EXHIBIT 7-C
FORM
2.5 TEMPLATE
Recording
Requested by:
And
When Recorded Mail To:
Monterey
Peninsula Water Management District
Post
Office Box 85
Monterey,
California 93942-0085
NOTICE AND DEED
RESTRICTION
REGARDING LIMITATION
ON USE
OF WATER ON A PROPERTY
FOR LOW-INCOME HOUSING
NOTICE
IS GIVEN that
the Monterey Peninsula Water Management District (hereinafter referred to as
the Water Management District), duly formed as a water district and public
entity pursuant to the provisions of law found at Statutes of 1977, Chapter
527, as amended (found at West’s California Water Code Appendix, Chapters 118-1
to 118-901), has approved water service to the real property referenced below
as “Subject Property”.
NOTICE
IS FURTHER GIVEN that the real property affected by this agreement is
situated in the {JURISDICTION}:
{STREET ADDRESS}
{LEGAL DESCRIPTION}
ASSESSOR’S PARCEL NUMBER {000-000-000-000}
This real property is hereinafter referred to as the
“Subject Property.” The Subject Property
is located within the jurisdiction of the Water Management District. {PROPERTY OWNER NAME(S)},
hereinafter referred to as Owner(s), are record owner(s) of the Subject
Property.
Owner(s) and the Water Management
District each acknowledge and agree that {INSERT NUMBER OF LOW-INCOME UNITS} of the {INSERT NUMBER OF ALL DWELLING
UNITS} dwelling units located at the Subject Property shall be
occupied as Low-Income Housing as defined in this
document, consistent with the District’s Rules and Regulations. This is a permanent requirement of the
Subject Property.
Low-Income Housing shall mean and refer to housing that is affordable to low‑income and
very low-income households in compliance with the standards set by the
California Department of Housing and Community Development (HCD) and the
Monterey County Housing Authority for resale and occupancy. Such housing is affordable if the sales price
is equal to or less than three times the maximum annual very low‑income
household income; or if rented, if the annual rent is equal to or less than 25%
of the maximum annual very low‑income household income.
Owners and Water Management
District further agree that the maximum permitted water use for the Low-Income
Housing at the Subject Property is limited to supply the potable water
requirements for {NUMBER}
{TYPE OF DWELLING UNITS}
consisting of:
·
{# of fixtures and name of
fixture (per listing and description on permit)}
·
{# of fixtures and name of
fixture}
·
{# of fixtures and name of
fixture}
·
{# of fixtures and name of
fixture}
·
{# of
fixtures and name of fixture}
·
{# of fixtures and name of
fixture}
·
Reasonable outdoor water use as needed and as allowed by District Rules
No water use fixtures other than those listed above have been approved for use in the Low-Income Housing on the Subject Property.
NOTICE
IS FURTHER GIVEN that Water Management District has determined that {0.000} acre-feet
of water is associated with the water permit for the Low-Income Housing. District Rule 25.5-B (1) allows a fee
exemption when the project meets the definition of Low-Income Housing. Each residential connection which supplies
water to a “Dwelling Unit” meeting the definition of Low-Income Housing shall
be exempt from one-hundred percent (100%) of the connection charge required
pursuant to Rule 24 during the period that the “Dwelling Unit” continuously
meets the definition of “Low-Income Housing.”
NOTICE IS FURTHER GIVEN that any change of water
use from a Low-Income Housing use to any other residential or non-residential
use shall constitute an intensification of use which
shall require payment at the then-present value of connection charges to the
District both for the intensification of water use capacity and for the
increment of water use which had originally been exempted from the full fee. All other permit conditions, including
processing fees and surcharges shall apply to these connections, and all water conservation standards required as a condition
of the water permit or other applicable regulations.
Owner(s) acknowledges that the condition requiring these dwelling units to
be occupied as Low-Income Housing on the Subject
Property has been voluntarily accepted as a condition of Water Permit No. {INSERT PERMIT NUMBER}
and is permanent and irrevocable, unless amended by the filing of
a less restrictive deed restriction.
NOTICE IS FURTHER GIVEN that this agreement is
binding and has been voluntarily entered into by Owner(s), and each of them,
and constitutes a mandatory condition precedent to receipt of regulatory
approval from the Water Management District relating to the Subject Property.
This agreement attaches to the land for the duration stated above, and shall
bind any successor or assignee of Owner(s).
NOTICE IS FURTHER GIVEN that present and/or
future use of water at the Subject Property site is restricted by Water
Management District Rules and Regulations to the water use requirements
referenced above. Any intensification of
water use on the Subject Property, as defined by District Rule 11, will require
prior written authorization and permits from the Water Management
District. Approval may be withheld by
the Water Management District, in accord with then applicable provisions of
law. Present or future allocations of
water may not be available to grant any permit to intensify water use at this
site. If any request to intensify water
use on Subject Property is approved, connection charges and other
administrative fees may be required as a condition of approval.
NOTICE IS FURTHER GIVEN that in the event
intensification of water use on Subject Property occurs without such an
authorizing permit, all water use on this site may thereafter be revoked in
accord with Water Management District Rules, which state, “Intensification of
Water Use without a permit shall provide cause for revocation by the District
of all water use by any person on that Site.” Such revocation could cause the
irrevocable extinction of any right or entitlement to water use, water use
capacity, or water credit for the Subject Property.
NOTICE IS FURTHER GIVEN that intensification of
water use on Subject Property occurs without the advance written approval of
the Water Management District is a violation of District Rules and may result
in a monetary penalty for each offense as allowed by Water Management District
Rules. Each separate day, or portion
thereof, during which any violation occurs or continues without a good faith
effort by the responsible party to correct the violation shall be deemed to
constitute a separate offense. All water
users within the jurisdiction of the Water Management District are subject to
the Water Management District Rules, including Rules 11, 23, and 148.
The Owner(s) and Water Management District each intend
that this Notice and Deed Restriction act as a deed restriction upon the
Subject Property. This document shall be
enforceable by the Water Management District or any public entity that is a
successor to the District.
The Owner(s) elects and irrevocably covenants with the
District to abide by the conditions of this Notice and Deed Restriction to
enable issuance of the referenced Water Permit(s). But for the limitations and notices set forth
herein, issuance of a water permit with a connection charge exemption would
otherwise be inconsistent with the Water Management District Rules and
Regulations.
The undersigned Owner(s) agrees
with and accepts all terms of this document stated above, and requests and
consents to recordation of this Notice and Deed Restriction Regarding
Limitation on Use of Water on a Property for Low-Income Housing. The Owner(s) further agree to notify any
present and future tenant of the Subject Property of this terms and conditions
of this document. (Signatures must be
notarized).
OWNER(S) agrees to recordation this
Notice and Deed Restriction in the Recorder’s Office for the County of
Monterey. Owner(s) further unconditionally
accepts the terms and conditions stated above.
By:
Dated:
{OWNER=S NAME}
By: Dated:
Gabriela
Ayala, Conservation Representative
Monterey
Peninsula Water Management District