The URL can be used to link to this page

Home My WebLink AboutC-7096-1 - Agreement for Assumption of Risk and Release of Liquefaction HazardRECORDING REQUESTED BY: 1 AND WHEN RECORDED MAIC_ TO: Attn: City Clerk City of Newport Beach 3300 Newport Boulevard P,o, Box 1768 Newport Beach, CA 92658 Recorded in Oh. .i Records, Orange County Tom Daly, Clerk -Recorder II I] jj II jj$ 1�1 ��J III $j I II IT I I II 18.00 *$ 8 0 0 0 5 2 7 1 2 7 4$ 2012000650475 3:58 pm 10/24/12 117 404 A38 5 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 LINE FOR A reement for Assumption of Risk and Release of Liquefaction Hazard This page is added to provide adequate space for recording information. p1 �Cdowwaq'. o only RECORDING REQUESTED BY EQUITYTITLE COMPANY WHEN RECORDED, RETURN TO: When Recorded Mail to: City Clerk City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 Attention: City Clerk Agreement For Assumption of Risk and Release Of Liquefaction Hazard THIS ASSUMPTION OF RISK AND RELEASE is made this 17th day of September, 2012, by Philip and Lynn Butterfield (hereinafter referred to as "Property Owner") in favor of the City of Newport Beach ("City"), a municipal corporation. RECITALS: A. Property Owner's property consists of Lot 907 of Tract 914, or Assessor's parcel: Book 423, Page 166, Parcel 09, together with all improvements household furnishings and effects, and personal property located therein and thereon, more commonly known as 331 Via Lido Soud, 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 0 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/ J 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. 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 FormsWssumptlonRiskReleaseLiquetactionHazardwGeotechnicalReports 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 Aareement 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. ,,ql,7`1' t (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 2 FormsWssumptlonRlskReleas.LiquefactionHa rdwGeatechnicalReports 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. IME 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. IME 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. //(Property Owner) Philip Butterfield c�r r, ON,r�,dr)� Lynn Butterfield Signature must be acknowledged before a Notary public; rormsWssumptlonRiskReleaseLiquetactionHa rdwGeotechnica[Reports CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFO_ IA COUNTY OF On vl f Kul before me Notary Public p rsonally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ------------------- WITNESS-m- y hand and official seal.- J. A. MCMILLAN Commission # 1830879 7�d Notary Public - California z i Orange County �/ �-- — My Comm. Expires Jan 13, 2013 Affix Notary Seal Here ********************OPTIONAL******************** Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER IaAKEDIVIDUAL 0 CORPORATE OFFICER Title(s) ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name of person(s) or entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or type of document 3 Number of Pages ( i_') ,rwI z✓� 1 J- D to of Document VUR Signer(s) other then named above