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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page EXHIBIT " L " LANDSCAPE MAINTENANCE AGREEMENT ( LMA) Paragraph 13 . 14 is expanded by the following : The Department and the Agency agree as follows : 1 . Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA , the Agency shall , at all times , maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines , standards , and procedures hereinafter called " Project Standards . " Specifically, the Agency agrees to : a ) Properly water and fertilize all plants , keeping them as free as practicable from disease and harmful insects ; b ) Properly mulch plant beds ; c) Keep the premises free of weeds ; d ) Mow and /or cut the grass to the proper length ; e ) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards . The Agency agrees to repair , remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency' s failure to maintain the same in accordance with the provisions of this LMA . In the event any part or parts of the project , including plants , has to be removed and replaced for whatever reason , then they shall be replaced by parts of the same grade , size , and specification as provided in the original plans for the project . Furthermore , the Agency agrees to keep litter removed from the project highway . 2 . Maintenance of the project shall be subject to periodic inspections by the Department . In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards , the Department , in addition to its right of termination under paragraph 4 ( a ) , may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency . 3 . It is understood between the parties hereto that any portion of or the entire project may be removed , relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened , altered or otherwise changed to meet with the future criteria or planning of the Department . The Agency shall be given notice regarding such removal , relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost . The Agency will own that part of the project it removed . After the 60-day removal period , the Department will become the owner of the unresolved portion of the project , and the Department then may remove , relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project . 4 . This LMA may be terminated under any one of the following conditions : a ) By the Department , if the Agency fails to perform its duties under this LMA following 15 days ' written notice ; or