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Agreement No. D99-12E <br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD (TMDL) <br />STUDIES IN THE NEWPORT BAY WATERSHED <br />THIRD AMENDMENT AND FULL RESTATEMENT OF AGREEMENT <br />THIS THIRD AMENDMENT, for purposes of identification numbered D99-128, is made <br />and entered into this day of , 2010 , by and between the County of <br />Orange ("COUNTY"), the Orange County Flood Control District ("DISTRICT"), the City of <br />Costa Mesa ("COSTA MESA"), the City of Irvine ("IRVINE"), the City of Laguna Hills <br />("LAGUNA HILLS"), the City of Laguna Woods ("LAGUNA WOODS"), the City of Lake Forest <br />("LAKE FOREST"), the City of Newport Beach ("NEWPORT BEACH"), the City of Orange <br />("ORANGE"), the City of Santa Ana ("SANTA ANA"), the City of Tustin ("TUSTIN"), the <br />Irvine Ranch Water District ("IRWD") and The Irvine Company ("TIC"), and Lennar Homes <br />of California, Inc.("LENNAR"). The fourteen entities are hereinafter sometimes <br />jointly referred to as the "PARTIES" and individually as "PARTY". The cities are <br />hereinafter sometimes jointly referred to as the "CITIES". Thirteen entities (all <br />entities except for LENNAR) are sometimes jointly referred to as the "ORIGINAL <br />PARTIES." <br />ra7mT=0 CL mU <br />WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region <br />("REGIONAL BOARD") has adopted Resolution No. 98-9, as amended by Resolution No. 98- <br />100 amending the Water Quality Control Plan for the Santa Ana River Basin to <br />incorporate a Nutrient TMDL for the Newport Bay/San Diego Creek Watershed on April 17, <br />1998 and Resolution 99-10 amending the Water Quality Control Plan for the Santa Ana <br />River Basin to incorporate a TMDL for Fecal Coliform in Newport Bay on April 9, 1999 <br />pursuant to the provisions of section 303(d) of the Clean Water Act; and, <br />WHEREAS, the United States Environmental Protection Agency (USEPA) has <br />established TMDLs for toxic pollutants, San Diego Creek and Newport Bay, California or <br />June 14, 2002, and the REGIONAL BOARD is developing implementation plans for each of <br />the toxic pollutants; and, <br />1 <br />Final version 7/8/201 <br />25C-2