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maintain also means keeping the header curbs that contain the surfacing treatment in optimum condition. To maintain also means keeping the hardscape areas free from weeds and repairing said hardscape as is necessary to prevent a safety hazard . To maintain also means keeping litter removed from the median and areas outside the travel way to the right of way line . If it becomes necessary to provide utilities (water/electricity) to the medians or areas outside the travelway for these improvements , all costs associated with the utilities associated with accent lighting and /or irrigation including, but not limited to the impact and connection fees, and the on- going cost of utility usage for water and electrical , are the maintaining AGENCY ' S responsibility. (a) The AGENCY shall become responsible for the above named utility costs upon final acceptance of the construction project by the DEPARTMENT and thereafter. The construction project is accepted prior to the start of the Plant Establishment and Contractor ' s Warranty Period . Or (b) The AGENCY shall be responsible for the maintenance of all plant material and / or irrigation after the completion of the Plant Establishment and Contractor' s Warranty Period, and all other improvements immediately after final acceptance of the construction project by the Department. The above named functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of 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 . The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape improvement areas fail to be maintained in accordance with the terms and conditions of the Agreement . 3 . If at any time after the . AGENCY has assumed the landscape improvement areas 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 AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies . If said deficiencies are not corrected within this time period , the DEPARTMENT may at its option, proceed as follows : Y z Page 3