EXHIBIT 1-C
Recording
Requested by:
Monterey
Peninsula Water Management District
And
When Recorded Mail To:
Monterey
Peninsula Water Management District
Post
Office Box 85
NOTICE AND DEED RESTRICTION
REGARDING LAWN REMOVAL WITH
REBATE
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 a Rebate for Lawn removal 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 {City or County of} <JURISDICTION>:
<PropertyAddress>
{<LegalDescriptionOfProperty>}
This
real property is hereinafter referred to as the “Subject Property.” The Subject Property is located within the
jurisdiction of the Water Management District.
<PropertyOwnerNames>, (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 to the removal of
established (front or back) Lawn at the Subject Property and replacement with (insert Number) square-feet of low water use plants or permeable
surfaces. The Owner(s) agrees to an
annual visual verification of Lawn removal by the District for the term of this
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 and Rebate
No. {INSERT REBATE NO.} in the amount of ${insert amount}. This agreement attaches to the land and shall bind
any tenant, successor or assignee of Owner(s).
The Owner(s) and the Water
Management District each intend that this Notice and Deed Restriction act as a
deed restriction upon the Subject Property, and that it shall be irrevocable
under its terms. This document shall be
enforceable by the Water Management District or any public entity that is a
successor to the Water Management District.
The Owner(s) elects and irrevocably
covenants with the District to abide by this Notice and Deed Restriction. But for the limitations and notices set forth
herein, approval of this Rebate
would otherwise be withheld and found to be inconsistent with the Water
Management District Rules and Regulations.
This Notice and Deed Restriction is placed upon the
Subject Property. Any transfer of this
property, or an interest therein, is subject to its terms. This Notice and Deed Restriction shall have a
termination date fifteen (15) years
from the date of recording unless amended by the filing of a less restrictive
deed restriction and repayment of the full Rebate amount and any processing fee
required pursuant to District Rules and Regulations.
If any provision of this
Notice and Deed Restriction is held to be invalid, or for any reason becomes
unenforceable, no other provision shall thereby be affected or impaired.
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 Lawn Removal with Rebate. The Owner(s) further agrees to notify any
present and future tenant of the Subject Property of the terms and conditions
of this document.
OWNER(S) agrees
to recordation this Notice and Deed Restriction in the Recorder’s Office for
the
(Signatures must be notarized).
By:
Dated:
{OWNER’S
NAME}
By:
Dated:
Monterey Peninsula Water Management
District
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