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A -2012 -134 <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 26 �"t day of 3tA"5 201 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 Lerman Homes of California, Ina( "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 Bashi 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 />25101M 2 <br />