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contract as determined by the City in its sole discretion. <br />f) The final design for the Park Element shall be approved by the City in its sole <br />discretion and approved by the San Francisco Bay Conservation and Development <br />Commission ("BCDC"). <br />8. Park Promenades. <br />a) Developer shall be responsible for the construction of the portions of the Park <br />Element located along the San Francisco Bay shoreline, adjacent to the Developer <br />Hotel Parcel ("Hotel Promenade") and on the Multifamily Parcel ("Multifamily <br />Promenade") (collectively referred to herein as the "Park Promenades"), in <br />accordance with Sections 1.4.3 and 1.4.4 of the DDA, and as shown on the <br />Shoreline Responsibility Map of the DDA (Exhibit R to the DDA), except as <br />modified herein. <br />b) Such development work shall include all necessary improvements, including Site <br />Preparation as described herein and all underground infrastructure and surface <br />improvements necessary for the construction of the Park Promenades. <br />c) Surface improvements shall include the construction of a multiuse trail within such <br />area as required and approved by BCDC, including the integration of an Emergency <br />Vehicle Access within the construction of the Bay Trail adjacent to the Developer <br />Hotel Element as defined by, and/or modified by, Fire Department requirements <br />and approvals. <br />d) Surface improvements shall also include, but are not limited to, <br />all walkways, viewing stations, overlooks, hardscape (concrete, asphalt, <br />decomposed granite), planters, planter walls, benches and other FF&E, <br />structures, kiosks, restrooms, picnic areas, water quality detention <br />areas, trees, shrubs, irrigation, ground cover, and 90 days' plant establishment and <br />maintenance. <br />e) Developer shall design all Multifamily and Developer Hotel Elements in such a way <br />as to maintain public access to the Park Promenades as may be required by BCDC. <br />(f) City and Developer shall mutually agree upon a budget for such improvements. <br />9. Harbor Element <br />a) The City shall perform demolition at the San Leandro Marina Harbor adjacent to <br />the Property in order to make a clean, aesthetically appropriate and environmentally <br />sound environment, in conformance with plans approved by the City, BCDC and <br />other applicable agencies. <br />b) The City's obligation to cause the demolition within the Harbor is expressly made <br />contingent upon the close of escrow for the conveyance of the Single Family Parcel <br />from City to Developer pursuant to the Single Family PSA between City and <br />Developer. <br />5 <br />