04 - Laserfiche WebLink

Council. The City Council shall provide the Developer with an opportunity to be heard and present evidence on the issue of ecnnnmir feasihility. The City Council' s decision shall be based on substantial evidence. If Developer still disagrees with City Council ' s determination the matter shall be submitted to the arbitration in accordance with American Arbitration Association rules, and Developer shall pay for the cost of arbitration. The arbitrators selected stall be experienced in real estate economics. 4.3 Scope of Additional Mitigations. Additional Mitigations shall be limited to mitigations which reasonably benefit the North Pleasanton Properties and are necessitated by North Pleasanton development. In the event impacts from North Pleasanton development cause more than fifty percent (50%) of the need for a mitigation, Developer shall not protest formation of an assessment district to finance the cost of the mitigation which shall encumber only the North Pleasanton Properties. An example would be the determina- tion by the City Council that_ the W. Las Positas/I-600 interchange had become necessary due to cumulative impacts of North Pleasanton development . In the event impacts from North Pleasanton development cause less than fifty percent (50%) of the need for the mitigation, the Developer ' s obligation shall be limited to its prorata contribution to the problem with the balance to be obtained from other sources. 9.