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<br />accomplished pursuant to the terms of this Agreement, said DISTRICT <br />MAINTENANCE ENGINEER may, at his option, issue a written notice in care of <br />the CITY MANAGER, to place said CITY on notice thereof. Thereafter, the CITY <br />shall have a period of thirty (30) calendar days within which to correct the cited <br />deficiency or deficiencies. If said deficiencies are not corrected within this time <br />period the DEPARTMENT may, at its option, proceed as follows: <br /> <br />4.1. Maintain the median or roadside area(s) declared deficient with <br />DEPARTMENT and/or a Contractor's material, equipment and personnel. <br />The actual cost for such work will be deducted from the DEPARTMENT'S <br />affected quarterly payment to the CITY; or <br /> <br />4.2. Terminate this Agreement. <br /> <br />5. NOTICES <br /> <br />All notices, requests, demands, consents, approvals, and other communication <br />which are required to be served or given hereunder, shall be in writing and shall <br />be sent by registered mail or certified U.S. mail, return receipt requested, <br />postage prepaid, addressed to the party to receive such notices as follows: <br /> <br />To DEPARTMENT: <br /> <br />Florida Department of Transportation <br />1000 Northwest 111th Avenue, Room 6205-B <br />Miami, Florida 33172-5800 <br />Attention: District Maintenance Engineer <br /> <br />To CITY: <br /> <br />Mr. John Szerlag <br />City Manager <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br /> <br />6. LANDSCAPE MODIFICATION <br /> <br />It is understood between the parties hereto that the landscaping covered by this <br />Agreement may be removed, relocated or adjusted at any time in the future as <br />found necessary by the DEPARTMENT in order that the adjacent state road be <br />widened, altered or otherwise changed and maintained to meet with future <br />criteria or planning of the DEPARTMENT. <br /> <br />7. FINANCIAL PROVISIONS <br /> <br />7.1 The total maximum appropriation of this Agreement is SEVEN THOUSAND <br />FIFTY THREE DOLLARS AND TWELVE CENTS ($7,053.12) per year. Eligible <br /> <br />Contract Number: AP581 <br />Financial Project Number: 40339317801 <br /> <br />Page 3 of 11 <br />