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TENDER INFORMATION PACKAGE

MARINA DEVELOPMENT SITE

MATTY’S FLAT MARINAAT

SOUTH WEST ROCKS

CONTENTS

Tender info package of 16

Section 1

Property report

1.1 Invitation 31.2 Potential development/redevelopment 31.3 Services 41.4 Improvements 41.5 Access 41.6 Planning control/authorities 51.7 Tenure 51.8 Warranty 6

Section 2

Applicant information

2.1 Information for intending applicants 72.2 Enquires 72.3 Information checking 82.4 Information confidentiality 8

Section 3

The selection process

3.1 Selection procedure 93.2 Selection criteria 93.3 Evaluation of Tender 103.4 Lodgement of Tender 11

Annexures

A Site diagram 12B Lease area 13C Tender Offer Form 14D Crown Lands Policy for Marinas and Waterfront

Commercial Tenures 15E Information to assist in Preparation of Business Case 27F Information sheet for security deposit 37


Section 1 Property Report

1.1 Invitation

The Department of Lands regularly investigates and releases waterfront commercial sites (including for marinas and commercial boatsheds). Other opportunities may continue to arise in this Region and in other Regions along the NSW coast.

At this site Crown land has been made available for consideration for a marina style development. It is located on the southern bank of the Macleay River at Matty’s Flat Reserve, South West Rocks.

The Department of Lands (Lands) is required, in accordance with the Codes of Practice and Tendering for NSW Government Procurement, to make the site available to public competition by way of commercial public tender.

The site comprises Crown land shown by red and blue edges in annexures A and B. The red edged area comprises lot 303 DP 754396 (739.8m2) and lot 383 DP 1101498 (1015 m2). The blue edged area comprises an area of waterway (1.14 ha.) extending approximately 240m north easterly from lot 383.

Lot 303 DP 754396 and lot 383 DP 1101498 are available by way of a lease for a term of 20 years. The additional area, comprising waterway north east of lot 383, is available by way of a Licence for a term of 5 years only to allow investigation for extension of the marina. A tenderer must tender for both. The Lease and Licence must be held by the same holder and cannot be dealt with separately.

Lot 303 has been developed for commercial use ie known as South West Rocks Boatshed.

The successful tender will be determined without prejudice in accordance with the selection criteria.

Submissions are to be lodged with the Program Manager (Commercial), Dept of Lands, PO Box 440, Taree NSW 2430 or placed in the Tender Box at Dept of Lands, 98 Victoria Street, Taree NSW 2430 by 4pm on Friday 3rd November 2006.

Unless prior arrangements have been agreed to by the Program Manager NO application will be accepted after the closing time.

1.2 Potential development/redevelopment

The Department of Lands is seeking early reopening and redevelopment of the site after the successful tenderer secures their interest by way of Lease (“Business Purposes”) and Licence (“Investigation – Marina Extension”).

Prior to consent being given for lodgement of any Development Application for approval under the Environmental Planning and Assessment Act 1979 various criteria will need to be addressed.


These include the proposal’s environmental impacts and constraints, nature and scope and the social and economic benefits to the community.Note: Lands reserves the right to withhold owner’s consent for proposals it may not support.

1.3 Services

The site’s known services include water, electricity and telephone. There is no sewer connection but the service is available in the area. Connection to the sewer needs to be addressed in any redevelopment. The requirements of Kempsey Shire Council (Macleay Water) should be clarified in this regard. Catering for the pumping out of vessel holding tanks may also be required.

Any intending applicants are advised to make their own investigations as to the existing capacity and proposed services and whether they will be adequate for their intended use.

Tenderers should be aware that costs associated with the provision of services to the site will be borne by the successful tenderer subject to relevant statutory planning and consents.

1.4 Improvements

Part of the tender site (lot 303) is substantially developed for use as a commercial boatshed. Improvements consist of a metal clad shed, underground fuel tank (condition unknown), fuel bowser and associated fuel lines, jetties (in need of replacement/repair), retaining wall (in need of replacement/repair) and hardstand surfaces (in need of replacement/repair).

Moorings within the tender site are currently occupied by Charter Operators, Royal Volunteer Coastal Patrol and NSW Maritime. The improvements constructed by the Coastal Patrol and NSW Maritime remain the property of those parties. The boatshed, underground fuel tank and large unused cool room are considered a Crown improvements and this is reflected in the attached draft Lease document forming part of the tender.

Infrastructure associated with current use outside the tender area is not part of this tender.

An operational underground fuel tank (unleaded) is located within the premises. The condition of the tank, pump and fuel line is not confirmed but is in use and has been recently upgraded by NSW Maritime. The successful tenderer will assume full responsibility for their repairs (and Licensing with WorkCover) prior to operation. Otherwise, the tank must be removed by the Lessee or decommissioned to comply with relevant legislation. Note: NSW Maritime holds a temporary Licence from the Department of Lands to use the underground fuel tank. Fuel in the tank at the time of the granting of the Lease remains the property of that Authority. Negotiations between the Lessee and that Authority will be required to address this issue and reimbursement of recent pump upgrading costs.

Vessels currently moored on site remain the property of their owner. Fridges and freezers on site provided by goods suppliers remain the property of the respective supplier.

1.5 Access


Access to the site is by tarred road (New Entrance Road) and then a tarred road through Reserve 86775 for Public Recreation. Kempsey Shire Council is the Reserve Trust Manager.

Car parking requirements within the premises, the adjoining reserve, the adjoining Council Public Road and the Crown Public Road will need to be negotiated with Kempsey Shire Council and the Department of Lands.

1.6 Planning control/authorities

Zoning of the site is covered under Kempsey Shire Council’s Local Environmental Plan 1987 (LEP) as amended.

Relevant authorities, including Kempsey Shire Council, have consented to the Department leasing the Tender Lease site (not including the Tender Licence site) for commercial boatshed and marina development. Any use, redevelopment and/or future development of this area will require approval under the Environmental Planning and Assessment Act 1979. Tenderers should consider discussing their intended uses, redevelopment works and development concepts with the relevant Consent Authority.

Other approvals which may be required include:

Department of Lands’ consent to approve and endorse its “land owner’s” consent to any Development Applications for lodgement with the Consent Authority

any amendments to Kempsey Shire Council’s LEP consent of the Dept of Primary Industries (NSW Fisheries) and compliance with its

statutory and relevant planning requirements consent of Dept of Environment and Conservation and compliance with its statutory and

relevant planning requirements consent of NSW Maritime. This includes compliance with its statutory planning

responsibilities and role in accordance with the Protection of the Environment legislation (including the installation of holding tanks for vessels with toilets moored on site).

consent from Kempsey Shire Council (Macleay Water) for sewerage connection/s consent of any other relevant statutory authorities.

Note: The above planning controls are indicative only. It is the tenderer/applicant’s responsibility to make their own enquiries as to the feasibility of any proposed development meeting the relevant requirements and any other consents that may be required at the time of application.

1.7 Tenure

The tendered site is the Crown land as shown in Annexures A and B.

The site is not currently under a formal tenure from the Department of Lands. Lot 303, formerly known as South West Rocks Boatshed, has previously been used for commercial boatshed, boat hire, shop, tackle sales, workshop, fuel dispensing facility and moorings by way of Special Lease granted under the Crown Lands Act 1989. The Special Lease was forfeited in accordance with Section 129 (1) of the Crown Lands Act 1989.

The Department has in place temporary agreements with a number of Charter Operators to moor vessels on site. The Department has also licensed jetty mooring facilities, within the


tender Licence area, to both NSW Maritime and the Royal Volunteer Coastal Patrol. The lessee’s role to continue to provide for these parties is covered in the Special Conditions of the Lease and Licence documents.

Part of the tendered site within Lot 383 is subject to mooring rights issued by NSW Maritime. That authority has agreed to cancel those rights at the time of granting of the Lease.

Tenures for the successful applicant will be based on the attached draft Lease and Licence documents and Selection Criteria as set out in this document.

Subject to compliance with the terms of the Tender and the Lease and Licence terms and conditions - particularly relating to gaining Development Approval to extend quality marina uses into the Investigation Licence area, the Department of Lands undertakes to grant the successful tenderer with a single new Replacement Lease for the whole tendered area.

The Replacement Lease will be in similar terms and conditions as the Draft Lease document accompanying this tender package. Rent for the Replacement Lease will be determined at that time by the Minister administering the Crown Lands Act 1989.

The legislative authority for granting the Lease and Licence by the Department of Lands is in accordance with the Crown Lands Act 1989.

1.8 Warranty

While the Department of Lands has taken all care in providing the information contained in this document, warranty does not apply nor does the information form part of any contractual agreement.

Intending applicants are advised to rely upon their own enquiries.


Section 2 Applicant information

2.1 Information for intending applicantsThe tender process will be used to engage a suitable applicant by way of the attached Lease and License arrangements. The Lease and Licence are co-dependent.

The Lease will be granted for “Business Purposes” for a term of 20 years over Lot 303 DP 754396 and Lot 383 DP 1101498.

The Licence will be granted for “Investigation – Marina Extension” for a term of 5 years over the wet area north east of lot 383 DP 1101498 as illustrated by blue edge in Annexure “A”.

Applicants will be required to tender for the attached draft Lease and Licence in accordance with the selection criteria.

The attached draft Lease has been based on use of the site for commercial waterfront activities.

The Crown Lands Policy for Marinas and Waterfront Commercial Tenures is relevant. An information document is also enclosed to assist in the preparation of a business case.

The Department further undertakes to grant a Replacement Lease over the whole of the tendered site upon the successful tenderer gaining the required Development Approvals for the Licence for Investigation – Marina Extensions as set out in the Licence and Lease documents.

2.2 Enquiries

Any enquiries or explanations requested by the applicant should be directed to:

The Department’s Taree Office PO Box 44098 Victoria StreetTaree NSW 2430Ph 02 65913500Fax 02 65522788

Contacts (including for gaining key access to the premises).

Chris Atchison (Ph 65913501)Linda Birse (Ph 65913505)David Cooper (Ph 65913510)Garry Munro (Ph 65913515) Oral explanations or information given to the applicant prior to the acceptance of a tender shall not bind the Department of Lands, the Minister (administering the Crown Lands Act 1989) or the State Government. The applicant shall be responsible for requesting such oral explanations or information to be confirmed in writing.


Copies of any such information given to a prospective applicant concerning the proposal, which, in the Department of Lands’ opinion, materially alters or clarifies this documentation, will also be given to other prospective applicants by way of notice in writing.

Important Notice: Access to the premises is currently restricted. No person shall enter the premises without being accompanied by a person authorised by the Department of Lands.

2.3 Information checking

Responses should be carefully checked before lodgement to ensure they are correct and all criteria have been met.

Tender submissions must be signed by the applicant or their duly authorised officer. In the case of a company or corporation, the signatories and position in the organisation must be shown and signed under company seal.

2.4 Information confidentiality

All tenders will remain the property of the Department of Lands. The Department will treat the contents of tender submissions received as ‘commercial in confidence’.

The applicant or their duly authorised officer shall not, without the Department’s written permission, make any public statement in relation to any proposal. The Minister reserves the right to make any public announcements concerning the tendering process and the outcome thereof.


Part 3 The selection process

3.1 Selection procedure

The NSW Department of Lands is now proceeding to a formal public tender for a 20 year Lease and Licence for a 5 year term, under the Crown Lands Act 1989. Subject to compliance with conditions for the Lease and Licence the whole of the site may be progressed to a single Replacement Lease.

The steps this tender process will take are as follows.

1. Receipt of all formal tender submissions.

2. Evaluation of all submissions by a selection committee with final recommendations as to the successful tender or short listing of a number of suitable tenders.

3. If required, negotiation of final leasing arrangements with short listed applicants in order of merit determined by the selection committee.

4. Notification of successful applicant or, alternatively, abandon the proposal if submissions are considered to be below the standard required.

The selection process will be undertaken by a Selection Committee comprising senior officers of the Department of Lands and an independent representative. The recommendation of the Selection Committee will require the approval of the Minister’s delegated officer.

For probity reasons, the Department further reserves the right not to enter into any correspondence regarding tender submissions or selection of an approved tenderer before, during or after the selection process.

3.2 Selection criteria

Any tender submission must address the following Selection Criteria (not necessarily in order of priority).

a) A nominated premium for the attached draft Lease, payable prior to the Lease execution.

b) Rent for the attached draft Lease. (Note Rent is subject to review and CPI adjustments).

c) Business Case detail. A tenderer must submit with their tender a Business Case which includes information, for evaluation purposes, that covers the following :-

i) Business Profile - ie Name of Proponent / Australian Company Name / Australian Business Number / Registered Business Office and Postal Address / Details of company ownership / Place of Business / Contact name and position / Telephone/fax numbers and email address.


ii) Project Description – This description must include:-

- a description of the proposal (including Concept Plans and Schedule of Works) supported by any appropriate documentation

- the proposed timeframe to implement the proposal (including attention to both urgent repair works to render the premise safe and submitted Concept Plans)

- estimated value of the project (including for urgent repair works to render the premise safe and submitted Concept Plans)

- means to continue to provide for existing on-site Charter Operators

iii) Financial Capacity – Statements must address :-

- evidence that the proposal will be commercially viable (eg draft business plan)- evidence of the applicant’s ability to fund the proposal and relevant information

iv) Technical Capability – Statements should include information about members of any team formed to undertake the project. The statement is to address :-

- key personnel and the team structure to be assigned to design and construct the facility (including repairs) and related works

- qualifications and experience of the team members- details of any comparable projects undertaken

v) Commitment to Community - Statements must demonstrate the applicant’s commitment to the community in areas such as :-

- local industry participation- local community liaison involvement eg planning processes- construction and maintenance of public facilities and amenities

vi) Contractual arrangements – include the applicant’s acceptance of the terms and conditions of the Tender Lease and Licence documents.

3.3 Evaluation of Tender

The Tender Selection Committee will evaluate and recommend for approval the preferred tender based on the following criteria :-

1 The Project Description and evidence that the project will deliver the required outcomes as evident in the Tender Information Package (including the Draft Lease and Licence documents)

2 Financial capacity to meet the likely contractual obligations associated with the project and the proposals included in the tender submission.

3 Rent and Premium tendered

4 Community and other benefits including local industry participation and community facilities/services proposed

5 Experience and capacity in successfully designing, constructing, financing, maintaining and operating similar tourism/commercial facilities.

6 Design, construction and operational resources available to the tenderer


7 Innovation in approach


3.4 Lodgement of Tender

Tender submissions, together with the attached offer form, must be placed in the Tender Box before the time and date nominated for closing unless prior written approval has been obtained from the Department of Lands Program Manager (Commercial) Taree Office.

Tenders lodged by post [Australia Post] must be legibly time and date stamped prior to the closing date and time. Other courier services will be deemed late unless received prior to the closing time.

The completed tender submission must be placed into a sealed envelope and clearly marked Tender submission – Matty’s Flat Marina Site At South West Rocks and clearly identify the tenderer on the outside of the envelope.

Closing date: 4pm Friday 3rd November 2006

Tenders must be placed in the Tender Box at:

Department of Lands 98 Victoria Street,Taree NSW 2430

OR POSTED

by placing in a sealed envelope within another envelope marked and addressed to:

Program Manager (Commercial), Department of Lands, PO Box 440,Taree NSW 2430

Applicants posting their submission should telephone and confirm receipt of the documents prior to the closing time. Bulky documents [if any] to accompany the tender should be lodged separately by delivery to the Taree Office.

These items should be suitably packaged and identified with the name of the applicant, title and closing date. The tender should clearly indicate if bulky items are being sent separately.

PLEASE NOTE THAT FACSIMILE TENDERS WILL NOT BE ACCEPTED.


ANNEXURE A


ANNEXURE B


TENDER OFFER FORM

20 YEAR LEASE and 5 YEAR LICENCE (WITH OPPORTUNITY TO PROGRESS TO A LEASE)

MARINA OPPORTUNITY AT SOUTH WEST ROCKS

I/We……………………………………………… ABN/ACN (if applicable)………………

of ……………………………………………………………………………………………

Telephone: Business……………………….After hours/mobile …………………………

I/We have read and understand the terms of the Tender document and the DRAFT Lease and Licence documents and conditions and agree to the terms and conditions contained therein. I/We have also read the Crown Lands Policy for Marinas and Waterfront Commercial Tenures.

I/We will accept the co-dependant 5 year Licence for Investigation – Marina Extension over the site shown by blue edge on Annexure “A” of the Tender Information Package at a rent of $400 (+CPI).

I/We submit the following offers for a 20 year lease over Lot 303 DP 754396 and Lot 383 DP 1101498 (incl. the premises known as “South West Rocks Boatshed”)

I/We confirm that I am/we are financially able to commence operations on the site.

1. Sum offered for Lease rental $ ...........................

2. Sum offered for Lease premium $ ………………….

The Business Case as required in the other Selection Criteria is also attached.Dated this ……………………..day of ………………………… 2006.

Signed by ……………………………… ……………………………………. (name / position) (signature, company seal)

In the presence of witness: ……………………… ………………………….(name) (signature)

Offer to be lodged by 4pm on 3rd November 2006.

at or posted to


The Tender BoxDept of Lands

98 Victoria StreetTaree NSW 2430

The Tender BoxDept of Lands

PO Box 440Taree NSW 2430

ANNEXURE C

lc - 20€¦ · web viewlot 303 has been developed for commercial use ie known as south west...

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