Expression of Interest Bungarribee Park

Expression of Interest - Bungarribee Park11111

Reference No. WSPT 2013/13

Closing Date: 2:00pm,

Friday 12 July 2013

Outdoor Entertainment, Leisure or Tourism Facility

Bungarribee Park

Expression of Interest

Copyright: This Expression of Interest (EOI) document has been prepared by Western Sydney Parklands Trust (Trust) for and on behalf of the Crown in the right of the State of New South Wales. This EOI 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, 2013.

All rights reserved. No part of this EOI 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 EOI, inquiries should be directed to the Contact Officer of this EOI specified in this document.

Expression of Interest – Contents

FOREWORD 2

EOI LODGEMENT DETAILS AND CONTACT SUMMARY 2

01 Purpose and Outline 4

1.1 Introduction 5

1.2 Purpose of the EOI 5

1.3 Outcomes of the EOI 5

02 Site Context, Legislation and Land Details 6

2.1 The Western Sydney Parklands 7

2.2 The Western Sydney Parklands Act, SEPP and Plan of Management 8

2.3 Consent Authority 8

2.4 Bungarribee Park 8

2.5 The Locality 9

2.6 Land Details 9

2.7 Services, Infrastructure and Parking 9

2.8 Subdivision by the Trust 9

03 Due Diligence Investigations 10

3.1 Reports Undertaken by the Trust 11

3.2 No Warranty 11

04 Key Lease Terms 12

4.1 Indicative Agreement for Lease and Lease Terms 13

05 Summary of Procurement Approach 14

5.1 Stage One – EOI 15

5.2 Stage 2 - Request for Proposals (RFP) 15

06 Lodgement and Assessment of Proposals 16

6.1 Lodgement of Proposals 16

6.2 EOI Closing Date and Time 16

6.3 Facsimile and Email Proposals 16

6.4 Late Proposals 16

6.5 Clarification and Changes 16

6.6 Timetable for Assessment of Proposals 16

6.7 Content of Proposals 17

6.8 Proponents Due Diligence 17

6.9 Assessment Procedure 18

6.10 Stage One EOI – Evaluation Criteria 18

6.11 Invalid and Non-Conforming Proposals 19

6.12 Probity Auditor 19

6.13 Notification 19

6.14 Variation of EOI 19

6.15 Inspection of Land 19

07 Annexures 20

7.1 Returnable Schedules 22

7.2 Subject Land Area 24

7.3 Controlled Intersection, Great Western Highway Current Design 25

7.4 General EOI Terms 26

Contents

1Expression of Interest - Bungarribee Park

Expression of Interest - Bungarribee Park22 Expression of Interest - Bungarribee Park

Message from the ChairmanBungarribee Park, the Western Sydney Parklands major recreation development project in the northern parklands corridor, offers a unique opportunity for entertainment, leisure and tourism businesses to work with the Parklands Trust in shaping the future of this new Western Sydney destination.

The site is well located on the Great Western Highway, with excellent connections to the M4 and M7 transport corridors, providing access to a catchment of over 2.2 million Sydneysiders with growth projections to 3 million in the coming years. This Parklands precinct around the Eastern Creek Lighthorse Interchange is already home to established and emerging outdoor entertainment, leisure and tourism developments, such as the Sydney Motor Sports Park, Sydney Dragway and Village Roadshow’s new Wet’n’Wild water theme park.

The development of Bungarribee Park is a central part of the Trust’s commitment to provide high quality outdoor leisure, recreation and tourism facilities for Western Sydney in partnership with the private sector, as well as, jobs creation for local communities. We hope to form long term alliances with business on the site to complement the Trust’s own recreation investment plans and to work together to deliver world class facilities and amenities at Bungarribee Park.

Brendan Crotty Chairman

Message from the DirectorThe Western Sydney Parklands is a 27km public parkland corridor that will meet the long term recreation needs for over 3 million people in Western Sydney. The Parklands Trust aims to create a wide range of key activation hubs for entertainment, recreation, sports and tourism that will be linked by bushland corridors, cycling tracks and urban farmlands over the wider area.

The parklands Plan of Management identifies Bungarribee Park, located in the northern parklands corridor, for the development of a major recreation and leisure hub of around 200ha. Master planning and design is already underway to guide the Trust’s investment in new community recreation facilities on the site over the next 3 years.

This EOI is seeking open market Proposals from potential developers, operators and investors to plan and deliver outdoor entertainment, leisure or tourism opportunities at Bungarribee Park, as a complement to the Trust’s own developments and investment.

The Trust looks forward to working in partnership with business to plan and promote diverse and high quality visitor experiences at Bungarribee Park and to realise the full potential of this exceptional recreation site within the northern parklands corridor.

Suellen Fitzgerald Director

EOI Lodgement Details and Contact SummaryWestern Sydney Parklands Trust invites Expressions of Interest for and on behalf of the NSW Government

Request for Proposals No: WSPT 2013/13

Title: Bungarribee Park – Outdoor Entertainment, Leisure or Tourism Facility

Issue Date: Monday 13 May 2013

Deadline: 2:00 pm (Sydney Time) Friday 12 July 2013

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 EOI process has been compromised.

Proposal Lodgement: Proposals are to be electronically submitted through NSW eTendering by the Proponent with subject ‘Expression of Interest (Stage 1) – WSPT 2013/13 – Bungarribee Park – Outdoor Entertainment, Leisure or Tourism Facility’

Contact Officer: Rocco Sergi Western Sydney Parklands Trust Level 4, 10 Valentine Ave, Parramatta NSW 2150 Phone: (02) 9895 7500 | Mobile: 0477 317 395

Foreword

Expression of Interest - Bungarribee Park 33Expression of Interest - Bungarribee Park

Bungarribee Park is proposed to become an emerging hub within the

northern Parklands dedicated to regional passive recreation, tourism,

social and cultural activities.


11. Purpose and Outline

Expression of Interest - Bungarribee Park 5

11.1 IntroductionThe Western Sydney Parklands Trust issues this Expression of Interest (EOI), to the open market, requesting feasible, viable and sustainable Proposals for the development, lease and operation of an Outdoor Entertainment, Leisure or Tourism Facility at Bungarribee Park.

Outdoor facilities are places where people congregate in large numbers to attend events. Examples of these types of facilities may include live performance venues, concert amphitheatres, educational, cultural centres and tourism parks, outdoor exhibition, animal parks and zoological / wildlife gardens.

Bungarribee Park is owned by the Trust and is located at Eastern Creek, on the corner of the Great Western Highway and Doonside Road, Doonside.

The Trust has set aside and will offer a development land parcel (Land) in the order of 10 hectares (Ha). A larger land parcel may be negotiable based upon the specific business case and overall economic and social return presented to the Trust. Refer EOI – Subject Land Area at Annexure 7.2.

The Trust will offer a lease term of 25 years; however, a longer lease term may be negotiable based upon the specific business case, the requirements to amortise the capital cost and overall economic and social return presented to the Trust.

Leases in excess of 25 years will be subject to Ministerial approval.

1.2 Purpose of the EOI and Stage Two RFPThe Trust is seeking feasible, viable and sustainable Proposals from prospective Proponents (individuals, organisations or partnerships of organisations, Joint Ventures or Consortia), demonstrating the necessary skills, business and management experience, commercial and financial capability to develop, manage and operate the Facility.

The EOI will be managed as a two stage process. Stage One is an EOI to the open market, requesting Proposals that address the Trusts’ evaluation criteria, as contained in this document. Stage Two will be a Request for Proposals (RFP) from Proponent(s) shortlisted from Stage One.

The preferred outcome of the two stage process may be for the Trust to identify, select, negotiate with and enter into a contractually binding relationship with one or more Proponents for the development, lease, management and operation of the Facility on the Land.

1.3 Outcomes of the EOIThe desired outcomes of the two stage EOI process are to:

(a) shortlist one or more preferred Proponents from the EOI Stage One, that meet the Trusts’ evaluation criteria, as contained in this document and at the sole discretion of the Trust; and

(b) invite one or more shortlisted Proponents to Stage Two, to prepare and lodge a more detailed RFP submission. The Stage Two RFP will be required to address more detailed criteria such as, relevant and recent business experience, key personnel and resourcing strategies, past performance, development concept, social and community benefits, financial capacity, financial returns, operational and management capability, for detailed evaluation by the Trust.

In the event the Stage One EOI process results in no Proponent(s) being shortlisted for the Stage Two Request for Proposals, the Trust may elect, at its sole discretion, to review, amend, reissue, postpone, cancel or abandon the EOI process, without prejudice to any Proponent that has participated in the EOI Stage One process.


2. Site Context, Legislation and Land Details

2


22.1 The Western Sydney Parklands The Western Sydney Parklands (consisting of 5,280 hectares), is a vast conservation, lifestyle and recreation haven set in the heart of Western Sydney. It stretches from Quakers Hill in the north to Leppington in the south and contains state of the art international and regional sporting facilities, popular picnic areas, over 27 kilometres of cycling and walking tracks and 1,000 hectares of valuable bushland. Refer Figure 1 – Regional Plan, Western Sydney Parklands and Refer Figure 2 – Western Sydney Parklands.

The Parklands is one of the biggest urban parklands in the world, situated in one of the fastest growing regions of Australia. Over 2.3 million residents live only a 25 minute drive away and a further half a million people are proposed to be accommodated in adjacent growth areas.

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, tourism, sporting and business hubs, linked by high quality bushland, walking and cycling networks and urban farmlands.

The long-term objective is to expand accessible leisure / recreation areas and regenerate natural bush land and habitat. For further information on the Western Sydney Parklands visit its Home page at http://www.westernsydneyparklands.com.au

North

Prospect Reservoir

Prospect Trail

Woodstock Ave

Power St

Richmond Rd

Quakers Hill Parkway

Great Western Highway

Eastern Rd

Bringelly Rd

Thirtysecond Ave

Fifteenth Ave

Twentyseventh Ave

The Horsley Drive

Kensington P lace

Ferrers Rd

Great Western

Highway

1.3km

1.9km

1km

1.9km

2.6km

6.2km

1.7km

4km

3.9km

1.9km

1.3km

2km

2.1km

Chandos Rd

Saxony Rd

Co w

pas ture Rd

Wal

lgro

ve R

d

Bringelly Rd

Hume Highway

Richmond Rd

M4

M7

M7

M4

M4

M7

M5

Victoria St

Doo

nsid

e Rd

Kemps CreekNature Reserve

Shale Hills

Plough & Har row

Sydney In ternational Shooting Centre

Moonrise Lookout

Sugarloaf Rid ge

Sydney In ternational Equestrian Centre Lizard Log

The Horsley Drive

Camden Valley Way

Drive

Elizabeth

The Dairy

Walder Park

Peckys

Eastern CreekInternational Raceway Prospect Nature

Reserve

Western SydneyInternational Dragway

Bungarribee

The Rooty Hill

Blacktown Olympic Park

Nurragingy Reserve

Calmsley Hill City Farm

MIDDLETONGRANGE

WEST HOXTON

HORNINGSEAPARK

CECIL HILLS

DEAN PARK

MT DRUI TT

ROOTY HILL

EASTERN CREEK

DOONSIDE

QUAKERS HILL

BLACKTOWN

HORSLEY PARK

ABBOTSBURY

CECIL PARK

Villiers Rd

AUSTRAL

LEPPINGTON

Figure 1 The Parklands Today

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Figure 2

Bondi Junction

Green Square

Hurstville

Bankstown

Hornsby

Blacktown

Campbelltown

Chatswood

Kogarah

Brookvale/Dee Why

Castle Hill

Rouse Hill

Leppington

Penrith

Liverpool

Parramatta

Fair�eld

Cabramatta

Mt Druitt

Prairiewood

Sutherland

North West Growth Centre

South WestGrowth Centre

NORTH SYDNEY

SYDNEY

Figure 2 Metropolitan Context

Figure 1


2.2 The Western Sydney Parklands Act, SEPP and Plan of Management

The Trust was constituted under the Western Sydney Parklands Act 2006 (NSW) (WSP Act) and it is that 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 planning instrument, (State Environmental Planning Policy (Western Sydney Parklands) 2009) (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

In addition to the WSP Act and SEPP, the Parklands Plan of Management 2020 (POM) establishes the vision, principles and strategic directions (including objectives and outcomes) for management of the Parklands to 2020. The POM was adopted by the Minister for Western Sydney on 25 January 2011.

One of the objectives of the Plan of Management is to “create a major regional passive recreation and tourism hub”, with land use opportunities including “tourism and entertainment”.

The land is located within Precinct 4 of the Plan of Management which is available for download from the Parklands Homepage http://westernsydneyparklands.com.au

2.3 Consent AuthorityIn 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 the SEPP. The SRD SEPP of 2011 supersedes the WSP SEPP of 2009 in this regard to capital investment value thresholds.

For developments with a capital investment value of less than $10 million, the Local Authority (Council) will be the consent authority. The Council for the purposes of this EOI is the Blacktown Local Government Authority.

2.4 Bungarribee ParkThe Land is situated within the Bungarribee Park Precinct ( 216 hectares). The Precinct is a wide open scenic landscape that includes Eastern Creek and its flood plain, which flows through former grazing lands. The Precinct is surrounded by the M7 Motorway to the west and residential and industrial lands to the south and east respectively. It has a rich Indigenous and Non-Indigenous history.

Bungarribee Park is proposed to become an emerging hub within the northern Parklands dedicated to regional passive recreation, tourism, social and cultural activities. It will have an extensive walking and cycling trail network that links across Eastern and Bungarribee Creeks.

The Plan of Management objectives for Bungarribee Park are to:

(a) create a major regional passive recreation hub;

(b) create a major regional tourism hub;

(c) enhance pedestrian/cycle access to and within the Precinct; and

(d) conserve and enhance bushland corridors and links.

A Landscape Masterplan for Bungarribee Park is currently being developed by the Trust, with the aims of facilitating future opportunities for the entire Bungarribee area, including the Land.

Bungarribee Park is to become a major regional passive recreation destination in the northern corridor of the Parklands. The Precinct will be designed to build on the intrinsic qualities of the surrounding area while facilitating access and circulation to activity nodes throughout the Precinct. These will offer activities of varying intensities to accommodate a range of visitors. The main hub in the Precinct is envisaged to include a regional playground, facilities for outdoor entertainment, leisure and tourism events, community amenities and picnic facilities, as well as, future commercial opportunities. Active recreation and sports will be concentrated around the Blacktown International Sports Park, situated north and south of Eastern Road and to the north of this Precinct.

The outcomes of this Expression of Interest process will help inform and develop the final Landscape Masterplan, in order to achieve the Trusts’ objectives for Bungarribee Park.


2.5 The LocalityThe Land is part of the Blacktown Local Government Area. It is located directly to the north of the Great Western Highway and to the west of Doonside Road, Doonside. Eastern Creek forms the western edge of the Land and the Western Sydney Parklands extends to the north.

2.6 Land DetailsThe Land is part of a larger deposited plan land parcel within Bungarribee Park, being a part of Lot 1 in DP 1103025.Refer EOI – Subject Land Area at Annexure 7.2, which indicates diagrammatically the Land and its relationship to adjacent areas, Eastern Creek, the Great Western Highway and Doonside Road.

2.7 Services, Infrastructure and ParkingAll major services currently exist and run along the Great Western Highway and Doonside Road.

A major gravity-fed sewer line is planned to be constructed to the west of the Land.

A new Controlled Intersection is under construction and due for completion by the end of 2013 to provide access into the Bungarribee Park, direct from the Great Western Highway.

The Trust may construct a lead-in road, from the Controlled Intersection off the Great Western Highway, to the Land. The lead-in road may be designed to provide dedicated services connection point/s for the Land, to meet its future development requirements.

Refer EOI – Controlled Intersection, Great Western Highway – Current Design at Annexure 7.3. This indicates the new Controlled Intersection works.

The lead-in road design parameters will be provided by the Trust, as part of the Stage Two RFP process.

The Trust does not propose to fund services and infrastructure requirements within the Land (future lease area).

In relation to parking the Trust would anticipate that core parking requirements would be provided by the Proponent, within the Land boundary (future lease area). Potential overflow parking may be provided by either the Proponent or the Trust outside of the Land boundary.

The Trust would further anticipate, that for large outdoor entertainment-style events which generate large numbers of patrons, the Proponent would investigate and incorporate alternative modes of transport and associated traffic control measures to minimise the need for extensive parking areas on the Land. Such considerations could also include integrated ticketing using public transport, charter buses etc.

2.8 Subdivision by the TrustThe Trust commits to the subdivision and registration processes for the Land to meet the needs of the successful Proponent’s Facility and agreed lease area.

As varying Proposals for the Land are likely to be presented for evaluation by the Trust, any draft subdivision / deposited plan lodgement, including the design and layout of final lead-in road(s) and services connections point/s, will be undertaken when an Agreement for Lease (AFL) has been entered into.

Figure 3 - Site Locality Plan


3. Due Diligence Investigations


33.1 Reports Undertaken by the TrustThe Trust is in the process of completing due diligence investigations and studies (Studies) for the subject Land. The Trust will consider making these available as part of a Stage Two RFP. These Studies will assist future land use planning and development considerations by the Trust.

At this time, Studies are proposed to be finalised for the following areas; however, it should be noted that the Trust may not pursue all Studies and may alter the Studies proposed, dependent upon responses to the Stage One EOI process:

(a) Topographical and Detail Survey

(b) Ecological

(c) Traffic and Intersection Designs

(d) Services

(e) Contamination

(f) European Heritage

(g) Indigenous Heritage/Archaeology

A high level land capability study has already been completed by the Trust, confirming the subject Land is suitable for development. The Land Capability Study Report, Proposed Development, Precincts 2.5 and 2.6, Western Sydney Parklands, was prepared by Douglas Partners (March 2009) and is available to all Proponents responding to the Stage One EOI, upon written request to the Contact Officer.

3.2 No WarrantyThe Trust believes that all material in this EOI is accurate but makes no warranties, promises or representations regarding its accuracy or completeness. Proponents are advised to review the Studies that have been undertaken and form their own opinion as to the future development potential of the Land.


44. Key Lease Terms


The Trust will provide an outline of the indicative terms that are to be included in an Agreement for Lease and future Lease Agreement as part of the Stage Two RFP process.

4.1 Indicative Agreement for Lease and Lease TermsThe indicative terms that may be included in an AFL will include, but not be limited to, the following essential matters:

› Concept plan

› Capital works plans and budgets

› Planning approval

› Finance approval

› Development program and sunset dates

› Capital works construction

› Upfront development payments

› Lease commencement conditions precedent

The indicative terms that are to be included in a formal and registrable Lease Agreement with the Trust will include, but not be limited to, the following essential matters:

› Permitted use

› Lease period

› Lease area

› Repair & maintenance obligations

› Assignment rights

› Rent and rent reviews

The Trust will consider and negotiate appropriate Lease terms and conditions with the preferred Proponent(s) according to market conditions and on the basis of deriving a fair and reasonable commercial rent return from the Land offered for development.

The Trust will give consideration to the value of capital investment and the amortisation period of that investment proposed by the Proponent(s) for the development Proposal.


05. Summary of Procurement Approach


5The EOI is the first phase in a process for the potential lease of Land. This process will be undertaken in accordance with the terms and conditions set out in this document and will be subject to review by an Evaluation Panel appointed by the Trust.

5.1 Stage One – EOIThis EOI is Stage One of a potential two stage process. The Trust may shortlist preferred Proponent(s) from the Stage One EOI process and invite one or more Proponents to Stage Two, to prepare and lodge a more detailed submission.

Alternatively the Trust may determine to conclude the process at the completion of Stage One and not proceed with Stage Two.

5.2 Stage 2 - Request for Proposals (RFP)Following the outcomes of the Stage One EOI the Trust currently envisages a Stage Two to the process being a RFP. Proponents should note that the Trust, in its absolute and unfettered discretion:

(a) is not obliged to proceed with any RFP;

(b) may issue the RFP only to shortlisted Proponent(s) following the evaluation of Proposals received in response to this EOI; and

(c) may abandon the process altogether.

If the RFP process is implemented, on evaluation of the Proposals received pursuant to this Stage One EOI, the Trust may, at its sole discretion, invite one or more Proponent(s) by way of written notice, to participate as shortlisted Proponent(s) in the Stage Two RFP process.

Upon completion of the RFP process, including any relevant negotiations, the Trust may, at its sole discretion, accept one or more of the Proponent(s) to be the Successful Proponent on any part or parts of the Land and may be invited to enter into legally binding documentation for the Lease of the Land.


06. Lodgement and Assessment of Proposals

6.1 Lodgement of ProposalsThe lodgement of Proposals must be completed in all respects and submitted by the Proponent using the NSW eTendering website https://tenders.nsw.gov.au

6.2 EOI Closing Date and TimeThe EOI closing date and time (Closing Time) is specified on the EOI Lodgement Details and Contact Summary.

The judgement by the Trust as to the time a Proposal has been lodged will be final and binding.

The Trust may, by written notice and publication on the relevant NSW eTendering webpage, extend the Closing Time. Where the Trust extends the Closing Time, the new Closing Time will apply to all Proponents.

6.3 Facsimile and Email ProposalsFacsimile Proposals and Proposals submitted via email (in lieu of using the NSW eTendering webpage and accompanying procedures) will not be accepted by the Trust.

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

6.5 Clarification and Changes

The Trust will, if appropriate, enter into discussions with any Proponent(s) to answer queries and clarify issues in relation to the EOI. Any further information provided to any Proponent(s) prior to the Closing Time will be issued to all Proponents.

EOI questions, requests for clarification or other queries from Proponents are required to be submitted, in writing, via the NSW eTendering webpage (https://tenders.nsw.gov.au). The Contact Officer will respond.

The Closing Date for questions and requests for clarifications will be five (5) business days before the EOI Closing Time. Questions submitted or clarifications sought after the Closing Date may or may not be responded to at the absolute discretion of the Trust.

The Trust may amend this EOI from time to time, in its absolute discretion. The Trust will arrange to be published on the relevant NSW eTendering webpage any amendments to this EOI, through the issue of Addenda. These Addenda will be accessible to all Proponents registered through the NSW eTendering procedures.

6.6 Timetable for Assessment of Proposals

An indicative timetable for the conduct of this EOI is described below. This timetable may be amended by the Trust from time to time, at its absolute discretion. The Trust will arrange to be published on the relevant NSW eTendering webpage any amendments to the EOI, through the issue of Addenda, which will be accessible to all Proponents registered through the NSW eTendering procedures.

Event/activity Proposed Date

Issue of EOI Monday 13 May 2013

Voluntary Site Inspection

Wednesday 12 June 2013

Closing Date for EOI Stage One

Friday 12 July 2013

Assessment & Short-Listing

July-August 2013

Notification to Proponents

August-September 2013

Stage Two RFP Process

TBC – Subject to Outcomes of Stage One EOI


66.7 Content of ProposalsThe Trust recommends that all Proposals be comprehensive and address all points as outlined in the EOI (as a minimum). Particular regard should be given to the Stage One EOI Evaluation Criteria listed at [6.10] below.

The omission of any parts of the Proposal content outlined in the Returnable Schedules may render the Proposal “invalid and non-conforming” and be unable to be fully considered by the Evaluation Panel.

6.8 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.


06. Lodgement and Assessment of Proposals

6.9 Assessment Procedure

The Trust may seek advice from an Evaluation Panel comprising representatives from the Trust, other Government Agencies and private sector advisers (for example, financial analysts, real estate agents, project managers etc.) in evaluating the Proposals received.

The shortlisting of one or more Proponents to be invited to participate in the Stage Two RFP process and any subsequent and future negotiations for the Lease of the Land will be made by the Trust, in its absolute and unfettered discretion.

The Trust will not be under any obligation to consider any Proposal or to negotiate or continue to negotiate with any Proponent as part of this EOI process.

The Trust will evaluate all Proposals on the basis of the Evaluation Criteria listed at [6.10], as well as, assessing a Proponents’ abilities to achieve the EOI objectives and the Trusts’ broader objectives for the Bungarribee Park Precinct.

During and after evaluation of Proposals, the Trust may request further information or clarification about any aspect of a Proponents’ Proposal, to assist the Trusts’ Evaluation Panel in making a final decision for recommendation to the Trusts’ Board.

6.10 Stage One EOI – Evaluation Criteria

The information provided by a Proponent, in response to requirements specified in this EOI, will be reviewed and assessed against the following Evaluation Criteria:

No. Category Criteria

1. Proposed Facility

Details of the proposed outdoor entertainment, leisure or tourism facility. Achievement of the Trust’s Plan of Management 2020 objectives of creating a major regional recreation and tourism hub at Bungarribee Park.

2. Initial Concept Plans

The quality and design of the Proponent’s proposed outdoor entertainment, leisure or tourism facility. Proposed site concept plans, (not expected to be a fully detailed design concept at Stage One EOI), land area, parking and servicing requirements and the suitability of the facility concept for the site.

3. Experience The Proponent’s demonstrated experience, expertise and past performance in developing, constructing, leasing and operating a similar facility for the proposed use.

4. Financial Capacity

The financial capacity of the Proponent to develop and construct a facility on the Land and to fund the proposed capital works and the viability of the business to fund ongoing operating expenses, without recourse to government funding.

5. 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 Land.

All information provided by Proponents’ in response to this EOI will be considered by the Evaluation Panel when evaluating any Proposal in its entirety.

As part of the EOI process, the Evaluation Panel may also perform such security, referee or financial checks, as it may deem necessary to complete, in order to finalise the evaluation processes.

Proponents are advised that neither the highest nor any financial offer may necessarily be selected or recommended for selection. Value for money is important to the Trust and will include all financial and non-financial evaluation criteria, as noted above, as well as, any residual risks associated with each Proposal.

In considering Proposals, the Trust may take into account any fact, matter, circumstance or consideration that in its absolute discretion, it considers appropriate to consider for the purposes of this EOI.


6.11 Invalid and Non-Conforming Proposals

The Trust reserves the right to consider or reject invalid and/or non-conforming Proposals.

6.12 Probity Auditor

Each Proponent acknowledges that its Proposal is made in response to the EOI, and that its Proposal and discussions and negotiations resulting from it, will be governed by the probity requirements of the NSW Government. A Probity Auditor has been appointed to administer all probity issues arising from the EOI processes and discussions or negotiations stemming from it.

The probity considerations of the EOI processes include:

(a) transparency of the process;

(b) addressing conflicts of interest;

(c) addressing confidentiality;

(d) accountability; and

(e) obtaining best value for money.

The contact details for the Probity Auditor are as follows:

Mr Andrew Marsden Director O’Connor Marsden & Associates Pty Ltd Level 1, 1 York Street Sydney NSW 2000

Phone: (02) 9252 2565 Email: [email protected]

6.13 Notification

Once the Trust has prepared a shortlist of Proponents from the Stage One EOI, the Trust will notify all Proponents whether or not they have been shortlisted and/or invited to prepare and lodge a more detailed RFP submission, as part of the Stage Two RFP process.

6.14 Variation of EOI

The Trust reserves the following rights at any time to:

(a) alter, amend or vary this EOI and the process outlined in this document;

(b) extend the deadline for lodgement of Proposals;

(c) if the Trust considers that it is in the public interest to do so, suspend or terminate this EOI process or any part of it;

(d) require additional information or clarification from any Proponent or anyone else, or provide additional information or clarification to any Proponent or anyone else;

(e) negotiate or not negotiate with any one or more Proponent(s), and discontinue negotiations at any time;

(f) not accept the highest or any financial offer; and

(g) add to, alter, delete or exclude any of the requirements to be provided by the successful Proponent under this EOI.

For the avoidance of doubt, the Trust confirms that it may exercise its rights under this clause and elsewhere in this EOI at any time and in its absolute discretion, unless this EOI expressly provides otherwise.

6.15 Inspection of Land

The Trust will arrange and coordinate a Voluntary Site Inspection date, during normal business hours, for all interested Proponents to visit the subject Land, as indicated at [6.6], Timetable for Assessment of Proposals.

Proponents wishing to participate in this Voluntary Site Inspection will first be required to register their interest and contact details in writing, direct with the Contact Officer.


07. Annexures

7.1 Returnable Schedules

7.2 Subject Land Area

7.3 Controlled Intersection, Great Western Highway

7.4 General EOI Terms

7


7


07 Annexures7.1 Returnable SchedulesSchedule 1: Proponent’s Details

ITEM INFORMATION DETAILS

1 Proponent’s Full Legal Name

2 Proponent’s Australian Business/Company Number (ABN/ACN)

3 Specify Business Entity type (eg. individual (sole trader), corporation, partnership, association, trust, superannuation fund)

4 Business Entity Registration Date

5 Proponent’s Trading or Business Name

6 Proponent’s Address (business & postal)

Business

Postal

7 Contact Person’s Postal Name

Position

Address

Telephone No.

Mobile No.

Facsimile No.

E-mail Address

Web Address

8 Consortium Members in Proponent’s Entity (if applicable)

SIGNED, SEALED AND DELIVERED

by the PROPONENT in the presence of:

.................................................................. ................................................................. Secretary/Director/Witness (signature) Director/Proponent (signature)

................................................................. ................................................................. Secretary/Director/Witness Name (printed) Name (printed)

(Note: in the case of partnerships all partners are required to sign. In the case of a company two directors or a director and company secretary are required to sign. In the case of a proprietary company that has a sole director, that director is required to sign).


Schedule 2: Proposed Facility, Initial Concept Plans and Experience

ITEM INFORMATION

1 Proposed Facility

• Details of the proposed outdoor entertainment, leisure or tourism facility and uses

• Achievement of the Trusts’ Plan of Management 2020 objectives of creating a major regional recreation and tourism hub at Bungarribee Park

2 Initial Concept Plans

• Site concept plans (not expected to be a fully detailed design concept at Stage One EOI)

• Land area required

• Parking & traffic management strategies

• Indicative Development Program

3 Experience

• Describe the organisation’s and staff’s experience in developing, constructing, leasing and operating a similar facility for the proposed use

• Detail the organisation’s track record of entering into similar contracts and in developing, constructing, leasing and operating a similar facility

Schedule 3: Financial Capacity and Financial Offer

ITEM INFORMATION

4 Financial Capacity

• Proposed capital investment value

• Financial capacity of Proponent to develop and construct a facility on the Land and to fund the capital works

• Financial viability of the business to fund ongoing operating expenses

• Requirements for government funding

• Project funding (debt/equity ratios)

• Annual Financial Statement (Balance Sheet & Profit & Loss accounts)

5 Financial Offer

• Indicative financial offers in terms of upfront development payments and annual rental lease payment

• Provide details of any financial forecasts and/or models in support of financial offer

• Proposed lease period


07 Annexures7.2 Subject Land Area


7.3 Controlled Intersection, Great Western Highway Current Design


07 Annexures7.4 General EOI Terms

Limited Purpose and Context of EOI

Information has been provided in this EOI to assist Proponents to make their own evaluation of the Land so as to enable those Proponents to submit the information required by the EOI. Proponents who submit this information are expected to undertake their own independent investigations, review and analysis of the Land and the information set out in this EOI.

This EOI 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 EOI, and must form their own opinion as to whether or not to submit the information required by the EOI.

Acknowledgement and Disclaimer

The Trust, their officers, employees, advisors and agents:

(a) make no express or implied representation or warranty as to the currency, reliability or completeness of the information contained in this EOI;

(b) 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;

(c) make no express or implied representation or warranty with regard to future revenues, operating costs and profitability of the Proponent’s proposed use of the Land; and

(d) to the extent permitted by law, expressly disclaim all liability arising from information contained in or omitted from this EOI 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 EOI, 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.

No Contract

This EOI 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 Agreement is entered into. In the event that an Agreement for Lease or Lease Agreement is entered into in relation to the EOI, this request for EOI does not form part of the Agreement for Lease or Lease Agreement except to the extent that it is expressly incorporated.

The Trust is not obliged to proceed with this request for EOI’s.

This EOI document does not constitute an offer in relation to the lease of the Land.

Proponent Costs

All expenses and costs incurred by a Proponent in connection with this EOI, 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.

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 EOI, and the extent to which each consortium member guarantees the performance of each other consortium member’s role.

Security, Probity, Risk and Financial Checks

The Trust reserves the right to perform such security or financial checks and procedures 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:

(a) financial viability;

(b) corporate history;

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

(d) past performance;

(e) experience, qualifications and skills of resources; and

(f) other issues of risk.

Each Proponent agrees to provide, at its cost, all reasonable assistance to the Trust in this regard.


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 evaluation process.

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 EOI or any subsequent contract arising out of this EOI, 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.

The Trust’s Rights

Notwithstanding any other provision of this EOI, the Trust reserves the right, at any time to:

(a) alter, amend or vary this EOI and the process outlined in this document;

(b) extend the deadline for lodgement of Proposals;

(c) if the Trust considers that it is in the public interest to do so, suspend or terminate this EOI process or any part of it;

(d) require additional information or clarification from any Proponent or anyone else, or provide additional information or clarification to any Proponent or anyone else;

(e) negotiate or not negotiate with any one or more Proponent, and discontinue negotiations at any time;

(f) not accept the highest or any financial offer; and

(g) add to, alter, delete or exclude any of the requirements to be provided by the successful Proponent under this EOI.

For the avoidance of doubt, the Trust confirms that it may exercise its rights under this clause and elsewhere in this EOI at any time and in its absolute discretion, unless this EOI expressly provides otherwise.

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 EOI or in the provision of the property or services specified in the EOI. 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:

(a) enter into discussions to seek to resolve such conflict of interest;

(b) disregard the proposal submitted by such a Proponent; or

(c) take any other action as it considers appropriate.

Canvassing

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

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.

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 EOI), anti-competitive 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.

NSW Government Code of Practice for Procurement

Proponents are to comply with the NSW Government Code of Practice for Procurement, which is available at: http://www.nswprocurement.com.au/Government-Procurement-Frameworks/Files/Code_of_prac-curr.aspx

Lodgement of a proposal is evidence of the Proponent’s agreement to comply with the Code of Practice for Procurement.

Unlawful Inducements

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.

Improper Assistance

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

Rocco SergiWestern Sydney Parklands Trust ABN 85 202 544 800 Level 4, 10 Valentine Avenue PARRAMATTA NSW 2150

Phone: (02) 9895 7500 Email: [email protected] Online: www.westernsydneyparklands.com.au

Documents

Expression of Interest Bungarribee Park