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A- 2c~c>> -r'j <br />Amendment No. 1 to Agreement No.D99-12 <br />1 AMENDMENT NO. 1 <br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) <br />2 STUDIES IN THE NEWPORT BAY WATERSHED <br />3 THIS AMENDMENT, for purposes of identification numbered Amendment No. 1 to <br />f <br />4 Agreement No. D99-128, is made and entered into this ~~ day of ~u~.-''I _,~ 2006 <br />5 ("AMENDMENT"), by and between the County of Orange ("COUNTY"), the Orange County Flood <br />6 Control District ("DISTRICT"), the City of Costa Mesa ("COSTA MESA"}, the City of <br />7 Irvine (~~ZRVINE"), the City of Laguna Hills ("LACUNA HILLS"), the City of Laguna Woods <br />("LACUNA WOODS"), the City of Lake Forest ("LAKE FOREST"), the City of Newport Beach <br />8 ' <br />("NEWPORT BEACH"), the City of Orange ("ORANGE"), the City of Santa Ana ("SANTA ANA"), <br />9 <br />the City of Tustin ("TUSTIN"), the Irvine Ranch Water District ("IRWD"), The Irvine <br />10 <br />Company ("TIC"), the California Department of Transportation ("CALTRANS"), Tustin <br />11 Legacy Community Partners ("TLCP"), Lennar Homes of California, Inc.("LENNAR"), and <br />12 Orange County Great Park Corporation ("CPC"). The seventeen entities are hereinafter <br />13 sometimes jointly referred to as the "PARTIES" and individually as "PARTY". The cities <br />14 are hereinafter sometimes jointly referred to as the "CITIES". Thirteen entities (all <br />15 entities except for CALTRANS, TLCP, LENNAR, and CPC) are sometimes jointly referred to <br />as the "ORIGINAL PARTIES." <br />1& <br />WITNESSETH <br />17 <br />WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on <br />18 <br />September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the <br />19 Nutrient, Fecal Goliform and Toxics Total Maximum Daily Load (TMDL) studies in the <br />20 Newport Bay Watershed; and, <br />21 WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be <br />22 amended in writing only with the unanimous written approval of the ORIGINAL PARTIES; <br />23 11 and, <br />WHEREAS, the ORIGINAL PARTIES agree to amend the AGREEMENT to add <br />24 <br />CALTRANS, TLCP, LENNAR and GPC as PARTIES to the AGREEMENT; and, <br />25 <br />WHEREAS, the PARTIES have reached agreement on a new funding formula, <br />26 <br />which states that (1) CALTRANS will contribute a fixed five percent (S.Oo) of the <br />1 <br />