10-2192 Maintenance of Landscaping/Infrastructure Improvements for SR 436-Red Bug Flyover

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FM #419369-1-58-01/02 2. All maintenance activities undertaken by CITY shall be pursuant to the approved Work Zone Traffic Control Plan(s) included as Exhibit "D", if the DEPARTMENT Design Standards Index Series 600 is not applicable, and Rule 14-40,003, Florida Administrative Code, 3. If at any time after the CITY has assumed the maintenance responsibility above- mentioned, it shall come to the attention of the DEPARTMENT that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, the District Secretary or a designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY to place said CITY on notice thereof. Thereafter the CITY 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: a. If maintenance by CITY is not in compliance with paragraphs 1 or 2, the DEPARTMENT may take action to maintain the Improvements or a part thereof, with DEPARTMENT or Contractor's personnel, and invoice the CITY for expenses incurred, or b. The DEPARTMENT may terminate the Agreement, in which case the CITY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the Improvements that the DEPARTMENT directs be removed and return the right-of-way to its original condition, The CITY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping and hardscaping materials, with the CITY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, the CITY shall cease maintenance activities under this Agreement, 4. It is understood between the parties hereto that the Improvements or a part thereof, covered by this Agreement may be removed, relocated or adjusted by the DEPARTMENT at any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60) calendar days notice to remove said improvements after which time the DEPARTMENT may remove the same. The CITY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, the CITY remains responsible for proper performance under this Agreement and shall take all steps necessary to ensure that its employees or third pat -ties perform as required under this Agreement. 7. The term of this Agreement commences upon execution.