Reso 2004-663 - Laserfiche WebLink

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4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of the CITY MANAGER, 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 deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: \ 4.1. Maintain the median or roadside area declared deficient with DEPARTMENT and/or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from payment to the CITY or 4.2. Terminate this AGREEMENT. 5 . NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.s. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111th Avenue, Room 6214 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To CITY: CITY OF SUNNY ISLES 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 Attention: City Manager 6. LANDSCAPE MODIFICATION It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted at any time in the future as found Memorandum of Agreement Contract No. BD947 Financial Number: 40339317202 3