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A TRUE COPY <br /> CERTIFICATION ON LAST PAGE <br /> J . R . SMITH , CLERK <br /> DEPARTMENT. <br /> 3 . If at any time after the AGENCY has undertaken the installation of the landscape and /or <br /> other improvements and/or maintenance responsibility mentioned above, it shall come to <br /> the attention of the DEPARTMENT' S District Secretary that the limits or a part thereof <br /> is not properly maintained pursuant to the terms of this Agreement, said District <br /> Secretary, may at his option, issue a written notice that a deficiency or deficiencies <br /> exist(s), by sending a certified letter to the AGENCY, to place said AGENCY on notice <br /> thereof. Thereafter, the AGENCY shall have a period of thirty (30) calendar days within <br /> which to correct the cited deficiencies. If said deficiencies are not corrected within this <br /> time period, the DEPARTMENT may, at its option, proceed as follows: <br /> (a) Complete the installation, or part thereof, with DEPARTMENT or Contractor' s <br /> personnel and, deduct the cost of such work from the final payment for said work <br /> or part thereof, or <br /> (b) Maintain the improvements . or a part thereof, with DEPARTMENT or <br /> Contractor' s personnel and invoice the AGENCY for the reasonable cost of such <br /> expenses incurred, or , <br /> (c) Terminate this Agreement in accordance with Paragraph 6 of this Agreement, and <br /> remove, by DEPARTMENT or. private Contractor' s personnel, all of the <br /> landscape improvements , installed under this Agreement or any preceding <br /> Agreements except as to trees and palms and charge the AGENCY the reasonable <br /> cost of such removal. <br /> 4. It is understood between the parties hereto that the improvements covered by this <br /> Agreement may be removed, relocated, or adjusted at any time in the future, as <br /> determined to be necessary by the DEPARTMENT in order that the adjacent state road <br /> be widened, altered, or otherwise changed to meet with future criteria or planning of the <br /> DEPARTMENT. The AGENCY shall be given sixty (60) calendar days ' notice to <br /> remove said improvements after which time the DEPARTMENT may remove same. All <br /> permits (including tree permits), fees, and any mitigation associated with the removal, <br /> relocation or adjustments of these improvements are the maintaining AGENCY <br /> responsibility. <br /> 5 . THE AGENCY at its own expense and by permit shall install the landscape <br /> improvements described in Exhibit B . The DEPARTMENT shall be invited to assist the <br /> AGENCY in final inspections before acceptance of the job by the AGENCY. The <br /> DEPARTMENT shall approve the job provided it complies with the permit. <br /> 5 <br />