REGARDING LIMITATION ON USE

OF WATER ON A PROPERTY

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.

Improvements at the Subject Property include rough-in plumbing for areas under concrete tension slabs in grade, as shown on structural drawings dated {INSERT DATE OF DRAWINGS} submitted to both the {JURISDICTION} and the Water Management District. Owner(s) and the Water Management District further agree that the maximum permitted water use at the Subject Property is limited to supply the Potable water requirements for {TYPE OF DWELLING} 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, may have Showerhead above)

· Standard Bathtub (may have Showerhead above)

· 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 on the Subject Property.

NOTICE IS FURTHER GIVEN that present and/or future use of rough-in plumbing at the Subject Property site is prohibited by Water Management District Rules and Regulations. Legal use of this plumbing can occur only upon issuance of a discretionary Water Permit by the Water Management District with the concurrent approval of the {JURISDICTION}.

Owner(s) acknowledges that the conditions requiring the installation and maintenance of the Low Water Use Plumbing Fixtures and the limitation on water use fixtures referenced above have been voluntarily accepted as a condition of Water Permit No. {INSERT PERMIT NO.} 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 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 Water Management District to abide by the conditions of this Notice and Deed Restriction to enable issuance of Water Permit No. {INSERT PERMTI NO.}, and to restrict future use of the Subject Property to these terms, so as to enable present installation of rough-in plumbing for areas under concrete tension slabs in grade. But for the limitations and notices set forth herein, approval of this rough-in plumbing installation 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 subsequent transfer of this property, or any interest therein, will be subject to this Notice and Deed Restriction until the earliest of the following: (1) removal of all rough-in plumbing for areas under concrete tension slabs in grade, as shown on structural drawings dated {INSERT DATE OF DRAWINGS} submitted to both the {JURISDICTION} and the Water Management District, or (2) issuance of a Water Permit authorizing water use through the rough-in plumbing, or (3) nullification and rescission of this Notice and Deed Restriction by the subsequent recording of a less restrictive deed restriction by the Water Management District.

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. 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

Form 1.4 Template—Second Bathroom Special Fixture Accounting