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Home My WebLink AboutC-7097-1 - Agreement and Assumption of Risk and Release of Liquefaction HazardWHEN RECORI4Eb, RETURN TO: tV ? When Recordedim-11-- a= City Clerk City of Newport Beach =t 3300 Newport Boulevard ` P.O. Box 1768 " Newport Beach, CA 92658 Attention: City Clerk Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk -Recorder II III II III II I I I I I III I II II I I I II 15.00 *$ R 0 0 0 5 4 9 8 0 3 1$ 2013000017973 3:56 pm 01109113 10413Al2F13 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 A(-3?04btgr u( or - Assumption of Risk and Release of Liquefaction Hazard THIS ASSUMPTION OF RIS AND RELEASE is made this day of January, 2013, by (hereinafter referred to as " rope Owner) in favor of the ity of NewportBeach (' it ';), a muni ipal corp ration. PO d ,,A tAJ A_!,� -` RECITALS: A. Property Owner's property consists of TRACT 756 LOTS 23/24 , or Assessor's parcel: Book 23 , Pages 7 & 8 , Assessors Parcel Number 048-240-32 , together with all improvements household furnishings and effects, and personal property located therein and thereon, more commonly known as 2020 Balboa Blvd East -, Newport Beach, California ("the Property"). B. Property Owner's Property is located within an area where geologic and/or geotechnical hazards may occur in the future. Property Owner recognizes and understands that the records of the State of California Seismic Hazards Zones Official Map, indicate that the Property is located within an area that is subject to physical hazards of a geologic and/or geotechnical nature, specifically liquefaction. Further, the Property Owner has not performed any geologic and/or geotechnical study to identify the specific conditions of the Property. The City has available to Property Owner all public files in its custody relative to the geotechnical stability of the area surrounding the Property, and Property Owner acknowledges that he/she/it has had the opportunity to undertake any and all further geologic and geotechnical investigation Property Owner deems necessary precedent to constructing any improvement on the Property. C. Property Owner desires to take certain actions in order to add to, repair, rehabilitate, or remodel the existing home or identified structure on the Property; and acknowledges this work shall require a building permit. D. Property Owner recognizes that to minimize potential damage to the existing home and safe guard the occupants of the home, modifying the foundation system would be needed to be in compliance with the City's policy: Minimum Liquefaction Mitigation Measures — CBC 1803.5.1.1. E. Property Owner desires to assume all risk relating to and arising from the issuance of a building permit for said addition, repair, rehabilitation, or remodel work, including risks relating to the City's negligent issuance of such a building permit. FormsWssumption RiskReleaseLiquefactionHazardwGeotechnica]Reports F. As an accommodation to the Property Owner so as to alleviate the hardship associated with relocating from Property Owner's home, City is willing to allow additions, repair, rehabilitation, and remodeling work necessary or desired to maintain the home in a habitable and convenient condition, and arising from any claim that the City acted negligently or improperly in issuing a building permit to Property Owner under the above-described circumstances. G. Both Property Owner and City agree that this Assumption of Risk and Release does not exculpate the City from any future acts of negligence on the City's part, but applies solely to the issuance of a building permit for construction of specified improvements. NOW, THEREFORE, as inducement for City to grant a building permit, Property Owner agrees as follows 1. Assumption of Risk Property Owner hereby assume all risk of damages to the Property, and loss or impairment of the use and enjoyment thereof, and loss of any and all expenditures in any manner arising out of or attributable to the City issuing the building permits for the proposed work, notwithstanding that the Property is located within an area subject to physical hazards of a geologic and/or geotechnical nature. 2. Release Property Owner hereby releases and discharges City, its officers, employees and agents from any and all claims for losses, damages or liabilities of or to the Property of undersigned Property Owner (whether for damages to the property, personal injury, expenses, attorney's fees or otherwise) arising out of or attributable to the City issuing the building permits for the proposed addition, repair, rehabilitation, or remodeling work, notwithstanding that the Property is located within an area subject to physical hazards of a geologic and/or geotechnical nature. This release includes, but is not limited to, any claims arising from the City's negligence in issuing the building or other related permits. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against the City, its officers, agents and employees for any damages or losses of any kind attributable to the issuance of a building or other related permits and the work performed pursuant thereto. 3. Voluntary Agreement Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument or expressly declines to secure the advice of legal counsel and understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for issuance of a building permit to perform certain work on Property Owner's home that would otherwise not be issuable due to the location of the home within an area that is subject to physical hazards of a geologic and/or geotechnical nature. 4. Binding Effect Property Owner agrees and acknowledges that this instrument shall be recorded against the title of the Property in the official records of the Orange County Recorder. Property Owner agrees that this instrument shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in or to the Property or any portion thereof, and shall constitute notice of the physical hazards of a geologic or geotechnical nature that affect the Property. This instrument shall be terminated or modified only upon the express written consent of the City. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the Property, Property Owner shall provide any such purchaser, lessee or transferee with a copy of this instrument. 2 Forms�Assumption RiskReleaseLiquefactionHazardwGeotechnical Reports -� (Property Owner's initials) I/WE UNDERSTAND THAT THIS IS AN AGREEMENT TO FOREGO MY LEGAL RIGHTS. I/WE UNDERSTAND THAT THE PROPERTY IS ADJACENT TO AN AREA SUBJECT TO PHYSICAL HAZARDS OF A GEOLOGIC AND/OR GEOTECHNICAL NATURE AND THAT ORDINARILY THE CITY WOULD NOT ISSUE A BUILDING PERMIT FOR THE CONSTRUCTION I/WE WANT TO DO ON THE PROPERTY. I/WE UNDERSTAND THAT THE CITY HAS AGREED TO ISSUE THE PERMIT BECAUSE I HAVE RELEASED THE CITY FROM ANY LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, INCLUDING LIABILITY ARISING FROM ITS OWN NEGLIGENCE IN ISSUING THE PERMIT. IM/E UNDERSTAND THAT AS A RESULT OF SIGNING THIS INSTRUMENT I/WE DO NOT HAVE THE RIGHT TO SUE THE CITY IN CONNECTION WITH THE BUILDING OR OTHER RELATED PERMITS OR ANY OF THE CONSTRUCTION THEY AUTHORIZE. IN WITNESS WHEREOF, Property Owner has executed this Assumption of Risk, Release and indemnity on the date first written above. ->r (Prope y Owners �--- i (Property Owner) Signature must be acknowledged before a Notary public; fwofCIMCF04 CMuWO A�saGa ncyt? pemoaally appeared who proved to the on the bans of tabs actory evidence to be the pets:m(si whose nanc{s� Wav,subscribed to the within mstturrim and acknowledged to me that WsheAl>t�executeddw same in*ta)wAhawouthortxed eapany17eo. and that ba.lum'her/thaw stelnatureW on the insowri nt the person(** or tate ettpty upon behalf of which the persorA*) acted, executed the nuuumem I autily under PENALTY OF PFJUUItY under the taws of oho State of Calaibmia that the parafraph is true and correct. N my hYrd r�`e��sal aett6� _ $�tu'� turof"Ory J "B. �.V�ECK COMM. 0192 N ORM�K3E� Conn. Ex . DEC ii XNA 3 FormstAssu mptionRiskReleaseLiquefactionHazardwGeotechnical Reports