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Bernal Avenue Associates/City of Pleasanton Agreement <br /> October 14, 1986 <br /> Page 8 <br /> <br /> shall not be construed as an action of noncompliance under the <br /> terms of this Agreement. <br /> <br /> 4. LIMITATIONS ON OBLIGATION TO FUND ApDITIONAL MITIGATIONS. <br /> <br /> Notwithstanding anything herein to the contrary, <br /> <br /> Developer's obligations with respect to Additional Mitigations <br /> shall be limited as follows: <br /> <br /> 4.1 Development. Of Property. City agrees that it shall <br /> not exercise its discretion to impose Additional Mitigations in <br /> a manner which will materially interfere with the development <br /> of the Property for the uses and to the density and intensity <br /> set forth in the PUD. <br /> <br /> 4.2 EcOnomic Viability. City shall not impose <br />Developer's obligation to participate in the financing of <br />Additional Mitigations if such obligation will impose <br />economically infeasible levels of cost upon the Property. The <br />determination of economic feasibility shall be subject!Go the <br />reasonable and good faith discretion of the City Council. The <br />City Council shall provide the Developer with an opportunity to <br />be heard and present evidence on the issue of economic <br />feasibility. The City Council's decision shall be based on <br />substantial evidence. If Developer still disagrees with City <br />Council's determination, the matter shall be submitted to <br />arbitration in accordance with Code of Civil Procedure rules, <br />Section 1282, et seq., and Developer shall pay for the cost or <br />arbitration. The arbitrators selected shall be experienced in <br /> <br /> <br />