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• ~ 680/West Las Positas Boulevard freeway interchange (the "Interchange Costs"), and to pay the construction costs and related costs, including but not limited to engineering, city inspections and financing, for additional park and recreational facilities (the "Park Costs"), 2. Property Owner's Responsibilities. A. If City decides to form an assessment district or other similar district (i.e., one in which owners of property within the proposed district either must not protest or must affirmatively vote in favor of the formation of such district in order for the district to be formed) for the I-680/West Las Positas interchange, and/or for the design and construction of additional park and recreational facilities, Property Owner agrees that it either will not protest the establishment of the assessment (or similar) district, or will affirmatively vote for the creation of the district. The Property Owner will retain the right to protest that the allocation of costs among various properties is inequitable under any proposed funding mechanism. In no event will the Property, or any portion thereof, be assessed for more than its fair share of the Interchange Costs, based upon objective traffic studies using reasonable assumptions. In no event will the Property, or any portion thereof, be assessed for more than its fair share of the Park Costs, based upon (a) objective studies documenting the frequency and intensity of use of the City's parks and recreational facilities by non-resident employees employed in the City in relation to the overall use of the City's parks and recreational facilities, and (b) the amount of such use reasonably attributable to the Property. B. Property Owner acknowledges that the City is considering other types of funding mechanisms to fund the Interchange Costs and/or the Park Costs. These include, but are not limited to, a capital facilities fee, a traffic fee, a park fee for the development or redevelopment of commercial, office and/or industrial property, and a general, specific or parcel tax.. Any funding mechanism of the type referred to in the preceding sentence, if adopted by City, will be adopted and implemented in accordance with all laws and requirements applicable to the same, and nothing in this Agreement is intended to modify in any way any of the rights of Property Owner, or the requirements to which City is subject, with respect to the implementation of any funding mechanisms; provided, however, that City agrees that any such funding mechanism to fund the Interchange Costs will permit payment to be amortized over a period of not less than ten years. C. Notwithstanding subsection B, if City adopts a park fee for the development or redevelopment of commercial, office and/or industrial property, Property Owner shall pay as to any portion of the Property for which a building permit has been -2-