FORM 2.5 TEMPLATE
Recording
Requested by:
Monterey
Peninsula Water Management District
And
When Recorded Mail To:
Monterey
Peninsula Water Management District
Post
Office Box 85
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.
Owner(s) 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 consisting of:
·
bathtub (may have shower above)
·
washing machine
·
showers – separate stall
·
wash basin
·
toilet, ULF, 1.6 gal.
·
large bathtub (over 55 gal.)
·
kitchen sink and dishwasher
·
laundry/utility sink
·
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 24.5-B (2)
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 Water
Management 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,
processing fees and surcharges shall apply to these connections, including 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 that 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 Water Management District.
The Owner(s) elects and irrevocably
covenants with the Water Management 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 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
By:
Dated:
{OWNER’S NAME}
By:
Dated:
Robert Cline, Conservation
Representative
Monterey
Peninsula Water Management District