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Agreement No. MA -080-18011416 <br />WHEREAS, the Newport Bay Nutrient, Fecal Coliform, and Toxics TMDLs (collectively referred <br />to as "Newport Bay TMDLs") contain requirements for studies, monitoring, and the development of <br />programs to attain TMDL targets over a multi-year period; and, <br />WHEREAS, the Newport Bay TMDLs are included in the National Pollutant Discharge <br />Elimination System Municipal Stormwater Permit ("NPDES Permit"), Order No. R8-2009-0030, issued to <br />the Municipal Parties by the Regional Board, which encourages a cooperative watershed program <br />approach; and, <br />WHEREAS, the Parties entered into Agreement No. D99-128 on September 18, 2003 and <br />subsequent amendments on July 5, 2006, March 29, 2008, and July 8, 2010, to provide funding for the <br />studies and implementation activities related to the Newport Bay TMDLs; and, <br />WHEREAS, the Parties subsequently entered into Agreement No. Dll-066 on June 26, 2012 as a <br />successor to Agreement No. D99-128, with a further amendment on October 20, 2015; and, <br />WHEREAS, the Parties intend this Agreement as a successor to Agreement D11-066, to provide <br />for the performance of. additional studies, research, monitoring, reporting, development and/or revision <br />of programs related to the Newport Bay TMDLs; assessmentand development of programs related to <br />current and future Clean Water Act §303(d) listings and/or NPDES Permit requirements for watershed <br />management plans; actions in response to threats of administrative enforcement and citizen suits; and <br />planning, permitting, design, construction, and maintenance of TMDL pilot projects; and, <br />and, <br />WHEREAS, the Parties have reached agreement on funding shares which are shown in Exhibit A; <br />WHEREAS, the Parties hereto share a common interest in the regulatory compliance gained <br />through the activities to be funded and performed pursuant to this Agreement, and the Parties further <br />acknowledge that each Party is entering into this Agreement for such purpose; there are common <br />issues/questions of law and fact among the Parties; it is the understanding of each Party that, in the <br />Page 2 of 23 <br />V6-13-2018 Final for Approval <br />25K-8 <br />