Invitation for Offers
Lot 27 Bowden East
Table of contents
Part A – Introduction and Summary ................................................................................... 1
1
Introduction .............................................................................................................. 1
1.1
1.2
1.3
1.4
2
Invitation ........................................................................................................................ 1
Enquiries ........................................................................................................................ 1
Closing ........................................................................................................................... 1
Background .................................................................................................................... 1
Definitions ................................................................................................................. 2
Part B – Site – Invitation for Offers ..................................................................................... 4
3
Site information ........................................................................................................ 4
3.1
3.2
3.3
3.4
3.5
The Site.......................................................................................................................... 4
Environmental site audit ................................................................................................ 4
Zoning ............................................................................................................................ 4
Open Space Contribution .............................................................................................. 4
Additional information .................................................................................................... 4
4
Contract requirements – Lot 27 ............................................................................... 5
5
The Invitation process ............................................................................................. 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
6
Offers for the Site ........................................................................................................... 5
Offer requirements ......................................................................................................... 5
Offer lodgement and Closing Date ................................................................................ 6
Evaluation Criteria ......................................................................................................... 6
Staged evaluation .......................................................................................................... 7
Clarification .................................................................................................................... 7
Contact Persons ............................................................................................................ 7
Clarification during the Invitation process ...................................................................... 7
Terms and conditions .............................................................................................. 8
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
Non-binding nature of Invitation ..................................................................................... 8
Disclaimer ...................................................................................................................... 8
Developer acknowledgements ...................................................................................... 9
Probity ............................................................................................................................ 9
Reservation of rights .................................................................................................... 10
Developers offer costs ................................................................................................. 10
Publicity and confidentiality ......................................................................................... 11
Copyright and intellectual property .............................................................................. 11
Attachment 1 Allotment Control Plan ............................................................................ 12
Attachment 2 Deposited Plan......................................................................................... 16
Attachment 3 Developer Summary Sheet ..................................................................... 18
Invitation for Offer – Lot 27
Part A – Introduction and Summary
1
Introduction
1.1
Invitation
Since the launch to the developer market in March 2012, the Adelaide property market has
shown it is capable of exceptional design and development quality at Bowden. Over 400
apartments and townhouses have been sold to owner occupiers and investors and with over
16 projects confirmed, the Bowden development is well on track for great success.
The first stage of streets are finished and the first residents have now moved in and Bowden
continues to affirm itself as the pre-eminent City Living option.
The Urban Renewal Authority ABN 86 832 349 553 of Level 9, Riverside Centre, North
Terrace, Adelaide, South Australia 5000, trading as Renewal SA (Renewal SA) through its
selling agent Connekt Urban Projects is inviting Offers from Developers for the purchase and
development of the site known as Lot 27 Bowden East, South Australia more particularly
described in clause 3.1 of this Document (Invitation) in accordance with the provisions of this
Document.
1.2
Enquiries
You may direct general enquiries about the Site and any queries about this Invitation to the
Contact Persons, details set out below:
1.3
Ms Georgie Taarnby
Sales Consultant
Connekt Urban Projects
Ms Lisa Vallely
Sales Consultant
Connekt Urban Projects
E:
M:
E:
M:
[email protected]
0417 852 357
[email protected]
0438 438 839
Closing
The closing date is set at 4.00pm (Adelaide time) Tuesday 14 June 2016.
1.4
Background
Bowden Project
Renewal SA is the owner of a parcel of land approximately 16.4 hectares in area, situated
within the suburbs of Bowden and Brompton and bounded by Park Terrace, Chief Street,
Seventh Street and the Outer Harbour Rail Corridor. It is intended that this parcel of land will
be developed in stages into a high quality, high density, residential and mixed use
development. It is currently envisaged that the following key features will make up the
Bowden Project:
(a)
minimum of 3 storey buildings, with the majority being 4 - 12 storeys. High rise
apartment and commercial towers may also feature in the vicinity of Park Terrace/Port
Road;
(b)
a total of approximately 2,400 residential dwellings to consist of townhouses, terraces
and apartments;
(c)
neighbourhood retail centres, including such uses as cinema, leisure, food and
beverage comprising a total of 10,000 to 12,000 square metres GFA in a mixed use
format;
(d)
key commercial precincts comprising a total of approximately 15,000 square metres
GFA;
Invitation for Offer – Lot 27
Page 2
(e)
proximity to the Adelaide CBD and the Adelaide Entertainment Centre;
(f)
development adjacent to key transport opportunities, including Bowden and North
Adelaide train stations, tram line extension and parkland bicycle and walkway paths;
(g)
community facilities; and
(h)
high quality public realm – paving, planting, lighting and street furniture.
The Developer acknowledges that the features of the Bowden Project described in this
Invitation and the numbers referred to above represent Renewal SA's current intentions for the
Bowden Project, however all details provided are approximate and for information purposes
only. Renewal SA makes no representation or commitment that the matters described above
or anywhere else in this Invitation will reflect the actual project outcomes.
Role of Renewal SA
Pursuant to the Housing and Urban Development (Administrative Arrangements) (Urban
Renewal Authority) Regulations 2012 (SA), Urban Renewal Authority ABN 86 832 349 553
trading as 'Renewal SA' was established on 1 March 2012 as a statutory corporation reporting
to the Minister for Housing and Urban Development.
Renewal SA is responsible for planning, managing and facilitating the delivery of strategic
residential, mixed use and industrial development projects. In doing this, Renewal SA works
in partnership with communities, all levels of government, industry and other key stakeholders
to achieve outcomes that benefit South Australia.
2
Definitions
Term
Meaning
Affordable Housing Unit
The Strategy and Affordable Housing Unit
within Renewal SA
Allotment Control Plan
The document titled 'Bowden East Lot 27:
Guiding Principles and Control Plan' set out
in Attachment 1
Bowden Project
The staged development and sale of certain
land as generally described in clause 1.4 of
this Invitation
Bowden Urban Design Guidelines
The guidelines titled 'Developer's Handbook
and Urban Design Guidelines' and appearing
on the Project Website
http://www.lifemoreinteresting.com.au, as
amended from time to time
Contact Persons
The persons described in clause 1.2 of this
Document
Council
The City of Charles Sturt
Contract of Sale
The Contract of Sale in respect of the Site in
the form included on the Project Website and
titled “Contract for the Sale and Purchase of
Land - Bowden Lot 27”
Document
The whole of this Invitation for Offers
Developer
A party that lodges an Offer in response to
Invitation for Expressions of Interest – Lot 27
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the Invitation
Evaluation Criteria
The evaluation criteria set out in clause 5.4
Invitation
The Invitation for Offers in Part B of this
Document
Invitation Process
The process for the Invitation in Part B of this
Document
Last Queries Date
Any day up to five working days before the
Offer Closing Time
Offer
Any offer lodged in response to the Invitation
Offer Closing Time
4.00pm (Adelaide time) Tuesday 14 June
2016 or as amended in accordance with this
Document
Project
The project contemplated by this Document
in respect of the Site
Project Website
Means the website developed by Renewal
SA and which contains information
specifically for the Bowden Project, with the
web address of
http://www.lifemoreinteresting.com.au
Renewal SA
Urban Renewal Authority
ABN 86 832 349 553 trading as 'Renewal SA'
Renewal SA's Sales Agent
Urban Projects Australia Pty Ltd
ABN 26 158 633 544 trading as 'Connekt
Urban Projects'
Site
The land described as Allotment 27 in the
Deposited Plan set out in Attachment 1 and
being more particularly described in
clause 3.1.
State Government
The Crown in right in the State of South
Australia
Invitation for Expressions of Interest – Lot 27
Page 4
Part B – Site – Invitation for Offers
3
Site information
3.1
The Site
The Site is a rectangular shaped vacant allotment located at Bowden East and has a total
area of 1,101 square metres. The parcel is described as Allotment 27 in the Deposited Plan
set out in Attachment 2 and is the land comprised in Certificate of Title Volume 6150 Folio
758. Renewal SA is the registered proprietor.
Details regarding the site are outlined in the Allotment Control Plan (Attachment 2)
3.2
Environmental site audit
A Site Contamination Audit Report – Bowden Urban Village Stage 2 dated 11 April 2014 has
been prepared by AECOM. A copy of this report can be found on the Project Website via the
following link http://lifemoreinteresting.com.au/developers/
3.3
Zoning
The Site is within the Urban Core Zone of Council.
Developers need to consider the Objective, Desired Character and Principles of
Development Control for this zone and make their own assessment as to the
development potential of the Site.
3.4
3.5
Open Space Contribution
(a)
Renewal SA has made arrangements with the relevant planning authority so that there
will be no open space contribution required under section 50 of the Development Act
1993 (SA) in respect of any subsequent residential development undertaken on the
Site (Open Space Contribution).
(b)
Furthermore, Renewal SA will agree to indemnify the successful Developer of the Site
against any claim for payment of an Open Space Contribution made by the
Development Assessment Commission or such other relevant planning authority in
respect of the successful Developer's subsequent development of the Site.
Construction and sale of apartments
The Developer should be aware of the following constraints relating to the construction and
sale of completed apartments:
(a)
the Developer will not be permitted to advertise its proposed development or any
apartments to be created as part of its proposed development generally or specifically
to any member of the public prior to 1 August 2016;
(b)
the Developer will not be permitted to commence construction (other than preliminary
investigations) prior to 1 February 2017;
(c)
Renewal SA’s role in sales and marketing is intended to be scaled back over the next
12 months and Renewal SA gives no warranty or commitment that there will continue
to be a sales agent or a marketing and sales manager appointed by Renewal SA; and
(d)
it is currently intended that the Sales and Information Centre will not exist beyond 31
March 2017.
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3.6
4
Additional information
(a)
Renewal SA has established a Project Website which contains additional information
and due diligence data, together with any 'breaking news', updates and/or changes to
the data or the Invitation. Copies of each of the documents referred to in this Invitation
will be available from this Project Website
(b)
Any Developer wishing to access the documents from the Project Website may first be
required to register an email address and once registered, that email address will be
the registered address for all notices and other communications from Renewal SA or
any party acting on behalf of Renewal SA to a Developer pursuant to this Invitation.
Contract requirements – Lot 27
Renewal SA's role and required commercial approach for the sale and development of the
Site are set out in this Document and the Contract of Sale.
5
The Invitation process
5.1
Offers for the Site
The process being adopted by Renewal SA for the Site is an Invitation for Offers.
Renewal SA will evaluate Offers based on the Evaluation Criteria.
Renewal SA may, at its sole and absolute discretion, decline to evaluate any Offer where the
Developer has failed to satisfy the requirements set out in this Invitation including where an
Offer relates to only a portion of the Site.
Renewal SA is not committed to the form of any procurement process to follow this Invitation
and will decide on the process and whether to proceed or not after considering Offers.
Respondents should be aware that a subsequent process may include:
(a)
the appointment of a preferred Developer; or
(b)
an invitation to submit proposals being made to one or more of the Developers; or
(c)
direct negotiations with one or more Developers,
but is not limited to these possibilities.
This Invitation and/or the selection of a preferred Developer(s) to enter the next stage of the
process will not in itself be deemed to create any binding contract (including a process
contract) between Renewal SA and the Developer(s) (or create a legitimate expectation on the
part of the Developer), until a legal agreement has been executed by both parties.
Any agreement with the successful Developer will be subject to the obtaining of State
Government approvals by Renewal SA.
5.2
Offer requirements
Developers are required to:
(a)
complete the Developer Summary Sheet at Attachment 3; and
(b)
prepare the Offer and respond in accordance with the matters outlined in the
evaluation criteria in clause 5.4 of this Document.
Offers must be a maximum of 15 A4 pages.
Invitation for Expressions of Interest – Lot 27
Page 6
For ease of preparation and internal distribution, the Developer must ensure its Offer is
submitted in A4 paper format (plans or drawings can be provided in A3 paper format). All
paper documents shall include one original and 2 clearly identified copies (with the original
bound and the copies unbound). In addition, a CD or memory stick of the Offer in PDF format
is required (including the document and attachments).
Where there are discrepancies between the paper document and the PDF format the PDF
version will be taken as correct.
5.3
Offer lodgement and Closing Date
All Offers are to be placed in a sealed envelope or package which is clearly marked:
Bowden Sales & Information Centre
Attention: Ms Georgie Taarnby
Corner Sixth Street and Park Terrace
BOWDEN SA 5007
and delivered to the Bowden Offer Box at the address stated above on or before the Offer
Closing Date.
All Offers must be lodged by 4.00pm (Adelaide time) Tuesday 14 June 2016 (Offer
Closing Time).
When lodging an Offer the Developer is required to ensure that the Offer envelope is stamped
with the date and time of receipt prior to being placed in the Bowden Offer Box. Renewal SA
will not accept responsibility for late or misdirected Offers.
5.4
Evaluation Criteria
Renewal SA will use the Evaluation Criteria to assess and evaluate Offers to determine the
Developer's capability to fulfil the objectives and the requirements specified in this Invitation.
The following table sets out the Evaluation Criteria:
The Evaluation Criteria are in no particular order, and the order in which they appear bears no
relationship on their individual weighting or importance.
1
Criteria
Description and Required Information
Design Credentials

Design team credentials – architect and builder.

Evidence of previous high quality medium density
development by the nominated team citing
3 examples and including the value of the projects,
the specific individuals involved and the roles they
had in delivering those projects.

Demonstrated capability and ambition for creative
and innovative design.

Demonstrated ability to think laterally with regard to
design and sustainability.
Invitation for Expressions of Interest – Lot 27
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2
3

Organisational
Capability
Price and Commercial
Terms


5.5
Financial, organisational and delivery capability
including details of relevant experience and
expertise of the Developer, Builder and/or
Consortium over the last 10 years, including (but not
limited to):
o
structure of partnership or organisation
(local contact, interstate management team,
partnership arrangement);
o
demonstrated capability to deliver on time
and to budget, citing 3 previous medium
density examples;
o
satisfactory outcome from financial due
diligence, including appropriate insurances,
indemnity etc; and
o
market reputation and standing.
Developer’s commercial offer is to include;
o
purchase price offered;
o
details of any variations to the Contract for
Sale; and
o
proposed settlement date
All Offers are made subject to the terms of the
Contract of Sale unless expressly stated by the
Developer in its Offer.
Staged evaluation
Renewal SA reserves the right to evaluate Offers on a staged basis and to determine not to
give further consideration to a particular Offer or Offers at any time whilst continuing to
consider another Offer or other Offers.
5.6
Clarification
Renewal SA may seek clarification on matters relating to an Offer at any time before a legal
agreement is entered into with the successful Developer. Any expenses incurred by
Developers in clarifying any aspects of its Offer will be borne by the Developer.
5.7
Contact Persons
The Contact Persons are the only persons authorised by Renewal SA to communicate with a
Developer about this Invitation.
5.8
Clarification during the Invitation process
The Developer may raise a query or seek clarification at any time up to 5 business days
before the Offer Closing Time (Last Queries Date). Developers should note the following:
(a)
the Contact Persons will endeavour to answer any general property or process
questions asked by a Developer. If a question is considered by the Contact Persons
to be of a substantive nature, the Contact Persons will request the question to be in
writing;
(b)
Renewal SA reserves the right to inform all other Developers of the question or matter
raised and the response given, however Renewal SA may at its discretion choose not
to do so;
Invitation for Expressions of Interest – Lot 27
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(c)
Renewal SA reserves the right to respond or not respond at its discretion to any query
or matter raised after the Last Queries Date;
(d)
where matters of significance make it necessary for Renewal SA to amend the
Invitation prior to the Offer Closing Time, the amendments shall be advised as an
addendum forwarded by Renewal SA to all Developers who have been provided with
this Invitation by Renewal SA in sufficient time for all to consider the addendum
properly and fully before the Offer Closing Time. Where appropriate Renewal SA
reserves the right to extend the Offer Closing Time when an addendum is issued; and
(e)
where Renewal SA considers it appropriate to provide additional information to
Developers (the provision of which information does not, in the opinion of Renewal
SA, amount to or require an amendment to the Invitation) Renewal SA may do so at
any time prior to the Offer Closing Time by way of an update item made available on
the Renewal SA website at http://www.lifemoreinteresting.com.au.
6
Terms and conditions
6.1
Non-binding nature of Invitation
(a)
6.2
This Invitation is not:
(i)
an offer to sell of any kind and does not necessarily indicate an intention by
Renewal SA to enter into legal relations with any party receiving this Invitation;
or
(ii)
to be interpreted as creating a binding contract (including a process contract)
as between Renewal SA on the one hand and any Developer on the other in
relation to the processes contemplated by this Invitation or giving rise to any:
(A)
contractual, quasi-contractual, restitutionary or promissory estoppel
rights; or
(B)
expectations as to the manner in which a Developer will be treated in
the evaluation of its Offer.
(b)
No legal or other obligations will arise between a Developer and Renewal SA until
both parties proceed to execute formal documentation in accordance with this
Invitation.
(c)
Renewal SA is not obliged to proceed with, or negotiate in respect of, any Offer.
Disclaimer
(a)
(b)
The information set out in this Document is not intended to be exhaustive and
Developers should make their own enquiries regarding:
(i)
the contents of this Document; and
(ii)
the suitability of the Site for any form of development.
Neither Renewal SA, the Contact Persons or any employee, agent or contractor of
Renewal SA provides any warranty or makes any representations, expressed or
implied, as to the completeness or accuracy of the information contained in this
Document or any information which may be provided in connection with this
Document.
Invitation for Expressions of Interest – Lot 27
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6.3
Developer acknowledgements
Each Developer agrees and acknowledges that:
6.4
(a)
the Developer has fully informed itself of all conditions and matters relating to the
Invitation Process and Invitation requirements;
(b)
the Developer has sought and examined all necessary information which is obtainable
by making reasonable enquiries relevant to the risks, contingencies and other
circumstances;
(c)
the Developer does not rely on any expressed or implied statement, warranty,
representation, whether oral, written or otherwise, made by or on behalf of
Renewal SA or the Contact Persons or any employee, agent or contractor of
Renewal SA;
(d)
the Developer relies on its own investigations and enquiries in lodging an Offer; and
(e)
Renewal SA, the Contact Persons and any employee, agent or contractor of
Renewal SA are not liable for any incorrect or misleading information or failure to
disclose information whether in connection with this Document or any document
attached or related to it.
Probity
(a)
Renewal SA expects that Developers will:
(i)
not disclose to any rival Developer their commercial offer;
(ii)
submit a response in good faith and not deliberately submit a commercial offer
in order to enhance the commercial offer of any other Developers;
(iii)
maintain the confidentiality of the documents and information provided by
Renewal SA, including answers to questions, whether oral or written;
(iv)
make inquiries and otherwise liaise on matters relating to this Invitation with
the Contact Persons;
(v)
declare any actual, potential or perceived conflict of interest as part of the
Invitation Process;
(vi)
not offer any incentive to, or otherwise attempt to influence any employee of
Renewal SA or any member of the Offer evaluation committee in relation to,
this Invitation;
(vii)
not enter into any contract, arrangement or understanding where the purpose
of that contract, arrangement or understanding, in the event that a Developer
is successful in its response, is that such Developer will pay to or provide an
unsuccessful Developer(s) or any other person(s) monies or any benefits or
fulfil any undertaking which is a consequence of any collusive circumstances
in respect of or in relation to this Invitation or any contract resulting therefrom;
(viii)
comply with all laws in force in South Australia applicable to the Invitation
Process; and
(ix)
comply with Renewal SA's Fraud and Corruption Policy,
and if a Developer acts contrary to the expectations set out above, Renewal SA may
in its discretion exclude the Developer from further consideration, including from any
subsequent selection process.
Invitation for Expressions of Interest – Lot 27
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6.5
Reservation of rights
Renewal SA may, in its absolute discretion:
6.6
(a)
extend the Offer Closing Time (time or date) for Offers;
(b)
amend this Invitation at any time up until the Offer Closing Time in accordance with
clause 5.8 of this Invitation and all such variations will be binding on each Developer
as if the same were originally included in this Invitation;
(c)
abandon this Invitation whether before or after the receipt of Offers;
(d)
ask any Developer to clarify any ambiguity in a proposal or Offer, or to provide
additional information in support of a proposal or Offer, at any time after the Closing
Time;
(e)
after evaluation of Offers, negotiate directly with any Developer(s) and discontinue
negotiations at any time with each Developer;
(f)
undertake a shortlist of preferred Developers (whether before or after direct
negotiations) and invite a final and best offer from a shortlisted Developer(s);
(g)
undertake negotiations with another Developer or any other person or company who is
not a Developer should negotiations with a preferred Developer fail;
(h)
unless otherwise clearly specified in an Offer accept part of an offer made in the Offer;
(i)
perform financial, criminal records, reference and character checks in relation to the
Developer, its partners, associates, or related bodies corporate, subcontractors,
officers and staff. The Developer may be requested to provide reasonable assistance
in this regard;
(j)
make any enquiries of any person, company, organisation, or matter related to the
Developer including (but not limited to) confirmation of any information provided by the
Developer in an Offer;
(k)
consider an Offer which is submitted otherwise than in accordance with this Invitation
or which is submitted after the Offer Closing Time;
(l)
seek advice of external consultants to assist in the evaluation or review of Offers;
(m)
at its sole discretion, elect not to consider an Offer submitted by a Developer that:
(i)
has a potential, actual or perceived conflict of interest;
(ii)
employs or engages a person who has a potential, actual or perceived conflict
of interest whether or not the potential, actual or perceived conflict of interest
is disclosed; and/or
(iii)
has some or all of the contents of an Offer;
(n)
invite any person or company to lodge an Offer;
(o)
not to accept any Offer; and
(p)
take any other actions it considers appropriate.
Developers offer costs
Any and all costs incurred by Developers in submitting a proposal as a result of this Document
shall be the sole responsibility of that Developer.
Invitation for Expressions of Interest – Lot 27
Page 11
6.7
6.8
Publicity and confidentiality
(a)
Information supplied by or on behalf of Renewal SA is confidential to Renewal SA and
each Developer is obliged to maintain this confidentiality.
(b)
Subject to clause 6.7(c), any proprietary information included in an Offer relating to the
form of a proposed development, which is not generally known or available in the
public domain and which is specifically developed by a Developer for the purposes of
its Offer, will be kept confidential by Renewal SA, unless otherwise agreed.
(c)
Although Renewal SA understands the need to keep commercial matters confidential,
Renewal SA reserves the right to disclose some or all of the contents of any Offer:
(i)
to any consultant or advisor as part of Renewal SA's consideration of the
Offer; and
(ii)
as a consequence of a constitutional convention in order that the relevant
Minister may answer questions raised in the South Australian Parliament,
keep Parliament informed or otherwise discharge the Minister's duties and
obligations to Parliament and to advise the Governor, Parliament and/or the
State Government, or if required to do so by law. Any condition in an Offer
that purports to prohibit or restrict the Minister's right to make such disclosures
cannot be accepted.
(d)
A Developer may not make any news releases or responses to media enquires
pertaining to this Document, the Invitation Process or the subsequent selection
process without Renewal SA's prior written approval.
(e)
If a Developer acts contrary to these expectations, Renewal SA reserves the right to
terminate negotiations and exclude such Developers from the process.
Copyright and intellectual property
By lodging an Offer a Developer licenses Renewal SA to reproduce for the purpose of the
Invitation Process the whole or any portion of the Offer despite any copyright or other
intellectual property right that may exist in the Offer.
Invitation for Expressions of Interest – Lot 27
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Attachment 1
Allotment Control Plan
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Page 14
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Page 15
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Page 16
Attachment 2
Deposited Plan
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Page 17
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Attachment 3
Developer Summary Sheet
Developer
Name:
Postal Address:
Developer Contact Person
Name:
Postal Address:
Street Address:
(if different from the above Postal Address)
Email Address:
Telephone No:
Mobile No:
Facsimile No:
Developer Consortium Team (if applicable)
Name:
(1)
Company:
Note: (1) Includes any not-for-profit, developer, or other consortium members.
Invitation for Offer – Lot 27
Role in development of the
Site(s)