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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 deficienciesexist(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 landscapingor a part thereof, with Departmentor 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 />