Request for Expressions of Interest To Lease a Portion of Building located at 675 Marina Way, Penticton, BC

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Request for Expressions of Interest To Lease a Portion of Building located at 675 Marina Way, Penticton, BC Issued: October 4, 2012 The City of Penticton is seeking Expressions of Interest to sublease approximately 3,000 ft² (278 m²) of commercial space suitable for use at 675 Marina Way, which fronts Okanagan Lake and is adjacent to the Penticton Marina and tennis courts. Submissions, not to exceed three (3) pages, must be received in a sealed envelope, marked on the outside with Expression of Interest to Lease 675 Marina Way and must be received by way of mail, courier or hand delivery at the office of: City Purchasing Department City Yards 616 Okanagan Avenue East Penticton, BC V2A 3K6 Fax or e-mail submissions will not be accepted. Submission Deadline: October 29 2012 at 2:00 p.m. local time Inquires must be submitted in writing to cathy.ingram@penticton.ca Viewing can be arranged through Peter Wallace (250) 490-2519. NOTE: Should any potential proponents download this document, it is the proponent s responsibility to check for Addenda s which will be posted on the City of Penticton's website: www.penticton.ca/purchasing 1

BACKGROUND The Community The City of Penticton is located in the south central part of the Province of British Columbia. The city of 32,000 is nestled in the bottom of the beautiful Okanagan Valley between two pristine lakes, Okanagan to the north and Skaha to the south, with rolling mountains 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 are in immediate area); Tourism (1.5 million visitors per year; 41 hotels); Manufacturing (85 companies are based here); and Retirement (25% of the population is over 65). There are over 100 wineries within a one hour drive of Penticton, most having tasting rooms and retail outlets. Penticton is an all-season playground with modern recreation facilities which include ice arenas, an indoor pool with waterslide, a curling rink, a 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 4,500 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. 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 2

Nordic Centre. Local mountain biking adventures are available for all skill levels from trips down the reclaimed KVR railway lines to challenging single track mountain trails. Road cycling in the Penticton area also abounds in rolling hills and adjacent to the pristine lakes. Penticton is home to many world class cycling events and it is not uncommon to see individuals and teams taking advantage of our excellent shoulder season weather for training. For those seeking a vertical challenge, the Skaha Bluffs offer some of the best rock climbing in Canada. Penticton also offers access to the water through two marinas located on Okanagan and Skaha Lakes. Penticton Marina, located at the south end of Okanagan Lake, is a short 3 blocks from downtown Penticton. The Lease Area The subject lease property is comprised of an approximately 3,000 ft² portion of the former Penticton Yacht and Tennis building located at 675 Marina Way Penticton on Okanagan Lake adjacent to Penticton Marina. The lease area includes: over 2,150 ft² of indoor open (seating) area, approximately 600 ft² kitchen/service/storage area and shared use of two full washrooms. The lease will include a 1,226 ft² open lakeside courtyard, patron parking and limited patron boat moorage. The current Occupancy Load is 168 + 95 for the courtyard. There are a limited number of public slips available at the marina for patrons of the sub-lessee, which will be available on a first come first serve basis. Lease Term Available The proposed lease term is three (3) years with an option to renew for an additional three (3) years upon mutual agreement. The lease will have a 6 month escape clause allowing the City to terminate the lease on 6 months notice. Lease terms may be negotiable depending on the Expression of Interests brought forward. Legal Description The legal description of the property that contains the premises for lease is: Portion of District Lot 216 s Crown Lease File 3401153 The leasable area is shown on Schedule A attached. 3

Location and Neighbourhood The subject property is located at the end of Marina Way on Okanagan Lake east of Penticton Marina. The property is in close proximity to: the Penticton Marina; the tennis courts utilized by the Penticton Tennis Club; public beaches (400 m. to the west); the Lakeside Resort Hotel & Casino (1 km door to door); the downtown core; and Okanagan Lake. Lease Area Details and Condition The lease area was a functioning light fare restaurant/bar which also offered event catering. The lease space includes: 2,150 ft² of indoor seating space which includes a separate 410 ft² room that could be well- suited for a games room or pool table; 600 ft² kitchen/service/storage area; 1,226 ft² open lakeside courtyard; shared use, with the Penticton Tennis Club, of two full washrooms; limited patron access to marina day moorage; and patron parking to be negotiated based on need. The current Occupancy Load is approximately 168 + 95 in the courtyard. The small kitchen area includes: a commercial gas stove; small commercial washing machine; food preparation area with second sink; and commercial wash sink. The bar/service area includes: a commercial cooler; fridge; 4

sink; carbonated drink dispenser system; and chest freezer. The building is furnished with table and chairs suitable for a restaraunt, although the furniture is dated. The general condition of the space is dated and some renovations would be expected. The Penticton Tennis Club currently utilizes 252 ft² of the subject building as their club house for tournaments which extend through the summer and fall months. They have shared access of the washrooms. This agreement will run month to month and the space could be available to the potential lessee under the correct circumstances. Zoning Awarding of a lease under this Request for Expression of Interest is subject to Council Approval of rezoning or a temporary use permit, to an effective zoning for the property such as a P1 Public Assembly Zone which includes the following permitted uses: 1 assembly 2 carnival 3 cemetery 4 commercial school 5 congregate housing 6 day care centre, major 7 day care centre, minor 8 education service 9 government service 10 hospital and patient care service 11 indoor amusement, entertainment and recreation 12 office 13 outdoor amusement, entertainment and recreation 14 outdoor market 15 public parking lot 16 restaurant 17 retail store 18 security/operator dwelling unit 19 accessory use, building or structure Depending on the applications submitted, discussion as to the appropriate use is required. 5

Utilization The space was last used as a restaurant/bar although any legal, viable and conforming use would be considered. Preference will be given to options that take advantage of or complement the proximity to the lake. Access, Egress and Parking Access and egress is available by boat or by vehicle from Marina Way which terminates at the building. There is adequate parking for the operation of the successful proponent. Services All services are available in the area. Electric power is available by way of overhead lines from power poles adjacent to Marina Way. Natural gas is provided to the site. The site is connected to sanitary sewer. SUBMISSION AND PROCESS Respondent s Submission The respondents Expression of Interest should include the following: offered lease rate on a triple net basis, detailed description of the intended use of the lease space, and description and estimated cost of any lease holds contemplated. Respondent Expenses Any cost incurred by the respondent in the preparation of their Expression of Interest and any subsequent negotiations, if any, will be borne solely by the respondent. 6

Selection Process and Disclosures Expressions of Interest will be considered based on: the type of operation and fit with the nature of the area; perception of the probability of success of the business at the location; and lease rate offered. This 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 Sublease directly to a 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 the terms and conditions in this section (Selection Process and Disclosures) and indemnifies the City of any and all liability to the respondent associated with the Expression of Interest process. Ownership of Documents All documents, including Expression of Interest, submitted to the City become the property of The Corporation of the City of Penticton. Responses will be received and held in confidence by the City, subject to the provision of the Protection of Privacy and Freedom of Information Act. 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. 7

EXHIBIT A Lease Area 8