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(c) Public Roadways. In the event the Company elects to seek abandonment <br />of all or part of Carlson Circle, the Company shall dedicate a Public Access Easement, in <br />conjunction with the construction of a public roadway along the western perimeter of the <br />Project Site. The City will guide the Company through the construction approval process <br />in good faith. The Company may, at any time, notify the City of its election to seek such <br />abandonment and realignment of Carlson Circle and initiate the design and construction <br />of such public street realignment, at no cost to the City, through the City's public <br />improvements construction plan review and approval process. Upon City's approval of <br />the Company's public improvement construction plans, in accordance with applicable <br />ordinances and street standards, the Company may initiate a request for street <br />abandonment proceedings for that portion of Carlson Circle that is abutted on both sides <br />by the Project Site in accordance with the requirements of applicable City ordinances and <br />state law. The Company acknowledges and agrees that the approval of such abandonment <br />is a legislative act of the San Marcos City Council and that this Agreement cannot and <br />does not oblige the City Council to approve such abandonment. If the City Council does <br />not approve such abandonment, the Company shall have no recourse against the City as a <br />result of such non - approval. If the street abandonment is approved, the abandonment <br />ordinance may provide for a delayed effective date contingent upon completion and <br />acceptance by the City Engineer of the new section of Carlson Circle constructed for the <br />realignment. Until such time as such portion of Carlson Circle may be permanently <br />abandoned, the City shall coordinate with the Company to implement measures that create <br />sufficient access to public rights -of -way adjacent to the Project Site to provide for the safe <br />and efficient operation of the Project. Such measures may include, but are not limited to, <br />7 <br />