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25 and all necessary permits and authorizations from BCDC that are required for the Park Element. The final design for the Park Element shall be approved by the City in its sole discretion and approved by BCDC. City and Developer shall use good faith efforts to coordinate and make compatible the construction schedules for the City’s construction of the Park Element with Developer’s construction of Project Elements adjacent to the Park Element. 4.3. Harbor Element. The City shall be responsible for performing demolition within the San Leandro Marina Harbor (“Harbor”) adjacent to the Property in order to make a clean, aesthetically appropriate and environmentally sound environment, at City’s expense. The City’s obligation to cause the demolition within the Harbor is expressly made contingent upon the close of escrow for the conveyance of the Single Family Parcel from City to Developer pursuant to the Single Family PSA between City and Developer. The demolition within the Harbor shall be in conformance with the Scope of Development as set forth in the DDA. The final plan for the Harbor demolition shall be approved by the City in its sole discretion and approved by BCDC. Subject to compliance with the DDA Scope of Development, public trust requirements and all Applicable Laws, City has sole discretion of the extent of the demolition within the Harbor. Notwithstanding the foregoing, Developer shall, at its sole cost and expense, relocate the Wes McClure public boat launch located on the outside of the Harbor from its current location to Pescador Point, as further described in this Agreement. City and Developer shall use good faith efforts to coordinate and make compatible the construction schedules for the City’s construction of the Harbor Element with Developer’s construction of Project Elements adjacent to the Harbor Element. 4.4. Vested Rights. City hereby grants to Developer the vested right to develop the Project on the Developer Acquired Property, including all on-site and off-site improvements required in connection with the Developer Acquired Property, as authorized by and in accordance with, the Project Approvals. Such rights shall be subject to the City’s Reserved Powers and the following requirements; provided that the vested rights set forth in this Section 4.4 shall apply only to the Developer Acquired Property upon and after the date of the Developer’s acquisition of the Developer Acquired Property, and shall not be applicable to those portions of the Property that have not been acquired in fee or ground leased by Developer. The permitted uses of the Developer Acquired Property, the minimum and maximum density, number of commercial, retail and residential units, the intensity of use, the maximum height and size of the proposed buildings, provisions for reservation or dedication of land for public purposes, the conditions, terms, restrictions, and requirements for subsequent discretionary actions, the provisions for Public Improvements and financing of Public Improvements, and the other terms and conditions of development applicable to the Developer Acquired Property are as set forth in: (a) The General Plan of City on the Agreement Date, including the General Plan Amendments (“Applicable General Plan”); (b) The Zoning Ordinance of City on the Agreement Date, including the Zoning Amendment (“Applicable Zoning Ordinance”); (c) Other rules, regulations, ordinances and policies of City applicable to development of the Developer Acquired Property on the Agreement Date, except for any and all