SECC Arena Funding.doc (3 pages)
SECC Arena: Provision of Funding SupportPurpose of Report:
To present to Committee the terms of the proposed funding agreement with the
Scottish Exhibition Centre Ltd (SECL) to allow the completion of the new Arena.
Recommendation:The committee is asked to
(a) Approve the terms of the Purchase/Buyback proposals as set out in the
report; and
(b) Instruct the Executive Director of Corporate Services to submit the proposal
to SECL for consideration at its Board meeting in November 2010.
1. Background
1.1 At its meeting on 27 May 2010 the Executive Committee agreed to provide
funding of £40m to SECL to ensure it had access to the finance required to
complete the construction of the new Arena. The 2 options recommended for
further diligence were purchase/buyback or a fully secured loan. Officers
were instructed to identify the most tax efficient and financially secure
arrangement and report the terms back for final approval
2. Options Appraisal
2.1 Officers from the Council and SECL have analysed the legal, VAT, Tax and
accounting issues arising from both options. Core to the funding commitment
is the ability of the Council to recover it borrowing costs. Values therefore
need to be generated from the SECL assets and secured by the Council.
Secured Loan
2.2 Further diligence has clarified that the Council would require to charge a
commercial interest rate on any loan provided. Failure to do so would be
constitute a “soft” loan and mean a charge of circa £13m against the Council’s
accounts in year 1. SECL have also confirmed its ability to repay the loan in
the initial years would be limited and that rolled up interest payments would
present them with a significant financial challenge. Notwithstanding the fact
that the Council would take a security over the SECL assets, that security
would rank behind SECL’s funder for the Arena and HMRC. For these
reasons this option presents a high financial risk to the Council and is not
recommended.
Purchase/Buyback
2.3 This option is based on the principle that the Council would acquire ownership
of SECL assets, lease them back to SECL who would have the ability to buy
back their interest from the disposal/development values generated from the
West Development Site (WDS) (currently operating as a car park) as the
residential property market recovers.
2.4 This is the favoured option as it generates a rental income to the Council and
consolidates the site in the name of the Council.
2.5 The terms of the agreement encompass:
the Council will acquire title to the SECL land and buildings not already
currently owned by the Council (excluding the West development Site
(WDS) for £40m;
the Council will grant to SECL a 125 year ground lease of the area
outlined in red on the attached plan for £1 per annum;
the Council will grant to SECL a series of Occupational leases over the
SECC sheds with an overall annual rental payment equivalent to the
Council’s financing costs;
on disposal and/or development of the WDS by SECL, the Council will
allow SECL to re-acquire the sheds on an individual and/or collective
basis up to the value of the outstanding balance due to the Council at
that point in time;
the Council will take security over both the Arena and the WDS. The
Security over the WDS will obligate SECL to use any funds generated
from its disposal and/or development to re-acquire the sheds and repay
the outstanding sums due to the Council
SECL will complete the construction of the Arena;
2.6 Additionally, the disposal of the sites for hotel, office and multi-storey car park
uses by SECL will be by long ground lease to ensure that the land remains in
Council ownership.
3. Service Implications
Financial Implications
The Council will be reimbursed in full from a combination of the lease rental
and receipts generated from the West development Site (WDS). The funding
can be contained within the Council’s overall financial plans. Funding will be
provided to SECL in line with the cash flow requirements for the construction
contract.
Legal
The Council will require to enter various legal agreements with the SECL prior
to funding being released.
Personnel
None
Environmental
None
Service Plan
The proposal is in line with the DRS Service Plan, the Joint Economic
Strategy, the Tourism Strategy and supports the Commonwealth Games
Venue Programme
4. Recommendation
4.1 The committee is asked to
(a) Approve the terms of the Purchase/Buyback proposals as set out in the
report; and
(b) Instruct the Executive Director of Corporate Services to submit the
proposal to SECL for consideration at its Board meeting in November
2010.