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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010.40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 10/10 Page 4 of 5 EXHIBIT " L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13 . 13 is expanded by the following : The Department and the Agency agree as follows : 1 . Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA , the Agency shall , at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called " Project Standards." Specifically , the Agency agrees to : a ) Properly water and fertilize all plants , keeping them as free as practicable from disease and harmful insects; b ) Properly mulch plant beds; c ) Keep the premises free of weeds ; d ) Mow and/or cut the grass to the proper length ; e ) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway ; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards . The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA . In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason , then they shall be replaced by parts of the same grade , size , and specification as provided in the original plans for the project . Furthermore , the Agency agrees to keep litter removed from the project highway . 2 . Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards , the Department, in addition to its right of termination under paragraph 4(a ) , may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency . 3 . It is understood between the parties hereto that any portion of or the entire project 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 the future criteria or planning of the Department . The Agency shall be given notice regarding such removal , relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed . After the 60-day removal period , the Department will become the owner of the unresolved portion of the project , and the Department then may remove, relocate or adjust the project as it deems best , with the Agency being responsible for the cost incurred for the removal of the project. 4 . This LMA may be terminated under any one of the following conditions: a ) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice ; or