SPECIAL CIRCUMSTANCES APPLICATIONS

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

WITH SPECIAL CIRCUMSTANCES

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 the Subject Property shall be considered as meeting Special Circumstance requirements as defined in this document and the specific Conditions of Approval dated November 19, 2001, consistent with the District’s Rules and Regulations. This is a permanent requirement of the Subject Property.

Special circumstances shall be deemed to exist in the retirement facility. Owner(s) and the Water Management District each acknowledge and agree that the installation and maintenance of (#) one gallon maximum ultra-low flow toilets, one Hobart AM14F dishwasher, retrofit of laundry system to use ozone-treated recycled water, retrofit outdoor irrigation to use gray water from laundry and other sources to irrigate replacement landscaping consisting of low water use, drought/salt tolerant landscaping are permanent requirements of the Subject Property. Owners and Water Management District further agree that the maximum permitted water use at the Subject Property is limited to supply the potable water requirements for retirement facility consisting of:

· 58 independent living, 1 bed units

· 35 independent living, 2 bed units

· 18 assisted living units

· 26 skilled nursing units

NOTICE IS FURTHER GIVEN that Owner(s), and each of them, irrevocably grant to the Water Management District, the right to access and disseminate to the public-at-large any and all information relating to delivery and/or use of water from any and all sources, including but not limited to private wells, municipal systems and/or public utilities such as the California-American Water Company on the Subject Property.

NOTICE IS FURTHER GIVEN that all water use data relating to delivery and/or use of water on the Subject Property shall be publicly disclosed.

NOTICE IS FURTHER GIVEN that this binding agreement 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). The agreement to release water use data shall bind future property owners and/or tenants to the same extent it binds the current Owner(s) and each is deemed to have waived any right to privacy to the release of this data for the duration of this restriction.

The Owner(s) and 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 during all times that water use data are disclosable 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 Water Permit No. {INSERT PERMIT NO.}. But for the limitations and notices set forth above, approval of this water permit would otherwise be withheld and found to be inconsistent with the Water Management District Rules and Regulations.

This Notice and Deed Restriction shall be recorded against the Subject Property. Any transfer of this property, or an interest therein, is subject to its terms.

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 Provide Public Access to Water Use Data. 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 of 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

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