THE GRAND HOTEL| GLADSTONE - YouVu
THE GRAND HOTEL| GLADSTONE - YouVu
THE GRAND HOTEL| GLADSTONE - YouVu
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<strong>THE</strong> <strong>GRAND</strong> <strong>HOTEL|</strong> <strong>GLADSTONE</strong><br />
INFORMATION MEMORANDUM | MARCH 2011<br />
1
CONTENTS<br />
INTRODUCTION 4<br />
EXECUTIVE SUMMARY 5<br />
LOCATION OVERVIEW 6<br />
SITE DETAILS 7<br />
<strong>THE</strong> HOTEL OVERVIEW 8<br />
DEVELOPMENT OPPORTUNITIES 28<br />
FINANCIAL OVERVIEW 29<br />
ONLINE DATA ROOM 30<br />
INVESTMENT ATTRIBUTES 31<br />
SALES PROCESS 32<br />
DISCLAIMER 33<br />
ANNEXURES 34<br />
2 3
1<br />
INTRODUCTION<br />
2<br />
EXECUTIVE SUMMARY<br />
On behalf of Guy Edwards, Darryl Kirk and Paul Kirk of PricewaterhouseCoopers, acting as Receivers and Managers of<br />
the property referred to in this information memorandum (“The Receivers”), CBRE Hotels are delighted to offer this rare<br />
opportunity to purchase The Grand Hotel, Gladstone.<br />
The Grand Hotel is situated on Goondoon Street, Gladstone. The property is located 546 kms north of Brisbane and 1,100<br />
kms south of Cairns and occupies a prominent site in the heart of Gladstone’s central business district.<br />
Key investment considerations include:<br />
• Gladstone is located in the heart of Queensland’s booming mining industry.<br />
• Central Gladstone location, enjoying significant passing traffic.<br />
• 3,900m²* site presenting expansion or development opportunities (subject to relevant approvals).<br />
• Cash flow in excess of $7.7M for 2009/2010.<br />
• Potential to increase revenue and operating margins through injection of energy and fresh ideas into the business;<br />
The freehold property, together with the business, Queensland hotel licence and 40 poker machines authorities are offered<br />
for sale via a Closed Tender Campaign, closing Thursday 5th of May at 4:00pm.<br />
For further information, please contact the exclusive agents on the details listed below.<br />
Craig Harley<br />
Joel Fisher<br />
T: 07 3833 9779 T: 02 9333 3429<br />
M: 0409 039 461 M: 0414 562 610<br />
E: craig.harley@cbre.com.au E: joel.fisher@cbre.com.au<br />
Property<br />
The Grand Hotel<br />
79 Goondoon Street, Gladstone, QLD<br />
Position<br />
The Grand Hotel is situated on the northern side of Roseberry Street between Goondoon Street and<br />
Central Lane in Gladstone.<br />
Building Area The Grand Hotel - 3,900m²*<br />
The Detached Bottleshop - 58m²*<br />
Title Details Property/Address Lot Plan Title Reference<br />
The Grand Hotel 22 RP885338 50035167<br />
County of Clinton, Parish of Gladstone<br />
Property Facilities 40 gaming machine authorities<br />
Bistro/cafe<br />
Public bar<br />
Sports bar<br />
Lounge bar<br />
Drive through bottleshop with walk in retail liqour shop<br />
Detached bottleshop<br />
Conference/function room<br />
Sportsbet, TAB and KENO facilities<br />
Spacious gaming room<br />
Commercial kitchen<br />
Designated outdoor smoking area “DOSA”<br />
Children’s play area<br />
Administration offices<br />
Licence Liquor Licence: 82157<br />
Gaming Licence : 73566<br />
Trading Hours: 10:00am to 12:00am (Monday to Sunday)<br />
Services<br />
The property has all the normal connections and access to standard services and utilities, including<br />
electricity, town water, sewerage and telephone.<br />
* Approximately<br />
* Approximately<br />
4 5
3<br />
LOCATION OVERVIEW<br />
4<br />
SITE DETAILS<br />
The Gladstone Region is located in Central Queensland, 546 kilometres north of Brisbane and 1,100 kilometres South of<br />
Cairns. The Gladstone Region encompasses 10,488 square kilometres and has a combined population of approximately 60,<br />
000 residents.<br />
Title Particulars:<br />
The subject property is referred to as:<br />
Lot 22 of Registered Plan 885338<br />
County of Clinton, Parish of Gladstone<br />
The region is recognised as a strategic and logical choice for industrial, commercial, retail and residential investment. Since<br />
the 1960’s the Gladstone Region has been recognised as an industrial hub, due to an excellent harbour, availability of<br />
services, transport systems and raw materials.<br />
Australia’s energy industry is at the beginning of an era of momentous change, with multibillion - dollar investments aimed<br />
at the development, pioneering and implementation of Coral Seam Gas into Liquefied Natural Gas (LNG). The Gladstone<br />
region will be a major beneficiary of Australia’s and Queensland’s mining boom, with Gladstone being the major mining/<br />
LNG export hub.<br />
Dimensions and Area: Land Area 3,900m²*<br />
Goondoon Street Frontage: 40.25m<br />
Roseberry Street Frontage: 92.35m<br />
Corner Truncation: 5.66m<br />
Central Lane Frontage: 36.33m<br />
Depth Northern Boundary: 97.53m<br />
Local Authority:<br />
Gladstone City Council<br />
*Approximately<br />
Map of Central Gladstone and the Grand Hotel location<br />
* Site outline indicativley only * Site outline indicativley only<br />
6 7
5<br />
<strong>THE</strong> HOTEL OVERVIEW<br />
* Site outline indicativley only<br />
Overview<br />
The Grand Hotel is located in Gladstone, Australia major mining/LNG export hub. The property is situated on Goondoon<br />
street and occupies a prominent site in Gladstone, 546 kms north of Brisbane and 1,100kms south of Cairns.<br />
The hotel includes 40 gaming machine authorities, bistro, public bar, sports bar, lounge bar, conference/function room,<br />
sportsbet, TAB and KENO facilities, gaming room, drive through bottleshop with walk in retail liqour shop, detached<br />
bottleshop, commercial kitchen, designated outdoor smoking area “DOSA”, children’s play area and administration offices.<br />
A detailed overview of these facilities are highlighted on the following pages.<br />
8 9
Public Bar<br />
Key Features:<br />
• Direct access from Goondoon Street<br />
• Corian bar service counter<br />
• Glycol beer reticulation system<br />
• 1 Service point including 8 beer taps<br />
• Cold room with 5 display doors<br />
• Glass refrigeration unit<br />
• Designated outdoor smoking area adjacent (DOSA)<br />
• KENO facilities available<br />
• Ducted air conditioning<br />
• Male and female toilet amenities<br />
10 11
Sports Bar<br />
Key Features:<br />
• Bar with 1 service point including 8 beer taps<br />
• Glycol beer reticulation system<br />
• 2 TAB terminals<br />
• KENO register terminal<br />
• 2 TAB information terminals<br />
• TAB form filing area<br />
• TAB plasma screen monitors<br />
• KENO plasma screen monitors<br />
• Ducted air conditioning<br />
12 13
Conference/Function Room<br />
Key Features:<br />
• Access from main foyer<br />
• Located on the first floor<br />
• Covered verandah (DOSA)<br />
• Timber entertainment stage<br />
• Polished granite bar service counter<br />
• Glycol beer reticulation system<br />
• 1 service point including 4 beer taps<br />
• Finishing functions kitchen with lift access<br />
• Male and female amenities<br />
• Ducted air conditioning<br />
Bi-fold partition walls enable the partitioning of the first floor into three function rooms and the<br />
capacities of each room are tabled as follows:<br />
ROOM <strong>THE</strong>ATRE SEATING BANQUET SEATING COCKTAIL<br />
Phoenix 130 80 150<br />
Heron 50 50 60<br />
Sandpiper 70 60 120<br />
Grand Ballroom( Phoenix and Heron combined) 200 160 300<br />
14 15
Gaming Room<br />
Key Features:<br />
• Located at the rear of the hotel which offers discreet access and privacy<br />
• 40 gaming machine authorities<br />
• Cashier station<br />
• Raised ceiling with suspended lighting<br />
• Casual seating<br />
• Private designated outdoor smoking area (DOSA)<br />
• Ducted air conditioning<br />
16 17
Bistro<br />
Key Features:<br />
• Bistro capacity for approximately 120 patrons<br />
• Open floor plan dining<br />
• Built in ordering service station<br />
• Internal dining<br />
• External dining<br />
• Seperate cafe area<br />
• Lounge seating<br />
• ATM<br />
• Continuous bar serivce counter<br />
• Male and female amenities<br />
• Ducted air conditioning<br />
18 19
Commercial Kitchen<br />
Key Features:<br />
• Well located for ease of service direct to the bistro<br />
• Fully equipped commercial kitchen<br />
• Preparation area, scullery, dry and cold goods storage<br />
• Stainless steel benches<br />
• Various kitchen appliances<br />
• Cold room and freezer room<br />
20 21
Children’s Play Area<br />
Key Features:<br />
• Fully enclosed and able to be viewed from the bistro<br />
• 1 flat screen monitor screening a range of DVD movies<br />
• 3 Sony playstations with a range of games<br />
• Various children’s toys available<br />
22 23
Drive Through Bottleshop<br />
Key Features:<br />
• Large retail liquor store<br />
• 3 walk in customer friendly cold rooms<br />
• 2 vehicle service lanes in the drive through<br />
• 3 pallet high beer storage<br />
• Single sales service point<br />
• Ducted air conditioning<br />
• 2 pallet high beer storage<br />
• Auto lift roller shutter doors<br />
24 25
Detached Bottleshop<br />
Key Features:<br />
• Located within a convenience retail centre which has prime location at the<br />
intersection of two major arterial roads<br />
• Well designed retail floor space<br />
• Wine and spirit racks<br />
• Display fridges<br />
• Single sale service point<br />
• Ducted air conditioning<br />
26 27
Administration Offices<br />
Key Features:<br />
• Management office complete with 2 computer work stations located on the ground level<br />
• General managers office located in the basement<br />
• Security systems with surveillence<br />
• Audio nightlife system<br />
• Cash room equipped with safe<br />
• Offices are air conditioned<br />
• Function co-ordinator office located on level 1<br />
28 29
6<br />
DEVELOPMENT OPPORTUNITIES<br />
7<br />
FINANCIAL OVERVIEW<br />
15/03/2011 MYOB / Excel<br />
The Grand Hotel occupies a strategically significant and large 3,900m² site in the heart of Gladstone CBD. The existing hotel<br />
occupies approximately one third of the site with the remaining area being designated car parking and landscaped gardens,<br />
thus enabling significant development opportunity for potential purchasers.<br />
The current owner had identified the development opportunity some time ago and has an existing Development Approval in<br />
place as follows:<br />
DA Status<br />
The Gladstone City Council endorsed the development application for material change of use, on the 6th March 2007 and<br />
has given consent to the “construction of 96 room hotel/motel and associated parking” adjacent to the existing pub.<br />
This DA expired on 11th May 2008 and mirrored an earlier approval issued in January 2001.<br />
Other development opportunities<br />
Whilst a DA has previously been approved for the development of 96 hotel/motel rooms (adjacent the pub) as mentioned<br />
above, this may not necessarily be the best and highest use for the site. Other potential uses for the site that have been<br />
identified (subject to approvals by the relevant authorities) include;<br />
• A detached bottle shop<br />
• Mixed use commercial and residential development<br />
• Convenience shopping and small scale mixed business use<br />
• Office/retail development<br />
• Service industry related development<br />
• Medical centre<br />
• Showroom<br />
The Grand Hotel - Gladstone<br />
Profit & Loss Statement<br />
July 2009 through June 2010<br />
Total<br />
Income<br />
Liquor Sales<br />
Bar $1,424,001.76<br />
Detached Bottleshop $1,977,153.10<br />
Drive Thru $1,872,780.46<br />
Functions $231,331.92<br />
Total Liquor Sales $5,505,267.24<br />
Food Sales<br />
- Bistro $728,686.29<br />
- Function Food $279,348.33<br />
Total Food Sales $1,008,034.62<br />
Functions<br />
- Extras/Decorations $3,252.32<br />
- Hire Recoverable $9,038.64<br />
- Room Hire $78,886.89<br />
- Staffing $1,261.35<br />
- Tea/Coffee $16,818.29<br />
Total Functions $109,257.49<br />
Insurance Claims $15,348.66<br />
Apprentices Rebate $6,500.00<br />
Gaming<br />
Poker Machines<br />
- Poker Machine Turnover $15,396,552.57<br />
- Payouts to Players ($13,932,991.68)<br />
- Gaming Tax ($592,407.61)<br />
Total Poker Machines $871,153.28<br />
Commission - TAB $60,067.17<br />
Commission - Keno $40,488.20<br />
Total Gaming $971,708.65<br />
Sundry Income<br />
- Cigarettes $69,423.19<br />
- Cigarette Commission $12,361.50<br />
- ATM $5,612.58<br />
- Vouchers Expired ($267.00)<br />
Total Sundry Income $87,130.27<br />
Sundry $367.66<br />
Total Income $7,703,614.59<br />
More detailed financial information is provided in the “online data room”.<br />
30 31
8<br />
ONLINE DATA ROOM<br />
Further and more detailed information will be made available to prospective purchasers via the “online data room”. Access<br />
to this site will be available to genuinely interested parties (upon request to CBRE Hotels) who will be required to complete a<br />
Confidentiality Agreement attached in Annexure I.<br />
Upon completion and return of the Confidentiality Agreement to CBRE Hotels, your details will be provided to<br />
PricewaterhouseCoopers for approval. If approved, you will receive an email with access details and instructions for opening<br />
and using the online data room.<br />
Investment Attributes<br />
9<br />
INVESTMENT ATTRIBUTES<br />
• Gladstone is Queensland’s mining industry export hub<br />
• Spacious 3,900m²* site with expansion and development opportunities<br />
• Cash flow in excess of $7.7M for 2009/2010<br />
• Hotel licence and 40 gaming machine authorities<br />
Value Adding Opportunities<br />
• Vast influx of both short and long term mining contractors<br />
• Further capitalise on the mining industry<br />
• Optimise the property’s location<br />
• Marketing and promotion of all business departments<br />
*Approximately<br />
32 33
10<br />
SALES PROCESS<br />
11<br />
DISCLAIMER<br />
CBRE Hotels has been retained exclusively by PricewaterhouseCoopers acting as Receivers and Managers to offer for sale The<br />
Grand Hotel, Gladstone.<br />
The Grand Hotel is being offered for sale by way of a Closed Tendor campaign. Interested and qualified parties are advised<br />
to undertake a detailed review including financial and operation analysis and an escorted site inspection.<br />
CBRE Hotels, instructed by the Receivers and Managers, requires bidders to submit Closed Tender offers by no later than<br />
4:00PM on Thursday 5th May 2011.<br />
Closed Tendor offers should be sent by facsimile, email or in a sealed envelope.<br />
Attention: Mr Craig Harley, QLD Manager, Hotel Brokerage Attention: Mr Joel Fisher, National Director, Hotel<br />
Brokerage<br />
Facsimile: (07) 3833 9830 Facsimile: (02) 3833 9830<br />
Email: craig.harley@cbre.com.au<br />
Email: joel.fisher@cbre.com.au<br />
Postal: Level 33, 1 Eagle Street, Brisbane, QLD, 4001 Postal: Level 26, 363 George Street, Sydney, NSW, 2000<br />
Hand delivery: Level 33, 1 Eagle Street, Brisbane, QLD,<br />
4001<br />
Hand delivery: Level 26, 363 George Street, Sydney, NSW,<br />
2000<br />
Disclaimer for Information Memorandum<br />
This information memorandum (“IM”) has been prepared by CBRE Hotels (“CB Richard Ellis”) and is prepared on the basis<br />
of information provided to CB Richard Ellis in connection with the relevant transaction. Any statement or opinion made by<br />
CB Richard Ellis in connection with the transaction contemplated in the IM is not based on any actual or implied knowledge<br />
or consideration of the investment objectives, financial situation, legal or taxation position or any other particular needs<br />
or requirements of the recipients of this IM. All parties must make their own independent assessment and investigation<br />
including without limitation, seeking professional advice and must determine its interest in proceeding upon the basis of such<br />
independent assessment, investigation and appraisal.<br />
Any statement or opinion of CB Richard Ellis whether express or implied is not, nor should be construed as a recommendation<br />
by CB Richard Ellis or any of its officers, agents or employees to participate in the transaction and, to that extent, no reliance<br />
will be placed on CB Richard Ellis or its associates. CB Richard Ellis and its associates do not warrant (expressly or impliedly)<br />
that information contained in this IM is complete, true and correct and not misleading or not likely to be misleading or<br />
deceptive. CB Richard Ellis and its associates are not responsible and will not under any circumstances be liable (whether at<br />
law, in equity, under statute or otherwise) for any statement made or anything contained in or arising out of the information<br />
including, without limitation, any errors, misrepresentation or omissions. CB Richard Ellis disclaims all responsibility for any<br />
loss or damage caused by reliance by any person on this IM or any representation, warranty or statement made by or on<br />
behalf of CB Richard Ellis and its associates. This IM is confidential and is for the sole use of persons directly provided with<br />
it by CB Richard Ellis and is not to be reproduced, copied or sent to any other person without the prior written consent of<br />
CB Richard Ellis. The use by, or reliance upon this document by any other person is not authorised by CB Richard Ellis and<br />
without limitation to the above disclaimers, CB Richard Ellis is not liable for any loss arising from such unauthorised use or<br />
reliance.<br />
General<br />
The information set out in this document has been prepared using information derived from a variety of external sources. CB<br />
Richard Ellis does not warrant the accuracy of any of the information and does not accept any legal liability or responsibility<br />
for any injury, loss or damage incurred by the use of, or reliance on, or interpretation of the information contained herein.<br />
34 35
Receivers and Managers Disclaimer<br />
The information in this Information Memorandum and any other written or verbal information given in respect of the Hotel<br />
referred to in this Information Memorandum (the Information) is provided to you (Recipient) on the following conditions:<br />
1. The Hotel is sold on an “as is/where is” condition (that is, in its present condition and subject to all legal and physical<br />
defects).<br />
2. No assurance, representation, warranty or guarantee (express or implied) is given by the Vendor, CB Richard Ellis,<br />
Australia and New Zealand Banking Group Limited, PricewaterhouseCoopers, the Receivers and Managers or any<br />
of their respective officers, partners, employees, advisers or consultants (collectively referred to as the Parties) or any<br />
other person or entity that the Information, whether or not in writing, is complete, accurate or balanced, or has or will<br />
be audited or independently verified, or that reasonable care has been or will be taken in compiling, preparing and<br />
furnishing the Information.<br />
3. The Information does not constitute, and should not be considered as, a recommendation in relation to the purchase of<br />
the Hotel or any other matter, or as a solicitation or offer to sell the Hotel or a contract of sale for the Hotel.<br />
4. The Information shall not constitute an assurance, representation, warranty or guarantee that there has been no change<br />
in the Hotel or in the matters referred to in the Information since the date at which the Information is expressed to be<br />
stated.<br />
5. None of the Parties assume any obligation to the Recipient to provide additional Information or updated Information or<br />
to correct any inaccuracies in the Information which may become apparent.<br />
6. The Information should not be relied upon in any way by the Recipient or its related entities, their respective officers,<br />
employees, agents, advisors, shareholders and associates (collectively the Recipient Parties). The Recipient Parties should<br />
satisfy themselves as to the accuracy and completeness of the Information through inspections, surveys, enquiries, and<br />
searches by their own independent consultants.<br />
7. The Information does not purport to contain all of the details which the Recipient would require to make a decision to<br />
make an offer to purchase for the Hotel. Recipients should seek independent legal and financial advice.<br />
8. None of the Parties make any representations or warranties with respect to fixtures, fittings, plant and equipment in the<br />
Hotel.<br />
9. None of the Parties make any representations or warranties with respect to the continuation or enforceability of any<br />
licence, lease, supply, service, consultancy, certification, standard or other agreement referred to in this Information<br />
Memorandum following completion of the sale of the Hotel.<br />
10. None of the Parties make any representations or warranties with respect to the legality of the current use of the Hotel or<br />
the ability of any purchaser to redevelop the Hotel.<br />
11. The Information does not and will not form part of any contract of sale for the Hotel. If any Recipient Party makes an<br />
offer or signs a contract of sale for the Hotel that Recipient Party represents that it is not relying on the Information<br />
supplied by any of the Parties (unless otherwise agreed in a written contract with the Vendor). The only information,<br />
representations and warranties upon which the Recipient Parties will be entitled to rely will be as expressly set out in such<br />
a contract.<br />
12. Recipients will be responsible for meeting their own costs of participating in the sale process for the Hotel. The Parties<br />
shall not be liable to compensate any Recipient Parties for any costs or expenses incurred in reviewing, investigating or<br />
analysing any Information, whether that Information is contained in this Information Memorandum or otherwise.<br />
13. None of the Parties are liable to compensate or reimburse the Recipient Parties for any liabilities, costs or expenses<br />
incurred in connection with the sale of the Hotel.<br />
14. Those persons associated with the Receivers and Managers who have responsibility for the sale have provided all<br />
Information provided to Recipients in good faith. Their knowledge may not be as extensive as that of the Vendor on<br />
whose behalf the Receivers and Managers provide that Information. Furthermore, the Receivers and Managers are the<br />
agent of the Vendor and shall not, except to the extent required by law, incur any personal liability to any of the Recipient<br />
Parties or the purchaser on any basis (including in respect of the Hotel, the sale of the Hotel, the contract of sale, this<br />
Information Memorandum or any dealings with any Recipient Parties whatsoever).<br />
15. Except as may be expressly provided in any agreement in writing between the Parties and the Recipient, the Recipient<br />
acknowledges and agrees (for itself and the other Recipient Parties) that to the maximum extent permitted by law, all<br />
terms, conditions, warranties and statements, whether express, implied, written, oral, collateral, statutory or otherwise,<br />
relating to the Information Memorandum and the sale of the Hotel are excluded, and each of the Parties disclaim all<br />
liability for any loss and damage (whether foreseeable or not) suffered by any person acting on any of the Information<br />
whether the loss or damage arises in connection with any negligence, default or lack of care on the part of the Parties,<br />
any misrepresentation or any other cause by reason of or in connection with the provision of the Information or by the<br />
purported reliance thereon by any of the Recipient Parties.<br />
16. No person is authorised to give information other than the Information in this Information Memorandum or in another<br />
brochure or document authorised by the Receivers and Managers. Any statement or representation by an officer,<br />
agent, supplier, customer, relative or employee of the Vendor will not be binding on the Vendor or on the Receivers and<br />
Managers.<br />
17. The Information is confidential. The Information must not be reproduced, transmitted or otherwise made available<br />
or communicated to any person other than the Recipient Parties without the prior written approval of the Receivers<br />
and Managers. The Recipients acknowledge and agree that upon deciding that they do not wish to proceed with the<br />
purchase of the Hotel, or at the request of the Parties, they will immediately return the Information together with any<br />
reproduction thereof.<br />
36 37
12<br />
ANNEXURES<br />
CONFIDENTIALITY AGREEMENT<br />
CONFIDENTIALITY AGREEMENT<br />
CLOSED TENDER FORM<br />
CONFIDENTIALITY DEED POLL<br />
To: (a) the Receivers and Managers of The Oaks Apartment Management Pty Ltd (Receivers and<br />
Managers Appointed) ACN 089 015 065 as trustee (Oaks); and<br />
(b)<br />
Oaks<br />
From: ................................................................................................<br />
(the Recipient)<br />
(write name of company or entity requesting disclosure including ACN if a company)<br />
Address of Recipient: ………………………………………………………………………………………………<br />
Name of Personal Representative of Recipient: ……………………………………………………………….<br />
(individual to be provided access to the Data Room)<br />
Email address of Personal Representative: ……………………………………………………………………..<br />
In this document the following terms have the following Meanings:<br />
Agent means CBRE Hotels or any other agent appointed by the Receivers and Managers for the sale of<br />
the Property and the Business.<br />
Business means the businesses being conducted from the Property and the detached bottleshop at 58<br />
Philip Street, Sun Valley Queensland, 4680.<br />
Data Room means the data room prepared by the Receivers and Managers and containing Confidential<br />
Information in respect of the Property and the Business.<br />
Property means the hotel described as the "Grand Hotel" located at 79 Goondoon Street, Gladstone,<br />
Queensland, 4680, described as being lot 22 on RP 885338, contained in the County of Clinton, Parish of<br />
Gladstone and contained within title reference 50035167.<br />
Receivers and Managers means jointly and severally, each of:<br />
(a)<br />
(b)<br />
(c)<br />
Guy Alexander Edwards;<br />
Darryl Edward Kirk; and<br />
Paul William Kirk.<br />
The Recipient has asked for information (Confidential Information) in relation to the Property and the<br />
Business to investigate the purchase of the Property and the Business. In consideration of receiving that<br />
Confidential Information, the Recipient agrees to the terms of this document.<br />
The Recipient acknowledges and agrees that:<br />
(a)<br />
(b)<br />
the Confidential Information that Oaks or the Receivers and Managers may give to the<br />
Recipient (including by way of allowing the Recipient access to the Data Room) is<br />
confidential and valuable to Oaks. Any unauthorised use or disclosure may significantly<br />
damage the Business of Oaks, and the sale value for the Property and the Business;<br />
to the extent permitted by law, it may not make any contact in any way (including whether<br />
in person, by telephone or by correspondence) with any employee of Oaks, or any supplier<br />
of any goods or services to Oaks, or any other person in any way connected to the<br />
Business being conducted by Oaks, unless such contact is made in the presence of the<br />
Agent or a representative of the Receivers and Managers; and<br />
212690882_1<br />
38 39
CLOSED TENDER FORM<br />
2.<br />
(c)<br />
Oaks is only prepared to disclose this Confidential Information to the Recipient on the<br />
understanding that the Recipient will keep it confidential.<br />
Oaks will permit the Recipient to use the Confidential Information to investigate the purchase of the<br />
Property and the Business and the Recipient may disclose the Confidential Information to its employees<br />
and professional advisers but only if they first agree to keep it confidential. The Recipient must not use or<br />
disclose any of the Confidential Information for any other purpose or to any other person or entity, unless it<br />
first receives the consent of the Receivers and Managers of Oaks in writing. These obligations continue<br />
until all of the Confidential Information ceases to be confidential, other than because of a breach of any<br />
obligation of confidence.<br />
The Confidential Information is considered to be accurate. However, because the Confidential Information<br />
given in respect of the Property and the Business could possibly be inaccurate or incomplete, please note<br />
that:<br />
Attention:<br />
Closed Tender Form<br />
To be lodged at CB Richard Ellis, Brisbane,<br />
Level 33, 1 Eagle Street, Brisbane<br />
Fax: (07) 3833 9830<br />
Craig Harley/Joel Fisher<br />
<br />
No assurance is given by the Receivers and Managers, the Agent, Pricewaterhouse Coopers,<br />
Australia and New Zealand Banking Group Limited or any of their respective officers or employees,<br />
advisers or consultants that any Confidential Information is accurate, complete or balanced or has<br />
or will be audited or independently verified, or that reasonable care has been or will be taken in<br />
compiling, preparing and furnishing the Information.<br />
Property:<br />
Purchaser:<br />
The Grand Hotel, Gladstone, Queensland<br />
Name:<br />
<br />
You should not rely on the Confidential Information. You should satisfy yourself as to its accuracy<br />
and completeness through inspections, surveys, enquiries, searches, etc by your own independent<br />
consultants.<br />
Address:<br />
<br />
<br />
<br />
If you make an offer or sign a contract for the Property and the Business, you will be taken to be<br />
not relying on any Confidential Information (unless otherwise agreed in a written contract with<br />
Oaks). Any Confidential Information given will not form part of a contract.<br />
Nothing contained in the Confidential Information should be taken as a recommendation with<br />
respect to the Property or the Business.<br />
You should seek your own independent financial advice.<br />
This disclaimer does not exclude any statutory rights you may have which cannot be excluded.<br />
Purchaser’s Solicitor:<br />
Phone:<br />
Fax:<br />
Email:<br />
Firm:<br />
Address:<br />
I have read and accept, and the Recipient accepts, the terms of this document.<br />
Executed as a Deed this day of 2011<br />
Phone:<br />
Attention:<br />
Fax:<br />
.............................................................................<br />
Signed for and on behalf of the Recipient<br />
Proposed Funding<br />
Arrangements:-<br />
Name of person signing for the Recipient:<br />
Position of person with Recipient:<br />
212690882_1<br />
40 41
NOTES<br />
Closed Tender - Interest Form (Cont.)<br />
Proposed Purchase Price<br />
$<br />
In Words:<br />
Conditions:<br />
Signature:<br />
Name:<br />
Company Name:<br />
Date:<br />
42 43