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terms of this Agreement, said District Secretary may at his option issue a written notice that a <br /> deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY,to place said <br /> AGENCY.on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) <br /> calendar days within which to correct the cited deficiencies. If said deficiencies are not <br /> corrected within this time period,the DEPARTMENT may at its option,proceed as follows: <br /> (a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's <br /> personnel 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 <br /> landscape/hardscape installed under this Agreement or any preceding agreements <br /> except as to trees and palms and charge the AGENCY the reasonable cost of such <br /> removal. <br /> 4. It is understood between the parties hereto that the landscape covered by this Agreement may <br /> be removed,relocated or adjusted at any time in the future as determined to be necessary by <br /> the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise <br /> changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY <br /> shall be given sixty(60) calendar days notice to remove said landscape after which time the <br /> DEPARTMENT may remove same. All permits (including tree permits), fees, and any <br /> mitigation associated with the removal,relocation or adjustments of these improvements are <br /> the maintaining AGENCY'S responsibility. <br /> 5. The DEPARTMENT agrees to enter into a contract for the installation of landscape Project <br /> for an amount not to exceed S 394,942.00 as defined in Exhibit C. <br /> The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited <br /> to only those items which are directlyrelated to this Project. The AGENCY shall be invited <br /> to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day <br /> warranty and establishment period. <br /> 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the <br /> Project, should the landscape/hardscape areas fail to be maintained in accordance with the <br /> terms and conditions of this Agreement. <br /> 7. This Agreement may be terminated under any one (1) of the following conditions: <br /> (a) By the DEPARTMENT,if the AGENCY fails to perform its duties under Paragraph <br /> 3, 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 />