Minnesota Administrative Rules

1245.0500 TERMS AND CONDITIONS.

Permits shall be granted upon permittee's agreement to and performance of the following terms and conditions:

A.

Permittee shall indemnify and hold the state of Minnesota harmless for any claim, meritorious or otherwise, and for any causes of action regardless of their nature arising directly or indirectly out of any permittee's activities. The state shall not be liable for any damage to property of permittee or injury to permittee or invitees.

B.

If in the opinion of the director or the assistant director the activity to be conducted may endanger life or property, permittee shall purchase liability insurance which protects all persons and their property from injury or damage. The amount of such liability insurance shall be no less than $100,000 minimum coverage per person per occurrence and $500,000 minimum coverage per occurrence.

The state of Minnesota shall be designated as sole payee in the event of loss.

C.

Permittee shall obey and conform to all federal, state, and local laws, rules, and ordinances.

D.

Permittee shall cause no damage to any property by virtue of its activities. In the event of any damage to any state property, permittee shall immediately repair same. Failure to immediately make such repairs when advised to do so in writing by the director or assistant director shall result in cancellation of permit.

E.

Permittee shall conduct its activities in a manner so as not to adversely affect the environment and shall restore areas of activity to original conditions. Permittee shall remove all equipment relating to and debris resulting from permittee's activities from state land by the termination date of the permit.

F.

Permittee shall limit its activities on state land to areas specified by the permit.

G.

Unless otherwise specified, permits shall remain in effect for one year from effective date so long as conditions prescribed hereby and in the permit are met.

H.

Permittee shall neither assign nor transfer any rights or obligations under the permit without the prior written consent of the commissioner or the commissioner's authorized designee.

I.

Permittee shall not vary the permit without the prior written consent of the commissioner or designee.

J.

Receipt of permit shall not constitute an exclusive grant, and the state may issue similar or identical permits for the same or overlapping areas of land.

K.

The permit may be canceled by either party at any time, with or without cause, upon 30 days' written notice to the other party.

L.

Unless specifically excepted for cause in the permit, all permits shall be granted with the understanding that the lost or abandoned property which is recovered from state lands shall be turned over to the Department of Administration for disposition as provided by statute. The permittee's share of the proceeds shall be agreed upon between the permittee and the state prior to issuance of the permit. The state's share shall be deposited in the general revenue fund.

Statutory Authority:

MS s 16B.04

History:

17 SR 1279

Published Electronically:

May 11, 2004