Lizard Log Request for Proposals by Tonic Connective

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Lizard Log Commercial Recreation Hub â&#x20AC;&#x201C; RFP

Request for Proposals Lizard Log Commercial Recreation Hub 1521 The Horsley Drive, Abbotsbury NSW 2176 Development and Lease Closing Date: 19 December 2014 RFP number: 01WSPT2014

COPYRIGHT This Request for Proposals (“RFP”) document has been prepared by Western Sydney Parklands Trust for and on behalf of the Crown in the right of the State of New South Wales. This RFP is protected by Crown copyright. © State of New South Wales – Western Sydney Parklands Trust, for and on behalf of the Crown in right of the State of New South Wales, 2014. All rights reserved. No part of this RFP may be produced by any process, electronic or otherwise, in any material form or transmitted to any other person or stored electronically in any form, without the prior written permission of the State of New South Wales, except as permitted under the Copyright Act 1968. For the purposes of this RFP, inquiries should be directed to the Contact Officer of this RFP specified on page 2 of this document.

Lizard Log Commercial Recreation Hub – RFP

Table of Contents Foreword RFP Lodgement Details and Contact Summary 1. Introduction 1.1 Overview 1.2 Purpose of the RFP 1.3 RFP Process & Timetable

2 2 4 5 5 5

PART A – SITE INFORMATION 2. Context 2.1 Western Sydney Parklands 2.2 Western Sydney Parklands Act & SEPP 2.3 Plan of Management 2020 (2010) & Supplement (2014) 2.4 Planning and Land Use 2.5 Consent Authority 3. Property Details 3.1 Location 3.2 Indicative Lot Layout 3.3 Design Guidelines 3.4 Preferred Uses 3.5 Access 3.6 Services 3.7 Due Diligence Investigations & Assessments 3.8 Site Inspection 4. Agreement for Lease and Lease Terms 4.1 Indicative Agreement for Lease Terms 4.2 Indicative Lease Terms

6 6 6 6 6 6 6 8 8 9 9 10 10 10 11 11 12 12 13

PART B – PROPOSAL INFORMATION 5. Proposals 5.1 Proposal Schedules 5.2 Proposal Details 5.3 Lease Area 5.4 Financial Offer 5.5 Financial Capacity and Experience 5.6 Development Program 5.7 Lease Term and Period

14 14 14 14 14 14 14 14 14

5.8 5.9 6. 6.1 6.2 6.3 6.4 6.5 7. 7.1 7.2 7.3 7.4 8. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18

Content of Proposals Proponents Due Diligence Lodgement Lodgement of RFP Proposals RFP Closing Date and Time Facsimile and Email Proposals Late Proposals Clarification and Changes Assessment Assessment Criteria Assessment Process Negotiation Period Notification General RFP Terms Limited Purpose and Context of Request for Proposals Acknowledgement and Disclaimer No Contract Proponent Costs Joint Submissions Security, Probity, Risk and Financial Checks Proposals to be Legible Public Statements Trust’s Rights Conflict of Interest Canvassing False and Misleading Claims Collusive Bidding NSW Government Code of Practice for Procurement Unlawful Inducements Improper Assistance Consultants Probity Officer

APPENDICES Appendix 1 Appendix 2

15 15 16 17 17 17 17 17 18 18 19 19 19 20 20 20 20 20 20 20 20 20 20 21 21 21 21 21 21 21 21 21

Returnable Schedules including Financial Offer Due Diligence Package

Horsley Drive Business Park RFP - Development and Lease

Foreword Message from the Chairman The Lizard Log Commercial Recreation Hub presents an excellent opportunity for development and business operations alike. The offering allows proponents to take full advantage of the site attributes such as flexible zoning, convenient access, proximity to a large customer base, exposure and a natural setting. The site is located between the industrial locations of Wetherill Park and Eastern Creek, providing extensive catchment areas of potential customers. Further, the nearby Lizard Log picnic grounds present an additional customer segment to support business operations at the site. Development of the Lizard Log Commercial Recreation Hub is consistent with the following key objectives outlined in the Plan of Management (2020): ›› Create venues and spaces that promote sport and active recreation. ›› Promote the Parklands as a visitor and tourist destination. ›› Increase community use of the Parklands. ›› Maximise the use and community benefits of existing and new leased assets in the Parklands. This Request for Proposals seeks proponents interested to work collaboratively with the Trust to provide facilities and amenities for the community.

Message from the Director The approval of the Supplement to the Plan of Management earlier this year identifies the subject site as a Community and Passive Recreation Hub and provides further direction for the ongoing development of the Parklands. The Trust is eager to continue to activate the Lizard Log precinct with development which will complement the nearby picnic grounds and enhance the Parklands. The Trust recently undertook a $9 million upgrade to the Lizard Log picnic grounds which increased the capacity to accommodate 3,000 visitors for picnic and play and introduced an event space which has capacity for 5,000 visitors. New picnic facilities, toilets, a nature-based playground and car parking all attract visitors upon which adjacent businesses may leverage. The Trust is excited about the possible future development of the Lizard Log Commercial Recreation Hub, as another opportunity to work with private investors to activate the Parklands for the community. Suellen Fitzgerald Director

Brendan Crotty Chairman

RFP Lodgement Details and Contact Summary Request for Proposals No:

01WSPT2014

Title:

Lizard Log Commercial Recreation Hub RFP

Issue Date:

Tuesday 28th October 2014

Deadline:

2 :00 pm (Sydney Time), Friday 19th December 2014

Location:

NSW eTendering https://tenders.nsw.gov.au

Late Proposals:

Proposals are to be submitted no later than the Deadline specified above. Proposals received after that time may be considered invalid, unless it is clear that the cause of the lateness was beyond the Proponent’s control and, that in the opinion of the Contact Officer, there is no possibility that the integrity and competitiveness of the RFP process has been compromised.

Proposal Label & No. Copies:

Proposals are to be electronically submitted through NSW eTendering by the Proponent with the following subject: ‘Lizard Log Commercial Recreation Hub RFP 01WSPT2014’

Contact Officer:

Tim Colless Director, COPRAD Pty Limited On behalf of Western Sydney Parklands Trust Level 7, 10 Valentine Avenue, Parramatta NSW 2150 Phone: (02) 9895 7500 | Mobile: 0403 234 066

Lizard Log Commercial Recreation Hub â&#x20AC;&#x201C; RFP

The Lizard Log Commercial Recreation Hub presents an excellent opportunity for development and business operations alike. The offering allows proponents to take full advantage of the site attributes such as flexible zoning, convenient access, proximity to a large customer base, exposure and a natural setting.

Lizard Log Commercial Recreation Hub â&#x20AC;&#x201C; RFP

1. Introduction M7

GLENDENNING

WOODCROFT

Blacktown International Sportspark

Nurragingy Reserve

MT DRUITT Gr eat

We s t e

r n Hw

Kareela Reserve

Anne Aquilina Reserve

DOONSIDE Charlie Bali Reserve

The Rooty Hill

Bungarribee

Morreau Sporting M4 Reserve and Amphitheatre

HUNTINGWOOD M4

Sydney Motorsport Park

Prospect Nature Reserve

Western Sydney International Dragway

EASTERN CREEK

BLACKTOWN

Prospect Reservoir

Eastern Creek Waste Management Centre Austral Bricks

WETHERILL PARK

HORSLEY PARK Lizard Log M7

Sydney International Equestrian Centre

The Dairy

ABBOTSBURY

CECIL PARK

Calmsley Hill City Farm Plough and Harrow

Sydney International Shooting Centre

Key Business Hub

Kemps Creek Nature Reserve

CECIL HILLS

AUSTRAL

Sport and Active Recreation Hub Community and Passive Recreation Hub

Shale Hills

Tourism Hub

WEST HOXTON

Bushland Corridor Gazetted Conservation Area

Not to Scale

LEPPINGTON

Existing Parklands Track Future Indicative Parklands Track Creek Water Supply Canal and Pipelines Infrastructure Rail

Lizard Log Commercial Recreation Hub – RFP

1.1 Overview The Western Sydney Parklands Trust (Trust) issues this Request for Proposals (RFP) for the development and lease of all or part of the RFP Lot (Lot 3 DP857289) at 1521 The Horsley Drive, Abbotsbury NSW which forms part of the Lizard Log Commercial Recreation Hub. Owned by the Trust, the RFP Lot area is approximately 19,340m² and located near the corner of The Horsley Drive and Cowpasture Road, Abbotsbury. Access will be provided to the RFP Lot across a portion of land along the southern boundary and together the parcels comprise the Total Site for the purposes of this RFP. The RFP Lot is part of a Community and Active Recreation Hub and provides flexible development options subject to relevant planning consents. Subject to relevant approvals, development may include a hotel, café and/or restaurant, conference or function centre, child care centre, health care or medical services and other facilities to service the community.

1.2 Purpose of the RFP The Trust seeks to identify prospective organisations, or partnerships of organisations, with the experience and commercial capacity to develop and lease the RFP Lot (or part thereof) from the Trust. This RFP is the first stage of the process to enter into a contractual relationship with one or more parties with regard to the development and lease of part of the RFP Lot.

1.3 RFP Process & Timetable The RFP process will be conducted in accordance with the terms and conditions contained in this RFP document. An Assessment Panel may provide advice to the Trust in the consideration of proposals. Proposals are to be made using Appendix 1 Response Schedules and Financial Offer and will be assessed in accordance with the Assessment Criteria and Assessment Process included in Section 7.1 and Section 7.2 respectively.

Following assessment of the proposals, the Trust at its sole discretion, may decide to: ›› Shortlist one or more Proponents at the discretion of the Trust; and ›› Enter into exclusive or non-exclusive negotiations with one or more shortlisted Proponents for part of the RFP Lot with a view to finalising an Agreement for Lease acceptable to and for execution by the Trust; or ›› Invite one or more shortlisted Proponents to submit more detailed information; or ›› Not select any Proponent and terminate the RFP process; or ›› Issue an invitation for a second public tender or Request for Proposals for all or part of the RFP Lot or Total Site.

An indicative timetable for the conduct of this RFP is described below. This timetable may be amended by the Trust from time to time. Any amendments will be notified to all Proponents if made prior to the Closing date and to all shortlisted Proponents if made after shortlisting.

Issue of RFP

Tuesday 28 October 2014

Closing date for Proposals

Friday 19 December 2014

Assessment & Shortlisting

December 2014 – February 2015

Heads of Agreement Execution

March 2015

Agreement for Lease Negotiation

March 2015 – May 2015

Agreement for Lease Execution

June 2015

Lizard Log Commercial Recreation Hub â&#x20AC;&#x201C; RFP

PART A - SITE INFORMATION

Ferrers Road

2. Context Eastern Creek Waste Management Centre Austral Bricks Prospect Reservoir

Westlink M 7

Wall grov e Ro

HORSLEY PARK

Red m

ayn

Horsley West Business Hub

e Ro

The Horsley Drive

Horsley Park Business Hub

Sport & Active Recreation Hub

Horsley Drive Community Business Hub & Passive Recreation Hub

Sydney International Equestrian Centre

Cow

Saxon y

Bo rd er

CECIL PARK

pas tu

Ro ad

re R oad

Lizard Log

Road Cot

Moonrise Lookout

swo

ld R oad

The Dairy

Wallgrove Road Business Hub

Sugarloaf Ridge

Fairfield Precincts 9-11 Calmsley Hill City Farm

ABBOTSBURY

Bushland Corridor Gazetted Conservation Area LGA Boundary

Community & Passive Recreation Hub Plough and Harrow

CECIL HILLS Not to Scale

Elizabeth Drive

Gas Infrastructure Electricity Infrastructure Creek

Lizard Log Commercial Recreation Hub – RFP

The Trust has commissioned an independent land use assessment which proposed uses including hotel, café, restaurant, conference/function centre and health-related services.

2.1 Western Sydney Parklands The Western Sydney Parklands (Parklands) stretches 27 kilometres from Quakers Hill to Leppington covering 5,280 hectares through the three Local Government Areas (LGA) of Blacktown, Fairfield and Liverpool. The Parklands is one of the largest urban parkland systems in Australia and internationally. While much of the land has yet to be developed for its long term purpose, long term planning has identified a diverse range of recreation, community, tourism, sporting and business hubs, linked by high quality bushland, walking and cycling networks and urban farmlands. In order to create a sustainable future for this significant community asset in Western Sydney, and to promote community use and involvement in the Parklands, the Trust is proposing development of various hubs including Community and Passive Recreation Hubs. All revenues from these projects will be used by the Trust to fund the continuous development of new community facilities, environmental management, cultural events and programs and ongoing land management.

2.2 Western Sydney Parklands Act & SEPP The Trust was constituted under the Western Sydney Parklands Act 2006 (NSW) (WSP Act) which establishes the breadth of the functions and powers that the Trust may exercise. This includes the uses to which the land vested in or owned by the Trust may be put. In addition, the State Environmental Planning Policy (Western Sydney Parklands) 2009 (WSP SEPP) facilitates development of the Parklands. The Trust must exercise its functions in accordance with the WSP Act. That Act imposes restrictions on the ability of the Trust to lease, licence or sell the land and on the proposed use of the land. Leases for broad commercial purposes in excess of 25 years will be subject to Ministerial approval.

2.3 Plan of Management 2020 (2010) & Supplement (2014) The Parklands Plan of Management 2020 (Plan) establishes the vision, principles and strategic directions (including objectives and outcomes) for management of the Parklands to 2020 and was adopted by the Minister for Western Sydney on 25 January 2011. The Supplement to the Plan (Supplement) was approved in 2014 following extensive community and stakeholder consultation and provides further details of the Trust’s approach to asset development. The RFP Lot is part of a ‘Community and Passive Recreation Hub’ as identified within the Plan and Supplement, defined as follows: Regional passive recreation and entertainment with significant picnic and playgrounds, event spaces and venues and ancillary facilities such as parking, cafés and function centres, education centres and connections to the Parklands Track and other track networks. The hub is located within ‘Precinct 10 – Abbotsbury’ of the Plan and the component being offered under this RFP totals approximately 1.93 hectares. Long-term planning for the residual of the hub has not been progressed and will not be considered as part of this RFP. The Plan and Supplement, along with other relevant information are available for download from the Parklands website (http://westernsydneyparklands.com.au).

2.4 Planning and Land Use Under the WSP SEPP, only “Development for the purposes of residential accommodation is prohibited in the Western Parklands” however development will need to be subject to the appropriate development application process. Effectively, all land uses except residential accommodation are permissible with required planning approvals.

The RFP Lot forms part of the approved strategic frameworks of the Plan and Supplement however the Trust has not prepared a specific planning application. Additional to the definition of Community and Passive Recreation Hubs in Section 2.3, the land use table within the Plan includes the following examples: “Meeting rooms, community centres and associated facilities” and potential land uses suggested include “venues and ancillary facilities such as parking, cafés and function centres, education centres”. The Trust has commissioned an independent land use assessment which proposed uses including hotel, café, restaurant, conference/function centre and health-related services.

2.5 Consent Authority In accordance with State Environmental Planning Policy (State and Regional Development) 2011 (SRD SEPP), development that has a capital investment value of more than $10 million will be deemed to be State Significant Development and the Minister will be the consent authority for development applications on the Land. This relates to lands on the Western Sydney Parklands Map within the meaning of WSP SEPP. Please note that the SRD SEPP of 2011 supersedes the WSP SEPP of 2009 with respect to capital investment value thresholds. For developments with a capital investment value of less than $10 million, the local authority, Fairfield City Council (Council) will be the consent authority.

Lizard Log Commercial Recreation Hub – RFP

3. Property Details RFP Lot

Total Site

Address

1521 The Horsley Drive Abbotsbury NSW 2176

Cobham Street & 258 Cowpasture Road Abbotsbury NSW 2176

Title Details

Lot 3 DP857289

Part ‘Cobham Street’ Part Lot 101 DP48524 Part Lot 10 DP858643

Site Area (approximate)

19,340m²

27,280m²

Local Government Area

Fairfield City Council

Zoning

Unzoned as per SEPP (Western Sydney Parklands) 2009

3.1 Location

networks including Westlink M7 and features both exposure and privacy.

The RFP Lot is located at 1521 The Horsley Drive, Abbotsbury, within the Fairfield LGA in Western Sydney. It is approximately 39 kilometres west of Sydney’s CBD and 13 kilometres southwest of Parramatta. The subject site offers convenient access to major road

Other surrounding attractions and hubs within the Parklands include: ›› Sydney International Equestrian Centre ›› Horsley Drive Business Park ›› Horsley Park Urban Farming Precinct ›› The Dairy Picnic Grounds ›› Moonrise Lookout

RNA

L RO

The RFP Lot is located within Lizard Log Commercial Recreation Hub, an area identified for potential future development which is bound by Lizard Log Drive to the south, The Horsley Drive to the north and east and the Sydney Water Supply Channel

to the west. The Lizard Log Commercial Recreation Hub adjoins Lizard Log; a natural bushland setting which comprises picnic grounds, BBQ’s, playgrounds, an amphitheatre and an event pavilion along with car parking for over 450 vehicles and has recently received a $9 million upgrade to increase capacity to 3,000 visitors per day. A key objective of the Trust for the site is to achieve an integrated development which is complementary to and expands on the Lizard Log facilities into the long-term.

POT

ENT

IAL

INT E

LOT A

LOT C LOT B

Access 1

Figure 1: Indicative Lot Layout (LFA)

Lizard Log Indicative Lot Layout

2011-3360-MP-02 27 Oct. 2014

20m

Scale 1:800 @ A3 sheet

Lizard Log

3 Lizard Log Commercial Recreation Hub – RFP

The site’s prime location leverages from the number of businesses in the Wetherill Park / Smithfield industrial precinct and the Western Sydney Employment Area, as well as the population of nearby residential communities.

›› Sugarloaf Ridge

›› Accessibility / proximity to major residential population and visitor groups.

›› Calmsley Hill City Farm ›› Plough and Harrow Picnic Grounds

An Indicative Lot Layout is shown in Figure 1 (and Appendix 2) and shows possible smaller configurations labelled Lot A, Lot B and Lot C. Note that alternative layouts are available, subject to acceptance of the Trust.

›› Access to multiple market segments (i.e. access to day / weekend / holiday customers).

Development benefits of the RFP Lot include:

3.2 Indicative Lot Layout

›› Flexible zoning providing potential for a unique operator / point of difference (subject to relevant approvals). ›› Exposure to The Horsley Drive near the intersection of Cowpasture Road. ›› Areas protected from passing vehicles providing a setting of natural beauty. ›› Accessibility via the existing Lizard Log road and to major road networks including Westlink M7.

Subject to necessary approvals, the Trust would be prepared to subdivide the RFP Lot to accommodate Proposals for smaller land parcels for part of the RFP Lot. The Trust may lease the entire RFP Lot (including the proposed internal access road) however the Trust reserves the right to not accept such Proposals if they are not considered to be in the best interests of the Trust.

AL R OAD

›› Proximity to the Wetherill Park employment area.

ERN IAL ENT POT

LOT C

Roa d

LOT B

Acc ess Existing main carpark entry to Lizard Log Recreational Area

Possible new water feature

Access 1

Existing substation

Access 2

Possible Access to Lot C (not by WSPT) To path link and main carpark in Lizard Log Recreational Area

Figure 2: Indicative Site Layout (LFA)

LFA (Pacific) Pty Ltd (LFA) has prepared Design Guidelines for the RFP Lot for the Trust (see Appendix 2). The intention of the Design Guidelines is to assist Proponents to understand the Trust’s objectives and the subject property in general. The Design Guidelines are provided for guidance only and do not necessarily reflect any preferred development outcomes of the RFP Lot.

Possible Stormwater intercept

INT

LOT A

3.3 Design Guidelines

Possible new signage

Existing gateway & signage

Lizard Log Commercial Recreation Hub – RFP

›› Hotel.

3.4 Preferred Uses The Trust envisages the RFP Lot will be developed for uses which will provide the community a service or convenience and complement the surrounding Parklands. In assessment and preparation for marketing, the Trust commissioned a land use assessment in consideration of economic and planning factors to which the following potential uses were proposed: ›› Café and/or restaurant. ›› Micro-brewery or tavern. ›› Cellar door, possibly with a restaurant.

›› Conference or function centre. ›› Private hospital. ›› Activity centre (eg rock-climbing wall, indoor sports, skateboarding, gymnasium, puttputt golf, ten pin bowling). ›› Child care centre and/or pre-school.

Note these are examples of development uses only and unless otherwise stipulated in relevant planning documentation, development will require planning consent.

3.5 Access Access to the RFP Lot of the Lizard Log Commercial Recreation Hub is proposed via a connection to the existing road providing access to the Lizard Log picnic grounds. The Trust will be responsible for the design and construction of the ‘Access 1’ connection as shown indicatively in Figures 1 and 2. The extent of Access 1 is to provide access to the RFP Lot boundary only and the Trust will not be responsible for constructing any proposed internal roads. The Trust will not be responsible for the additional access ‘Access 2’.

›› Alternative food and beverage offerings.

3.6 Services The Trust will provide sewer, water, electrical, telecommunications and gas services to the RFP Lot boundary. The existing conditions of services are detailed in the table below and will be pro-rated between lots based on area. Successful Proponents will be responsible for the provision of additional services where required. Proponents should check with services authorities to confirm required capacities can be accommodated. The Trust’s commitment to extend services to the RFP Lot boundary and the capacity to which services will be provided is subject to agreement with relevant utility and services providers. Sewer

An existing 250mm diameter sewer is located to the south of the roundabout of The Horsley Drive and Cowpasture Road.

Water

An existing 100mm diameter water main extends across Cowpasture Road to the south of the roundabout of The Horsley Drive and Cowpasture Road.

Electrical

The Trust intends to provide an additional padmount substation with capacity of 1,000kVA to be made available for development at the RFP Lot.

Telecommunications

An existing 100mm diameter telecom conduit transitioning to a 50mm diameter telecom conduit is located just to the south of the Lot 3 DP 857289 boundary.

Gas

The nearest gas main (1050kPa) terminates at the intersection of Newton and Cowpasture Roads.

Lizard Log Commercial Recreation Hub â&#x20AC;&#x201C; RFP

3.7 Due Diligence Investigations & Assessments The Trust has undertaken the following investigations and assessments of the RFP Lot which are provided in Appendix 2 Due Diligence Package to assist Proponents preparing a Proposal. The following information is available.

f) Heritage Map which identifies heritage items in the Parklands which are described in Schedule 1 of the WSP SEPP. g) Ecological mapping based on 2009 vegetation data from Sydney Catchment Management Authority. h) Traffic Impact Assessment by Traffix (2011).

a) Planning Certificate (under section 149 of the Environmental Planning and Assessment Act 1979 as amended).

i) Utility Services report by J. Wyndham Prince (2011).

b) Certificate of Title & Deposited Plan.

j) Design Guidelines by LFA (2011).

c) Base plan (in DWG format).

The Trust believes that all material in this RFP is accurate but makes no warranties, promises or representations regarding its accuracy, completeness or status. Proponents are advised to review the Due Diligence Package and form their own opinion as to the existing conditions and future development potential of the subject site.

d) Indicative Lot Layout & Indicative Site Layout. e) Phase 1 Environmental Site Assessment by WSP Environment and Energy (2012).

3.8 Site Inspection Arrangements have been made for Proponents to undertake a site inspection of the lots at 10.00am Thursday 13 November 2014. Registration with the Contact Officer is required no later than 5:00pm Tuesday 11 November 2014.

Lizard Log Commercial Recreation Hub – RFP

4. Agreement for Lease and Lease Terms 4.1 Indicative Agreement for Lease Terms The table below summarises the Trust’s indicative Agreement for Lease terms which are subject to negotiation. (Note: references to the Financial Offer are explained further in Section 5.4 and the Financial Offer section of Appendix 1.) Upfront Development Payment

Non-refundable Upfront Development Payment of 1% of Agreed building works cost, payable upon execution of the Agreement for Lease.

Development Application for Works

Development consent will be required for proposed development works. Land owners consent will be required for lodgement of development application. Development application to be consistent with development proposal and concept plan incorporated in Agreement for Lease. Developer/Lessee is responsible for the cost of preparing and submitting the development application and any subdivision application. If development consent has not been obtained by an agreed deadline date, either party will be entitled to terminate the Agreement for Lease.

Development Consent

Agreed acceptable and unacceptable development consent conditions.

Concept Plan

Draft concept plan to be included in Agreement for Lease.

Lot Location and Land Area

To be specified in Agreement for Lease.

Lot Access

Trust to provide and construct the right of access up to the boundary of the RFP Lot, as shown as ‘Access 1’ in Figure 1.

Development Program Deadlines

DA lodgement, DA approval, construction licence final commencement, lease final commencement and final lease commencement regardless of circumstances. Extension of time (EOT) for delays outside the Developer’s control. EOTs do not apply to final lease commencement regardless of circumstances.

Construction Licence Conditions Precedent

Agreed development consent, finance approval, provision of construction bank guarantee, executed building contract.

Lease Commencement Conditions Precedent

Practical completion, occupation certificate, actual works cost exceeds agreed works cost. The Trust to grant lease on practical completion of Works.

Building Works

Schedule of building works. Agreed building works cost. Capital expenditure by Developer.

Services Infrastructure Works

The Trust will be responsible for the provision of sewer, water, electricity, gas and telecommunication services to a stated capacity up to the lot boundary at the Trust’s expense. Sewer, water, electricity, gas and telecommunication services to be constructed underground in a services route to be shown on plan and agreed with the Trust.

NSW Code & Implementation Guidelines

The Developer is to comply with the NSW Government Code for Procurement: Building and Construction and the Implementation Guidelines for procurement of publicly funded construction services.

Construction Bank Guarantee

5% of development works cost. To be specified in Agreement for Lease.

Outgoings & Services

The Developer will be responsible for all proper and reasonable Outgoings and Statutory Charges relating to the Site from grant of the Construction Licence. The Developer will be responsible for the cost of all power, water, gas and other services to the Site from grant of the Construction Licence.

Rates & Taxes

The Developer will be responsible for all local government rates and taxes, including state government land tax and stamp duty from grant of the Construction Licence.

Trust’s Costs

Developer/Lessee to pay the Trust’s legal costs of drafting and negotiating the heads of agreement, agreement for lease, lease and other related negotiations and agreements on execution of Agreement for Lease.

GST

The parties must pay GST (where payable) in addition to any amounts payable under the AFL and Lease.

Insurances

Building, professional indemnity, public liability $50m, workers compensation.

Assignment

The Developer must not, without the prior written approval of the Trust, transfer or assign the Agreement for Lease. Any assignment, to be subject to the Trust’s consent, subject to satisfaction of assignment tests, and the Trust being paid its reasonable legal costs with regard to the transfer.

Termination

The Trust may terminate the Agreement for Lease, if development program deadlines are not achieved.

Site Contamination

Developer/Lessee to accept the lot (or part thereof) in its existing state and condition including any environmental contamination existing at the commencement of the Construction Licence. To the extent that any activity by the Developer on the Lot requires remediation of any existing contamination, then such remediation works will be carried out only with the consent of the Trust (not to be unreasonably withheld) and at the cost and risk of the Developer. The Developer is responsible for remediating pollution it causes.

Lizard Log Commercial Recreation Hub – RFP

4.2 Indicative Lease Terms The table below summarises the Trust’s indicative Lease terms which are subject to negotiation. Lease Area

To be specified in Lease.

Lease Period

The indicative lease period is up to 50 years. The full lease period will only be considered if essential to the proposal and required to amortise the cost of proposed capital works. The Trust’s ability to grant leases for a period greater than 25 years is conditional on Ministerial consent.

Rent

The sum of Base Rent and a Turnover Rent (if applicable).

Base Rent

The Trust’s preference is for Annual Base Rent payable quarterly in advance.

Turnover Rent

The Trust would consider financial offers that in addition to Base Rent included a Turnover Rent (% of gross turnover) above a Turnover Threshold, payable quarterly in arrears.

Rent Review

Base Rent and Turnover Threshold to be increased annually on the anniversary of Lease commencement by the greater of fixed % or CPI and market reviews every 10 years.

Rental Guarantees

To be specified in Lease.

Permitted Use

To be specified in the Lease. All uses are to be in conformance with relevant planning legislations.

Maintenance Obligations

The Lessee, at the lessee’s cost, must keep the Premises, any improvements erected on the Premises from time to time, any Trust’s improvements and fixtures, any Lessee’s fixtures and all services forming part of or connected to the Premises in good order, repair and condition having regard to their condition at the commencement of the Lease, subject to fair, wear and tear.

Redecoration

The Lessee will be required to repaint and redecorate the Premises every ten years unless otherwise agreed with the Trust.

Cleaning & Security

The Lessee will be responsible for the cleaning and security of the Premises.

Services

The Lessee will be responsible for the cost of power, water, gas and other services.

Outgoings

The Lessee will be responsible for all local government rates and taxes, including state government land tax and stamp duty.

Insurances

Public Risk Insurance $20m and Building Insurance (Lessor’s & Lessee’s Improvements).

Damage & Destruction

If the whole or any part of the Premises is destroyed or damaged on or before 70% of the Lease Term has expired, the Lessee must (i) remove debris and rubble from the Site and do all things reasonably required by Law to make the Site safe; (ii) landscape the Site and maintain it in a reasonably presentable condition at its own expense and (iii) without delay rebuild or reinstate the Premises. If the whole or any part of the Premises is destroyed or damaged after 70% of the Lease Term has expired, the Lessee must (i) remove debris and rubble on the Land and do all things reasonably required by Law to make the Land safe; (ii) landscape the Land and maintain it in a reasonably presentable condition at its own expense and (iii) may rebuild or reinstate the Premises. If the Lessee elects not to rebuild, then the Lease is terminated.

Alterations & Additions

Permitted with the Trust’s consent and any planning approvals required.

Easements

The Trust reserves the right to create easements for the provision of services.

Subleases & Assignment

Lessee may not sublease, assign or part with possession of the Premises without the consent of the Lessor and subject to assignment test conditions specified in the Lease.

Termination

Lessor may terminate if Lessee is in breach of the Lease.

Site Contamination

Developer to accept the Land in its existing state and condition including any environmental contamination existing at the commencement of the Lease. To the extent that any activity by the Lessee on the Site requires remediation of any existing contamination, then such remediation works will be carried out only with the consent of WSPT (not to be unreasonably withheld or delayed) and at the cost and risk of the Lessee. The Lessee is responsible for remediating pollution it causes.

Removal of Lessee’s Fittings

Upon expiry or sooner determination of the Lease, the Lessee is to remove the Lessee’s Fittings unless otherwise agreed with the Trust.

Removal of Lessee’s Fixtures

Upon expiry or sooner determination of the Lease, if required by the Trust, the Lessee is to remove the Lessee’s Fixtures. The Lessee shall yield up the Premises, any improvements erected on the Premises including buildings, and the Lessor’s improvements and fixtures, clean of rubbish and in their state of repair and condition as at the commencement date, with no reduction in responsibility due to fair, wear and tear, for any damage no matter how caused. If the Trust does not require the Lessee to remove the Lessee’s Fixtures, they will become the property of the Trust. Final environmental assessment and clean-up of site if contaminated by Lessee.

End of Term Conditions

No first rights of refusal for lease renewal or freehold land acquisition. No automatic lease extensions.

Lizard Log Commercial Recreation Hub – RFP

PART B – PROPOSAL INFORMATION

5. Proposals 5.1 Proposal Schedules As part of their Proposals, Proponents are to submit the information requested in the Response Schedules and Financial Offer in Appendix 1. It is anticipated that Proponents may wish to attach additional information in support of their Proposal.

Proponents may provide Proposals that relate to part or all of the RFP Lot however the Trust wishes to reserve the right to maintain the potential for an internal road through the lot providing access to the north of the RFP Lot.

5.6 Development Program

The Trust will not be obliged to grant a lease over any or all of the lots.

›› Development Concept

5.2 Proposal Details As specified in Schedule 1 of Appendix 1, Proponents must provide sufficient information to enable the Trust to clearly identify the legal entity with which a contract for the proposal in this RFP may be entered. After lodging a Proposal, the Proponent must promptly notify the Trust of any changes to this information. Proponents must nominate a person to answer requests by the Trust for further information or to provide clarification.

5.3 Lease Area As specified in the Financial Offer section of Appendix 1, Proponents are required to nominate if the Proposal relates to all or part of the RFP Lot, and where applicable, the relevant area and part. Example lot areas are provided in the Indicative Lot Layout however Proponents are invited to submit an area not provided in this plan. The Trust may lease the entire RFP Lot (including the proposed internal access road) however reserves the right to not accept such Proposals if they are not considered to be in the best interests of the Trust. Proponents can submit separate Proposals for all and for part of the Site however Proponents should submit separate financial offers for each.

As specified in Schedule 5 of Appendix 1, Proponents are required to submit information on: ›› Proposed Uses ›› Concept Plans ›› Development Program Timetable

5.4 Financial Offer As specified in the Financial Offer section of Appendix 1, Proponents are required to supply details of the Financial Offer. The Trust’s preferred Payment Structure for the Financial Offer comprises the following: ›› An Upfront Development Payment as per Section 4.1 Indicative Agreement for Lease Terms; and ›› Lease Rental as per Section 4.2 Indicative Lease Terms. The Trust is willing to consider alternative Payment Structures.

5.5 Financial Capacity and Experience Proponents are required to demonstrate their financial capacity to develop the site for the proposed use and lease the site for the term of the lease. As specified in Schedule 2 of Appendix 1, Proponents are required to submit information on: ›› Financial Capacity ›› Funding ›› Annual Financial Statements ›› Financial Forecasts and Models ›› Experience ›› Expertise ›› Past Performance

5.7 Lease Term and Period It is a condition of this RFP that the Proponent substantially accepts the indicative terms and conditions of the Agreement for Lease and Lease included in Sections 4.1 and 4.2. Proponents are requested in Schedule 6 of Appendix 1 to nominate any alternative Agreement to Lease and Lease terms they require. The indicative lease period is up to 50 years. The full lease period will only be considered if essential to the proposal and required to amortise cost of proposed capital works. The Trust’s ability to grant long term leases is conditional on Ministerial consent.

The lease period offered will be dependent upon a net present value (NPV) financial analysis of the Proponent’s financial feasibility model, taking into account the Proponent’s proposed use, capital works investment, amortisation, rental offer, profit and loss forecasts and required return on investment.

Lizard Log Commercial Recreation Hub – RFP

5.8 Content of Proposals The Trust requests that any Proponents’ Proposal be comprehensive and address all points as outlined in the RFP (as a minimum). Particular regard should be given to the RFP Assessment Criteria listed at 7.1 below. The omission of any parts of the Proposal content outlined in the Response Schedules may render the Proposal “invalid and non-conforming” and be unable to be fully considered by the Assessment Panel.

5.9 Proponents Due Diligence Before any formal and legally binding documentation is entered into with any successful Proponent, all Proponents are

expected to have carried out their own due diligence and investigations, at their cost, in relation to the feasibility (including market demand analyses), viability and sustainability of the land for the proposed facility. Further, all Proponents are also expected to have made their own enquiries and satisfied themselves with regard to all other potential requirements, such as, project delivery costs, development approval timeframes, statutory and Government Agency approvals required, and the like, in order to achieve the proposed development from a greenfield site to an operational and going concern. The Trust will accept no responsibility nor costs nor liability in relation to these or other matters.

Lizard Log Commercial Recreation Hub â&#x20AC;&#x201C; RFP

6. Lodgement

Lizard Log Commercial Recreation Hub – RFP

6.1 Lodgement of RFP Proposals

6.3 Facsimile and Email Proposals

6.5 Clarification and Changes

The lodgement of proposals must be completed in all respects, and submitted by the Proponent by NSW eTendering.

Facsimile proposals and proposals submitted via email (instead of eTendering NSW) will not be accepted. The Contact Officer may accept facsimile and email proposals if a Proponent is unable to lodge a proposal via eTendering.

The Trust will, if appropriate, have discussions with Proponents to answer queries and clarify issues in relation to this RFP. Any further information given to a Proponent prior to the deadline for lodgement of the RFPs will be issued to all Proponents.

6.2 RFP Closing Date and Time The RFP closing date and time (Closing Time) is specified on the RFP Lodgement Details and Contact Summary. The judgement of the Trust as to the time a proposal has been lodged will be final. The Trust may, by written notice, extend the Closing Time. Where the Trust extends the Closing Time, the new Closing Time will apply to all Proponents.

6.4 Late Proposals Proposals received after the Closing Time may be considered invalid, unless it is clear that the cause of the lateness was beyond the Proponent’s control and, that in the opinion of the Contact Officer, there is no possibility that the integrity of the RFP process has been compromised. Lodgement of Proposals by the Closing Time is entirely the Proponent’s responsibility.

Questions from Proponents need to be submitted in writing via NSW eTendering https://tenders.nsw.gov.au The closing date for questions will be five days before the RFP Closing Time. Questions submitted or clarification sought after the closing date for questions may or may not be answered at the absolute discretion of the Trust. The Trust may amend this RFP from time to time. The Trust will notify known Proponents of any amendments to this RFP through the issue of Addenda via NSW eTendering.

Lizard Log Commercial Recreation Hub – RFP

7. Assessment 7.1 Assessment Criteria The information provided by a Proponent, in response to submission requirements specified in Section 5 of this RFP Document, will be reviewed and assessed against the following assessment criteria. CATEGORY

CRITERIA

Financial Offer

The value of the proposed financial offer including, but not limited to, upfront development and rental payments to the Trust for the Lease of the proposed site area. The conformance with the Trust’s preferred payment structure.

Financial Capacity & Experience

The Proponent’s financial capacity to develop and build the proposed facility/facilities on the RFP Lot and fund the proposed capital works and ongoing operating expenses. The Proponent’s demonstrated experience, expertise and past performance in developing, building and leasing a similar property/business for the proposed use.

Development Concept & Plans & Proposed Use

The quality and design of the Proponent’s proposed land use, building and site concept plans, in accordance with Section 3 of the RFP Document. Environmental development initiatives and ESD measures. The proposed capital works expenditure. Conformance with the Western Sydney Parklands Plan of Management 2020 and fit with the Lizard Log Picnic Grounds.

Lease Terms & Period

The extent of acceptance and compliance with the Trust’s proposed Agreement for Lease and Lease terms and conditions. The indicative lease period is up to 50 years. The full lease period will only be considered if essential to the proposal and required to amortise the cost of proposed capital works.

Lizard Log Commercial Recreation Hub – RFP

Information supplied in a proposal to the various sections of the RFP will be taken into account in the assessment against each criterion. As part of the assessment, the Assessment Panel may also perform such security, referee or financial checks of the type identified in paragraph 8.6. Proponents are advised that neither the highest nor any financial offer may necessarily be selected. In considering proposals, the Trust may take into account any fact, matter, circumstance or consideration that in its absolute discretion, it considers appropriate.

7.2 Assessment Process The Trust will assess submissions to identify Proponents who are interested in, and capable of, satisfying the Trust’s objectives. The Trust may seek advice from an Assessment Panel comprising representatives from the Trust, other government agencies and private sector advisers in assessing the RFP Proposals. However, the shortlisting

and selection of Proponents will be made by the Trust in its absolute discretion.

Negotiation periods will expire on the earlier of:

The Trust will not be under any obligation to consider any Proposal or to negotiate or continue to negotiate with any Proponent.

›› T he Trust giving the Proponent written notice (expiring at any time) that negotiations are terminated with that Proponent for that lot; and

Proposals requesting alternative rental structures, lease periods and lease terms to the stated preference of the Trust, may be considered provided it can be shown that they are favourable to the Trust’s objectives.

›› T he Trust and a Proponent entering into a formal Agreement for Lease or Lease document with respect to a particular lot, or proposed lot.

After assessment of proposals, the Trust may request further information about an aspect(s) of the Proponent’s proposal.

7.3 Negotiation Period The Trust proposes to enter into a negotiation period (exclusive or nonexclusive) with one or more Proponent(s) with respect to the sites or lots for which they have been short-listed with a view to finalising Agreement(s) for Lease and Leases acceptable to and for execution by the Trust. The Trust reserves the right to extend the negotiation period in respect of any property at any time. Negotiation periods for different sites may vary.

›› T he Trust will not be responsible for any expenses or losses incurred by Proponents as a result of the termination of the Negotiation period.

7.4 Notification Once the Trust has prepared a list of shortlisted Proponents for the RFP, the Trust will notify Proponents whether or not they have been shortlisted for negotiations with the Trust. When an Agreement for Lease or Lease has been executed for the RFP Lot or part thereof, the Trust will notify other Proponents which were shortlisted for negotiations with the Trust.

Lizard Log Commercial Recreation Hub – RFP

8. General RFP Terms 8.1 Limited Purpose and Context of Request for Proposals Information has been provided in this RFP to assist Proponents to make their own evaluation of RFP Lot so as to enable those Proponents to submit the information required by the RFP. Proponents who submit this information are expected to undertake their own independent investigations, review and analysis of RFP Lot and the information set out in this RFP. This RFP does not purport to contain all of the information that Proponents may require for the purpose referred to above. Proponents must rely entirely on their own investigations, review and analysis, and not on this RFP, and must form their own opinion as to whether or not to submit the information required by the RFP.

8.2 Acknowledgement and Disclaimer The Trust, their officers, employees, advisors and agents: ›› make no express or implied representation or warranty as to the currency, reliability or completeness of the information contained in this RFP; ›› make no express or implied representation or warranty that any estimate or forecast will be achieved or that any statement as to future matters will prove correct; ›› make no express or implied representation or warranty with regard to future revenues, operating costs and profitability of the Proponent’s proposed use of RFP Lot; and ›› to the extent permitted by law, expressly disclaim all liability arising from information contained in or omitted from this RFP or otherwise provided to a Proponent. It is the responsibility of Proponents to obtain all information necessary or convenient for the preparation of their proposals. In submitting a proposal, each Proponent acknowledges that it has not relied on any express or implied

statement, representation or warranty as to the truth, accuracy or completeness of the information contained in this RFP, or otherwise provided to a Proponent by the Trust or on the Trust’s behalf. The Proponent must rely on their own investigations and satisfy themselves in relation to all aspects of the Proponent’s proposal.

as it considers necessary in relation to the Proponent, its officers, employees, partners, associates or related entities (including consortium members and their officers or employees if applicable). These checks may include (without limitation) ascertaining risk associated with each Proponent in relation to:

8.3 No Contract

›› corporate history;

This RFP is not a contract. No legal or other obligation will arise between any Proponent and the Trust unless and until a formal Agreement for Lease or Lease is entered into. In the event that an Agreement for Lease or Lease is entered into in relation to the RFP, this request for RFP does not form part of the Agreement for Lease or Lease except to the extent that it is expressly incorporated.

›› significant litigation (past, present or pending);

The Trust is not obliged to proceed with this request for RFP process. This RFP document does not constitute an offer in relation to the lease of RFP Lot.

8.4 Proponent Costs All expenses and costs incurred by a Proponent in connection with this RFP, including (without limitation) preparing and lodging a proposal, providing the Trust with further information, attending interviews and participating in any subsequent negotiations, are the sole responsibility of the Proponent.

8.5 Joint Submissions A joint Submission from two or more Proponents may be considered by the Trust at its discretion. A joint submission must be submitted for and on behalf of each member of the submitting consortium, and must specify the structure and membership of the consortium, the role of each consortium member in responding to this RFP, and the extent to which each consortium member guarantees the performance of each other consortium member’s role.

8.6 Security, Probity, Risk and Financial Checks The Trust reserves the right to perform such security or financial checks and procedures

›› financial viability;

›› past performance; ›› experience, qualifications and skills of resources; and ›› other issues of risk. Each Proponent agrees to provide, at its cost, all reasonable assistance to the Trust in this regard. Proponents must be of ‘good character’ and not have been the subject of significant adverse publicity or the subject of any formal adverse finding by any government agency that would cause a reasonable person to have concerns about reputational risk to the Trust or the fitness or ability of the Proponent to perform its obligations, as determined by the Trust in its absolute discretion.

8.7 Proposals to be Legible Proposals should be clear, concise, complete and relevant. Proposals containing information which is not clear or legible may be excluded from the assessment process.

8.8 Public Statements Proponents must not make any public statements (including without limitation providing information or documents for publication in any media) in relation to this RFP or any subsequent contract arising out of this RFP, without the Trust’s prior written approval. The Trust will not withhold its approval to the extent the Proponent is required by law to disclose information.

8.9 Trust’s Rights Notwithstanding any other provision of this RFP, the Trust reserves the right, at any time to:

Lizard Log Commercial Recreation Hub – RFP

›› alter, amend or vary this RFP and the process outlined in this RFP; ›› suspend or terminate this RFP process or any part of it if the Trust considers that it is in the public interest to do so; ›› require additional information or clarification from any Proponent or anyone else, or provide additional information or clarification to any Proponent or anyone else; ›› negotiate or not negotiate with any one or more Proponent, and discontinue negotiations at any time; ›› allow, or not allow, a successful Proponent to enter into the proposed agreement in the name of a different legal entity from that which provided a proposal to this RFP; and ›› add to, alter, delete or exclude any of the requirements to be provided by a successful Proponent under this RFP. For the avoidance of doubt, the Trust may exercise its rights under this clause and elsewhere in this RFP at any time and in its absolute discretion, unless this RFP expressly provides otherwise.

8.10 Conflict of Interest Proponents must include in their proposal details of any known circumstances that may give rise to an actual or potential conflict of interest with the Trust in responding to this RFP or in the provision of the property or services specified in the RFP. If at any time after the proposal is submitted to the Trust, an actual or potential conflict of interest arises or may arise for any Proponent, the Proponent must immediately notify the Trust in writing. The Trust may, in its absolute discretion: ›› enter into discussions to seek to resolve such conflict of interest; ›› disregard the proposal submitted by such a Proponent; or ›› take any other action as it considers appropriate.

8.11 Canvassing

8.15 Unlawful Inducements

The canvassing of the Trust employees, consultants and advisers relating to this RFP and may result in disqualification of submitted proposals.

Proponents and their officers, employees, agents or advisers must not have violated and must not violate any applicable laws or NSW Government procurement policies regarding the offering of inducements in connection with the preparation of their proposal.

8.12 False and Misleading Claims The attention of Proponents is drawn to the provisions in the Competition and Consumer Act 2010 (Cth) and Fair Trading Act 1987 (NSW) which prohibit the giving of false and/or misleading information in documents such as a proposal.

8.13 Collusive Bidding Proponents, consortium members and their respective officers, employees, agents and advisers must not engage in any collusive bidding (other than bidding by consortia to the extent permitted by this RFP), anticompetitive conduct or any other similar unlawful conduct with any other Proponent or any other person in relation to the preparation or lodgement of their proposal.

8.14 N SW Government Code of Practice for Procurement Proponents are to comply with: ›› The NSW Government Code of Practice for Procurement: Building and Construction. Available at: ›› www.procurepoint.nsw.gov. au/policies/nsw-governmentprocurement-information ›› The NSW Government Implementation Guidelines for procurement of publicly funded construction services, as published by the NSW Treasury July 2013. Available at: ›› http://www.industrialrelations. nsw.gov.au/About_NSW_IR/New_ Guidelines_Construction_Work.page Lodgement of a proposal is evidence of the Proponent’s agreement to comply with the NSW Government Code of Practice for Procurement and the Implementation Guidelines.

8.16 Improper Assistance Proponents must not use the improper assistance of any the Trust employee or use information obtained unlawfully or in breach of an obligation of confidentiality to the Trust in preparing their proposal.

8.17 Consultants The Trust has engaged the following primary consultants on this project: Project Manager & Contact Officer

COPRAD

Commercial Advisor

Marshall Project Management

Jones Lang LaSalle Exclusive Marketing Agency The above consultants act for the Trust and are excluded from acting for Proponents or as members of Proponent consortia as part of this RFP and any Proponent development application or building contract with respect to the subsequent development of the Site, without the written approval of the Trust. The above consultants may be further engaged by the Trust to assist the Trust with respect to technical matters arising as part of the RFP process and performing its obligations under any Agreements for Lease during the development phase.

8.18 Probity Officer For the purposes of this RFP, David Kirkland of Western Sydney Parklands Trust is the appointed Probity Officer.

Lizard Log Commercial Recreation Hub – RFP

RFP Lodgement Details and Contact Summary

Request for Proposals No:

01WSPT2014

Title:

Lizard Log Commercial Recreation Hub RFP

Issue Date:

Tuesday 28th October 2014

Deadline:

2:00 pm (Sydney Time), Friday 19th December 2014

Location:

NSW eTendering https://tenders.nsw.gov.au

Late Proposals:

Proposal Label & No. Copies:

Proposals are to be electronically submitted through NSW eTendering by the Proponent with the following subject: ‘Lizard Log Commercial Recreation Hub RFP 01WSPT2014’

Contact Officer:

Tim Colless Director, COPRAD Pty Limited On behalf of Western Sydney Parklands Trust Level 7, 10 Valentine Avenue, Parramatta NSW 2150 Phone: (02) 9895 7500 | Mobile: 0403 234 066