Request for Expression of Interest - Pentictonand~RFPs/2015-EOI-01 H… · and Memorial Arena home to the World Champion 1955 ... This request for Expression of Interest does not

Request for Expression of Interest

(Non-Binding Process)

2015-EOI-01

Construct and Operate Hotel

Date Issued: May 15, 2015

Response Receipt Location: Penticton City Yards

616 Okanagan Avenue East Penticton, BC V2A 3K6

Closing Date: 2:00 p.m. local time on June 15, 2015

Proposals must be submitted in a sealed envelope plainly marked “2015- EOI-01 Hotel Opportunity” and must be received prior to 2:00 p.m. local time on Monday June 15, 2015. Courier, mail or hand delivered submissions to the Response Receipt Location above. Fax or email submissions will not be accepted. Submissions will not be opened in public.

City Contact:

Cathy Ingram, Purchasing Manager Telephone: 250.490.2555

e-mail: [email protected]

* Please note: Submissions will not be opened in public. Any proponents that download this Request for Expression of Interest are responsible to check for addenda posted on the City of Penticton’s website at www.penticton.ca/purchasing

mailto:[email protected]

http://www.penticton.ca/purchasing

Introduction The City of Penticton (the City) owns and operates the South Okanagan Events Centre (SOEC). The main arena was constructed in 2008 and consists of a 5,000 seat arena as well as a community ice rink and Memorial Arena home to the World Champion 1955 Penticton Vees. Linked to the SOEC is the Penticton Trade and Convention Centre (PTCC) which is the largest convention centre in the Interior of BC and the newly renovated Community Centre which includes the Cleland Theatre. The City is seeking proposals from respondents interested in making an investment in Penticton by constructing and operating a hotel that may include an entertainment or leisure component, to be constructed on the site adjacent to the SOEC, Memorial Arena, PTCC and Community Centre. Overview of the Requirement The purpose of this request for Expressions of Interest (EOI) is to solicit proposals from qualified companies to construct and operate a hotel in the northwest area of Penticton. This request for Expression of Interest does not form an agreement. The City is under no obligation to enter into negotiations or contract with any respondent. The City, at their sole discretion, may pursue any Expression of Interest and may provide a lease or sale directly to any respondent on the basis of an Expression of Interest without further requests, consultation or disclosure. The City is under no obligation to provide rationale or justification of the selection process to any of the respondents. The act of submitting an Expression of Interest signifies the respondent’s acceptance of these terms and conditions and indemnifies the City of any and all liability to the respondent associated with the Expression of Interest process. Qualification of Review Committee Review of responses will be by a committee formed by the City at its sole discretion. Respondent Expenses Respondents are solely responsible for their own expenses in preparing a response and for subsequent negotiations with the City, if any. The City will not be liable to any respondent for any claims, whether for costs or damages incurred by the respondent in preparing the response, loss of anticipated profit in connection with any final contract, or any other matter whatsoever. Acceptance of Responses This EOI is not an agreement to purchase goods or services. The City is not bound to enter into a contract with any respondent. The City will be under no obligation to receive further information, whether written or oral, from any respondent. Modification of Terms The City reserves the right to modify the terms of this EOI at any time at its sole discretion. This includes the right to cancel this EOI at any time for any reason whatsoever without entering into a contract.

Ownership of Responses All documents, including responses, submitted to the City become the property of the City. They will be received and held in confidence by the City, subject to the provisions of the Freedom of Information and Protection of Privacy Act. Confidentiality of Information Information pertaining to the City obtained by the respondent as a result of participation in this EOI is confidential and must not be disclosed without written authorization from the City. Project Scope The City of Penticton is interested in receiving Expressions of Interest from developers to construct and operate a premium hotel with amenities that will attract destination tourists such as entertainment or leisure components. Background The City of Penticton is located in the south central part of the Province of British Columbia. The city of 34,000 is nestled in the bottom of the beautiful Okanagan Valley between two pristine freshwater lakes, Okanagan to the north and Skaha to the south, with rolling mountains and vineyards providing a dynamic backdrop to the east and west. The valley itself is home to more than 350,000 people. This area has become a prime destination for residential and small business relocations due to the gentle climate, excellent transportation links, strong labor force, and the ready availability of first-rate recreational opportunities. Penticton offers business, investment and retirement opportunities in a location that is second to none. It has the most attractive climate of all cities in Canada according to Environment Canada statistics. Penticton has all of the amenities of larger urban centers, yet maintains the tranquility of a small community. Penticton’s economy is based on:

• Agriculture (130 wineries in the immediate area); • Tourism (1.5 million visitors per year; 47 motels/ hotels); and • Manufacturing (85 companies are based here).

In 2014, the Okanagan Valley was named by USA Today as the world’s 2nd best wine region to visit. USA Today said ”Drop. Dead. Gorgeous.” The region is tucked between 2 mountain ranges, approximately a 4 hour drive from Vancouver, with direct flights from Vancouver and Calgary. There are more than 100 wineries within a one hour drive of Penticton, most having tasting rooms and retail outlets open from spring until late fall. Penticton is an all-season playground with modern recreation facilities which include ice arenas, an indoor pool with waterslide, curling rink, gymnasium, and an indoor soccer facility. Many of these facilities are located in one convenient campus-like setting and include the South Okanagan Event Center, a 5,000 seat convertible dry floor space / ice bowl, a community ice rink, a new 10 lane swimming / leisure pool, a curling rink and the 60,000 ft² Penticton Trade and Convention Centre.

The area has a multitude of outdoor recreation pursuits. In the immediate vicinity golfers can challenge themselves on 7 championship and 21 additional golf courses. Local mountain biking adventures for all skill levels include trips down the reclaimed KVR railway lines to challenging single track mountain trails. Road cycling in the Penticton area also abounds due to the scenic vistas of rolling hills, vineyards and pristine lakes. Penticton is home to many world class cycling events and it is not uncommon to see individuals and teams taking advantage of the excellent shoulder season weather for training. For those seeking a vertical challenge, the Skaha Bluffs offers world class rock climbing. In winter, downhill skiers can take advantage of the Apex Mountain Ski Resort, only a 30 minute drive from Penticton. A further 5 minute drive provides cross country skiers with access to the majestic Nickel Plate Nordic Centre. Penticton also offers access to the water through two marinas located on Okanagan and Skaha Lakes. This attracts swimmers, paddleboarders, kayakers, motorized boating and an annual dragon boat festival. The city’s largest employers are Interior Health, City of Penticton, Regional District of Okanagan Similkameen, Canada Revenue Agency and Valley First Credit Union. There are 3,000 licensed businesses in Penticton with approximately 100 being construction, wholesale or manufacturing businesses. Inquiries All inquiries related to this EOI are to be directed, in writing, to Cathy Ingram, Purchasing Manager at [email protected] Inquiries should not be direct to City Council or other City of Penticton employees. Information obtained from any other source is not official and should not be relied upon. Lease Term The City is open to consider up to a 99 year lease or purchase. The more intensive the level of development, the longer the lease term or potential purchase, the City is willing to consider. The exact term of the lease or purchase will be negotiable depending on the nature of the Expression of Interests brought forward. Legal Description The legal description of the property for a portion of the lease or purchase is:

PID 023-678-356 LOT 1 DISTRICT LOT 2 GROUP 7 SIMILKAMEEN DIVISION YALE (FORMERLY YALE LYTTON) DISTRICT PLAN KAP58604 EXCEPT PLANS KAP87244 AND KAP87245

Location The subject property is located 3 blocks south of Okanagan Lake.

mailto:[email protected]

Development Area The area proposed for the hotel is on the 27 acre lot known as the SOEC complex. Exact property boundaries and size are flexible and should form part of the proposal. The City would consider alternate locations and proposals. The City would entertain proposals that include use and/or management of all or some of the SOEC facilities such as the Penticton Trade and Convention Centre.

Official Community Plan Designation Official Community Plan Bylaw 2002-20 designates the lease areas as Parks and Recreation and Administrative. Zoning Designation Zoning Bylaw 2011-23 designates the development area as Public Assembly and allows for the following Permitted Uses:

• Carnival • Community garden • Government service • Indoor recreation • Marina • Outdoor amusement, entertainment and recreation • Outdoor market • Public parking lot • Accessory use, building or structure • Tourist Accommodation**

**The City has recently undertaken to add tourist accommodation as an approved use on the 27 acre site. The Zoning Bylaw is at third reading, pending approval from the Ministry of Transportation and Infrastructure. Feedback from the public hearing included a desire for preservation or replacement of the ball diamond to ensure no loss of parks and recreation sites. Further public process may be required if variances are needed to support the proponent’s design and vision.

Maximum Height The maximum height for the subject property is 42 m (137 feet or 12 storeys) from the existing ground floor elevation. This maximum height includes all rooftop utilities and appurtenances. Access, Egress and Parking Access and egress is available from Alberni Street, Vees Drive, Power Street or Westminster Avenue West. Access is not available from Eckhardt Avenue. Geotechnical and Environmental Reports There are geotechnical and environmental reports available for adjacent developments which will be provided upon request. FTP Site

The City has established an FTP Site in which it has placed documents in the possession of the City that the City has identified as relevant to the project and to the project site, and that may be useful to Proponents. The City does not make any representation as to the relevance, accuracy or completeness of any of the information available in the FTP Site except as the City may advise with respect to a

specific document. The City will grant Proponents access to the FTP Site and requires Proponents to execute an agreement to keep information contained in the FTP Site confidential.

The information on the FTP site may be supplemented or updated from time to time. Proponents are solely responsible for ensuring they check the FTP Site frequently for updates and to ensure the information used by the Proponents is the most current, updated information. Participation Agreement As a condition of accessing the FTP site, each Proponent must sign and deliver to the Contact Person a Participation Agreement, in the form attached as Appendix A. Each Proponent that signs and delivers the Participation Agreement will be provided access to the FTP site. Proponents will not be provided with access to the FTP site or be invited to participate further in the Competitive Selection Process unless and until they have signed and delivered a Participation Agreement as required by this Section.

Services

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SUBMISSION AND PROCESS Respondent’s Submission Submissions should be limited to 15 pages, excluding attachments. The respondents’ Expression of Interest should include the following:

• Description of the hotel and leisure proposed; • Any entertainment and leisure amenities included, such as, but not limited to, restaurant, bar,

theatre, gymnasium, etc.; • Description and map showing the location and footprint that the respondent wishes to build

upon • Description of the facilities that the respondent wishes to utilize and terms of that use. • Description of the attractions for destination tourists • Financial proposal including lease rate on a triple net basis, purchase proposal or other

financial arrangements; • List of prsaleojects the respondent has completed; • List of at least 3 references; and • Description, duration and estimated cost and time frame for construction.

Submission Date and Location Proposals must be submitted in a sealed envelope plainly marked “2015- EOI-01 Hotel Opportunity” and must be received prior to 2:00 p.m. local time on Monday June 15, 2015. Courier, mail or hand delivered to:

City Yards Office 616 Okanagan Avenue East Penticton, BC V2A 3K6

Fax or email submissions will not be accepted. Submissions will not be opened in public. Selection Process Expressions of Interest will be considered based on, but not limited to,:

• the type of operation and “fit “ with the area; • community value • perception of the probability of success of the business at the location; and • financial proposal offered.

Additional Information The City may request additional information from respondents. In addition, respondents may also be asked to participate in telephone or in-person interviews to discuss their Expression of Interest and to answer questions.

APPENDIX A PARTICIPATION AGREEMENT

[Insert Date]

City of Penticton 616 Okanagan Avenue East Penticton, BC V2A 3K6 Attn: Cathy Ingram, Purchasing Manager Re: Construct and Operate Hotel – Participation Agreement in respect of the Expression of Interest (EOI)

issued by the City of Penticton (the “City”) on May 15, 2015, as amended or otherwise clarified from time to time, including by all Addenda

This letter agreement sets out the terms and conditions of the Participation Agreement between ▼ [insert name of Proponent] (the “Proponent”) and the City. In consideration of the Proponent’s participation in the Expression of Interest process and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Proponent, the Proponent agrees with the City as follows: 1. Defined Terms. Capitalized terms not otherwise defined in this Participation Agreement have the meanings

given to them in the EOI.

2. Participation. The Proponent agrees that as a condition of participating in the EOI, including the Collaborative Meetings (if applicable) and access to the FTP site, the Proponent and all of the Proponent Team members will comply with the terms of this Participation Agreement and the terms of the EOI.

3. Confidentiality. The Proponent will comply with, and will ensure that all of the Proponent Team members and others associated with the Proponent also comply with, the Confidentiality Conditions attached as Schedule 1 to this Participation Agreement, all of which conditions are expressly included as part of this Participation Agreement.

4. Terms of EOI. The Proponent will comply with and be bound by, and will ensure that all of the Proponent Team members and others associated with the Proponent also comply with and are bound by, the provisions of the EOI, all of which are incorporated into this Participation Agreement by reference. Without limiting the foregoing the Proponent agrees:

a) that the terms of this Participation Agreement do not limit the Proponent’s obligations and

requirements under the EOI, any FTP site agreement, or any other document or requirement of the City; and

b) to be bound by the disclaimers, limitations and waivers of liability and Claims and any indemnities contained in the EOI.

5. Amendments. The Proponent acknowledges and agrees that: a) the City may in its sole discretion amend the EOI at any time; and b) by submitting a Proposal the Proponent accepts, and agrees to comply with, all such amendments and,

if the Proponent does not agree to any such amendment, the Proponent’s sole recourse is not to submit a Proposal.

6. General.

a) Capacity to Enter Agreement. The Proponent hereby represents and warrants that:

a. it has the requisite power, authority and capacity to execute and deliver this Participation Agreement;

b. this Participation Agreement has been duly and validly executed by it, or on its behalf by the Proponent’s duly authorized representatives; and

c. this Participation Agreement constitutes a legal, valid and binding agreement enforceable against it in accordance with its terms.

b) Survival following cancellation of the EOI. Notwithstanding anything else in this Participation

Agreement, if the City, for any reason, cancels the EOI, the Proponent agrees that it continues to be bound by, and will continue to comply with, Sections 3 and 4(b) of this Participation Agreement.

c) Severability. If any portion of this Participation Agreement is found to be invalid or unenforceable by law by a court of competent jurisdiction, then that portion will be severed and the remaining portion will remain in full force and effect.

d) Inurement. This Participation Agreement inures to the benefit of the City and binds the Proponent and its successors.

e) Applicable Law. This Participation Agreement is deemed to be made pursuant to the laws of the Province of British Columbia and the laws of Canada applicable therein and will be governed by and construed in accordance with such laws.

f) Headings. The use of headings is for convenience only and headings are not to be used in the interpretation of this Participation Agreement.

g) Gender and Number. In this Participation Agreement, words imputing any gender include all genders, as the context requires, and words in the singular include the plural and vice versa.

h) Including. The word “including” when used in this Participation Agreement is not to be read as limiting.

Yours truly, (Name of Proponent) Authorized Signatory

SCHEDULE 1 OF APPENDIX A CONFIDENTIALITY CONDITIONS

1. Definitions. In these confidentiality conditions:

a) “Confidential Information” means all documents, knowledge and information provided by the

Disclosing Party to, or otherwise obtained by, the Receiving Party, whether before or after the date of the EOI, whether orally, in writing or other visual or electronic form in connection with or relevant to the Project, the EOI, the Competitive Selection Process, including, without limitation, all design, operational and financial information, together with all analyses, compilations, data, studies, photographs, specifications, manuals, memoranda, notes, reports, maps, documents, computer records or other information in hard copy, electronic or other form obtained from the Disclosing Party or prepared by the Receiving Party containing or based upon any such information. Notwithstanding the foregoing, Confidential Information does not include information which:

i. is or subsequently becomes available to the public, other than through a breach by the Receiving Party of the terms of this Schedule 1;

ii. is subsequently communicated to the Receiving Party by an independent third party, other than a third party introduced to the Receiving Party by the Disclosing Party or connected with the Project, without breach of this Schedule 1 and which party did not receive such information directly or indirectly under obligations of confidentiality;

iii. was rightfully in the possession of the Receiving Party or was known to the Receiving Party before the date of the EOI and did not originate, directly or indirectly, from the Disclosing Party;

iv. was developed independently by the Receiving Party without the use of any Confidential Information; or

v. is required to be disclosed pursuant to any judicial, regulatory or governmental order validly issued under applicable law;

b) “Disclosing Party” means the City or any of its Representatives; c) “Permitted Purposes” means evaluating the Project, preparing a Proposal, and any other use permitted

by the RFP or this Participation Agreement; d) “Receiving Party” means the Recipient or any of its Representatives; e) “Recipient” means a Proponent or any other interested party who completes a Participation

Agreement; and f) “Representative” means a director, officer, employee, agent, accountant, lawyer, consultant, financial

adviser, subcontractor, Key Individual, or any other person contributing to or involved with the preparation or evaluation of Proposals or proposals, as the case may be, or otherwise retained by the Recipient, the City in connection with the Project.

2. Confidentiality. The Recipient will keep all Confidential Information strictly confidential and will not without

the prior written consent of the City, which may be unreasonably withheld, disclose, or allow any of its Representatives to disclose, in any manner whatsoever, in whole or in part, or use, or allow any of its Representatives to use, directly or indirectly, the Confidential Information for any purpose other than the Permitted Purposes. The Recipient will make all reasonable, necessary, and appropriate efforts to safeguard the Confidential Information from disclosure to any other person, firm, corporation, or other entity except as permitted in this Schedule 1, and will ensure that each of its Representatives agrees to keep such information confidential and to act in accordance with the terms contained herein.

3. Ownership of Confidential Information. The City owns all right, title and interest in the Confidential

Information and, subject to any disclosure requirements under applicable law, and except as permitted by this Schedule 1, the Recipient will keep all Confidential Information that the Recipient receives, has access

to, or otherwise obtains strictly confidential for a period of three years after the date of the RFP, and will not, without the prior express written consent of an authorized representative of the City, which may be unreasonably withheld, use, divulge, give, release or permit or suffer to be used, divulged, given or released, any portion of the Confidential Information to any other person, firm, corporation or other entity for any purpose whatsoever.

4. Limited Disclosure. The Recipient may disclose Confidential Information only to those of its

Representatives who need to know the Confidential Information for the purpose of evaluating the Project and preparing its Proposal or proposal as applicable and on the condition that all such Confidential Information be retained by each of those Representatives as strictly confidential. The Recipient will notify the City, on request, of the identity of each Representative to whom any Confidential Information has been delivered or disclosed.

5. Destruction on Demand. On written request, the Recipient will promptly deliver to the City or destroy all

documents and copies thereof in its possession or control constituting or based on the Confidential Information and the Recipient will confirm that delivery or destruction to the City in writing, all in accordance with the instructions of the City (for this purpose information stored electronically will be deemed destroyed upon removal from all storage systems and devices); provided, however, that the Receiving Party may retain one copy of any Confidential Information which it may be required to retain or furnish to a court or regulatory authority pursuant to applicable law.

6. Acknowledgment of Irreparable Harm. The Recipient acknowledges and agrees that the Confidential

Information is proprietary and confidential and that the City may be irreparably harmed if any provision of this Schedule 1 were not performed by the Recipient or any party to whom the Recipient provides Confidential Information in accordance with its terms, and that any such harm could not be compensated reasonably or adequately in damages. The Recipient further acknowledges and agrees that the City will be entitled to injunctive and other equitable relief to prevent or restrain breaches of any provision of this Schedule 1 by the Recipient or any of its Representatives, or to enforce the terms and provisions hereof, by an action instituted in a court of competent jurisdiction, which remedy or remedies are in addition to any other remedy to which the City may be entitled at law or in equity.

7. Waiver. No failure to exercise and no delay in exercising, any right or remedy under this Schedule 1 by the

City will be deemed to be a waiver of that right or remedy.

Documents

Request for Expression of Interest - Pentictonand~RFPs/2015-EOI-01 H… · and Memorial Arena home to the World Champion 1955 ... This request for Expression of Interest does not