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V. O~ER'S RIGHTS <br /> <br /> With reference to each of the agreements contained <br /> <br />herein to place the project site into one or more assessment <br />districts, benefit districts, or other district or funding <br />mechanism requiring approval of all or a majority of <br />properties so included, the Owner agrees to either (1) not <br />protest the establishment of the district, or (2) to <br />affirmatively vote for the creation of the district or <br />other mechanism, depending on the manner of creation of the <br />funding mechanism. However, Owner retains the right to <br />protest the type of improvements, costs, and their allocation <br />among various properties and within the project as to equitable- <br />ness and reasonableness under any of the above-mentioned <br />funding mechanisms. City agrees to exercise best efforts <br />to enforce this provision in a fair and evenhanded manner as <br />between this project and other projects subject to mitigation <br />measures agreements. <br /> <br /> In the event the assessment mechanism appears to impose <br /> economically infeasible levels of cost upon the ~roject site, <br /> the City agrees to explore alternative financing methods. <br /> <br /> City agrees that if mitigation measures specified pursuant <br />to paragraph 56 of the PUD, as amended from time to time, <br />became necessary, Owner will pay City for costs of a traffic <br />study. Based upon such traffic study, City will promptly <br />identify specific appropriate mitigation measures which shall <br />be reasonable and City will cooperate to make assessment <br />district financing available to Owner to implement such <br />mitigation measures. <br /> <br /> -6- <br /> <br /> <br />