25D - AGMT - TOXICS PRG NEWPORT BAY WATERSHED

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Exhibit At Amendment #1 to Agreement No. Dl l -066 FIRST AMENDMENT TO AGREEMENT TO FUND NUTRIENT, FECAL COLIFORM AND TOXICS TOTAL MAXIMUM DAILY LOAD ( "TMDL ") PROGRAMS IN THE NEWPORT BAY WATERSHED This first amendment ( "Amendment ") to the Agreement No. D11 -066 ( "Agreement ") is made and entered into this day of , 2015 by and between the County of Orange ( "County "), the Orange County Flood Control District ( "District "), the City of Costa Mesa ( "Costa Mesa "), the City of Irvine ( "Irvine "), the City of Laguna Hills ('Laguna Hills "), the City of Laguna Woods ( "Laguna Woods "), the City of Lake Forest ( "Lake Forest "), the City of Newport Beach (`Newport Beach "), the City of Orange ( "Orange "), the City of Santa Ana ( "Santa Ana "), the City of Tustin ( "Tustin "), the Irvine Ranch Water District ( "IRWD "), Irvine Company ( "TIC "), and Lennar Homes of California, Inc. ( "Lennar"). The fourteen entities are sometimes referred to individually as "Party" or collectively as the "Parties ". RECITALS WHEREAS, the Parties entered into the Agreement on June 26, 2012 for a three year period through June 30, 2015 to provide funding for the Nutrient, Fecal Coliform and Toxics TMDL programs in the Newport Bay Watershed; WHEREAS, Section 2 of the Agreement states that "(T)he AGREEMENT may be renewed for an additional three (3) years running July 1, 2015 to June 30, 2018 with approval of the PARTIES"; and WHEREAS, the Parties, through this Amendment, now desire to renew the Agreement for three (3) additional years until June 30, 2018. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Term, The term of Agreement shall be renewed for a period of three (3) years running July 1, 2015 to June 30, 2018. 2. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. 25D -31 589994 1 of 15