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maintained pursuant to the terms of this Agreement , said District Secretary may at his/her option , issue a written notice that a deficiency or deficiencies exist( s ) , by sending a certified letter to the AGENCY , placing said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty ( 30 ) calendar days within which to correct the cited deficiencies . If said deficiencies are not corrected within this time period , the DEPARTMENT may at its option , proceed as follows : ( 1 ) Maintain the landscape improvements or any part thereof, with DEPARTMENT or Contractor' s personnel and invoice the AGENCY for expenses incurred , or ( 2 ) Terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove , by the DEPARTMENT or Contractor' s personnel , all of the landscape improvements installed under this Agreement or any preceding Agreements , except as to trees and palms , and charge the AGENCY the reasonable cost of such removal . B . The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the Landscape improvements listed in Exhibit B in the amounts listed in those plans should the landscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement . 5 . FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the landscape improvements covered by this Agreement may be removed , relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened , altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT . The AGENCY shall be given sixty ( 60 ) calendar days notice to remove said landscape improvements at AGENCY ' S expense after which time the DEPARTMENT may remove same . All permits ( including tree permits ) , fees , and any mitigation associated with the removal , relocation or adjustments of these improvements are the maintaining AGENCY ' S responsibility . 6 . FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional landscape improvements within the limits of the rights of ways identified as a result of this document , subject to the following conditions : ( a ) Plans for any new landscape improvements shall be subject to approval by the DEPARTMENT . The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT . ( b ) The AGENCY shall procure a permit from the DEPARTMENT . ( c ) All landscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards . ( d ) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape improvements installed at no cost to the DEPARTMENT. Page 4 of 18