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capital facilities fee, a traffic fee, and a general, specific or parcel tax. Any funding mechanism of the type referred to in the preceding sentence, if adopted by the 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 ten years. 3. City's Responsibilities. In the event the assessment mechanism or other similar funding mechamsm appears to impose economically infeasible levels of costs upon the Property, the City shall explore alternative financing methods, provided, however, that the City retains the right to make the final determination of the appropriate funding mechanism. 4. Attorney's Fees. If City or Property Owner commences an action against the other arising out odor i onnection with this Agreement, the prevailing party shall be en*atled tc recover reasonable attorneys' fees and costs of suit. 5. Notice. Any notice and communication required or provided for under the Agreement sh la given in writing and sent by ordinary mail to the following addresses. City: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Property Owner: Pacific Bell Telephone Company 2600 Camino Ramon, Room 3E402 San Ramon, CA 94583 Attn: Director of Real Estate Any notification required to be made by the City shall also be sent to the parties shown as the property owner on the latest equalized assessor's roll. Any party or successor-in-interest may change the foregoing address by giving notice of a new address to each other party in the manner herein provided. Notice shall be considered received upon actual receipt or, if mailed as described above, on the second business day after the date of mailing. 6. Successors in Interest. This Agreement shall run with the land and be binding upon any and 1 heirs, assigns and successors in interest of the Property Owner as owner of all, or any portion of, the Property. As used in this Agreement, the term "Property Owner" refers to Property Owner and its successors and assigns as owner of the Property, but only in its and their respective capacities as the owner of all, or any portion of, the Property. 7. Release of Lien. The city manager shall execute and deliver to the Property Owner following Property Owner's performance of its obligations under Section 2, upon Property Owner's request, a legal document, in recordable form, which removes this Agreement as an exception to title on the Property. -2-