Project Demand Clause Samples

Project Demand. Peak sewer flow from the Project’s On-Site Sewer Lift Station is derived from the Beaumont Pointe Development Sewer Lift Station and Force Main Preliminary Design Report dated October 2023 (“On-Site PDR”). The On-Sight PDR identifies a peak dry weather sewer flow of 170 GPM from the Project and a peak sewer flow of 233 GPM from the On-Site Sewer Lift Station to the Beaumont Crossroads Lift Station (“Reserved Off-Site Flow”). The Crossroads Design Memorandum for the downstream Crossroads Lift Station (as defined in 2.8.3) sizes the Crossroads Lift Station Upgrades based on this peak sewer flow of 233GPM. The On-Site PDR derives the peak sewer information based upon the land uses, building square footage and acreage for the Project as provided in the Crossroads Design Memorandum and Table 1 in Exhibit “E” to this Agreement. The Crossroads Design Memorandum (Table 2 to Exhibit “E”) also identifies the peak sewer generation flows for each Planning Area within the Project based upon the uses, square footage and acreage in Table 1 of Exhibit “E” to this Agreement. The On-Site PDR has not been approved by City and is subject to further study and analysis by the City’s consultants. Therefore, the On-Site PDR and Exhibit “E” are subject to such modification and change as determined by the City’s consultant and such study with changes and modifications shall be deemed and defined as the On-Site PDR. Except as set forth in this Section 2.12, peak sewer flow from the Project to the Crossroads Lift Station shall be limited to the Reserved Off-Site Flow. In light of the construction by Owner of the Crossroads Lift Station Upgrades creating the Reserved Off-Site Flow, the Reserved Off-Site Flow for the Project is reserved as a vested right. If the Reserved Off-Site Flow to the Crossroads Lift Station is modified in any revised On-Site PDR, the Parties shall record a Minor Amendment to this Agreement establishing the new Reserved Off-Site Flow and the sizing of the Crossroads Lift Station Upgrades shall be adjusted accordingly. The On-Site PDR and the Crossroads Design Memorandum shall not impose a requirement on Owner to design or construct peak sewer flow capacity over and above that required for the Project except with regards to the Additional Wet Well Capacity (as defined in 2.8.3).