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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

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