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It is understood between the parties hereto that the landscaping covered by this <br />AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at an-' <br />time in the future as determined to be necessary by the DEPARTMENT in order that the <br />state road be widened, altered or otherwise changed to meet with future criteria`or <br />planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days <br />notice to remove said landscaping/hardscape after which time the Department may remove <br />the same. <br />7. AGENCY may utilize its employees or third parties to accomplish its obligations under <br />paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance <br />under this AGREEMENT and shall. take all steps necessary to ensure that its employees <br />or third parties perform as required under this AGREEMENT. <br />8. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph <br />9 of this AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of <br />$ 6� ot7D =° or So % of the-cost of such installation, whichever is less, as a <br />grant pursuant to Section 339.2405(l 1), Florida Statutes. For purposes of this provision <br />the cost of such installation may only include costs which are allowed by Section <br />339.2405(l 1), Florida Statutes. <br />9. Payment shall be made to the AGENCY by the DEPARTMENT under the following" <br />conditions: <br />a. This AGREEMENT has not been terminated . pursuant paragraph 4; <br />b. The grant award has not lapsed under paragraph 11; <br />C. Written certification of the completion of the installation and acceptance by the <br />AGENCY is provided to the DEPARTMENT; <br />d. The Highway Beautification Council has inspected and issued written approval of <br />the work or has issued a written waiver of its inspection rights under this <br />AGREEMENT; and . <br />e. A DEPARTMENT Landscape Architect has inspected the work and has issued a <br />written determination that the AGENCY has completed the installation of the <br />landscaping described in the attached Highway Landscape Construction and <br />Maintenance Memorandum of Agreement in accordance with the terms of that <br />Memorandum of Agreement. <br />10. Payment under paragraph 9 of this AGREEMENT is also subject to the following <br />conditions: <br />