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WHEREAS , the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS , the AGENCY by Resolution No2009167dated NovPmb r 3 , 20j c._ , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so ; NOW THEREFORE , for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows : I . The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities substantially as specified in the initial plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B . If there are any major changes to the plans, the Department shall provide the modified plans and the AGENCY shall provide their approval or disapproval within 10 business days . The Department may elect to withdraw the landscape if changes are not approved within the given time frame . Hardscape shall mean any non- standard lighting and/or sidewalk or median surface such as , but not limited to interlocking concrete or brick pavers , stamped asphalt and stamped concrete . 2 . The AGENCY agrees to maintain the landscape improvements as defined as : plantings , irrigation, and/or hardscape within the medians and areas outside the travel way to the right of way line by periodic pruning, mowing, fertilizing, weeding, curb and sidewalk edging, litter pickup and necessary replanting, and repair following the DEPARTMENT ' S landscape safety and plant care guidelines and Exhibit C Maintenance Plan . 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 mulching the plant beds ; to keeping the premises free of weeds ; to mowing the grass to the proper height ; to properly pruning all plants which at a minimum includes : ( 1 ) removing dead or diseased parts of' plants , ( 2 ) pruning such parts thereof to provide clear visibility to signage or for those using the roadway and or sidewalk ; ( 3 ) preventing any other potential roadway hazards . Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees , shrubs , groundcover and sod . 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 sliall be replaced by plants of the same size and grade as specified in the original plans and specifications . To S %9 .011 ! I XO JO_ `. I ' ` . I - � . . , AP 0 U; .i1 ., > 1' r. � _ �U_ �� kah ,uil , .: r1 {' ; rc - 2 -