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4.1 Development. of Property. City agrees that it shall not exercise its discretion to impose Additional Mitigations in a manner which will materially interfere with the development of the Property for the uses and to the density and intensity set forth in the PUD. 4.2 Economic Viability. City shall not impose Developer's obligation to participate in the financing of Additional Mitigations if such obligation will impose economically infeasible levels of cost upon the Property. The determination of economic feasibility shall be subject to the reasonable and good faith discretion of the City Council. The City Council shall provide the Developer with an opportunity to be heard and present evidence on the issue of economic feasibility. The-..City- Council's.. decision shall- be--base~--an substantial evidences. If Developer still disagrees with City Council's determination, the matter shall be submitted to arbitration in accordance with Code of Civil Procedure rules, Section 1282, et seq.., and Developer shall pay for the cost or arbitration. The arbitrators selected shall be experienced in real estate economicska~d-shall be based upon the record and,be ~ limited to whether the determination of City Council was supported by substantial evidence. 4.3. Subordination of. Obligation to Finance Additional Mitigations - SUBORDINATION AGREEMENT. TAIS AGREEMENT CONTAINS A SUBORDINATION CLAUSE WHICA MAY RESULT IN A SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF A LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. Except to the extent assessment or benefit districts are -8-