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specifically set out as follows: <br /> To maintain, which means the proper watering and fertilization of all plants and keeping <br /> them as free as practicable from disease and harmful insects; to properly mulch the plant <br /> beds;to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to <br /> properly prune all plants which includes(1)removing dead or diseased parts of plants,or(2) <br /> pruning such parts thereof which present a visual hazard for those using the roadway. To <br /> maintain also means removing or replacing dead or diseased plants in their entirety, or <br /> removing or replacing those that fall below original project standards. All plants removed <br /> for whatever reason shall be replaced by plants of the same size and grade as specified in the <br /> original plans and specifications. To maintain also means to keep the hardscape areas free <br /> from weeds and replacement of any areas becoming in disrepair so as to cause a safety <br /> hazard. To maintain also means to keep litter removed from the median and areas outside <br /> the travel way of the right of way line. Plants shall be those items which would be <br /> scientifically classified as plants and include but are not limited to trees, grass, or shrubs. <br /> The above named functions to be performed by the AGENCY, shall be subject to periodic <br /> inspections by the Department. Such inspection findings will be shared with the AGENCY and <br /> shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The <br /> AGENCY shall not change or deviate from said plans without written approval of the Department. <br /> 3. If at any time after the AGENCY has assumed the landscaping installation and/or <br /> maintenance responsibility above-mentioned, it shall come to the attention of the <br /> Department's District Secretary that the limits or a part thereof is not properly maintained <br /> pursuant to the terms of this Agreement, said District Secretary may at his option issue a <br /> written notice that a deficiency or deficiencies exist(s),by sending a certified letter to the of <br /> AGENCY,to place said AGENCY on notice thereof. Thereafter the AGENCY shall have <br /> a period of thirty (30) calendar days within which to correct the cited deficiencies. If said <br /> deficiencies are not corrected within this time period, the Department may at its option, <br /> proceed as follows: <br /> (a) Maintain the landscaping or a part thereof,with Department or contractor's personnel <br /> 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 landscaping installed <br /> under this Agreement or any preceding agreements except as to trees and palms and <br /> charge the AGENCY the reasonable cost of such removal. <br /> 4. It is understood between the parties hereto that the landscaping covered by this Agreement <br /> may be removed, relocated or adjusted at any time in the future as determined to be <br /> necessary by the Department in order that the adjacent state road be widened, altered or <br /> otherwise changed to meet with future criteria or planning of the Department. The <br /> 2 <br />