Outfall Facility and Drainage Discharge Easement Sample Clauses

Outfall Facility and Drainage Discharge Easement. In order to facilitate the construction of the Project contemplated by Section 1 of this Agreement, and as consideration for the mutual covenants herein provided, Sunfield Municipal District No. 3 shall grant a permanent outfall facility infrastructure and non-exclusive drainage easement and non-exclusive temporary construction easements (collectively the “Discharge Easement”) to the City upon, across, under and within the Property in substantially the form attached hereto and incorporated herein as Exhibit F. The scope of said Discharge Easement shall be limited to the maximum City/GBRA treated effluent discharge quantity (peak and average) authorized by the City’s/GBRA’s TPDES permit (TPDES Permit No. WQ0011060001) at the Property’s outfall location, not to exceed 2 MGD average (and corresponding peak flow) except on subsequent agreement of the Parties, and the continued validity of the Discharge Easement is contingent upon the Districts, or the Districts’ successor in interest securing a TPDES permit modification(s) from the TCEQ authorizing the Districts’ (or successor in interest) effluent discharge into the Waterway in the amount of 2.3 MGD or more, inclusive of the Districts’ existing permitted discharge quantity of .99 MGD or, provided that the Districts have received the permit modification(s) in the amount of 2.3 MGD, the City’s payment of its maximum obligation to GBRA provided under Section 2(c) below to complete the Necessary Actions, as defined below, for the benefit of the Districts. Upon issuance of said permit modification(s) or payment of the City’s maximum obligation, the contingency shall be satisfied and City shall be entitled to discharge treated effluent up to said maximum into perpetuity.
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