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EXHIBIT 2 <br />Agreement No. D11-066 <br />AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY <br />LOAD ("TMDL") PROGRAMS IN THE NEWPORT BAY WATERSHED <br />THIS AGREEMENT, for purposes of identification numbered D11-066, referred to hereinafter as <br />"AGREEMENT", is made and entered into this day of , 201, by and between the <br />County of 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 ("LAGUNA <br />HILLS"), the City of Laguna Woods ("LAGUNA WOODS"), the City of Lake Forest ("LAKE FOREST"), <br />the City of Newport Beach ("NEWPORT BEACH"), the City of Orange ("ORANGE"), the City of Santa <br />Ana ("SANTA ANA"), the City of Tustin ("TUSTIN"), the Irvine Ranch Water District ("IRWD") and the <br />Irvine Company ("TIC'), and Lennar Homes of California, Inc.("LENNAR"). The fourteen entities are <br />hereinafter sometimes jointly referred to as the "PARTIES" and individually as "PARTY." The cities are <br />hereinafter sometimes jointly referred to as the "CITIES." The CITIES, COUNTY and DISTRICT are <br />hereinafter sometimes jointly referred to as the "MUNICIPAL PARTIES." Thirteen entities (all entities <br />except for LENNAR) are sometimes jointly referred to as the "ORIGINAL PARTIES." <br />WITNESSETH <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. 98-100 <br />amending the Water Quality Control Plan for the Santa Ana River Basin to incorporate a Nutrient TMDL <br />for the Newport Bay/San Diego Creek Watershed on April 17,1998 and Resolution 99-10 amending the <br />Water Quality Control Plan for the Santa Ana River Basin to incorporate a TMDL for Fecal Coliform in <br />Newport Bay on April 9, 1999 pursuant to the provisions of section 303(d) of the Clean Water Act; and, <br />WHEREAS, the United States Environmental Protection Agency (USEPA) has established TMDLs <br />for toxic pollutants, for San Diego Creek and Newport Bay, California on June 14, 2002, and the <br />REGIONAL BOARD is developing implementation plans for each of the toxic pollutants; and, <br />Page 1 of 22 <br />25A-5