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9 Developer shall be responsible for and pay for the design of the Golf Course Element. The design work shall be completed by a consultant approved by the City. The final design for the Golf Course Element is subject to review and approval in writing by the City Manager in consultation with the Directors of the Public Works and Engineering & Transportation Departments, respectively. The final design for the Golf Course Element shall be approved by the City in writing, with input from applicable community groups. Developer shall provide an implementation plan that includes (a) a golf course redesign plan that includes input from applicable community groups, (b) a detailed budget and schedule for completion of the Golf Course Element, and (c) evidence of commitments for the proposed funding for the Golf Course Element sufficient to ensure timely completion (the “Golf Course Implementation Plan”). Developer and City shall also enter into a Public Improvement Agreement in substantially the form of Exhibit Q attached hereto (the “Public Improvement Agreement”) regarding the construction of certain public improvements throughout the Project which shall, among other things, (i) set forth the procedures and requirements for inspection and acceptance of the Golf Course Element by the City, and (ii) contain the acknowledgement of the Parties that, following such acceptance of the Golf Course Element, the City shall have the exclusive obligation to operate and maintain the Golf Course Element. The Public Improvement Agreement shall require that the work performed thereunder is in compliance with the Prevailing Wage Laws, as defined in Section 1.6.1 hereof. The City’s approval of the Golf Course Implementation Plan, the parties’ execution of the Public Improvement Agreement for the Golf Course Element, and Developer’s furnishing of all bonds and/or other security required by the Public Improvement Agreement, Developer’s application for Building Permits, Grading Permits and Demolition Permits, Developer’s entrance into a contract with a qualified general contractor for construction, and Developer’s compliance with any other applicable Seller’s Conditions to Closing, as set forth in Section 5.3 of the Purchase and Sale Agreement, shall be conditions precedent to the close of escrow for City’s sale of the Single Family Parcel to Developer. 1.4.3. Developer Hotel Element. The Developer Hotel Element shall be located on that portion of the Property described in Exhibit D, attached hereto and incorporated herein by this reference (the “Developer Hotel Parcel”). Developer shall design and construct on the Developer Hotel Parcel a First Class Hotel (as defined in the Developer Hotel Ground Lease) with between 200 and 220 rooms, publicly accessible outdoor space, parking, lighting, landscaping, ancillary food and beverage amenities and all site utilities, all in conformance with the Scope of Development, City Building and Zoning codes, and pursuant to plans to be approved by the City. The Developer Hotel Element may consist of two distinct hotels which share common facilities such as a lobby. Parking for the Developer Hotel Element shall be provided in accordance with all applicable requirements of the San Leandro Zoning Code or as otherwise approved by the City. Developer shall also perform demolition, grading, site preparation (including sea level rise mitigation), and install surface improvements for the portions of the publicly accessible Bay Trail path located adjacent to the Developer Hotel Parcel, in accordance with the Scope of Development. City and Developer shall mutually agree upon a budget for such improvements. In accordance with City Municipal Code, Chapter 7-13, a credit against the applicable Park Facilities Development Impact Fee, in an amount equal to the cost of such public facility and in accordance with the approved budget, shall be provided by the City. The Developer Hotel Element shall include an approximately 5,000 square-foot full-service