Precinct Properties was selected as the preferred buyer of the building in September last year and while the final go-ahead has met strong opposition in the past few months, the Herald understands Precinct could take legal action if the sale was stopped.
An Auckland Council spokeswoman told the Herald the item on the agenda being voted on related to “council funding for transport outcomes associated with the development”.
That involved plans for a $28 million bike and micro-mobility hub in a new development planned for the site, funding for a new bus interchange, the fate of the Hobson St flyover and provisions for public parking.
The Herald understands the deal on the table is a sale price of $122m.
Councillors were also being asked to “confirm that approval of the final terms and conditions remain the responsibility” of the council’s development arm Eke Panuku and Auckland Transport (AT) boards, according to a confidential agenda for today seen by the Herald.
This would give the two boards the green light to proceed with the sale, which they were expected to do.
Precinct has proposed twin towers and a laneway weaving its way from Britomart to the Viaduct if it is sold the building.
A pack of confidential images leaked to the Weekend Herald this month revealed Precinct’s plan to expand its portfolio of office towers on the Auckland waterfront from Commercial Bay to the Viaduct.
To pull it off, Precinct planned to buy and demolish the car park building and develop the prime 0.625ha waterfront site.
Central to Precinct’s plans were two slim skyscrapers nearly 40 storeys high towering above the M Social hotel on Quay St that would have a mix of office space and apartments with views of the Waitematā Harbour and the Hauraki Gulf.
Comments in the pack showed Precinct Properties was keen to remove the Hobson St flyover in order to open up and refurbish lower Hobson St, saying keeping the flyover would prevent access to the Viaduct, reduce the visibility of a podium development and compromise the overall quality of the project.
Opponents want to retain public parking, while Krukziener has an alternative proposal he claims could net the council up to $250m.
Krukziener said he would be putting the council on notice today that if the sale proceeds the society will seek a judicial review under section 77 of the Local Government Act, which says councils must consider all options when making decisions.
He said the council had an obligation to maximise value for ratepayers and selling the car park to Precinct does not achieve that.
Last Thursday, Krukziener spoke to the transport and infrastructure committee, outlining his concerns about the sale of the car park building and presenting an alternative scheme.
However, a source close to the negotiations, which involves Precinct Properties, Eke Panuku and AT, said Precinct would take separate legal proceedings if the sale was stopped.