Agenda item

With reference to Article 18 of the minute of its meeting of 4 April 2012, the Council had before it a report by the Director of Enterprise, Planning and Infrastructure which presented the evaluation results of the final tender for the AECC development partner procurement.

The report recommended:-

that the Council -

(a)               approve the key legal and commercial terms underpinning Participant Bid C (Henry Boot Developments off-site) as set out in the report;

(b)               delegate to the unanimous approval of the Director of Enterprise, Planning and Infrastructure and the Head of Legal and Democratic Services the negotiation and approval of the contract documents noted below, and any other contracts, letters or documents which required to be signed and/or sealed in connection with the appointment of a development partner for the development of a new AECC on such terms and conditions, consistent with the key legal and commercial terms referred to above, as they think fit. The contract documents referred to above are:-

i.                    the Promotion Agreement

ii.                  the Development Agreement

iii.                the Profit Share Agreement

iv.                 the Ancillary Land Agreements

v.                   the Lease

vi.                 the Funder Step in Agreement; and

(c)               authorise officers to continue to explore financial options to deliver the development at minimum cost to the Council, such options to be reported to full Council within the next six months.

The Council received a presentation by Mr Andrew Win, Senior City Development Executive, and Mr Steven Whyte, Acting Head of Finance, on the process that had been undertaken with particular reference to the development and financial issues contained therein. Upon conclusion of the presentation, members asked a number of questions of officers in relation to the presentation and in connection with the report itself.

Councillor Crockett moved, seconded by Councillor Boulton:-

That the Council approve the recommendations contained within the report and agree that the officers referred to in recommendation (b) provide regular progress reports to the Group Leaders and the Convener of Finance, Policy and Resources.

Councillor McCaig moved as an amendment, seconded by Councillor Corall:-

That the Council note the report and instruct officers to prepare a full business case for the operation of AECC at the existing site.

Councillor Yuill moved as a further amendment, seconded by Councillor Delaney:-

            That the Council -

(1)         note that the Council will have the opportunity to proceed or otherwise with this project at the end of the twelve month promotional period;

(2)         agree recommendations (a) and (c) contained within the report;

(3)         instruct officers to report back to a special meeting of the Council, for approval or otherwise, the outcome of the negotiations on the agreements detailed in recommendation (b), and agree that officers provide regular reports to the Group Leaders and the Convener of Finance, Policy and Resources.

There being a motion and two amendments, the Council first divided between the amendment by Councillor McCaig and the amendment by Councillor Yuill.

On a division, there voted:-

For the amendment by Councillor McCaig  (14)  -  Councillors Blackman, Corall, Cormie, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

For the amendment by Councillor Yuill  (4)  -  Councillors Delaney, Greig, Jennifer Stewart and Yuill.

Declined to vote  (22)  -  Lord Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Nathan Morrison, Taylor, Thomson and Young.

Absent from the division  (1)  -  Councillor Cameron.

The Council then divided between the motion and the amendment by Councillor McCaig.

On a division, there voted:-

For the motion  (22)  -  Lord Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Nathan Morrison, Taylor, Thomson and Young.

For the amendment by Councillor McCaig  (14)  -  Councillors Blackman, Corall, Cormie, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

Declined to vote  (4)  -  Councillors Delaney, Greig, Jennifer Stewart and Yuill.

Absent from the division  (1)  -  Councillor Cameron.

The Council resolved:-

to adopt the motion.