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e . When remedial action is required in accordance with the <br /> above requirements, the CITY at its own expense shall <br /> complete all necessary repairs within ninety (90) days <br /> of the date the deficiency is identified. <br /> The CITY shall submit all services logs, inspections and <br /> surveys to the DEPARTMENT Warranty Coordinator as required <br /> in the above maintenance responsibilities. <br /> The DEPARTMENT may, at its sole discretion, perform periodic <br /> inspection of the landscape, decorative pavers and aggregate <br /> pavement to ensure that the CITY is performing its duties <br /> pursuant to this AGREEMENT. The Department shall share with <br /> the CITY its inspection findings, and may use those findings <br /> as the basis of its decisions regarding maintenance <br /> deficiencies, as set forth in Section 4 of this AGREEMENT. <br /> The CITY is responsible for obtaining copies of all <br /> applicable rules, regulations, policies, procedures, <br /> guidelines, and manuals, and the Project Specification and <br /> Special Provisions, as may be amended from time to time. <br /> 4. MAINTENANCE DEFICIENCIES <br /> If at any time it shall come to the attention of the <br /> DEPARTMENT that the CITY' s responsibilities as established <br /> herein are not being properly accomplished pursuant to the <br /> terms of this AGREEMENT, the DEPARTMENT may, at its option, <br /> issue a written notice, in care of the CITY MANAGER, to <br /> notify the CITY of the maintenance deficiencies. From the <br /> date of receipt of the notice, the CITY shall have a period <br /> of thirty (30) calendar days, within which to correct the <br /> cited deficiency or deficiencies. Receipt is determined in <br /> accordance with Section 5 of this AGREEMENT. <br /> If said deficiencies are not corrected within this time <br /> period, the DEPARTMENT may, at its option, proceed as <br /> follows: <br /> a. Maintain the landscape, decorative pavers and aggregate <br /> pavement, or a part thereof and invoice the CITY for <br /> expenses incurred; or <br /> b. Terminate this AGREEMENT in accordance with Section 7, <br /> remove any or all landscape, decorative pavers and <br /> aggregate pavement located within the PROJECT LIMITS, <br /> Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Sunny Isles Beach <br /> Page 6 of 15 <br />