ST9902-ES100428April 28, 2010
Mr. Kenneth M. Griffin, P.E.
Director of Engineering /Public Works
City of Coppell
PO Box 9478
Coppell, Texas 75019
Re: W. Sandy Lake Road Reconstruction
ST 99 -02
Parcel 3 — 250 W. Sandy Lake Road
Permanent Right of Way
Dear Mr. Griffin:
We acknowledge receipt of an offer of $59,947.17 for the 2257 square feet
outlined in your proposal and we also appreciate your personal involvement
in an effort to bring reasonable closure to this issue.
The only outstanding issue appears to be what I believe is the value of my
trees vs. what the city believes the value to be. In an effort to resolve this
last point I have enclosed the "Replacement Cost Report" prepared by Mr.
Glenn Jennings, Certified Arborist, with Horticultural Asset Management,
Inc. of Cary, North Carolina. Within this report Mr. Jennings details every
individual tree by location, size and replacement cost. Glaring differences
are the following:
1) he estimated a total of 146 caliper inches vs. the city estimate of 138
caliper inches
2) his total estimated value was $110,826 vs. the city estimate of
$13,800
Hopefully after reviewing the enclosed documents the city will recognize
that if identical trees to mine were to be purchased and planted at any park
in Coppell the true cost would be closer to his stated value than that of the
city. However to show our good faith we propose the following
compensation as outlined below:
• Acquisition of Permanent Right of Way $ 25,391.25
• Tree Mitigation $ 86,400.00
• Landscape & Fence Allowance $ 20,755.92
Total: $ 132, 547.17
In addition to the compensation listed above:
• Any and all attorney's fees associated with this case
• All expenses eligible for reimbursement which may include recording
fees, transfer fees and similar expenses incidental to conveying the
real property to the city
• All penalty costs for prepayment for any preexisting recorded
mortgage entered into in good faith encumbering the real property
Respectfully submitted,
Bill E. Mills, Jr. Rebecca S. Mills
250 West Sandy Lake Road 250 West Sandy Lake Road
Coppell, Texas 75019 Coppell, Texas 75019
Enclosure: Replacement Cost Report
treeFacts @)
R E P O R T
REPLACEMENT COST REPORT
Prepared for
250 W. Sandy Lake Road
Coppell, TX 75019
Inspected by
Glenn Jennings - Certified Arborist
1148 Whistle Stop Drive
Saginaw, TX 76131
Reference 2020
to
HMI Protecting green assets
is the root of our business ° -
0
HM[
09/02/2009
Bill Mills
250 W. Sandy Lake Road
Coppell, TX 75019
Dear Bill:
Protecting green assets
is the root of our business-
Horticultural Asset Management, Inc. (HMI), the nation's leading provider of standardized
replacement costs of trees and shrubs, is pleased to provide you with the enclosed treeFacts®
Report. Specific details on the method HMI used to calculate the replacement costs of the trees
and shrubs on the property are described in the Report.
We hope that you find the Report to be an important documentation of these valuable assets.
If you have any questions about the information in the Report, please contact HMI's customer
service department at (866) 937 -6468 or send an email to info @hmiadvantage.com.
By accepting the Report you agree and accept all of the terms and conditions set forth therein.
Sincerely,��
Horticultural Asset Management, Inc.
President, CEO
Enclosure
107 Edinburgh South Drive, Suite 205 1 Cary, NC 27511 919.460.5445 HMladvantage.com
treeFacts @
This treeFacts Replacement Cost Report, provided by Horticultural Asset Management, Inc.
(HMI), includes an inventory and the replacement costs of the trees and shrubs (trees) on your
property. That information, along with the specific type, size and location of the trees on your
property, provides you with important documentation and will greatly assist you in managing
these valuable assets.
We hope you will take a moment to read the Standardized Replacement Cost Calculation page
of your Report. It provides you with specific details on the method employed by HMI to ensure
your information is accurate and in keeping with established industry standards.
You will use this Report to help establish the replacement costs of these important assets
for insurance, legal or other purposes and we hope you find it informative and helpful. If you
have any questions or if you would like to speak with your HMI assessor regarding a follow -up
evaluation, please contact HMI's customer service department at (866) 937 -6468 or send an
email to info @hmiadvantage.com.
HMI
REPORT DEFINITIONS
Asset ID #: Unique number assigned to each tree or group of trees.
Scientific / Indicates the scientific and common name of the actual tree inspected. When 'Reflects replacement cost for
Common Name: [Scientific Name of Tree]" appears in this column, HMI has used the replacement cost for a tree that is functionally
similar to the one currently in your landscape because adequate wholesale pricing data is not currently available
for your actual tree. (See the Standardized Replacement Cost Calculation page of this report for a more detailed
explanation.)
Location: Code that indicates each tree's location on your property. Refer to map below. In some instances, your assessor
may use a non - standard location code. Please contact your assessor if you need his/her code descriptions.
Measured By: The American Standard for Nursery Stock dictates how a particular tree is to be measured. H/S is Height/Spread
(in feet). DBH is trunk Diameter at Breast Height (in inches).
Size: Actual size at inspection date. When a t appears, the tree is a multi- stemmed form of a typically single- stemmed
tree. The diameter reported represents the single stem equivalent.
Qty: Number of trees associated with each Asset ID number.
CRC: Current Replacement Cost (CRC) provides the average cost to acquire and professionally install a tree of the
same or functionally similar type and size as the tree inspected. The CRC reported is the value of a single tree
multiplied by the quantity.
FC.
FRONT CENTER
FL
FRONT LEFT
FR
FRONT RIGHT
FCF
FRONT CENTER FOUNDATION
FLF
FRONT LEFT FOUNDATION
FRF
FRONT RIGHT FOUNDATION
BC
BACK CENTER
BL
BACK LEFT
BR
BACK RIGHT
BCF
BACK CENTER FOUNDATION
BLF
BACK LEFT FOUNDATION
BRF
BACK RIGHT FOUNDATION
LS
LEFT SIDE
RS
RIGHT SIDE
LSF
LEFT SIDE FOUNDATION
RSF
RIGHT SIDE FOUNDATION
(Areas reflect all plants within 15 feet of the primary structure.)
2
Yard and Other Assessed Areas
HMI
1
Quercus stellata
Post Oak
FL
DBH: 21"
1
$16601
2
Quercus stellata
Post Oak
FL
DBH: 17"
1
$13672
3
Quercus stellata
Post Oak
FL
DBH: 13"
1
$10539
4
Quercus stellata
Post Oak
FL
DBH: 13.5"
1
$11072
5
Quercus stellata
Post Oak
FC
DBH: 11"
1
$7342
6
Quercus stellata
Post Oak
FC
DBH: 15.5"
1
$12733
7
Quercus stellata
Post Oak
FC
DBH: 11"
1
$7342
8
Quercus stellata
Post Oak
FC
DBH: 17"
1
$13672
Celtis laevigata
9
Sugar Hackberry
FR
DBH: 13"
1
$6235
(Reflects replacement cost for Celtis occidentalis)
10
Quercus stellata
Post Oak
FR
DBH: 14"
1
$11618
Total Current
Replacement Cost:
$110,826
HMI
Standardized Replacement Cost Calculation
HMI is the only standardized resource for replacement costs of trees and shrubs (trees). Underlying our ability to provide this information
is HMI's extensive database of wholesale tree prices and a patent - pending system, the Horticultural Scientific Standard (HS 2 T'). Specific
details on the method employed by HMI to ensure your information is accurate and in keeping with established industry standards are
provided below.
HMI's Horticultural Scientific Standard (HS ZTM )
HS 2 TM consists of the data, formulae and processes for constructing average replacement costs for each tree based on actual wholesale
costs. HMI currently has hundreds of thousands of wholesale -based prices in its database compiled from hundreds of nurseries located
across the country. To select the appropriate prices from this extensive database, HMI developed unique business rules and automated
quality control formulae that approve, aggregate and accurately incorporate each price into the resulting values for each type and size of
tree in our system.
HMI's replacement costs are calculated by using market -based averages for smaller sized trees (those commonly sold in a nursery). For
sizes larger than those commonly sold in a nursery, replacement costs are determined and extrapolated based on the Council of Tree
and Landscape Appraisers' (CTLA's) Trunk Formula Method. Depending on the type of tree, the size is determined by either its height/
spread or diameter at breast height (DBH). For trees which have a DBH of greater than 30 inches, HMI's system employs the Adjusted
Trunk Area Formula method as dictated by the CTLA. HMI also adheres to the American Standard for Nursery Stock ANSI Z60.1 -2004
to determine whether to use height/spread or diameter and at what size. Consequently, you may notice that some of your trees are
measured by height or spread while others are measured by diameter. These are established industry standards and formulae. HMI's
replacement costs represent the average cost to have a single tree professionally replaced under typical transportation and installation
conditions.
As extensive as HMI's pricing database is, there are times when we come across a tree for which adequate wholesale pricing data is not
currently available. The tree may not be commonly sold, not sold at a sufficient size or not sold at all in a nursery environment. This is
particularly true for mature trees that may no longer be commercially available for sale. When this occurs, HMI uses the replacement
costs for a tree that is functionally similar to the one currently in your landscape. HMI notifies you with the following language: "Reflects
replacement costs of (Scientific Name of Tree]." This practice is consistent with industry standards and representative of the average cost
you would need to incur to functionally replace the inspected tree.
If you have any questions about HMI's services, please contact us at (866) 937 -6468 or send an email to info @hmiadvantage.com
5
Terms and Conditions (these "T&C's ") between Horticultural Asset Management, Inc. ( "HMI ") and the Orderer of this Report ( "Customer")
1. Fees, Expenses, Taxes. Customer agrees to pay HMI a fee for the Service(s) and Report(s) (as each term is defined below) to be provided pursuant
to these T &C's as well all shipping and handling fees and any taxes and other statutory payments as maybe required. Customer shall pay all fees and
charges set forth on the order form or other purchase confirmation used. If any amount is not paid within thirty (30) days after the applicable due date,
such unpaid amounts shall bear interest from such date to the date of payment at the lesser of: (a) one and one half percent (1.5 %) per month; or (b)
the highest rate allowed by applicable law. The following additional payment terms apply to any reports, guides or other written materials provided by
HMI (collectively, the "Report(s) "): HMI will charge Customer's credit card for the cost of a Report(s) when the Report(s) ships, or, if Customer cancels
the Report(s), then the applicable cancellation fees (see below) will be charged on the date of cancellation. Report(s) must be cancelled within the
shorter of 48 hours of placing the order or 24 hours before HMI's authorized assessor has been scheduled to arrive to collect the necessary data for the
Report(s) as ordered by Customer, or a cancellation fee will be charged. The cancellation fee will be the greater of $100 or HMI's incurred costs which
may include charges from the authorized assessor, internal processing or other costs.
2. DISCLAIMERS. THE SERVICES PERFORMED AT THE REQUEST OF THE CUSTOMER (THE "SERVICES ") AND REPORT(S) PROVIDED UNDER
THESE TERMS AND CONDITIONS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, AND HMI HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HMI AND ITS CONTRACTORS MAKE NO WARRANTY OR REPRESENTATION
WHATSOEVER REGARDING THE SUCCESS OR RELEVANCE OF THE SERVICES AND /OR REPORT(S) IN ANY WAY. THE SERVICES AND/
OR ANY REPORT(S) ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. REPLACEMENT COSTS AND OTHER DOLLAR AMOUNTS
LISTED THEREIN, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO THE COST OF REPLACING TREES AND SHRUBS, ARE ESTIMATES
ONLY AND ARE NOT GUARANTEES OF THE ACTUAL COSTS OF ANY PROPERTY. ACTUAL COSTS MAY DIFFER SIGNIFICANTLY FROM
SUCH ESTIMATES. HMI, ITS PRINCIPALS AND AFFILIATES, DO NOT GUARANTEE THATANY INFORMATION PROVIDED TO CUSTOMER WILL
BE TRUE, ACCURATE OR ACCEPTED BY ANY THIRD PARTY. HMI, ITS PRINCIPALS, AGENTS AND AFFILIATES DO NOT GUARANTEE THE
ACCURACY OF PLANT IDENTIFICATIONS PROVIDED (IF ANY) AS A PART OF A REPORT(S). IF PLANT IDENTIFICATIONS ARE PROVIDED
TO CUSTOMER, THEN THEY WILL BE PROVIDED ON A COMMERCIALLY REASONABLE EFFORTS BASIS AND BASED ON EXISTING PLANT
AND ENVIRONMENTAL CONDITIONS. HMI, ITS OFFICERS, DIRECTORS, ADVISORS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY
DAMAGES, LOSSES, DEATH OR INJURY RELATING TO OR RESULTING FROM CONCLUSIONS OR RECOMMENDATIONS MADE BY HMI
REGARDING THE HEALTH, STRENGTH OR STATUS OF TREES AND SHRUBS ON AN ASSESSED PROPERTY, OR ANY OMISSIONS THEREOF.
HMI SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, DEATH OR INJURY RESULTING FROM
AN ACT, ERROR OR OMISSION IN THE PERFORMANCE OF ANY SERVICES BY ITS CONTRACTORS. HMI MAKES NO PROMISE THAT ALL
OF THE TREES AND SHRUBS ON A CUSTOMER'S PROPERTY SHALL BE ASSESSED AND HMI AND ITS CONTRACTORS SHALL HAVE NO
LIABILITY WITH RESPECT TO ANY TREES OR PLANT MATERIAL THAT HAVE NOT BEEN ASSESSED OR INSPECTED FOR ANY REASON
WHATSOEVER. CUSTOMER SHALL INDICATE TO HMI AND /OR ITS CONTRACTORS THE CORNERS OF THE PROPERTY AND SHALL TAKE
ALL RESPONSIBILITY FOR THE ACCURACY OF MARKERS.
IT IS UNDERSTOOD THAT HMI AND ITS CONTRACTORS PROVIDE THE SERVICES AND /OR THE REPORT(S) AT A POINT IN TIME AND
THAT FACTS AND CONDITIONS UNDERLYING THE SERVICES AND /OR THE REPORT(S) MAY CHANGE OVER TIME; THEREFORE, ANY
CONCLUSIONS AND RECOMMENDATIONS ARE APPLICABLE ONLY TO THE FACTS AND CONDITIONS INCLUDED IN THE SERVICES AND/
OR THE REPORT(S) AT THE TIME THE SERVICES ARE PERFORMED AND /OR THE REPORT(S) ARE PREPARED. IN THAT HMI AND ITS
CONTRACTORS CANNOT PREDICT OR OTHERWISE DETERMINE SUBSEQUENT DEVELOPMENTS CONCERNING THE SUBJECT OF
THE SERVICES AND /OR THE REPORT(S), HMI AND ITS CONTRACTORS WILL NOT BE LIABLE FOR ANY SUBSEQUENT DEVELOPMENTS,
CHANGES, ACTS, OR CONDITIONS THAT OCCUR, INCLUDING, BUT NOT LIMITED TO, DECAY OR DAMAGE BY THE ELEMENTS, PERSONS
OR IMPLEMENTS, INSECT INFESTATION, DETERIORATION, ACTS OF GOD OR NATURE OR OTHERWISE.
FURTHER, HMI AND ITS CONTRACTORS MAY HAVE REVIEWED PUBLICLY AVAILABLE OR OTHER THIRD PARTY RECORDS OR CONDUCTED
INTERVIEWS, AND HAVE ASSUMED THE GENUINENESS OF SUCH DOCUMENTS AND STATEMENTS. HMI DISCLAIMS ANY LIABILITY FOR
ERRORS, OMISSIONS, OR INACCURACIES RESULTING FROM OR CONTAINED INANY INFORMATION OBTAINED FROM ITS CONTRACTORS,
ANY THIRD PARTY OR PUBLICLY AVAILABLE SOURCE.
CUSTOMER WILL BE RESPONSIBLEAND LIABLE TO IDENTIFYAND INFORM HMI OF THE TREESAND SHRUBS TO BE INVENTORIEDAND TO
CORRECTLY IDENTIFYAND INFORM HMIAND HMI'S CONTRACTORS OF THE PROPERTY LINES UPON WHICH THE TREESAND SHRUBSARE
SITUATED. THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES, INCLUDING THE REPORT(S) AND RECOMMENDATIONS,
MAY NOT BE USED BY ANY OTHER PARTY OTHER THAN CUSTOMER AND /OR PROPERTY OWNER IN THE EVENT THAT CUSTOMER AND
PROPERTY OWNER ARE NOT ONE AND THE SAME.
NO INFORMATION OBTAINED OR INCLUDED IN THE SERVICES AND /OR THE REPORT(S) AND /OR OTHERWISE OBTAINED BY CUSTOMER
FROM HMI AND ITS CONTRACTORS IN CONNECTION WITH THE SERVICES AND /OR THE REPORT(S) IS INTENDED TO SUPPLY LEGAL,
FINANCIAL, REGULATORY COMPLIANCE, TAX OR OTHER FORMS OF ADVICE. THE SERVICES AND /OR THE REPORT(S) ARE NOT A
SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONALADVISOR. CUSTOMER IS RESPONSIBLE FOR CHECKING THE
RESULTS OF ANY INFORMATION OBTAINED FROM HMI AND ITS CONTRACTORS, AND HMI AND ITS CONTRACTORS ARE NOT RESPONSIBLE
FOR ANY FINANCIAL, REGULATORY COMPLIANCE, TAX, LEGAL OR OTHER DECISIONS CUSTOMER MAKES AND WHICH ARISE OUT OF
OR ARE CONNECTED WITH THE SERVICES AND /OR THE REPORT(S). BY RECEIVING ANY WORK PRODUCT OR INFORMATION FROM
HMI AND ITS CONTRACTORS, CUSTOMER AGREES THAT HE/SHE/IT BEARS FULL RESPONSIBILITY FOR ALL SUCH DECISIONS MADE BY
HIM/HER/IT; FURTHERMORE, CUSTOMER UNDERSTANDS THAT HMI MAKES NO PROMISES REGARDING THE TIMING OF THE DELIVERY
OF THE REPORT(S) AND HMI HAS NO LIABILITY WITH RESPECT TO THE AMOUNT OF TIME TAKEN TO COMPLETE ANY OF THE WORK
CONTEMPLATED HEREIN.
CUSTOMER WARRANTS THAT ALL TREES, PLANT MATERIAL AND PROPERTY UPON WHICH THE SERVICE AND /OR REPORT(S) ARE TO BE
PERFORMED ARE EITHER OWNED OR THAT ALL NECESSARY PERMISSIONS AND AUTHORIZATIONS HAVE BEEN OBTAINED FROM THE
OWNER FOR HMI AND /OR ITS CONTRACTORS TO PERFORM THE SERVICES AND /OR PROVIDE THE REPORT(S) CONTEMPLATED HEREIN,
AND HMI AND /OR ITS CONTRACTORS SHALL BE HELD HARMLESS FROM ANY CLAIMS OR DAMAGES RESULTING FROM CUSTOMER'S
FAILURE TO OBTAIN SUCH PERMISSION.
3. Independent Contractor, Nonexclusive Relationship. The relationship of the parties established by these T &C's is solely that of independent contractors,
and nothing contained in these T &C's shall be construed to (a) give any party the power to direct and control the day - to-day activities of the other; or
(b) constitute such parties as partners, joint venturers, co- owners or otherwise as participants in a joint or common undertaking; or (c) make either
party an agent of the other for any purpose whatsoever, except as expressly authorized by the other. Neither party nor its agents and employees is the
representative of the other for any purpose, and neither has power or authority to act as agent, employee to represent, to act for, bind, or otherwise
create or assume any obligation on behalf of the other.
4. Customer Responsibilities; Indemnities
(a) Customer shall comply with all applicable laws, statutes, ordinances and regulations regarding the Services and information provided in
connection therewith. Customer agrees, represents and warrants that (i) he /shefit understands the terms and conditions of these T &C's and that
they constitute a valid, binding obligation, and (ii) he /shefit has full power, authority and legal capacity to accept into these T &C's and follow their
obligations.
(b) Customer hereby agrees to indemnify and hold harmless HMI and its officers, directors, members, managers, contractors, employees and
agents from any and all liabilities, costs and expenses, including, without limitation, reasonable attomeys' fees, that may arise from: (i) a breach
of these T &C's by he /shefit, or (ii) any matter relating to these T &C's, including Customer's use of the Services, Report(s) or information provided
in connection therewith.
(c) Customer will be solely responsible for any information reported to HMI, its employees and /or its contractors, that appears in the Report(s) or
influences, effects or alters the information set forth in the Report(s).
5. Tennination. HMI may terminate these T &C's at any time with or without cause and without payment or liability to Customer, by providing notice to
Customer. Customer may terminate these T &C's at any time by providing notice to HMI, subject to payment of the cancellation fees described in
Section 1; provided, however, Sections 1, 2, 3, 4 and 6 shall survive any termination of these T &C's.
6. Limitation on Liability. IN NO EVENT SHALL HMI, HMI'S OFFICERS, DIRECTORS, EMPLOYEES AND /OR ITS CONTRACTORS BE LIABLE
TO CUSTOMER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES RELATED TO, OR AS A RESULT
OF, THESE T &C'S (INCLUDING LOSS OF DATA OR PROFITS), OR THE SERVICES AND /OR THE REPORT(S) PROVIDED HEREUNDER. IN
ADDITION, IN NO EVENT SHALL HMI'S OFFICERS, DIRECTORS, EMPLOYEES AND /OR ITS CONTRACTOR'S LIABILITY TO CUSTOMER IN
THE AGGREGATE FOR ANY AND ALL CLAIMS OR DAMAGES ARISING UNDER THESE T &C'S EXCEED $250.00. CLAIMS BY CUSTOMER FOR
DAMAGES MUST BE MADE WITHIN ONE YEAR OF THE INCIDENT TO WHICH THEY RELATE OR BE FOREVER BARRED.
7. Force Majeure_ Neither party shall be liable to the other by reason of any failure of performance hereunder (except failure to pay) if such failure arises
out of causes beyond such party's reasonable control, despite the reasonable efforts and without the fault or negligence of such party. Any party
experiencing such an event shall give as prompt notice as possible under the circumstances.
8. Assignment. These T &C's shall bind the parties and their successors and permitted assigns. Customer shall not assign these T &C's without the prior
written consent of HMI.
9. Notice. Any notice, consent or other communication in connection with these T &C's shall be in writing and may be delivered in person or by mail. If hand
delivered, the notice shall be effective upon delivery. If served by U.S. certified mail, return receipt requested, the notice shall be effective upon delivery.
Notices shall be addressed appropriately to the intended recipient, to the addresses set forth herein or such other address as either party hereto may
designate by notice to the other.
10. Governing Law. These T &C's shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to the
choice of law provisions thereof. Any dispute or claim arising out of, or in connection with, these T &C's shall be brought and heard either in the North
Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh,
North Carolina. Customer consents to the in personam jurisdiction and venue of such courts. Customer agrees that service of process upon him/her/
it in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed
effectively given upon receipt_
11. General.
(a) These T &C's and any other disclaimers set forth in the Report(s) are a complete and exclusive statement of all of the terms and representations
of agreement between Customer and HMI with respect to the subject matter hereof. These T &C's shall not be varied, supplemented, qualified
or interpreted by any prior course of dealing between the parties hereto or by any usage of trade. The terms of these T &C's may be amended or
modified only by a written agreement executed by Customer and HMI.
(b) If any provision of these T &C's is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but
only to the extent that such provision is unenforceable, and these T &C's shall be deemed amended by modifying such provision to the extent
necessary to make it enforceable while preserving its intent or, if that is not possible, by substituting another provision that is enforceable and
achieves the same objective and economic result. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH PROVISION OF THESE
T &C'S WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, INDEMNIFICATION OR EXCLUSION OF
DAMAGES OR OTHER REMEDIES IS INTENDED TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND
AGREED THAT IN THE EVENT ANY REMEDY UNDER THESE T &C'S IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE,
ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES OR OTHER REMEDIES SHALL REMAIN IN EFFECT.
0 2003 -2009 Horticultural Asset Management, Inc.
Property Inspected by:
Arbor Masters Tree Service
1148 Whistle Stop Drive
Saginaw, TX 76131
Phone: 817- 204 -3023
Fax : 817 - 232 -5027
Disclaimer
This treeFacts® Report (Report) is provided for informational purposes only. Replacement costs and other
dollar amounts listed herein, including, without limitation, with regard to the cost of replacing trees and shrubs,
are estimates only and are not guarantees of the actual cost of any property nor do they constitute an appraisal
of any property; actual costs may differ significantly from such estimates. Horticultural Asset Management, Inc.,
its principals and affiliates, do not guarantee that any estimate provided in this Report will be true, accurate or
accepted by any third party. This Report is not meant for tax purposes and professional tax advisors should
be consulted with respect to claims regarding tree losses.
The use of this Report is provided "as is ", "as available ", and without any representations or warranties
of any kind, express, implied, statutory or otherwise, including, without limitation, any implied warranty of
merchantability, non - infringement or fitness for a particular purpose, and Horticultural Asset Management, Inc.
hereby disclaims the same.
This Report is not a diagnosis of any potential problems or safety concerns with respect to the trees and
shrubs listed herein but rather a record of a visual, noninvasive inspection made by an assessor. Neither
Horticultural Asset Management, Inc., its directors, officers, employees, consultants, contractors nor any other
third party shall have any liability with respect to any loss, injury or death resulting from the recommendations
and information appearing in this Report and /or omissions thereof. No information included in this Report is
intended to provide any guaranty or assurance with respect to the health of the assessed trees and shrubs
and the safety of the property and /or persons present on or near the property from said trees and shrubs. The
owner of the property being assessed is solely responsible for any damage, injury or death caused by any
trees and shrubs located on said property.
Copyright@ 2009 Horticultural Asset Management, Inc. All rights reserved. Except as permitted under the
United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or
by any means nor may any part of this publication be stored in a database or other electronic retrieval system
without the prior written permission of Horticultural Asset Management, Inc.
Horticultural Asset Management, HSz, treeFacts, and Protecting green assets is the root of our business are
registered and unregistered trademarks owned by Horticultural Asset Management, Inc.
Horticultural Asset Management, Inc. 866.937.6468 p
107 Edinburgh South Drive 866.646.8329 f
Suite 205 info @hmiadvantage.com
Cary, NC 27511 www.HMIadvantage.com