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HomeMy WebLinkAboutNEWPORT BAY WATERSHED - 2015Exhibit A- Amendment #I 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. Dll -066 ( "Agreement ") is made and entered into this day of_ (t 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 1V-) RECITALS N v A- 2015 -233 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, 201.8 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, 2918, NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Terre. The term of Agreement shall be renewed fox a period of three (3) years rarming July 1, 2015 to June 30, 2018. 2, CCa italized Terms, Any capitalized terms not defined herein shall have the meanings set forth in the Agreement. 589994 10f15 Amendment 0 to Agreement No, D11.066 3. Counte• rpart8. This Amendment may be executed in two or mare coanterpaxts, each of which shall be deemed an original, bu t all of which together shall constitute but one and the same instrument. 4. Pull Force. Except as expressly set forth herein, the Agreement shall remain unmodified and In hull force and effect. 589994 2 of ZS Date: Date: APPROVED AS TO FORM COUNTY COUNSEL Deputy Date: Amendment #1 to Agreement No. DI1-066 COUNTY OF ORANGE, a political subdivision of the State of California Chairman. of the Board of Supervisors County of Orange, California ORANGE COUNTY FLOOD CONTROL DISTRICT a body corporate and politic Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. Sec 25103, Reso 79- 1535 Attest: By Robin Stleler Interim Clerk of the Board County of Orange, California 989994 3 of15 Anxandlneut NI to Agreement No,1D'II.066 CITY OF COSTA MESA Mayor APPROWD AS TO FORM: ATTEST: City Clerk City Attorney of Costa Mesa 589994 4 of 15 Amandmont #1 to Agreameot No. DII.066 CITY Of IRVINE Date; Mayor APPROVED AS TO FORM; ATTE91% City Clerk City Attorney of Irvine 589994 S of 15 Amendment #1 to Agreement No, Dl1 -466 CITY OF LAGUNA HILLS By: APPROVED AS TO HORNS: ATTEST: Mayor City Clerk City Attorney of Laguna Hills 589994 6 o.05 Amendment #1 to Agroement No, DII -066 CITY OF LACUNA WOODS Date; Mayor APPROVED AS TO FORM: ATTEST; City Clerk City Attorney of Laguna Woods 589994 7 of 1S Amendment #1 to Agreement No. DII -066 CITY OF LAKE FOREST Date: Mayor APPROVED AS TO FORM: ATTEST: City Clerk City Attorney of Lake Forest 589994 8 of I5 Amendment Of to Agreement No. DII -066 CITY OF NEWPORT BEACH By; Mayor APPROVED AS TO FORM! ATTEST; City Clerk City Attorney of Newport Bench 589994 9 of n Amendment 01 to Agreement No, DI 1-066 CITY OF ORANGE By: APPROVED AS TO FORM: ATTEST: Mayor City Clerk City Attorney of Orange 589994 10 of 15 ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Citindova e By: JosI Chi stant City Attorney CITY OF SANTA ANA DAVID AVAZOS City Manager Amendment#1 to AgreementNo, DII -066 CITY OF TUSTIN Mayor APPROVED AS TO FORM: ATTEST: City Cleric City Attorney of Tustin 589994 12 of 15 Amendment #1 to Agreement No. Dl 1-066 THE IRVINE+ RANCH WATER DISTRICT 0 By: 589994 13 of 19 Amendment ffl to Agreement No, DII.066 IRVINE COMPANY Date: By: By: Name: 589994 14 of 15 Amendment 01 to Agreement No. D11 -466 Lennar Homes of California, Date: By: Name: Title: By: Title: 589994 15 of.75