Parkway Trees Clause Samples

Parkway Trees. Applicant shall pay to the City for parkway tree planting the amount required by City Code (“Tree Planting Fee”). Following the payment of the Tree Planting Fee for the applicable Development Phase, Applicant shall have the right, but not the obligation, to carry out the planting of parkway trees in such portions of the Development Phase as Applicant may from time to time determine appropriate for marketing. Such parkway tree planting from time to time carried out by Applicant shall be subject to the prior approval by the City Public Works Director, which approval shall not be unreasonably delayed or denied. All such parkway trees planted by Applicant shall comply with the City requirements therefor as to size, species and minimum spacing. The City reserves the right to specify the species to be planted in accordance with the City’s approved species list. The City reserves the right to inspect and approve nursery stock prior to delivery to development site. All parkway trees planted by Applicant shall be guaranteed and maintained by Applicant for a period of two (2) years following the date of planting. Within thirty (30) days following the expiration of the applicable two (2) year guarantee and maintenance period for parkway trees from time to time planted by Applicant, and provided Applicant has complied with its obligations as provided herein regarding said parkway trees, the City shall reimburse to Applicant the allocable amount of the Tree Planting Fee previously paid by Applicant pertaining to such parkway trees planted by Applicant.
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