Common use of Tree Planting Clause in Contracts

Tree Planting. No additional trees may be removed from the Drip Field Facilities. Upon completion of the Drip Field Facilities, Meritage shall replant trees on the Property to replace any trees removed during the development of the Drip Field Facilities. The total number of replacement trees shall be based on the aggregate Caliper Inches of the trees removed. For purposes of this Agreement, "Caliper Inches" shall be defined as the diameter of a tree trunk measured at six (6) inches above ground level for trees up to four (4) inches in diameter, and at twelve (12) inches above ground level for trees larger than four (4) inches in diameter. Meritage shall replant trees whose combined Caliper Inches match or exceed the total Caliper Inches of the trees removed, as established in the Overall Tree Protection Plan survey prepared by ▇▇▇▇▇▇ & Associates, dated February 8, 2019, and attached for convenience hereto as Exhibit B. Replanting must occur within sixty (60) days of the completion of the Drip Field Facilities unless otherwise extended by written agreement with the City. The replacement trees’ species and locations must be approved by the City to ensure compliance with applicable local ordinances and tree preservation regulations. The obligations of this section shall expressly survive the Termination date.

Appears in 2 contracts

Sources: License Agreement, License Agreement

Tree Planting. No additional protected trees (as defined in the most recently adopted tree preservation and landscape ordinance) may be removed from the Drip Field FacilitiesFacilities unless approved by the City If any additional trees are removed with written approval of the City, the inches to be replanted will be 1 to 1 for standard trees and 3 to 1 for heritage trees, as defined the in the most recently adopted tree preservation and landscaping ordinance. Upon completion of the Drip Field Facilities, and in recognition of the measures Meritage is taking to ensure no further trees will need to be removed, Meritage shall replant trees on the Property to replace any trees removed during the development equivalent of the Drip Field Facilities. The total number 78 Caliper Inches of replacement trees shall be based on or other vegetation of species and at locations approved by the aggregate Caliper Inches of the trees removedCity. For purposes of this Agreement, "Caliper Inches" shall be defined as the diameter of a tree trunk measured at six (6) inches above ground level for trees up to four (4) inches in diameter, and at twelve (12) inches above ground level for trees larger than four (4) inches in diameter. Meritage shall replant trees whose combined Caliper Inches match or exceed the total Caliper Inches of the trees removed, as established in the Overall Tree Protection Plan survey prepared by ▇▇▇▇▇▇ & Associates, dated February 8, 2019, and attached for convenience hereto as Exhibit B. Replanting must occur within sixty (60) days of the completion of the Drip Field Facilities unless otherwise extended by written agreement with the City. The replacement trees’ species and locations must be approved by the City to ensure compliance with applicable local ordinances and tree preservation regulations. The obligations of this section shall expressly survive the Termination date.

Appears in 1 contract

Sources: License Agreement