Decision Details

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This section allows you to view the general details of a Decision

Details

Status:
Implemented
Title:
Arden Cross Ltd Development Agreement, Business Plan and Budget for Q3 and Q4 24/25
Include item on Forward Plan
Yes
Is Key Decision
No
Item Contains Exempt/Private Reports
Yes
Reference:
012997/2024
Urgent Decision - Not in Forward Plan
No
Details for Agenda Sheet

Report of Strategic Director Place, Prosperity & Sustainability.

 

 

Implementation Date (not before meeting on)
Thu 28 Nov 2024
Purpose
Above £1m Capital
Key Portfolio
Deputy Leader and Economy & Skills
Decision Maker
Chief Officer Decision Maker
------ N/A ------
Reason For Key Decision
This report seeks to update Cabinet Committee Property on progress to date and approval to the commercial terms of the Development Agreement between ACL and development partner Muse for the progression of the scheme, to approve associated legal redrafting across a suite of documents and approve ACL’s Q3, Q4 budget forecast and BCC's contribution.
Relevant Documents

Arden Cross Interchange Triangle Contractual Agreements to Enable Development; Cabinet report 18th May 2021

Arden Cross Interchange Triangle Collaboration Agreement (ACCA) March 2022.

Value Capture Agreement (VCA) in relation to the Arden Cross Interchange Triangle, Solihull, West Midlands March 2022.
Decision Type:
Committee
Decision Maker:
Cabinet Committee – Property
Directorate
Place, Prosperity & Sustainability
Other Information
Private Reason
Paragraph 3: Information relating to the financial or business affairs of any particular person (including the Council).
Decision Outcome

On 28 November 2024, Cabinet Committee – Property:-

  1. Authorised the Strategic Director Place, Prosperity and Sustainability and the Deputy Leader to agree on behalf of the Council the final terms of the Master Development Agreement (DA) to be entered into by ACL with Muse Places Ltd and Morgan Sindall Group PLC and inter alia enter into all agreements envisaged and required to put into effect the provisions of the DA on behalf of the Council including inter alia changes to the Shareholders Agreement and the Landowners Option Agreement and associated Draft Ground Lease, negotiation of and entering into the Framework Agreement and Delivery Agreement which together enable ACL to request changes to the HS2 design in order to implement the Arden Cross development the Easement Agreements (which will provide ACL with the necessary rights to link into HS2 infrastructure etc), the draft Phase Development Agreement and draft Phase Sub-Lease;
  2. Noted ACL’s revenue operational budget for 2024/25 and 2025/26 and approves Birmingham City Council’s (BCC) contribution as per the terms of the ACL Shareholders Agreement (at Exempt Appendix 2) which will be recovered from any end-deal together with the payment of utility UTX track crossings design fees;
  3. Authorised the City Solicitor to prepare, negotiate, execute and complete all relevant legal documentation to give effect to the above decisions.

THE DEADLINE FOR CALL IN IS 1600 HOURS ON WEDNESDAY 4 DECEMBER 2024.

Would the recommended decision be contrary to the budget and policy framework:
No
Decision Options:

Additional Information

Reg 10
Reg 11

Decision Criteria

This Decision does not contain any decision criteria records.

Wards

This Decision does not contain any Ward records.

Topics

This Decision does not contain any Topic records

Overview and Scrutiny

Corporate & Finance Overview and Scrutiny Committee
Economy, Skills and Culture Overview and Scrutiny Committee

This section allows you to view the reports for the Decision.

Reports

  1. pdf CCP Report Arden Cross Ltd Development Agreement, Business Plan and Budget (168Kb)
    1. pdf Appendix 1 LAND OWNERSHIP PLAN (421Kb)
    2. pdf Exempt Appendix 2 - Private Report
    3. pdf Exempt Appendix 3 KEY AGREEMENTS - Private Report
    4. pdf Exempt Appendix 4 NEW ACL - Updated HoTs to relfect final DA October 2024 - Private Report
    5. pdf Exempt Appendix 5 ESTI BCC LAND RECEIPTS - Private Report
    6. pdf Exempt Appendix 5A - Private Report
    7. pdf Exempt Appendix 5B - Private Report
    8. pdf Exempt Appendix 6 - INFRASTR COSTS - Private Report
    9. pdf Exempt Appendix 7 - ACL - Changes Shhldr Agreement 22 July 2024 - Private Report
    10. pdf Exempt Appendix 8 DEVELPMNT ZONES - Private Report
    11. pdf Exempt Appendix 9 LOA AND HEADLEASE CHANGES - Private Report
    12. pdf Appendix 10 - EIA000431_ACL_02-05-2024 (1253Kb)

This section displays the history of the Decision.

Decision History

Date & Time CreatedUser Full NameStatus DescriptionDetails
123
 Page 1 of 3, items 1 to 10 of 23.
24/05/2024 10:22:23Ghalub Hussain Business Item Created 
24/05/2024 10:22:23Ghalub Hussain Committee AddedCabinet Committee – Property
24/05/2024 10:22:23Ghalub Hussain Meeting Added12/09/2024 11:00AM
24/05/2024 10:31:46Ghalub Hussain OS Committee AddedCorporate & Finance Overview and Scrutiny Committee
24/05/2024 10:31:46Ghalub Hussain OS Committee AddedEconomy, Skills and Culture Overview and Scrutiny Committee
24/05/2024 10:32:29Ghalub Hussain Contacts Edited 
24/05/2024 10:43:43Ghalub Hussain Consultation/Comments Edited 
24/05/2024 10:44:10Ghalub Hussain Status ChangedDecision Scheduled [1]
24/05/2024 10:49:17Ghalub Hussain General Details Edited 
24/05/2024 10:55:26Ghalub Hussain General Details Edited 

Approval/Comments

No history found.