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<br />D:PM1A ~~~~ A-2008-258
<br />S6uY~~r,.,,yarii Amendment No. 2 to Agreement No.D99-12
<br />P 1 ~ ~°°~
<br />E
<br />AMENDMENT NO. 2
<br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD MDL)
<br />STUDIES IN THE NEWPORT BAY WATERSHED
<br />THIS AMENDMENT, for purposes of identification numbered Amendment No. 2 to
<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 ("LAGUNA HILLS"), the City of Laguna Woods ("LAGUNA 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 />i.
<br />.California Department ;of Transportation ("CAL.TRANS"), Tustin Legacy .Community Partners
<br />!i ~ ~ ,
<br />it ("TLCP") , Lennar Homes' of.~:~alifornia, Inc`. ("LENNAR") , and Orange County,- Great Park _.
<br />(Corporation ("GPC"). 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 GPC) are sometimes jointly referred to as the
<br />"ORIGINAL PARTIES."
<br />WITNESSETH
<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 July
<br />5, 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,
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