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Agreement No. D99-121 <br />AGREEMENT TO FUND NUTRSENT, FECAL COL=FORM AND TOX2C5 TOTAL MAXSMUM DAILY LOAD (TMDL) <br />S TUD S E S SN THE NEW PORT BAY WATERSHED <br />TH 2 RD AMENDMENT AND FULL RESTATEMENT OF AGREEMENT <br />THSS THSRD AMENDMENT, for purposes of identification numbered D99-128, is made <br />and entered into this ISM day of _?u l? 2010 by and between the County of <br />Orange ("COUNTY") the Orange County Flood Control District ("DSSTRSCT") the City o£ <br />Costa Mesa ("COSTA MESA") the City o£ 2rvine ("2RVSNE") the City o£ Laguna Hi11s <br />("LACUNA HSLLS") the City of Laguna Woods ("LACUNA 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 o£ Tustin ("TUSTSN") the <br />Swine Ranch Water District ("SRWD") and The Srvine Company ("TSC") and Lennar Homes <br />of California, Snc.("LENNAR") The fourteen entities are hereinafter sometimes <br />jointly referred to as the "PARTSES" and individually as "PARTY" The cities are <br />hereinafter sometimes jointly referred to as the "CITSES" Thirteen entities (all <br />entities except for LENNAR) are sometimes jointly referred to as the "ORSG2NAL <br />PARTIES." <br />WSTNESSETH <br />WHEREAS, the California Regional Water Quality Control Board, Santa Ana Region <br />("REGSONAL BOARD") has adopted Resolution No. 98-9, as amended by Resolution No. 9H- <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) o£ the Clean Water Act; and, <br />WHEREAS, the United States Environmental Protection Agency (USEPA) has <br />established TMDLS for toxic pollutants, San Diego Cre elc and Newport Bay, California on <br />June 14, 2002, and the REGSONAL BOARD is developing implementation plans for each of <br />the toxic pollutants; and, <br />1 <br />Final Version 7/8/2010