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AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after <br /> which time the Department may remove same. <br /> 5. The Department agrees to enter into a contract for the installation of landscape project for <br /> an amount not to exceed $ 170,000 as defined in Attachment "C". <br /> The Department's participation in the project cost,as described in Attachment"C"is limited to only <br /> those items which are directly related to this project. The agencies landscape architect or designee <br /> shall assist the Department in final inspection and provide written acceptance of the Project. <br /> 6. The AGENCY agrees to reimburse the Department all monies expended for the project, <br /> should the landscaped area fail to be maintained in accordance with the terms and conditions <br /> of this Agreement. <br /> 7. This Agreement may be terminated under any one of the following conditions: <br /> (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 2, <br /> following ten(10) days written notice. <br /> (b) By the Department, for refusal by the AGENCY to allow public access to all <br /> documents,papers,letters,or other material subject to the provisions of Chapter 119, <br /> Florida Statutes, and made or received by the AGENCY in conjunction with this <br /> Agreement. <br /> 8. The term of this Agreement commences upon execution. <br /> 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the <br /> Department,its officers and employees from all suits,actions,claims and liability arising out <br /> of the AGENCY's negligent performance of the work under this agreement, or due to the <br /> failure of the AGENCY to maintain the Proj ect in conformance with the standards described <br /> in Section 2 of this Agreement. <br /> 10. The AGENCY may construct additional landscaping within the limits of the rights-of-ways <br /> identified as a result of this document, subject to the following conditions: <br /> A. Plans for any new landscaping shall be subject to approval by the Department. The <br /> AGENCY shall not change or deviate from said plans without written approval by the <br /> Department. <br /> B.All landscaping shall be developed and implemented in accordance with the current Florida <br /> of Department of Transportation Roadway and Traffic Design Standard index 546, <br /> C. Clear zone/horizontal clearance as specified in the Plans Preparation Manual- Metric <br /> 3 <br />