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That it be DETERMINED that:

1. The
Council enter into a 125-year Lease in respect to the school site
with the Kingfisher Learning Trust in the
form set out in Appendix 2;

2. The
Council enter into the Commercial Transfer Agreement, in the form
set out in Appendix 3, which takes into account the
principle that risk and liability does
not transfer back to the Council and in respect of which the funds
and reserves to manage the risks/liabilities will transfer to the
Academy and consequently the Council should be in no worse position
because of the transfer.

3. The
pension arrangements be agreed so that Academy Trust funds are
pooled with Council funds, in respect of the pension fund
liabilities in the Greater Manchester Pension Fund.

4.
Delegation of authority to the Assistant Director, Finance or their nominated representative to execute
any necessary Greater Manchester Pension Fund for Transferee
Admission Bodies documentation.

5.
Delegation of authority to the Borough Solicitor (Monitoring
Officer) to execute any necessary deed of surrender to bring the
Council’s occupation of space in the adjoining Rayner
Stephens High School to an end.