Reso13 PC 13-09 2859 Initial Study Mitigated Negative Declaration Kensington

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Ralph Osterling Consultants, lnc. TERMS AND CONDITIONS The following terms and conditions apply#o al� oral and written reports and oorrespondence pertaining to the oonsultations, inspections and acti�ities of Ralph Osterling Consultants, Inc. hereinafter refeTred to as "Consultan#". 1. Any legal description pro�ided to #F�e Consultant is assumed to be oorrect. No responsibifify is assumed for mat�ers legal in character nor is any apinion rendered as #o tne �uality of any title. 2. It is assumed tF�at any�roperty referred to in any report or in conjunction with any services perFormed by the Consultant, �s not in violation of any applicable codes, ordinances, statutes, or other govemmental regulations, and that any tit�es and ownership to any property are assumed tfl be gaod and marketable. Any existing liens and encumbrances have been disregarded. 3. Possession of this report or a capy thereof daes not imply any right of publication or use for any purpose, without the express permission of ti�e Consultant and the CGent to whom the report was issued. Loss, removal or alteration of any part of a report invalidates the entire appraisallevaluation. 4. The scope of any report or other oorrespondence is limited to the trees and conditions specifically mentioned in those r�ports and carrespondence. The Consultant assumes no liability for tf�e failure of trees or parts of�rees, either inspected or otherwise. The Cons�ltant assumes no responsibility to report an the condition of any tree or landscape feature not specifically requested by the named client. 5. No tree described in this report was climbed, unless otherwise stated. The Co�s�ltant cannot take responsibility for any defects, which could only ha�e been disoovered by climbing. A fuli root crown examination (RCX), consistir�g of excavating the soil araund fhe tree to uncover the root crown and major buttress roots was not perfarmed unless otherwise stated. We cannot take responsibility for any root defects, which oould only ha�e been disoovered by such an inspection. fi. The Consultant shall nat be required #o provide further documentation, gi�e testimony, be deposed, or attend oourt by reason of this appraisallreport unless subsequent con#ractual arrangements are made, including payment of additional fees for such services as described by the consultant or in the fee schedules or contract. 7. The Consultant ofFers no guarantees or warran#ees, eifher expressed or implied, as to the suitability ot the informatian contained in the reports for any purpose. It remains the responsibiliiy of the client to deterrnine applicability to his/her particular case. 8. Any report and the values, observations, and recommendations expressed thereir� represent the professiona! opinion of the Consultant, and the fee for services is ir� no manner oontingen# upan the reparting of a specified �alue nar upon any particular finding ta �e reported. 9. Any photographs, diagrams, graphs, sketches, or other graphic material included in any report, being intended salely as visual aids, are not necessarily to scale a�d should not be construed as engineering reports or surveys, unless otherwise noted in the report. Any reproductions of graphs material or the work produce of any ather perso�s is intended solely for the purpose ofi clarification and ease of reference. Inclusion of said information does nat constitute a representation by the Consultant as to the sufficiency or accuracy of that information. 10, Trees can be managed, but they cannot be cantrolled. To live near trees is to accept some degree of risk. The only way to efiminate all risk associated with trees is to eliminate all trees. 'I 1. Payment terms are net payable upon receipt of invoice. All balances due beyond 30 days of invoice date will be charged a serv�ce fee of 1.5 �ercent per month {1 SA%APR). Alf checks returned for insufficient funds or ar�y other reason will be subject to a $25.00 ser►rice fee. Advance payment of fees may be required in some cases. �i��"��Jp��..�f��'�i��1ti, u. l3`r ��n°iaR'.d"� ^�x �"µ�w.;� � ..