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~ ~ <br />issued the fee which would have been applicable had such park fee <br />been in place at the time the building permit was issued. This <br />agreement to pay such park fee as to portions of the Property for <br />which the building permits have been issued will remain in effect <br />for two years from the date of this Agreement. The City shall <br />spread the payment of any such fee over a period of at least five <br />years. <br />3. City's Responsibilities. In the event the <br />assessment mechanism or other similar funding mechanism appears <br />to impose economically infeasible levels of costs upon the <br />Property, the City shall explore alternative financing methods, <br />provided, however, that the City retains the right to make the <br />final determination of the appropriate funding mechanism. <br />4. Previous Agreement. The Property remains subject <br />to a previously recorded agreement between the City and Robert E. <br />Meyer, dated June 22, 1982, Series No. 82-140679, Office of the <br />County Recorder, Alameda County, concerning the payment of <br />traffic mitigation improvements. .Notwithstanding the foregoing, <br />if there are any terms in this Agreement that conflict with the <br />prior agreement, this Agreement shall be primary and shall take <br />precedence over the prior agreement; however, if Section VIII of <br />the prior agreement is substantially changed so that it is no <br />longer consistent with the terms of this Agreement and the <br />Property Owner consents, this Agreement shall be superseded by <br />the prior agreement. <br />5. Attorneys' Fees. If City or Property Owner <br />commences an action against the other party arising out of or in <br />connection with this Agreement, the prevailing party shall be <br />entitled to recover reasonable attorneys' fees and costs of suit. <br />6. Notice. Any notice and communication required or <br />provided for under the Agreement shall be given in writing and <br />sent by ordinary mail to the following addresses: <br />City: City Manager <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, California 94566 <br />Property Owner: CalProp L.P. <br />c/o Highridge Partners <br />300 North Continental Boulevard <br />Suite 370 <br />El Segundo, California 90245 <br />Attention: Jack Mahoney <br />With a copy to: Sidley & Austin <br />555 West Fifth Street <br />Los Angeles, CA 90013-1010 <br />Attention: James F. Donlan, Esq. <br />-3- <br />