9068-19 - City Tree Lawn Planting Program

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"OPT -IN" AGREEMENT FOR PLANTING OF TREES ON PRIVATE PROPERTY BY THE CITY OF LAKEWOOD This Agreement is made on the day of , by and between the City of Lakewood ( "City ") and ( "Owner "). 1. PURPOSE: The City has developed a program whereby the City has agreed to plant a tree on private property (front yard location only) in order to improve and increase the City's urban tree canopy cover. Owner's property does not have the minimum required tree lawn space within which to plant a tree. Therefore, Owner's property has been identified as a location on which to plant a tree so that mutual ecological benefits can be delivered to both the City and Owner. 2. TERMS AND CONDITIONS: The City and the Owner agree to the following terms and conditions: A. The City will plant, free of charge, an appropriate urban shade tree as designated by the City at the following property address: B. The City will not plant a tree on private property within 5 feet of any public sidewalk to allow for adequate root space and no further than 10 feet from the public sidewalk UNLESS overhead utilities warrant a tree to be planted farther back from the sidewalk. Owner may designate planting site in coordination with City within these parameters. C. The City shall have the sole discretion to decide the date and the planting season in which the tree will be planted and the selection of shade tree species. Owner may choose tree species to be planted from a group of City- approved tree selections. Small and /or ornamental trees are excluded from this private property planting program. D. The City agrees to replace, free of charge, any tree that becomes damaged, diseased or dies within the one -year warranty period from the date of planting. E. The owner will provide adequate watering of tree during the one -year warranty period and within its first two years after planting to help establish the tree root system and optimum growth rate. If a tree dies from lack of water, it will not be replaced. F. The City will install deer protection around the tree trunk if the planting location is within the deer protection zones of the City or known by the City to have had deer damage to trees. Deer protection should remain on the tree for a minimum of five years until the tree has developed a more substantial trunk to withstand deer antler rubbing. G. After one year, the City will remove the stakes installed from tree and the Owner will have the obligation to maintain the tree from that point forward. Maintenance includes but is not limited to (1) pruning the tree so that branches and leaves do not obstruct the public way, and (2) removing hazardous conditions to prevent injury to the public.