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r <br /> AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) <br /> calendar days within which to correct the cited deficiencies . If said deficiencies are not <br /> corrected within this time period, the DEPARTMENT may at its option, proceed as follows : <br /> (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor ' s <br /> personnel and invoice the AGENCY for expenses incurred, or <br /> (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and <br /> remove, by DEPARTMENT or contractor ' s personnel, all of the <br /> landscape/hardscape installed under this Agreement or any preceding agreements <br /> except as to trees and palms and charge the AGENCY the reasonable cost of such <br /> removal . <br /> 4 . It is understood between the parties hereto that the landscape covered by this Agreement may <br /> be removed, relocated or adjusted at any time in the future as determined to be necessary by <br /> the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise <br /> changed to meet with future criteria or planning of the DEPARTMENT . The AGENCY <br /> shall be given sixty (60) calendar days notice to remove said landscape after which time the <br /> DEPARTMENT may remove same . All permits (including tree permits), fees , and any <br /> mitigation associated with the removal, relocation or adjustments of these improvements are <br /> the maintaining AGENCY' S responsibility. <br /> 5 . The DEPARTMENT agrees to enter into a contract for the installation of landscape Project <br /> for an amount not to exceed $18 8 35 <br /> , 7 . 17 as defined in Exhibit C . <br /> The DEPARTMENT ' S participation in the Project cost, as described in Exhibit C is limited <br /> to only those items which are directly related to this Project. The AGENCY shall be invited <br /> to assist the DEPARTMENT in final inspection at the end of the contractor ' s 365 day <br /> warranty and establishment period . <br /> 6 . The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the <br /> Project, should the landscape/hardscape areas fail to be maintained in accordance with the <br /> terms and conditions of this Agreement. <br /> 7 , This Agreement may be terminated under any one ( 1 ) of the following conditions : <br /> (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph <br /> 3 , following ten ( 10) days written notice . <br /> (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all <br /> documents, papers , letters , or other material subject to the provisions of Chapter 119, <br /> Florida Statutes, and made or received by the AGENCY in conjunction with this <br /> Agreement. <br /> [ ' oci mlMt , tri d SellI lg24 ,r �} '� . 1t,U � Ott 311a`; i� Lill }t(7r:FtY ill% I'rret <br /> 3 <br />