FORM 2.4 TEMPLATE

MODERATE INCOME HOUSING

Recording Requested by:

Monterey Peninsula Water Management District

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 MODERATE 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 and city}

{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 MODERATE INCOME UNITS} of the {INSERT NUMBER OF ALL DWELLING UNITS} “Dwelling Units” located at the Subject Property shall be occupied as “Moderate Income Housing” as these terms are defined by Water Management District Rule 11. This is a permanent requirement of the Subject Property.

Owner(s) and the Water Management District further agree that the maximum permitted water use for the Moderate Income Housing at the Subject Property is limited to supply the Potable water requirements consisting of:

· Washbasin

· Toilet, Ultra Low Flush (1.6 gallons-per-flush)

· Toilet, Ultra Low Flush (1.0 gallon-per-flush)

· Toilet, Dual Flush Ultra Low Flush

· Toilet, Ultra Low Flush (0.5 gallon-per-flush)

· Urinal (1.0 gallon-per-flush)

· Urinal (0.5 gallon-per-flush) 0.5

· Zero Water Consumption Urinal 0.0

· Master Bathroom: Bathtub (may be Large Bathtub) & Separate Shower

· Large Bathtub (over 55 gallons)

· Standard Bathtub

· Shower, Separate Stall

· Shower, each additional fixture

· Shower System, Rain Bars, or Custom Shower

· Kitchen Sink (including optional adjacent Dishwasher)

· Kitchen Sink with adjacent Ultra-Low Consumption Dishwasher

· Dishwasher, each additional (including optional adjacent sink)

· Dishwasher, ultra-low consumption, each additional (including optional adjacent sink)

· Laundry Sink/Utility Sink

· Washing Machine

· Washing Machine, ultra-low consumption (18 gallons maximum per cycle)

· Washing Machine, ultra-low consumption (28 gallons maximum per cycle)

· Bidet

· Bar Sink/Vegetable Sink

· Swimming Pool (each 100 square-feet of pool surface area)

· 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 Moderate 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 Moderate Income Housing. District Rule 24.5-B-1 allows a partial fee exemption when the project meets the definition of Moderate Income Housing. Each Residential Connection which supplies water to a Dwelling Unit meeting the definition of Moderate Income Housing shall be exempt from fifty percent (50%) of the Connection Charge required pursuant to Rule 24 during the period that the Dwelling Unit continuously meets the definition of Moderate Income Housing.

NOTICE IS FURTHER GIVEN that any change of water use from a Moderate 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 Moderate 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 and shall bind any tenant, 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 Use on the Subject Property, as defined by Water Management District Rule 11, or any change in the quantity or type of water fixtures listed above, will require prior written authorization and Permit 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 the Subject Property is approved, Connection Charges and other administrative fees may be required as a condition of approval.

NOTICE IS FURTHER GIVEN that modification or Intensification of Water Use on the Subject Property that occurs without the advance written approval of the Water Management District is a violation of Water Management 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, 20, 21, 23, 24, and 148.

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 is 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 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, approval of a Water Permit(s) with a fifty-percent Connection Charge reduction 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 this deed restriction. This Notice and Deed Restriction shall have no termination date unless amended by the filing of a less restrictive deed restriction.

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 Limitation on Use of Water on a Property for Moderate 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 County of Monterey. Owner(s) further unconditionally accepts the terms and conditions stated above.

(Signatures must be notarized).

By: Dated:

{OWNER’S NAME}

By: Dated:

Robert Cline, Conservation Representative

Monterey Peninsula Water Management District

Form 2.5 Template—Low-Income Housing