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r 2 . The AGENCY agrees to maintain the landscape within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT ' S landscape safety and plant care guidelines . The AGENCY' S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks , paver intersections and all paver header curbs , stamped asphalt and concrete areas . It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows : To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects ; to properly mulch the plant beds ; to keep the premises free of weeds ; to mow and/or cut the grass to a proper length ; to properly prune all plants which includes : ( 1 ) removing dead or diseased parts of plants , or (2) pruning such parts thereof which present a visual hazard for those using the roadway . To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards . All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications . To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line . Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees , grass , or shrubs . If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements , all costs associated with irrigation maintenance , impact fees and connections as well as on-going cost of water are the maintaining AGENCY' S responsibility. The above named functions to be performed by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT . Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT . 3 , If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT ' S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s) , by sending a certified letter to the AGENCY, to place said 18tnnijorar int:nrn ' t c, o ;_ i<, rHan 2