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Amendment No. 2 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 />AMENDMENT N0. 2 <br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) <br />STUDIES IN THE NEWPORT BAY WATERSHED <br />THIS AMENDMENT, for purposes of identification numbered Amendment No. 2 tc <br />Agreement No. D99-128, is made and entered into this day of 2008, by <br />and between the County of Orange ("COUNTY"), the Orange County Flood Control District <br />("DISTRICT"), the City of Costa Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"), <br />the City of Laguna Hills ("LACUNA HILLS"), the City of Laguna Woods ("LACUNA WOODS"), <br />the City of Lake Forest ("LAKE FOREST"), the City of Newport Beach ("NEWPORT BEACH"), <br />the City of Orange ("ORANGE"), the City of Santa Ana ("SANTA ANA"), the City of Tustin <br />("TUSTIN"), the Irvine Ranch Water District ("IRWD"), The Irvine Company ("TIC"), the <br />California Department of Transportation ("CALTRANS"), Tustin Legacy Community Partners <br />("TLCP"), Lennar Homes of California, Inc.("LENNAR"), and Orange County Great Park <br />Corporation ("CPC"). The seventeen entities are hereinafter sometimes jointly <br />referred to as the "PARTIES" and individually as "PARTY". The cities are hereinafter <br />sometimes jointly referred to as the "CITIES". Thirteen entities (all entities except <br />for CALTRANS, TLCP, LENNAR, and CPC) are sometimes jointly referred to as the <br />~"ORIGINAL PARTIES." <br />WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on <br />September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the <br />Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the <br />Newport Bay Watershed; and, <br />WHEREAS, the PARTIES approved Amendment 1 to Agreement No. D99-128 on Julyl <br />I5, 2006, which amended Section 3 (Funding), Section 4 (Program Budgets and Costs), <br />Section 5 (Payments), Section 10 (No Third Party Beneficiaries), Section 16 (Notices), <br />Exhibit A, and Exhibit C of the AGREEMENT in their entirety and added CALTRANS, TLCP, <br />(LENNAR, and GPC as AGREEMENT participants; and, <br />WHEREAS, according to Section 6 of the AGREEMENT, the AGREEMENT may be <br />amended in writing only with the unanimous written approval of the PARTIES; and, <br />25F-31 <br />