Council meeting agenda - 4 June 2012 - Clarence City Council

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"Rosny Hill Nature Recreation Area" 12A Akuna Street Rosny, Tasmania Depending on the complexity of the property and the level of due diligence required to lodge a signed contract, purchasers may not be willing to participate in a second stage if a signed contract is required. In such cases, a preferred party may be selected and provided an exclusive period in which to complete due diligence and exchange contracts at the agreed price. Benefits of expression of interest include: � It is a commonly accepted method of sale in commercial property markets; � The method is similar but less formal and more flexible to a public tender campaign; � All prospective purchasers are given the opportunity to submit an EOI; � The method is nationally and internationally accepted due to the opportunity to participate in the first stage of the process with limited time and costs associated; � Flexibility in terms offered can often influence the purchase price. Expressions of Interest allow variations to a standard contract of sale enhancing the prospect of maximisation of price to the vendor. � The method allows confidentiality of information to the invited bidders; � The method imposes timeframes for a receipt of EOI; � Agents will have access to a database of prospective purchasers to invite to submit an EOI; � After receipt of EOIs negotiations can be undertaken confidentially; � An agent facilitates negotiations between the buyer and the vendor and can identify common ground; � The method is able to facilitate conditions precedent to a sale by either the prospective purchaser or vendor; � The method can allow the vendor to assess various expressions of interest to achieve the best outcome. This can be of significant benefit in assessing differing development projects which requires greater consideration than just the proceeds of sale (price); � The method can be used as a fore-runner to other methods of sale eg sale by private treaty with preferred parties; Limitations of expression of interest include: � The method does not (on its own) promote competition between purchasers; � The method can be criticised to be secretive by unsuccessful parties; � Documentation required to be prepared in the EOI process may compel the prospective purchasers to incur costs without any guarantee of success; � Some purchasers are intimidated by the method; The EOI process is considered the most appropriate marketing method for the sale or leasing of a leasehold interest in the RHNRA because: � It provides Council with the opportunity to consider potential uses put forward by proponents before deciding on the preferred development concept; � It allows Council to balance the interests of the general public with the interests of commercial operators; � The method is transparent and provides an opportunity for any party to express an interest in the proposed future use of the site; � The nature of the site requires flexibility in terms of commercial negotiations for the development of the site; Page 26
14.0 Concluding Comments "Rosny Hill Nature Recreation Area" 12A Akuna Street Rosny, Tasmania The “Rosny Hill Nature and Recreation Area” is a unique site which enjoys supberb vistas overlooking the River Derwent, the Eastern Shore, City of Hobart and Mount Wellington. It is a popular reserve for local residents and tourists and is presently used for some commercial business activities (such as bus tours). Although the site has regular visitors, there are no public facilities and the site is under utilised and under developed. The site should continue to be preserved as a reserve for flora and fauna conservation, and for the use and enjoyment of the general public as a recreational reserve. This should not preclude sensitive or appropriate commercial activities or development which could provide financial contributions which will enhance the use and maintenance of the reserve for the future benefit of the community. Author Counter Signatory William Reynolds AAPI, B.Bus (L.Ec), CPV API Member 40064 Director Richard Steedman AAPI, B.Comm (Prop), CPV API Member 40071 Senior Valuer Important This report is subject to the definitions, qualifications and disclaimers and other comments contained within this report. Counter Signatory The counter signatory confirms that the report is genuine and is endorsed by Opteon (Tasmania). The counter signatory may not have formally inspected the property. The opinions herein have been arrived at by the principal signatory. Report Version 2012[Commercial Comprehensive]: Version 1 Page 27
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CLARENCE CITY COUNCIL - 4 JUNE 2012
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David Sales CHIEF EXECUTIVE OFFICER
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Council meeting agenda - 4 June 2012 - Clarence City Council

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