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40 <br />40 <br />®1 <br />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 />j 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 />JIL <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 Project 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.AII landscaping shall be developedand implementedin accordancewith 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 />