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1995-1121_ORANGE ,COUNTY OF_1st Amd to Memorandum of Understanding.0 acip `0� FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND THE COUNTY OF ORANGE REGARDING THE PRIMA DESHECHA LANDFILL This First amendment is made and entered into this )-I day of nIV , 1995, by and between the County of Orange, hereinafter referred to as "COUNTY", and the City of San Juan Capistrano, hereinafter referred to as "CITY", and is made to the Memorandum of Understanding between the parties dated September 12, 1995, hereafter collectively referred to as the MOU. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The Sound/Visual Berms Section, is amended by deleting Paragraph, Section 1, C Sound/Visual Berms in its entirety, and substituting the following: Paragraph I, C, - Sound/Visual Berm CITY and COUNTY agree to cooperate in the construction of an earthen berm per Exhibit A in order to buffer residential units from noise and view of vehicles traveling to LANDFILL on La Para. Said berm shall be approximately eight (8) feet high, and nine hundred (900) feet long. Berm shall be designed in a manner to minimize the need for extra right-of-way and to accommodate existing topography as much as possible. CITY and COUNTY shall agree on technical specifications of berm design prior to its construction. Should additional right-of-way be needed, CITY and COUNTY agree to cooperate in negotiations with appropriate landowner (s). If the California Integrated Waste Management Board receives a letter from the City of San Juan Capistrano by November 27, 1995, which satisfies the General Plan Consistency requirements of Public Resources Code Section 50000, COUNTY shall pay total cost of said berm, including but not limited to, engineering and design, right of way acquisition and construction costs. Construction shall include hydroseeding or similar method of erosion control. COUNTY agrees to repair berm as necessary. Construction shall be completed within one (1) year of permit issuance. If General Plan Consistency finding persuant to Section 50000 is not sent by City to the CIWMB by November 27, 1995, COUNTY's share of total cost shall be $45,000 and construction shall begin at a date mutually agreed to by CITY and COUNTY. All other terms and conditions of the agreement remain unchanged. IN WITNESS VWREOF, the parties hereto have execut this First Amendment to the Memorandum of Understanding on the dates opposite their respective signatures: DATED: N^ : 2 > 195 COUNTY OF ORANGE, a political subdivision of the State of Cdgornia By: tJ ✓4 / ✓ Roger Stat bn, Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD k0d—Uu s1. E ° .zz-,, pu' Kathleen E. Goodno, Acting Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: LAURENCE M. WjATSON, DATED. January 2, 1996 ATTEST: I � Cheryl Johnso# iMttrkeik ASSISTANT COUNTY COUNSEL APPROVED AS TO F RM: Richard Denhalter, City Attorney of the City of San Juan Capistrano, California DATED: CITY OF SAN JUAN CAPISTRANO By: -f- Wyatt Harto Mayor DATED: I Z / n ^..'^91 : 1 ? Pfx'I TF('T PI GNN f FN, ? 9A9-31@!:-3 SAN JUAN CAPISTRANO i i i 3. RAM %- '� • �P ,S LOCATION MAP No..l_Q PlL.la DEL RID SAN CLEMENTE ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY PROPOSED SOUND BERM LA PATA AVENUE SCALE : V -30W I TMMAS GUIDE :97U4 - Attachment A