TREE PLANTING AND MAINTENANCE RIGHT OF ACCESS AGREEMENT between MONTGOMERY COUNTY, MARYLAND and
(owner)
This RIGHT OF ACCESS AGREEMENT (“Agreement”), entered into and effective on
, is between Montgomery County, Maryland (“County”) and the Owner of the real property located at
in Montgomery County, Maryland (“Property”) and shown on the map on page 3 of the Agreement (“Map”).
BACKGROUND
The County desires to enter the Property to plant and maintain trees requested by the Owner under the County’s Shade Tree Planting Program (“Program”), implemented by the County through its Department of Environmental Protection. The Owner is willing to allow the County to enter upon the Property to perform certain tree planting and maintenance activities under the terms and conditions below. The sole focus of the Program is to plant and establish shade trees.
MUTUAL AGREEMENTS
The County and the Owner agree as follows:
The County shall have a right to enter onto the Property for the purpose of excavating at the approximate locations identified on the Map and planting, inspecting, watering, fertilizing, pruning, mulching, weeding, staking, and undertaking other activities reasonably necessary to establish trees requested by the Owner under the Program. This Agreement shall include authorization for access by the County and any contractors, subcontractors, inspectors, or any other person authorized by the County to perform tree planting and maintenance activities in connection with the Program (“Agents”).
The excavation activities described in this agreement shall consist of hole-digging limited to the dimensions that the County may, in its reasonable discretion, determine are both reasonable and necessary for proper tree installation.
The County agrees to conduct the tree planting and maintenance activities described in Paragraph 1 without unreasonable interference with or to the Owner’s use of the Property.
In the event that an action by the County or Agents under this Agreement results in damage to the Property, the County shall undertake all reasonable measures to repair or restore the damaged areas of the Property to the condition that existed at the time of the County’s initial entry onto the Property.
This Agreement constitutes the entire agreement between the County and the Owner and may not be amended, altered, or modified except through a written agreement signed by both parties.
This Agreement shall expire
months (Maximium of 30) from the effective date.
Please select one of the options below. These options provide the County with a suitable timeframe for planting, inspection, and aftercare.
If you would like the County to provide aftercare, please select one of the two timeframes below:
30 months: This option allows the County to provide free aftercare during the first two (2) summers.
18 months: This option allows the County to provide free aftercare during the first summer.
If you don't need assistance with aftercare, please select 12 months.
Any and all obligations of the County and the Owner described in this Agreement shall terminate upon expiration of the Agreement.
This form has been approved as to form and legal sufficiency by the Office of the County Attorney. This form may not be modified without the approval of the Office of the County Attorney.
PROPERTY MAP
If you cannot see all of your trees or their labels, zoom in or out, and/or click and drag the map, until the information becomes visible. To go back to the original view, refresh the browser.
SIGNATURE
I am the property owner or the authorized agent of the property owner for the purposes of this agreement. Checking the box signifies my electronic signature and I agree that my electronic signature is the legally binding equivalent to my handwritten signature with the same validity and meaning of my handwritten signature. I will not, at any time in the future, repudiate the meaning of my electronic signature or claim that my electronic signature is not legally binding for any matters relating to or resulting from the approval of this project as a result of this on-line application.
By checking this box and submitting this on-line agreement, I accept the conditions of this agreement and agree to comply with the terms of the Tree Montgomery project access agreement. I hereby declare and affirm under penalty of perjury that all matters and facts set forth in this application are true and correct to the best of my knowledge, information and belief. If any information has been omitted or is incorrect or inaccurate, my request is subject to removal from the Tree Montgomery Program.
Please select the checkbox and enter your signature below before clicking the Agree and Submit button.
By checking this check box, I
*sign this application.
