Proposed Lease of Level 1/24 Fitzroy Street, Tamworth

⁠⁠⁠Council invites Interested Parties to lodge an Expression of Interest to lease the Council owned premises in the Tamworth CBD located on the first floor of Peel House. The premises is known as Level 1/24 Fitzroy Street, Tamworth being part Lot 1 DP 1031910. An aerial image indicating the location of the proposed premises is attached, refer to APPENDIX B.

Situated in the centre of town, the premises currently consists of open plan office space, reception area, separate enclosed office, kitchenette and men’s and women’s bathroom. Refer to APPENDIX D for the current floor plan of the premises.

The area of the proposed premises to be leased is approximately 600m2 .

The premises would be suitable for a commercial business that is able to utilize and activate this site in the CBD.

Council is seeking expressions of interest from parties who wish to conduct their business in accordance with the current land use and zoning permissions. Refer to Part C below for details regarding the permitted land uses.

Any proposal should clearly indicate whether car parking is required and if so, how many car parks may be required. Interested Parties should be aware that any allocation of car parks is at the sole discretion of Council. Any proposal that does not include an interest in car parks will be assumed to not require them and their proposal will be assessed accordingly.

An Expression of Interest will constitute an offer to enter into negotiations with Council to develop a proposal for the use of the premises.

The Expression of Interest Form is attached at APPENDIX A.

Any Expressions of Interest should address the following issues in detail:

1. An official offer for the lease (including rental offer and proposed term of lease).

2. Fully detail what use is being proposed.

3. Detail how the proposed use will be consistent with existing and proposed surrounding development and use.

4. Detail how the use will be beneficial to the Tamworth regional community and provide better community outcomes being direct, indirect and ancillary.

5. Provide a proposed timeframe for commencement of the lease.

6. Provide details of the interested party(s), previous experience in carrying out a business and preferably provide examples of such businesses and references.

7. Provide details of the financial capacity of the party(s) providing the Expression of Interest to carry out the proposed business.

CONDITIONS OF SUBMITTING AN EXPRESSION OF INTEREST

1. INTERPRETATION

In these “Conditions of Submitting an Expression of Interest” and elsewhere, except where the context requires otherwise:

“Closing Date” means the last date for the lodgment of an Expression of Interest being 11:00am on 12 December 2023.

“Council” means Tamworth Regional Council and includes its authorized delegates;

“Day” means business day, that is not Saturday or Sunday or a public holiday for the Council’s employees;

“Expression of Interest” means lodgment of a detailed proposal or concept with respect to the proposed lease of Level 1/24 Fitzroy Street, Tamworth being part Lot 1 DP 1031910 containing all requested information and documentation, with a view towards subsequently entering into negotiations with Council (refer to clause 4 of these Conditions);

“Interested Party” means the person or entity lodging an Expression of Interest;

“Person” includes an individual, a corporation or a body politic;

“Expression of Interest document” includes all of the following:

(i) the Request for Expressions of Interest document in its entirety including:

a) Information for Interested Parties; and

b) Conditions of Submitting an Expression of Interest;

(ii) Expression of Interest Form submitted by Interested Party;

(iii) the Information supplied by Interested Parties; and

(iv) any further written information supplied as an addendum to this Request for Expression of Interest Document.

In these conditions, unless the contrary intention appears, words importing a gender include any other gender and words in the singular include the plural and vice versa.

2. INTERESTED PARTY STATUS

It is Council’s practice to negotiate and contract only with persons having appropriate financial resources, insurances and legal status.

If the Interested Party is a Trust or a Trustee of a Trust, then a full copy of the trust deed may be requested by Council for inspection.

It is also Council’s practice to deal with entities that have an Australian Business Number (ABN) and are registered for GST.

3. INTERESTED PARTY TO INFORM ITSELF

The Interested Party shall bear all costs or expenses incurred by it in preparing and lodging an Expression of Interest. Council recommends that you obtain independent financial and legal advice regarding the Expression of Interest document. In addition, no costs, expenses, losses, damages, allowances or payments will be paid to the Interested Party as a result of you neglecting to have examined or obtaining appropriate professional advice and\or carrying out your own due diligence. The Interested Party should make itself familiar with:

a) all parts of this Expression of Interest document;

b) all information made available and/or all information obtainable in relation to the land by the making of reasonable enquiries;

c) the site and its surroundings including the location of all existing public utility services and the availability of services (where relevant to the project);

d) satisfied itself as to the correctness and sufficiency of its Expression of Interest.

4. EXPRESSION OF INTEREST

The lodgment of an Expression of Interest by an Interested Party in accordance with these “Conditions of Submitting an Expression of Interest” will constitute an offer to enter into negotiations with Council with a view towards exploring and developing a proposal that may subsequently be submitted to Council for formal approval for the lease of Level 1/24 Fitzroy Street, Tamworth being part Lot 1 DP 1031910.

The Expression of Interest lodged by an Interested Party will remain open for Council to consider and commence negotiations with an Interested Party until 180 days from the Closing Date.

5. GENERAL CONDITIONS OF CONTRACT

The general conditions of any subsequent agreement (if any) will be developed by negotiation between the parties.

Any subsequent agreement will include conditions requiring the successful proponent to be responsible for the fairly apportioned share of outgoings and any utility charges that are not metered separately. The share of apportioned outgoings and utility charges not metered separately will be calculated based on the area of the premises in proportion to the combined area of all the premises located on the property.

All fit-out costs will be the responsibility of any potential lessee.