Native Trees Clause Samples

Native Trees. In lieu of preparing a Tree Survey per Charlotte County Land Development Regulations Section 3-9-100.3(d)(2)(a), Buyer will prepare four (4), one (1) acre representative sampling areas on the Property. County shall have the right to approve the location of the sampling areas. Species and caliper of each tree within each sampling area will be identified. An average density and caliper size will be calculated using all four (4) sampling areas. The calculated average density and caliper size will then be applied to all areas that are proposed to be cleared within the Property. Buyer shall be responsible for cost of removing native trees at one (1) dollar per caliper inch “Clearing Cost” that is proposed to be cleared. Buyer shall receive credits equal to the cost of landscaping improvements made as part of the Public Infrastructure Improvements (“Tree Credits”), including but not limited to shrubs, trees, ground cover and irrigation. Tree Credits may be applied only within the Property to offset Clearing Costs incurred on the remainder of the Property provided that credits remain if any have been applied to offset Heritage Costs as defined below. Tree Credits unused at build out of the Property shall not be used outside the Property, and County shall have no obligation to reimburse Buyer for any unused value. Heritage trees are expressly excluded from the terms of this section except as described in Section 16.B. below.
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Native Trees. The indigenous conifer and broadleaf trees present on the Harbor Point Golf Course Property when Golf Northwest began development.
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