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Agreement No. D99-128 <br /> <br /> 1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />16 <br /> <br />17 <br /> <br />18 <br /> <br />19 <br /> <br />20 <br /> <br />21 <br /> <br />22 <br /> <br />23 <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />be necessary for further monitoring, studies and load reduction implementation <br />projects over the period covered by the TMDLs; and, <br /> <br /> WHEREAS, the PARTIES recognize that some expenditures required for compliance <br />with the TMDLs have been incurred prior to this agreement and that these costs are <br />incorporated in Exhibit C-1. <br /> <br /> WHEREAS the PARTIES have reached agreement on a funding formula, which for the <br /> COUNTY, DISTRICT and CITIES is based on the watershed land area and population applied <br /> to the formula in the Amendment and Reinstatement of the National Pollutant Discharge <br /> Elimination System Stormwater Implementation Agreement dated June 25, 2002, and which <br /> <br /> for TIC and IRWD is based on a fixed twelve and one-half percent (12.5%) contribution. <br /> NOW, THEREFORE, in consideration of the foregoing, the PARTIES agree as follows: <br /> Section 1. PURPOSE. This AGREEMENT is entered into for the purpose of funding <br /> and performing studies, research, monitoring and the development of programs related <br /> to the adopted TMDLs for nutrients, fecal coliform and toxics in San Diego Creek and <br /> Newport Bay watersheds. <br /> <br /> Section 2. TERM. The term of this AGREEMENT shall commence upon approval and <br /> execution of this document by all signatories to this AGREEMENT and shall continue <br /> until June 30, 2008, unless sooner terminated as provided in Section 8. <br /> <br /> Section 3. FUNDING. Exhibit A, which is attached and by this reference is made <br /> a part hereof, presents the cost share allocations for the PARTIES. <br /> <br />IThe urban allocation in Exhibit A shall remain at seventy five percent (75%) for the <br />duration of the AGREEMENT, but the individual cost shares for the COUNTY, DISTRICT and <br />CITIES will be revised once every year pursuant to the formula provided in Exhibit B, <br />which is attached hereto and made a part hereof, based on changes in watershed land <br />area and population. The percentage share shall be calculated by the COUNTY Public <br />Facilities and Resources Department, Environmental Resources Section from population, <br />land area and watershed area data. These calculations shall be completed by January 1 <br />of each year and shall be included in the annual budget proposal. The respective <br />shares of IRWD and TIC shall remain at twelve and one half percent (12.5%) each for <br /> <br /> the duration of this AGREEMENT. <br /> <br /> 2 <br /> <br /> <br />