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Amendment No. 1 to Agreement No.D99-12 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />total budget cost, (2) TLCP will contribute a fixed two and one half percent (2.5°s) of <br />the total budget cost, (3) LENNAR will contribute a fixed two and one half percent <br />(2.50) of the total budget cost, (4) GPC will contribute a fixed two percent (2.Oo) of <br />the total budget cost, and (5) the ORIGINAL PARTIES will cost-share eighty eight <br />.percent (880) of the total budget costs; <br />WHEREAS, the ORIGINAL PARTIES will further cost-share their 88% allocation <br />based upon the original cost-share formula in the AGREEMENT, such that (1) the COUNTY, <br />DISTRICT and CITIES contributions are based on the watershed land area and population <br />applied to the formula in the Amendment and Reinstatement of the National Pollutant <br />Discharge Elimination System Stormwater Implementation Agreement dated June 25, 2002, <br />and (2) TIC and IRWD contributions are based on a fixed twelve and one-half percent <br />((12.5%) each. <br />NOW, THEREFORE, in consideration of the foregoing, it is agreed by and <br />between the PARTIES hereto that the AGREEMENT shall be amended as follows: <br />Section 1. Each and all of the provisions of the AGREEMENT remains in <br />full force and effect, except that Section 3, Section 4, Section 5, Section 10 and <br />~ Section 16 and Exhibit A and Exhibit C are amended in their entirety, as follows: <br />Section 2. Section 3 of the AGREEMENT, entitled ~~FUNDING," shall be <br />amended to read in full as follows: Exhibit A, which is attached to this AMENDMENT <br />and by this reference is made a part hereof, presents the cost-share allocations for <br />the PARTIES. As stated in Exhibit A (Table A-1), for the duration of the AGREEMENT as <br />amended, the ORIGINAL PARTIES shall provide eighty-eight percent (88%) of the total <br />budget costs, CALTRANS shall provide five percent (S.Oo) of the total budget costs, <br />TLCP shall provide two and one half percent (2.5=s) of the total budget costs, LENNAR <br />shall provide two and one half percent (2.50) of the total budget costs, and Orange <br />County Great Park Corporation shall provide two percent (2.0%) of the total budget <br />costs. As shown in Exhibit A (Table A-2), the ORIGINAL PARTIES' eighty eight percent <br />(880) share of the total budget costs (hereafter 'ORIGINAL COST ALLOCATION") shall be <br />cost-shared between an urban allocation and an open space allocation. The urban <br />allocation shall remain at seventy five percent (750) of the ORIGINAL COST ALLOCATION <br />2 <br />