25C - NEWPORT WATERSHED COOPERATIVE AGMT. (2)

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Agreement No. D99-12E WHEREAS, the adopted TMDLs contain requirements for studies, monitoring and the development of programs to attain TMDL reduction targets over a multi-year period; and, WHEREAS, the ORIGINAL PARTIES entered into Agreement No. D99-128 on September 18, 2003, referred to hereinafter as "AGREEMENT", to provide funding for the Nutrient, Fecal Coliform and Toxics Total Maximum Daily Load (TMDL) studies in the Newport Bay Watershed; and, WHEREAS, the PARTIES approved Amendment No. 1 to AGREEMENT on July 5, 2006, which amended Sections 3 (Funding), 4 (Program Budgets and Costs), 5 (Payments), 10 (No Third Party Beneficiaries), and 16 (Notices), and Exhibits A and C in their entirety and added the California Department of Transportation, LENNAR, Tustin Legacy Community Partners, and Orange County Great Park Corporation as AGREEMENT participants; and, WHEREAS, the PARTIES approved Amendment No. 2 to AGREEMENT on March 29, 2008 to extend the term of the AGREEMENT for two (2) years to be consistent with the end of the current phase of the Nitrogen and Selenium Management Program and to recognize prior payments for services made directly by the California Department of Transportation and IRWD, for work plan development and Bay algae studies respectively; and, WHEREAS, pursuant to Section 6 of the AGREEMENT, the AGREEMENT may be amended in writing only with the unanimous written approval of the PARTIES; and, WHEREAS, Tustin Legacy Community Partners has terminated its development agreement for the Tustin Marine Corps Air Station and withdrawn from the AGREEMENT effective June 30, 2010; and, WHEREAS, due to State budget constraints the California Department of Transportation has withdrawn from the AGREEMENT effective June 30, 2010 and will address its discharges independently; and 2 Final version 7/8/201 25C-3