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1. Desi2n Phase A. Conceptual Plans After contract award, and prior to any construction beginning, the selected Proposer shall prepare, and submit for City approval, a proposed Conceptual Plan for the design of the Restaurant including restrooms. The Conceptual Plan must incorporate elements which make the Restaurant compatible with the design of the Pier and oceanfront setting. The appearance of the Restaurant is subject to approval by the City, at its sole discretion, which will not be umeasonably withheld. Extra consideration will be given to Proposers that include a description of the Conceptual Design or intended theme in the RFP package but is not necessary. B. Design The Proposer shall incorporate into the Restaurant design as many features of the Leadership in Energy and Environmental Design for New Construction (LEED-NC) Green Building Rating System as necessary to fulfill the requirement s to meet the criteria of LEED-NC. The Proposer shall submit all renderings, photographs, floor plans, specification sheets, cut sheets, proposed paint schemes and graphics for all furnishings, fixtures, equipment, and soft goods to the City for approval. The Restaurant design must comply with all the design parameters and building requirements of the City's Code of Ordinances and South Florida Building Codes. 2. Construction Phase A. Restaurant and Restroom 1. The selected Proposer shall have access to the premises for build out once that portion of the pier and the shell are substantially complete. 2. The selected Proposer shall perform all construction and improvements in compliance with the Building Code and with all necessary permits and approvals. City approval of the design and plans must be obtained prior to submission to the Building Department. 3. The Proposer shall submit to the City a cost estimate of the build out of the Restaurant, including all furnishings, fixtures and proposed equipment, and a comprehensive timeline for the start-up of the Restaurant including the construction phase. The Proposer shall bear all costs associated with all improvements of, and fixtures and equipment installations at, the Restaurant. All such improvements and installations shall become the property of the City at the time of termination or default of the Lease Agreement by either party. This cost estimate is due within 30 days after approval of design and concept. 4. The selected Proposer shall be expected to complete the build out of the Restaurant before the Restaurant's anticipated full operational date of June 1,2010. In the case that delays are beyond the reasonable control of the selected Proposer, the City may, at its sole discretion, grant a written extension. Failure to comply with this provision may result in termination of the contract. 5. The selected Proposer shall have access to the number of parking spaces required per City Code to be shared with the Pier, Park and Newport Beachside Hotel and Resort. The selected 4