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22 ATTACHMENT 02
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2014
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041514
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22 ATTACHMENT 02
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8/19/2015 3:38:24 PM
Creation date
4/4/2014 1:01:58 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
4/15/2014
DESTRUCT DATE
15Y
DOCUMENT NO
22 ATTACHMENT 2
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Ralph Osterling Consultants, Inc. <br /> TERMS AND CONDITIONS <br /> The following terms and conditions apply to all oral and written reports and correspondence pertaining <br /> to the consultations, inspections and activities of Ralph Osterling Consultants, Inc. hereinafter referred <br /> to as"ROC". <br /> 1. Any legal description provided to the consultant is assumed to be correct. No responsibility is <br /> assumed for matters legal in character nor is any opinion rendered as to the quality of any title. <br /> 2. It is assumed that any property referred to in any report or in conjunction with any services <br /> performed by ROC, is not in violation of any applicable codes, ordinances, statutes, or other <br /> governmental regulations, and that any titles and ownership to any property are assumed to be good <br /> and marketable. Any existing liens and encumbrances have been disregarded. <br /> 3. Possession of this report or a copy thereof does not imply any right of publication or use for <br /> any purpose,without the express permission of the consultant and the client to whom the report was <br /> issued. Loss, removal or alteration of any part of a report invalidates the entire appraisal/evaluation. <br /> 4. The scope of any report or other correspondence is limited to the trees and conditions <br /> specifically mentioned in those reports and correspondence. ROC and the consultant assume no <br /> liability for the failure of trees or parts of trees, either inspected or otherwise. The consultant assumes <br /> no responsibility to report on the condition of any tree or landscape feature not specifically requested by <br /> the named client. <br /> 5. No tree described in this report was climbed, unless otherwise stated. We cannot take <br /> responsibility for any defects,which could only have been discovered by climbing. A full roots collar <br /> inspection, consisting of excavating the soil around the tree to uncover the root collar and major <br /> buttress roots was not performed unless otherwise stated. We cannot take responsibility for any root <br /> defects,which could only have been discovered by such an inspection. <br /> 6. The consultant shall not be required to provide further documentation, give testimony, be <br /> deposed, or attend court by reason of this appraisal/report unless subsequent contractual <br /> arrangements are made, including payment of additional fees for such services as described by the <br /> consultant or in the fee schedules or contract. <br /> 7. ROC offers no guarantees or warrantees, either expressed or implied, as to the suitability of the <br /> information contained in the reports for any purpose. It remains the responsibility of the client to <br /> determine applicability to his/her particular case. <br /> 8. Any report and the values, observations, and recommendations expressed therein represent the <br /> professional opinion of the consultants, and the fee for services is in no manner contingent upon the <br /> reporting of a specified value nor upon any particular finding to be reported. <br /> 9. Any photographs,diagrams, graphs, sketches, or other graphic material included in any report, <br /> being intended solely as visual aids, are not necessarily to scale and should not be construed as <br /> engineering reports or surveys, unless otherwise noted in the report. Any reproductions of graphs <br /> material or the work produce of any other persons is intended solely for the purpose of clarification and <br /> ease of reference. Inclusion of said information does not constitute a representation by ROC or the <br /> consultant as to the sufficiency or accuracy of that information. <br /> 10. Trees can be managed, but they cannot be controlled. To live near trees is to accept some <br /> degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. <br /> 11. Payment terms are net payable upon receipt of invoice. All balances due beyond 30 days of <br /> invoice date will be charged a service fee of 1.5 percent per month (18.0%APR). All checks returned <br /> for insufficient funds or any other reason will be subject to a$25.00 service fee. Advance payment of <br /> fees may be required in some cases. <br /> Ralph Osterling Consultants,Inc. 113 <br />
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