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This bond lets a commercial project in Cherokee County move to close out while the trees on the approved site plan are still establishing. Instead of leaving cash or a certificate of deposit with the County, the developer pays a premium and files a surety bond on the County's own form, and the bond is released once the County signs off on the tree punchlist.
The Cherokee County Commercial Tree Maintenance Bond is posted by the developer of a commercial project, not by a tree service company. It guarantees that the trees shown on the approved site plan are maintained and accepted by the County. The bond runs for at least 15 months and is released only when the County issues a written punchlist determination and a release letter. Cherokee County is the obligee.
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Many people assume this is a license bond for arborists or tree trimming companies. It is not. The Cherokee County Engineering Department form names the project developer as principal and Cherokee County as obligee. It covers the trees required on an approved commercial site plan, installed under the Cherokee County Zoning Ordinance, the Code of Ordinances and the Development Ordinance in force when the plan was approved.
The form calls for a term of at least 15 months after the Final Plat is recorded. It stays in effect until the later of two events: the County's written determination that the tree punchlist items are complete, or the County's release letter. The failure condition is tied to a second date. If the County has not accepted the trees within 15 months after the Certificate of Occupancy is issued, the developer is in default. Plan the bond term around whichever of those dates comes later.
If the developer does not maintain the trees, the surety must begin performance within 30 days of written notice from the County, and its method of performance needs the County's advance written approval. The principal and surety also indemnify the County for losses, claims, costs and fees caused by the default.
The form leaves the penal sum blank. The County sets it for each project, so get the figure from Engineering before you apply. The County also publishes a Tree Assignment of Certificate of Deposit form and a cash guarantee option for subdivisions, which is why a surety bond is attractive: it keeps cash free for the project.
No. The County form names the project developer as principal. It guarantees maintenance of the trees on an approved commercial site plan, not the licensing of a tree care business.
The County form leaves the amount blank and fills it in for each project. Ask Cherokee County Engineering for your project's figure before applying.
It runs at least 15 months after the Final Plat is recorded and stays in force until the County issues a written punchlist determination and a release letter. If the trees are not accepted within 15 months after the Certificate of Occupancy, the County treats it as a failure of performance.
After written notice from the County, the surety must begin performance within 30 days, using a method the County approves in writing in advance.
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