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C. the dedication of the New Area to the City by means and in a form <br />acceptable to the City; <br />d. the provision of adequate security by Developer for the completion of all <br />public improvements to be constructed by Developer under this Agreement in the form of <br />a cash deposit, letter of credit or bond, in a form acceptable to the City in its sole <br />discretion; <br />e. completion by Developer and acceptance by the City of all public <br />improvements contemplated by this Agreement and as specifically set forth in the <br />abandonment ordinance. <br />2.8 Total Cost Paid by Developer. Subject to the approval of an abandonment <br />ordinance by the San Marcos City Council, and all conditions and restrictions therein, under <br />paragraph 2.7, Developer shall be responsible for payment of its share of costs, inclusive of <br />engineering and design costs, associated with relocating the 12 inch waterline and constructing <br />the New Water Main in the New Area and any other related public improvements. In <br />consideration of the City entering into this Agreement, the Developer acknowledges that it is <br />aware of preliminary cost estimates for the design and relocation of the 12 inch waterline and for <br />the design and construction of the New Water Main and that Developer is willing to proceed <br />under this Agreement with the understanding that the actual costs may exceed such amounts. <br />Developer further acknowledges that is also responsible for the costs associated with design and <br />construction of improvements to address the storm water runoff and overflow from the City's <br />Water Pressure Maintenance Facility ( "WPMF ") as noted in subsection (a) below. <br />a. Associated Costs from Storm Water Runoff. The WPMF, which includes <br />the Comanche Standpipe Tank, conveys storm water runoff as well as occasional <br />overflows of the Tank overland to Peachtree Street which then conveys such storm runoff <br />and/or overflows to an existing natural drainage feature. The Developer's proposed <br />Project would conflict with the existing route of storm runoff and overflows from the <br />WPMF. If the San Marcos City Council adopts an ordinance approving the ROW <br />Abandonments, Developer will, therefore, pay for all costs associated with extending a <br />combination storm runoff and overflow drain line that extends to the natural drainage <br />feature, or other agreed upon location, to serve the WPMF Tank and any other future <br />facilities constructed on the WPMF site due to the abandonment of Peachtree Street <br />ROW and the Project. <br />2.9 Access Across City Property. In further consideration of the benefits to <br />the City under this Agreement, the City, through its authorized representatives, will coordinate <br />with Developer to identify a suitable path across land owned by the City for access to the Project <br />Site off of Sessom Drive at the intersection with Comanche Street. If the authorized <br />representatives of the Parties agree on the location of the path for access, Developer shall obtain <br />and provide to the City a survey of the proposed access route. If the authorized representatives <br />of the Parties reach mutual agreement regarding the location of the access route, the City's <br />authorized representative will, concurrently with the requests for the ROW Abandonments, place <br />