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outside the landscape developed areas. The AGENCY's responsibility for maintenance shall <br /> include all landscape areas and areas covered with interlocking pavers or similar type <br /> surfacing(hardscape)in areas outside the travel way to the right of way line,excluding <br /> sidewalk,on Department of Transportation right-of-way within the limits of the Project. <br /> Such maintenance to be provided by the AGENCY is 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 fixe of weeds;to properly prune all planta which includes(1) <br /> removing dead or diseased parts of plants,or(2)pruning such parts thereof which present <br /> a visual hazard for those using the roadway. To maintain also mans removing or replacing <br /> dead or diseased plants in their entirety, or removing or replacing those that fall below <br /> original project standards. All plants removed for whatever rmwn shall be replaced by <br /> plants of the acme size and grade as specified in the original plans and specifications. To <br /> maintain also mems to keep the hardacape arena free from weeds and replacement of any <br /> areas becoming in disrepair so as to c"a safety harard To maintain also means to keep <br /> litter removed Som the areas outside the travel way of the right of way line,excluding <br /> sidewalk. Plants shall be those items which would be scientifically classified as plants and <br /> 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 shall <br /> be the basis of all decisions regarding repayment, reworking or agreement termination. The <br /> AGENCY shall not change or deviate from said plana without written approval of the Department. <br /> 3. If at any time aft the AGENCY has assumed the landscaping installation and/or <br /> maintenance responsibility abovamentioned, it shall come to the attention of the <br /> Department's District Secretary that the limits gr a pan thereof is not properly maintained <br /> `— j=—pUTtb-tlie UtW f this" kind Disttl`ctSecntiry may at his option ii:<re 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 we not corrected within this time period,the Departteat may at its option, <br /> proceed as follows: <br /> (a) Maiabin the Lmdsaping or a past thereof.with Department or contractor's personnel <br /> and invoice the AGENCY for expenses incumxk 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 my preoeding agr MMU C=0 as to Mees and Palm and <br /> charge the AGENCY the rmsonable cost of such removal. <br /> 2 <br />