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i� 0 outside the landscape developed areas. The AGENCY's responsibility for maintenance shall include all landscape areas and areas covered with interlocking pavers or similar type surfacing (hardseape) in areas outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping therm as free as practicable "roil disease and harmful insects, to properly mulch the plant beds; to Deep the premises free of weeds; to properly prune all plants which includes (1) removing dead or diseased parts of planus, or (2) pruning, such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair sons to cause a :safety hamrd. To maintain also means to keep litter removed from the areas outside the travel way of the right of way line, "eluding sidewalk. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding; repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the: AG NCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained 9a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of AGENCY, to place said AGENCY on notice; thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar (lays within which to correct the cited deficiencies, if said �1 �w outside the landscape developed areas. The AGENCY's responsibility for maintenance shall include all landscape areas and areas covered with interlocking pavers or similar type surfacing (hardseape) in areas outside the travel way to the right of way line, excluding sidewalk, on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping therm as free as practicable "roil disease and harmful insects, to properly mulch the plant beds; to Deep the premises free of weeds; to properly prune all plants which includes (1) removing dead or diseased parts of planus, or (2) pruning, such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair sons to cause a :safety hamrd. To maintain also means to keep litter removed from the areas outside the travel way of the right of way line, "eluding sidewalk. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding; repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the: AG NCY has assumed the landscaping installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of AGENCY, to place said AGENCY on notice; thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar (lays within which to correct the cited deficiencies, if said �1 deficiencies are not corrected within this title period, the Department may at its option,' proceed as follows: , "° w , d Maintain the landscaping or a hart thereof, with Department or contractor's personnel ("} 1 p l�. and invoice the AGENCY for expenses incurred, or t (b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by Department or contractor's personnel, all of the landscaping installed ra udder this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of'such removal. 9