ATTACHMENT B
BALLINA SURF CLUB
EXPRESSION OF INTEREST
OFFER TO LEASE KIOSK
Proponents / Registrants wishing to lease the Kiosk on the ground floor of the new
Ballina Surf Club Building must complete and return the following documents with
their EOI proposal.
Please note that the Kiosk is not available for lease as a stand alone proposal to any
party other than the Ballina Lighthouse & Lismore Surf Life Saving Club (“BLLSLC”).
All other proponents / registrants seeking to lease the Kiosk must also provide an EOI
with Attachment A to lease the Café on the first floor of the building.
1. LETTER OF OFFER TO LEASE CAFÉ
This letter contains the general terms by which Council is offering a lease over
the Kiosk on the first floor of the Ballina Surf Club Building.
Proponents are required to nominate the Annual Rental they are prepared to
offer to lease the Kiosk and note it in Item 9 of the Letter of Offer.
Council may consider offers made with variations made to the terms and
conditions noted on the letter on the following page.
The document is provided in Word format and must be completed and signed
by proponents and returned with their EOI Submission.
2. PROPONENT’S / REGISTRANT’S RESPONSE
The document is provided in Word format and must be completed and signed
by proponents and returned with their EOI Submission.
Attachment B
Ballina Surf Club Kiosk EOI
Page 2
1.
LETTER OF OFFER TO LEASE KIOSK
Ballina Surf Club Kiosk
Ground Floor
65 Lighthouse Parade
BALLINA NSW 2478
The proponent detailed below, offers to lease the kiosk located on the ground floor of the new
Ballina Surf Club building, on the following terms and conditions. It is noted that no legal
obligations shall arise between the parties until such times as Council formally resolves to
approve a lease proposal and all relevant lease documentation is formally executed by all
parties.
1.
Lessor:
Ballina Shire Council
2.
Lessee:
To be advised
Trading as:
ABN:
Fax no.:
Contact person:
3.
Premises:
Kiosk – Ground Floor, Ballina Surf Club (highlighted in yellow
for identification purposes on the plan attached hereto).
4.
Lettable Area:
16 m2 (subject to survey)
5.
Permitted Use:
The Premises will be used for a kiosk.
6.
Lease Term:
Five years
7.
Option Terms:
Five years + five years
8.
Lease Commencement
Date:
9.
Annual
Commencement Rent:
Year One
Year Two
Year Three
Year Four
Year Five
The earliest of the following:
a)
Handover date for fitout to be six weeks prior, to
commencement; or
b)
the day the Lessee commences trading from the
Premises.
(To be filled in by Proponent)
Attachment B
Ballina Surf Club Kiosk EOI
$
$
$
$
$
Page 3
10.
Rent Commencement
Date:
As per the commencement date of the lease.
Rent to be paid monthly in advance by direct debit.
11.
Rent Reviews:
On each anniversary of the Lease Commencement Date the
current Annual Rent will be increased by CPI (Sydney)
movements, unless negotiated otherwise.
12.
Percentage Rent:
Nil.
13.
Promotion Fund:
Nil.
14.
Opening Promotion:
Not Applicable
15.
Outgoings:
Lessee is responsible for their proportion of outgoings, which
include (but are not limited to) their proportion of rates and
insurances.
16.
Other Costs:
The Lessee will pay for telephone, gas, excess water and
electricity used in the Premises, rubbish removal, common area
security and the cost of any tenancy specific security system or
overhead.
17.
Lease Preparation
Costs:
a)
b)
c)
18.
Survey Costs:
The Lessee will pay reasonable survey fees (if required).
19.
GST:
Any amount referred to in this letter is calculated exclusive of
GST unless otherwise stated. The Lessee will pay GST in
addition to rent and other such amounts.
Attachment B
Ballina Surf Club Kiosk EOI
The Lessor shall pay for the preparation of the lease.
Each party to pay their legal own costs; and
Stamp duty (if any) and registration fees to be paid by
the Lessee.
Page 4
20.
21.
Lessor’s Works in the
Premises:
Tenancy Fitout Works:
The Premises are accepted on an “as is where is” basis. The
following fitout works and fittings have been provided by the
Lessor and shall remain the property of the Lessor.

Vinyl covered concrete floor

Floor waste

Painted concrete block walls

Painted plasterboard ceiling

Ceiling mounted fluorescent lights

Five x double GPOs

Stainless steel serving counter with shelving beneath

One x floor mounted cupboard

Two x wall mounted cupboards

Double bowl stainless steel sink

Single bowl stainless steel sink

Hot and cold running water
The Lessee will be responsible for any additional fitting out the
Premises for occupation and acknowledges.
The Lessee acknowledges that it must obtain the Lessor’s
approval for any additional tenancy fitout works and must
provide first class finishes which are subject to the approval
of Ballina Shire Council.
The Lessee will be responsible for obtaining all relevant
approvals for additional tenancy fitout works.
The Lessee will pay for all works required to complete the
Premises fitout other than the Lessor’s Works.
The Lessee acknowledges that any alterations to the
Premises or to Lessor’s Works will be carried out at the cost
of the Lessee and by contractors approved by the Lessor.
Attachment B
Ballina Surf Club Kiosk EOI
Page 5
22.
23.
24.
Access for Fitout:
Insurances:
Business References:
Attachment B
Ballina Surf Club Kiosk EOI
The Lessee acknowledges that it will be allowed access to
the Premises to carry out tenancy fitout works provided that:
a)
the Lessee has delivered to the Lessor the duly signed
Lease, bank guarantee and cheques for one month’s
rent, stamp duty, registration fees and any legal fees;
b)
the Lessee has delivered original certificates of
currency to the Lessor showing that the insurance
policies referred to below have been effected and are
current;
c)
the Lessee has obtained the Lessor’s written approval
and all other necessary approvals in relation to the
Tenancy Fitout Works;
d)
the Lessee observes and complies with any reasonable
safety restrictions or other requirements imposed by
the Lessor or its architect, the Lessor’s Project
Manager; and Lessor’s Managing Agent.
Prior to accessing the Premises, the Lessee will effect the
following insurances:
a)
$20,000,000 public liability insurance for any one event,
in the names of the Lessor and the Lessee;
b)
plate glass insurance;
c)
fittings, fixtures and stock insurance; and
d)
contractors’ all risk policy in respect of the Tenancy
Fitout Works to their full value.
Within 48 hours after receipt of a request, the Lessee will
provide two business references including one from the
Lessee's accountant/banker covering the Lessee's reputation,
business experience, and financial capability.
Page 6
Attachment B
Ballina Surf Club Kiosk EOI
Page 7
Acknowledgements
The Lessee acknowledges that:(a)
a copy of the proposed Lease and Disclosure Statement have been made available to
the Lessee;
(b)
acceptance of this offer by the Lessor is subject to the Lessor and the Lessee signing
a formal Lease;
(c)
if the Lessee does not sign a Lessee’s Disclosure Statement within seven days of
receiving the Lessor’s Disclosure Statement, the Lessor may decide to reject this offer;
(d)
until all lease documentation is properly signed, the Lessor may deal with other parties
in relation to the Premises;
(e)
in deciding whether or not to accept this offer the Lessor will rely upon the accuracy
and comprehensiveness of the information about the Lessee contained in this offer
including the Lessee's details form and statement of financial position attached;
(f)
if any of the information changes materially or becomes incomplete the Lessee must
notify the Lessor immediately in writing;
(g)
the provisions of the Retail Leases Act 1994 may apply;
(h)
(1)
No Representations
the Lessee has made its own enquiries and investigations and the Lessee does not
rely upon any representations or conduct (whether expressed or implied, oral or
written) by the Lessor or any of the Lessor’s employees or agents other than those
listed in paragraph (h)(2) below in offering to lease the Premises;
(2)
Agreements or Representations on which the Lessee relies:
(i)
the Lessor makes no representation as to the suitability (structurally or otherwise) of
the Premises for the Lessee's business. The Lessee undertakes to make its own
investigations as to the suitability of the Premises to its satisfaction prior to the
execution of the Lease;
(j)
no representation (either expressed or implied, oral or written) has been made
promising the Lessee exclusivity of individual product or retail operation within the
building;
Attachment B
Ballina Surf Club Kiosk EOI
Page 8
(k)
no representation has been made as to the likelihood or otherwise of the Lease being
renewed on expiry of final option term;
(l)
no representation has been made as to the profitability of any business conducted or
to be conducted from the Premises;
(m)
the Lessee is aware of the possibility of any of the following occurrences during the
term of the lease and any extension of the term, and is aware that such occurrences
may cause the Lessee to be inconvenienced, and/or access by the Lessee and the
flow of customers to the Premises to be altered or inhibited, and/or the Lessee to
suffer some loss in trading:
(1)
premises in the building may be vacant for some period or periods in the future
and there may be delay in letting or reletting them;
where the building or any portion of it is being maintained, repaired, repainted,
replaced, altered or added to;
some plant and equipment in the building such as air-conditioning, lifts and
escalators may periodically break down and/or require maintenance, repair,
repainting or replacement;
some premises in the building may be reconfigured;
while any work associated with any development or redevelopment is
proceeding significant disruption may occur including, but not limited to,
disruption, in the form of vibration, dust, construction and noise.
(2)
(3)
(4)
(5)
(n)
the Privacy Amendment Act 2000 came into force on 21 December 2001 and seeks to
protect the right of individual persons to control the use, storage and disclosure of
information about them;
i.
personal information concerning the Lessee or its directors will be collected by the
Lessor. It will be used for assessing the lease application and for ongoing lease
management and may also be handled by third parties, such as the building’s
property managers or managing agents for these purposes; and
ii
the Lessor can be contacted for further information and for access to this personal
information.
Attachment B
Ballina Surf Club Kiosk EOI
Page 9
DATED:
Yours faithfully
(Where Lessee is a company)
SIGNED for and on behalf of the
Lessee by:
......................................................
(Full name of Signatory)
......................................................
(Office held)
Attachment B
Ballina Surf Club Kiosk EOI
)
)
)
)
)
)
)
)
......................................................
(Signature)
Page 10
2.
PROPONENT’S / REGISTRANT’S RESPONSE
REGISTRATION FOR THE OPPORTUNITY – TO LEASE KIOSK (GROUND FLOOR) BALLINA SURF
CLUB
I acknowledge that I have read this Expression of Interest and understand all associated conditions.
Registrant’s Name:
Business Address:
Postal Address:
Telephone Number:
Facsimile Number:
E-Mail Address:
Type of Organisation:
Date of
Incorporation/Establishment:
A.B.N.:
Contact
Name:
Position:
Parent Company Name (If
any):
The names, titles, addresses and background of Respondent’s owners, directors, principals,
partners, executive officers and major shareholders etc must be provided. Failure to disclose all
relevant details will automatically disqualify any Registrant (use additional sheets if necessary).
Attachment B
Ballina Surf Club Kiosk EOI
Page 11
I/We authorise the Ballina Shire Council or its delegate to effect any investigation to prove the
accuracy of the statements made herein and to obtain clarification and information on the technical
and financial aspects of this Registration of Interest. Ballina Shire Council undertakes that any
information obtained by it in connection with this application will be used only for the purpose of
this application and will be treated as confidential.
I/We hereby submit a proposal with the Ballina Shire Council for this project.
Signature of Witness
Signature of Respondent
Print Name
Print Name
Print Address
Designation
Duly authorised to sign for and on behalf of:
Dated this
2013
day of
NOTE: Respondent are required to submit their offers using the attached documents and/or in
the general format. If there is insufficient space for your response, please use
additional pages.
Attachment B
Ballina Surf Club Kiosk EOI
Page 12