1,
Section 17 of Dunn Township; Fish Lake (56-768).
Preliminary Plat & Conditional Use Permit -"Deer Stalker Retreat''/Evelyn Lepacek:
Motion by Mosher, second by Lee, and unanimously carried to deny the Preliminary Plat
known as "Deer Stalker Retreat" and to deny a Conditional Use Permit to service the plat as
recommended by the Planning Commission. The property is described as Pt of GL's 1 & 2,
·Section 26 of Tordenskjold Township (formerly Sleepy Hollow Resort); Stalker Lake (56-437).
Preliminary Plat & Conditional Use Permit -"Johnson Lake Subdivision"/Doris A. Johansen:
Motion by Mosher, second by Froemming, and unanimously carried to approve the
Preliminary Plat known as "Johnson Lake Subdivision" consisting of 14 single family
OTC Board of Commissioners' Minutes
November 19, 2002
Page 4
residential lots and a Conditional Use Permit to construct a road to service the subdivision
with conditions as recommended by the Planning Commission. The property is described as
NE¼ SW¼ & Lot 4 (67 Ac), Section 9 of St. Olaf Township; Johnson Lake (56-393).
Conditional Use Permit-Stuart S. & Corinne D. Peterson:
Motion by Lee, second by Nelson, and unanimously carried to approve a Conditional Use
Permit to replace an existing dwelling as presented. The property is described as Lot 2 ex tr
(13.75 Ac) Section 2 and Lot 6 ex tr & Lot 7 (76.40 Ac) & GL 5 ex tr & NW¼SE¼ (69.12 Ac)
Section 3 of Star Lake Township; Star Lake (56-385).
Conditional Use Permit-Ken Lyden:
Motion by Lee, second by Froemming, and unanimously carried to approve a Conditional Use
Permit to dig basement and build up driveway with conditions as recommended by the
Planning Commission. The property is described as Lot 12 Crystal Springs, Section 3 of Lida
Township; Crystal Lake (56-749).
Conditional Use Permit -"Sunset Bay Resort''/Kevin J. Kovar:
Motion by Nelson, second by Lee, and unanimously carried to approve a Conditional Use
Permit to remodel a building and to add 7 RV sites with conditions as recommended by the
Planning Commission. The property is described as Pt of GL 7 bg 1386' W of SE
cor ... (10.29 Ac) Section 28 of Hobart Township; Long Lake (56-388).
Conditional Use Permit -David L. Wieser:
Motion by Froemming, second by Lee, and unanimously carried to amend the Conditional Q
Use Permit application of David L. Wieser to allow 7 parking spots for his real estate business
rather than 8 parking spots. The property is described as S.L. 4 of Gov. Lot 4 (.81Ac) Section
32 of Amor Township; Otter Tail Lake (56-242).
Planning Commission Per Diem
Motion by Mosher, second by Lee, and unanimously carried to allow a per diem for a
Planning Commission member to attend County Board meetings when considering Planning
Commission recommendations.
Limited Use Permit
Otter Tail County Resolution No. 2002 -60
Commissioner Froemming offered the following and moved for its adoption:
WHERAS, the Commissioner of Transportation of the State of Minnesota has made available
certain Trunk Highway right-of-way as shown in red on exhibit "A" and exhibit "B" in green in
Limited Use Permit, attached hereto, and made part thereof, for the purpose of constructing,
maintaining, and supervising a snowmobile trail, and
WHEREAS, the County of Otter Tail desires to make available to its citizens and visitors,
such an area for the aforementioned purposes, in harmony and keeping with its recreational
plan, and, Q
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OTC Board of Commissioners' Minutes
November 19, 2002
Page 5
WHEREAS, the County of Otter Tail is willing to operate, maintain, and safeguard the facility
as set forth in the Limited Use Permit, attached hereto, and made a part thereof in the official
minutes (attachment B).
NOW, THEREFORE, BE IT RESOLVED, that the Chairperson of the Board of County
Commissioners execute the aforesaid Limited Use Permit.
Commissioner Lee seconded the motion and upon being put to vote, the resolution was
adopted unanimously.
Adopted at Fergus Falls, Minnesota, this 19th Day of November, 2002.
Dated: __ _,/'...L;/L..zL.1.(.r.,,,w/1l....!· O"-?,:;__ __ _ 7 I
OTTER TAIL COUNTY BOARD OF COMMISSIONERS
Attest: ~ ~ Larry Kro n, Clrk By•&io~ .. Cha;,
Approval of Final Plats
Motion by Nelson, second by Block, and unanimously carried to approve the Final Plat (3-lot
subdivision) known as McDonald View in Section 9, Edna Township, Little McDonald Lake
(56-328).
Motion by Lee, second by Froemming, and unanimously carried approve the Final Plat of
Harry Huddleston known as Huddleston Addition to Loon Lake in Section 35, Candor
Township, Loon Lake (56-523).
Adjournment
At 11:44 a.m., Chair Mosher declared the meeting of the Otter Tail County Board of
Commissioners adjourned until Tuesday, November 26, 2002.
Dated: If/ 20 /oz.._ OTTER TAIL COUNTY BOARD OF COMMISSIONERS I 7
Atte~ l«,1,, a
Larry Krohn,lerk
.,L;~
DBflflisR.Mosh,CountyBoard Chair
CB/kd
Otter Tail County Warrants
November 19, 2002
Page 1, Attachment A
0 . 11/20/2002 10:57:15
OTTER TAIL COUNTY AUDITOR MPEDERSO RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
IFD66
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WARRANTS APPROVED ON 11/19/2002 FOR PAYMENT
VENDOR NAME
A-1 LOCK AND KEY ACME ELECTRIC ADVANCED BUSINESSLINK CORPORAT
AGGREGATE INDUSTRIES, INC. AMERICAN INSTITUTIONAL SUPPLY, APPLIED CONCEPTS, INC.
ASSOCIATION OF MN COUNTIES AUTO SAFETY SERVICE
BAKKE ACOUSTICAL BALLARD SANITATION INC. BATTLE LAKE STANDARD BEAR GRAPHICS INC. BEST INC. BEYER BODY SHOP BJ'S EAST BJORN'S HEATING & AIR COND. .BL EXPRESS BOUND TREE MEDICAL LLC BRANDON COMMUNICATIONS INC CARQUEST AUTO PARTS
CATCO CITY BAKERY CO-OP SERVICES INC· COOPER'S TECHNOLOGY GROUP CORPORATE TECHNOLOGIES COUNTRY INN & SUITES CULLIGAN DENNY'S ENTERPRISES INC DENT OIL CO AND TIRES KATHY DOMHOLT DON'S SERVICE ECONO SALES AND SERVICE ELECTION SYSTEMS & SOFTWARE IN ELK RIVER LANDFILL CAROLYN ELLINGSON
BRYAN EMMEL ENERGY PARTNERS, LLC
ERHARD VILLAGE STORE FABRICATORS UNLIMITED INC FERGUS ELECTRIC FERGUS FALLS MEDICAL GROUP
FERGUS FALLS POLICE DEPARTMENT FERGUS TIRE CENTER FIG LEAF SOFTWARE FLOOR TO CEILING STORE FORCE AMERICA FOTH & VAN DYKE ROGER FROEMMING G & K SERVICES
AMOUNT
215.95 240.61 600.00
2,, 640. 25 261.06 299.02
150.00 538.02 1,345.00 32.64 545.21 300.48 4,492.17 228.88 87.52 3.41 54.02 . 23. so . 201.30' 16.11 1,294.12
14.00 2,924.56 297.34 911.14 143.02 2.52 85.54 13.00 86.14 108.36 76.60 617.17 3,134.59 67.53 19.25 125.57 737.59
82.91 196.78 1,678.85
479.98 377.71 2,090.00 2,883.50 54.60 734.97 103.66 2,678.16
COUNTY 56 PAGE 1
11/19/2002
Otter Tail County Warrants
November 19, 2002
Page 2, Attachment A
11/20/2002 10:57:15
OTTER TAIL COUNTY AUDITOR MPEDERSO RECEIPTS AND DISBURSEMENTS SYSTEM
WARRANTS FOR PUBLICATION
IFD66 COUNTY 56 PAGE 2
WARRANTS APPROVED ON 11/19/2002 FOR PAYMENT 11/19/2002
VENDOR NAME
GALL'S INC. GE CAPITAL DONNA GEISER
GOODIN COMPANY GR GRAPHICS INC HALL GMC INC . . HEALTH CARE INCINERATORS HEDAHLS HEADQUARTERS .
TERRY HOFF TONYA HOLT HOMESTEAD BUILDING SUPPLIES
IAAO IBM CORPORATION INDEPENDENT EMERGENCY SERVICES INSIGHT INTERSTATE ALL BATTERY CENTER INTERSTATE INC. INTERTECHNOLOGIES GROUP J-CRAFT INC,
JJ'S GAS AND GROCERIES KANDIYOHI COUNTY SHERIFF'S DEP KELLY SERVICES INC. L & L SERVICE
LAKE REGION HEALTHCARE LAKES X-TERM, LLC PEST CONTROL LAKES X-TERMINATION PEST CONTR LAKEWAY MARKET
LARRY OTT INC, TRUCK SERVICE MALCOLM LEE TARA LINDQUIST LOCATORS & SUPPLIES INC. MAIN STREET GAS & GOODS LLP VIOLA MANDERUD MCCC,NW 3780 THE MIDWEEK MILLER & HOLMES INC. MINN-KOTA COMMUNICATIONS INC. MN GIS-LIS DENNIS MOSHER JIM MYHRE
NELSON DODGEGMC POLARIS CORA NELSON
SYDNEY NELSON NENA MINNESOTA NEW YORK MILLS HERALD NORTH UNION TEXACO OFFICE DEPOT OLSON FUNERAL HOME OVERLAND MECHANICAL SERVICES
AMOUNT
20.96 233.65 229.38
141. 98 200.16 347.73 5. 00
19. 80 42.07 17.55 982.60 155.00 327.00 125.00
424.00 24.44 25,225.05 640.20
40.94 60,71
100.00 859.36 331.37
764.75 79, 88
17 .57 1,145.38 950.00 132,13 27.92 145,18 24.18 41.42 1,638.00 76.64 2,245.00 140.69
1,045.00 44 .. 53 200.84
234.83 48.80
91.26 960.00 663.83 226,02 12.80 350,00 128.10
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10:57:15
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Otter Tail County Warrants
. November 19, 2002
Page 3, Attachment A
OTTER TAIL COUNTY AUDITOR IFD66 MPEDERSO RECEIPTS AND DISBURSEMENTS SYSTEM COUNTY 56
WARRANTS FOR PUBLICATION PAGE 3
WARRANTS APPROVED ON 11/19/2002 FOR PAYMENT 11/19/2002
VENDOR NAME
PADCO LEASE CORP PAUL'S HOLIDAY STATION STORE
MITZI PEDERSON
SALLY PEHRSON
PENROSE OIL COMPANY
PERHAM AUTO VALUE PERHAM CO-OP CREAMERY
PERHAM ENTERPRISE BULLETIN
PERHAM PRINTING PIONEER RIM & WHEEL CO.
PRINTING SERVICES
RAY'S OIL STATION REVIEW ENTERPRISES INC. RINGDAHL AMBULANCE SERVICE
SAMMY'S ONE STOP
MATTHEW SAURER
RENEE SAURER
SERVICE FOOD SUPERVALU
SEWER SERVICE
SHAW EXCAVATING SHERWIN WILLIAMS
SOUTH MILL SERVICE
SOUTHERN STEEL SOUTHTOWN C-STORE WAYNE STEIN
STEIN'S INC.
STENERSON LUMBER
STEVE'S SANITATION JOSLYN THOMPSON KRISTI THUNSELLE
TRI-STATE TIRE UNIVERSITY OF MN-EXTENSION SER
VALLEY SOFT WATER
VARITECH INDUSTRIES
VERGAS 66 VICTOR LUNDEEN COMPANY
VIKING COCA-COLA
VIKING OFFICE PRODUCTS
VOSS LIGHTING
W.W. GRAINGER INC WALLWORK TRUCK CENTER
WASTE MANAGEMENT 4-H PLAT BOOK PROJECT
FINAL TOTAL ...•..•
AMOUNT
2,251.00
269.56
62.05
28.65
894.64
29.80
1,846.82
453.00
6.95
50.74
102.24
797.40
42.55
616.50 207.18
14.66
35.00
19. 31 720.00 400.00
103.22
954.93
96.00
213.82
55.35
1,518.22
19.15
3,927.44 125.00
95.81
326.29 2,860.34 15.90
255.53
30.32
456.51 5.00
93.08
518.25
123.84
1,311.23
6,338.75
1,250.00
$105,825.04 ****
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Otter Tail County Board Minutes
November 19, 2002
Attachment B, Page 1
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT FOR
SNOWMOBILE TRAIL
CS. 5603 (TH. 210)
C.S 5624 (TH. 108)
C.S. 5608 (TH. 29)
County of Otter Tail
In accordance with Minnesota Statutes Section 161.434, a Limited Use Permit is hereby granted to the,
Permittee. This permit is for the purpose of constructing, maintaining and operating a snowmobile trail,
(hereinafter called trail), within the right of way of Trunk Highway No's. 210, 108, and 29 as shown in red on
Exh1b1t "A" and Trunk Highway No. 29 as shown in green on Exhibit "B" which are attached hereto and
--incorporated herein by reference.---Th1s perm1t-1s executed by the Perm1ttee pursuant to the attached resolution.
In addition. the following special provisions shall apply-
2.
3
4
5
SPECIAL PROVISIONS
The definition and operation of snowmobiles shall be ,n accordance with Minnesota Statutes §84.81 and
§84 87
The construction, maintenance. and supervision of the trail shall be at no expense to the Minnesota
Department of Transportation
Before construction of any kind. the plans for such construction shall be approved In wnting by the
Minnesota Department of Transportation, through the District Engineer.
No permanent structure(s) or advert1s1ng dev1ce(s) in any manner. form or size shall be constructed.
placed or permitted to be constructed or placed upon the State of Minnesota nght of way
No commercial activity or activities shall be allowed to operate upon said State of Minnesota nght of way.
Page 1 of .J
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Otter Tail County Board Minutes
November 19, 2002
Attachment B, Page 2
6. Any and all maintenance of the trail shall be provided by the Permittee; this includes, but is not limited to,
the plowing and removal of snow, and the installation and removal of signs. The State of Minnesota will
not mark obstacles for snowmobiles or other recreational motorized vehicle on trunk highway right of way.
7. If any signs are placed they must be in accordance with Minnesota Rules for the Department of Natural
Resources §6100.5300 and §6102.0060 and also in accordance with "Minnesota Snowmobile Safety,
Laws, Rules and Regulations".
8. This permit is non-exclusive and is granted subject to the rights of others, including, but not limited to
public utilities which may occupy said right of way
9. The Permittee shall preserve and protect all utilities located on the lands covered by this permit at no
expense to the Minnesota Department of Transportation and it shall be the responsibility of the Permittee
to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any
excavation.
10. Any crossings of the trail over the trunk highway shall be perpendicular to the centerline of the highway
and shall provide and ensure reasonable and adequate stopping sight distance.
11. The Perm1ttee shall construct the trail at the location shown in the attached Exhibit "A" subiect to
verification by the Minnesota Department of Transportation District Engineer that the construction
geometrics and procedures result ,n a trail that ,s compatible with the safe and efficient operation of the
highway facility.
12. Approval from Minnesota. Dei,artrnen_t of Transportation District Engineer shall be required for any
... changes riam-ihe approvedpian.
13.
14
15
16
Upon completion of the construction of the trail, the Permittee shall restore all disturbed slopes and
ditches ,n such manner that drainage. erosion control and aesthetics are perpetuated
This permit does not release the Permittee from any liability or obligation imposed by federal law.
Minnesota Statutes. local ordinances, or other agency regulations relating thereto and any necessary
permits relating thereto shall be applied for and obtained by the Permittee
Any use permitted by this permit shall remain subordinate to the right of the Minnesota Department of
Transportation to use the property for highway and transportation purposes. This permit does not grant
any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge facility that would become subIect to Section 4 (f) of the Federal-Ard Highway Act of
1968, nor does this permit establish a Bikeway or Pedestrian way which would require replacement
pursuant to Minnesota Statutes Section 160.264.
This permit shall be subIect to cancellation and term1nat1on by the Minnesota Department of
Transportation, with or without cause. by g,v,ng the Permittee 90 days written notice of such intent. Upon
said notice of cancellation the trail shall be removed within 90 days by the Perm,ttee. Upon cancellation
of said permit, or any portion thereof, the Permittee will be required to return and restore the area to a
condition satisfactory to the Minnesota Department of Transportation District Engineer. The removal of
the trail and the return and restoration of the area shall be at no cost to the Minnesota Department of
Transportation and at the sole expense of the Permittee.
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Otter Tail County Board Minutes
November 19, 2002
Attachment B, Page 3
17. The Permittee, for itself, its successors, and assigns, agrees to abide by the provisions of Title VI
Appendix C of the Civil Rights Act of 1964, which provides in part that no person in the United States, shall
on the grounds of race, color, or national origin, be excluded from, or denied use of any trail.
18. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of
Transportation and employees and its successors and assigns, from liat>ility claims for damages because
of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the
operations of the trail or from the use of the portion of highway right of way over which this permit is
granted.
19. The Permittee shall hold harmless and indemnify the State of Minnesota, its Commissioner of
Transportation and employees and its successors and assigns from claims arising or resulting from the
temporary or permanent termination of trail user rights on any portion of highway right of way over which
this permit is granted.
20. The State of Minnesota, through its Commissioner of Transportation, shall retain the right to limit and/or
restrict the parking of vehicles and assemblage of trail users on the highway right of way over which this
permit is granted. so as to maintain the safety of both the motoring public and trail users.
21. The Permrttee will hold harmless and indemnify the State of Minnesota. its Commissioner of
Transportation and employees from claims resulting from temporary or permanent changes in drainage
patterns resulting in flood damage.
22.
23.
24.
25
The Permrttee shall not dispose of any materials regulated by any governmental or regulator/ agency
onto the ground. or into any body of water, or rnto any container on the State's right of way In the event
of spillage of regulated materials, the Permrttee shall provide for cleanup of the spilled material and the
mafeiials-c:oiifam,riated by the-spillage in accordance with all applicable federal; state and local laws and
regulations. at the sole expense of the Permittee
No assignment of this permit Is allowed
The Perm1ttee (for itself. rts contractors. subcontractors. rts materialmen, and all other persons acting for,
through or under it or any of them), covenants that no laborers'. mechanics', or matenalmens' liens or
other liens or claims of any kind whatsoever shall be filed or marntarned by it or by an subcontractor,
materialmen or other person or persons acting for. through or under it or any of them against the work
and/or against said. lands, for or on account of any work done or materials furnished by rt or any of them
under any agreement or any amendment or supplement thereto; agrees to indemnify and hold harmless
the State of Minnesota from all such liens and claims.
The State of Minnesota's liability shall be governed by the provisions of the Minnesota Tort Claims Act.
Minnesota Statutes. Section 3. 736. and other applicable law
Page 3 of 4
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Q MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
By:. ____________ _
Lee Berget, District Engineer
Date. ____________ _
Otter Tail County Board Minutes
November 19, 2002
Attachment B, Page 4
COUNTY OF OTTER TAIL
Its Chairperson
And ___________ _
Its County Auditor
APPROVED BY Date: ___________ _
COMMISSIONER OF TRANSPORTATION
By: _________________ _
Director. Office of Land Management
Date ____________________ _
. O-Jhe Commissioner_of.Transportation
by the execution of this permit
certifies that this permit is
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necessary in the public interest
and that the use intended is for
public purposes.
This instrument was drafted by the
State of Minnesota. Department of
Transportation.
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