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<br />FM#424374-1-58-01 <br />Page 7 of 23 <br /> <br />Original Draft: 7/25/2008 <br />Revised: <br /> <br />d.) <br /> <br />If at any time after the LOCAL GOVERNMENT has assumed the <br />landscaping installation or maintenance responsibility above-mentioned, it <br />shall come to the attention of the DEPARTMENT that the PROJECT, as will <br />be designed by the LOCAL GOVERNMENT, or a part thereof is not <br />properly installed or maintained pursuant to the terms of this AGREEMENT, <br />the District Secretary or his designee may issue a written notice that a <br />deficiency or deficiencies exist(s), by sending a certified letter to the LOCAL <br />GOVERNMENT to place said LOCAL GOVERNMENT on notice thereof. <br />Thereafter, the LOCAL GOVERNMENT shall have a period of thirty (30) <br />calendar days within which to correct the cited deficiencies. If said <br />deficiencies are not corrected within this time period, the DEPARTMENT <br />may terminate the AGREEMENT, in which case the LOCAL <br />GOVERNMENT shall at its own expense and within sixty (60) calendar days <br />after written notice by the DEPARTMENT, remove all of the landscaping <br />that the DEPARTMENT directs be removed and return the Right-of-Way to <br />its original condition. The LOCAL GOVERNMENT will own such <br />materials it removes and the DEPARTMENT shall own any materials <br />remaining. When the DEPARTMENT determines that it is reasonably <br />necessary, the DEPARTMENT may remove, relocate or adjust the <br />landscaping materials. <br /> <br />e.) <br /> <br />Prior to commencing the work described herein, the LOCAL <br /> <br /> <br />GOVERNMENT shall request and be issued a Notice to Proceed from the <br /> <br /> <br />DEPARTMENT'S Construction Project Manager listed on page 15. Any <br /> <br /> <br />work performed prior to the issuance of the Notice to Proceed is not subject <br /> <br /> <br />to reimbursement. <br />