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<br />Amendment No.2 to Agreement No.D99-128
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<br />AMENDMENT NO. 2
<br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL)
<br />STUDIES IN THE NEWPORT BAY WATERSHED
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<br />THIS AMENDMENT, for purposes of identification numbered Amendment No. 2 to
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<br />4 Agreement No. D99-128, is made and entered into this
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<br />day of
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<br />, 2008, by
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<br />and between the County of Orange ("COUNTY"), the Orange County Flood Control District
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<br />("DISTRICT"), the City of Costa Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"),
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<br />the City of Laguna Hills ("LAGUNA HILLS"), the City of Laguna Woods ("LAGUNA WOODS"),
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<br /> the City of Lake Forest ( "LAKE FOREST") , the City of Newport Beach ( "NEWPORT BEACH") ,
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<br /> the City of Orange ("ORANGE") , the City of Santa Ana ("SANTA ANA") , the City of Tustin
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<br /> ("TUSTIN"), the Irvine Ranch Water District ("IRWD") , The Irvine Company ("TIC") , the
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<br />California Department of Transportation ("CALTRANS"), Tustin Legacy Community Partners
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<br />("TLCP"), Lennar Homes of California, Inc. ("LENNAR"), and Orange County Great Park
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<br />Corporation ("GPC"). The seventeen entities are hereinafter sometimes jointly
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<br />13 referred to as the "PARTIES" and individually as "PARTY". The cities are hereinafter
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<br />14 sometimes jointly referred to as the "CITIES". Thirteen entities (all entities except
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<br />for CALTRANS, TLCP, LENNAR, and GPC) are sometimes jointly referred to as the
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<br />"ORIGINAL PARTIES."
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<br />WITNESSETH
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<br />WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on
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<br />September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the
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<br />Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the
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<br />Newport Bay Watershed; and,
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<br />WHEREAS, the PARTIES approved Amendment 1 to Agreement No. D99-128 on July
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<br />5, 2006, which amended Section 3 (Funding), Section 4 (Program Budgets and Costs),
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<br />23 Section 5 (Payments), Section 10 (No Third Party Beneficiaries), Section 16 (Notices),
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<br /> Exhibit A, and Exhibit C of the AGREEMENT in their entirety and added CALTRANS, TLCP,
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<br /> LENNAR, and GPC as AGREEMENT participants; and,
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<br /> WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be
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<br /> amended in writing only with the unanimous written approval of the PARTIES; and,
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<br />25F-31
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