infinity park rfp response - cushman & wakefield
DESCRIPTION
Infinity Park RFP Response - Cushman & WakefieldTRANSCRIPT
A PROPOSAL FOR
PROPERTY CONSULTANCY APPOINTMENT
RESPONSE TO REQUEST FOR PROPOSAL FOR
PREPARED FOR
NOVEMBER 2014
INFINITY PARK, DERBY
INFINITY PARK, DERBY LTD CUSHMAN & WAKEFIELD 2
TABLE OF CONTENTS
EXECUTIVE SUMMARY
INTRODUCTION 4
THE PROJECT 4
INFINITY PARK, DERBY – SWOT ANALYSIS 5
CUSHMAN & WAKEFIELD LLP 6
COMPANY DETAIL 6
COMPANY OVERVIEW 6
YOUR TEAM 11
TRACK RECORD 17
MANUFACTURING / TECHNOLOGY / R&D 17
OFFICE SECTOR 21
MARKETING 22
MISSION STATEMENT / VISION 22
OBJECTIVES 22
IMPLEMENTATION 22
MARKETING CAMPAIGN 24
WHY APPOINT CUSHMAN & WAKEFIELD 30
OUR CORPORATE CONNECTIONS 31
MARKET KNOWLEDGE 32
OUR CLIENT / PROJECT FOCUS 37
OUR SYSTEMS 38
REFERENCES 38
FEE PROPOSAL 39
SOLE AGENCY 39
JOINT AGENCY 39
MARKETING COSTS 39
TERMS OF ENGAGEMENT 39
CONCLUSION 40
Appendix A – CVs
Appendix B – Terms and Conditions
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EXECUTIVE SUMMARY
Cushman & Wakefield (C&W) are delighted to have been invited to tender to the joint owners and developers
of Infinity Park, Derby Ltd (Cedar House Investments, Wilson Bowden, Peveril Securities, Derby City Council,
Harper Crewe, Rolls Royce) for the marketing of this development. In this document we have set out why our
strong levels of experience and expertise make C&W the best firm to work with you to raise the park’s profile
and obtain the national and global reach that you require.
The highlights of our offer are summarised below.
Our track record is superior to our competition. We have significant experience in the advanced
manufacturing, technology and logistics fields. Our track record proves that we have the skills, expertise,
market penetration and contacts to promote Infinity Park to the key decision makers, both nationally and
globally.
We can leverage our global platform and focus it at a local level. Our influence and reach across the globe
allows us to open many doors to key decision makers. A significant attribute in a globalised world.
Our corporate connections – we act for a large number of the world’s leading companies, many of whom
are operating in the target sectors of advanced manufacturing, technology, transport and logistics.
Our retail connections – C&W is known for its extensive expertise in the retail sector and was voted
Property Week Retail Team of the Year in 2014 and Estates Gazette Retail Team of the Year in 2013.
Retailers form a large part of the logistics sector and we are able to open doors to many of the key
decision makers, both nationally and across the globe.
Our market coverage and knowledge – our activities in the offices, advanced manufacturing, industrial and
logistics sectors give us unrivalled market information on activity and deals, allowing us to keep you
updated on the most recent activity. C&W were crowned Industrial Agency of the Year at the 2014
Property Awards.
Our proposed marketing campaign, if implemented, will raise awareness of Infinity Park nationally and
globally.
A highly focused team which focuses on the advanced manufacturing, technology, logistics and office
market. We act like a niche team but with the support network of a global organisation.
Significant support services – behind us is a network of industry expertise in:
− Advanced manufacturing, technology, and logistics organisations both nationally and globally
− Marketing and promotional activity
− Transaction execution and management
Our focus on the project – we have no relevant conflicts of interest.
These qualities set us apart from our competitors. By appointing C&W you will be appointing an agency team
that has unparalleled expertise in your target sectors and has deep connections in corporate organisations in
your target markets. Furthermore, the team is very often advising occupiers in your target markets.
Our global connections can be leveraged to raise awareness of the scheme across our network, with our
clients, and within the target markets.
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INTRODUCTION
Within this document we will:
Present our proposals on how to achieve the key objectives of the stakeholders.
Provide more information about C&W and how our unique place in the market will complement and
enhance the marketing of the development and how by working in partnership with other key stakeholders
this will be achieved.
We have undertaken a site visit and reviewed the publicly available material for the development in order to
understand the current placement in the market and how this can be substantially enhanced and presented to a
global audience. We have also given consideration to the relevant target sectors, and a marketing campaign to
promote Infinity Park to target this market on a national and international basis.
We are delighted to provide our proposal as follows.
THE PROJECT
Infinity Park, Derby – “The UK Capital for Innovation” is a 250 acre gross and 86 acre developable site capable
of accommodating 1.8m sq ft of offices, warehousing/logistics, manufacturing and high tech space together with
ancillary hotel, retail and supporting services. The sites will be accessed by a new link road which will provide a
direct connection onto the A50.
Initially 50% of the development is to be reserved for occupiers operating in the advanced engineering /
manufacturing sectors whilst the remainder of the site will be available to a cross section of occupiers within
the B1/B2/B8 use classes. Within the centre of the scheme, a 9 acre site is to be preserved for the creation of
an Innovation Hub, the first phase of which will comprise a 45,000 sq ft Innovation Centre which will be
completed and open for March 2015.
The key stated aim for Infinity Park is to build on Derby’s heritage in advanced engineering and its growing
presence in the logistics sector. Infinity Park aims to attract companies from these sectors, both nationally and
internationally.
The key objective of the appointed consultant is to work in partnership with the stakeholders and associated
organisations in raising the profile of Infinity Park, so that it becomes the first choice for companies within the
advanced engineering and logistics sector, both on a national and global scale. The appointed consultant is to be
fully engaged with key influencing bodies and agencies. In meeting these key aims and objectives the joint
development stakeholders require the following services:
Play a major role in developing the marketing strategy for Infinity Park, Derby.
Influence the knowledge and awareness that occupiers have for Infinity Park, Derby and ensure its
availability is widely publicised.
Work in partnership with Marketing Derby and the Innovation Hub to ensure a joined up and efficient
approach to marketing activity.
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INFINITY PARK, DERBY – SWOT ANALYSIS
STRENGTHS
• Excellent location.
• Direct connection to A50.
• A skilled, motivated and competitive
workforce.
• Exceptional support of all major
stakeholders.
• Full range of property opportunities
available, from the smallest office suite to
the largest manufacturing/logistics
facilities.
• Deliverability.
• Well-funded and highly respected
development team.
OPPORTUNITIES
• Create a nationally and internationally
recognised business park for advanced
manufacturing and logistics.
• Secure occupiers for the site and to
attract and retain thousands of jobs
in Derby.
• To significantly raise the profile of the
site both nationally and internationally.
• Provide readily available development
plots.
• Tackle sustainability.
• Influence key decision makers.
• Financial assistance.
THREATS
• Demand.
• Competing sites.
• Ongoing uncertainty in global occupier
investment.
WEAKNESSES
• The current awareness of the
brand/scheme nationally and
internationally.
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CUSHMAN & WAKEFIELD LLP COMPANY DETAIL
UK HQ
Cushman & Wakefield LLP
43/45 Portman Square
London
W1A 3BG
BIRMINGHAM OFFICE
Cushman & Wakefield LLP
9 Colmore Row
Birmingham
B3 2BJ
COMPANY STATUS
Limited Liability Partnership
REGISTRATION NUMBER
Registration Number – OC328588
NUMBER OF EMPLOYEES
Global – 16,000
UK – 674
ANNUAL TURNOVER
2013 2012 2011 2010
LLP
Turnover
(£million)
140,277 118,415 120,783 119,048
COMPANY OVERVIEW
C&W is the world’s largest privately‐held commercial real estate services firm. The company advises and
represents clients on all aspects of property occupancy and investment, and has established a pre-eminent
position in the world’s major markets, as evidenced by its frequent involvement in many of the most significant
property leases, sales and management assignments.
Founded in 1917, it has approximately 250 offices in 57 countries, employing more than 16,000 professionals. It
offers a complete range of services for all property types, including leasing, sales and acquisitions, equity, debt
and structured finance, corporate finance and investment banking, corporate services, property management,
facilities management, project management, consulting and appraisal.
The firm has nearly $4 billion in assets under management globally.
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A recognised leader in local and global real estate research, the firm publishes its market information and
studies online at www.cushmanwakefield.com/knowledge.
VISION
To be the world’s preferred real estate firm, providing the most creative and innovative services on a
consistent basis to drive meaningful value to our clients. To be the best at what we do.
VALUES
CLIENT FIRST
Our ethos is putting the client at the heart of everything we do.
INTEGRITY & RESPECT
Our foremost standards of conduct.
COLLABORATION & TRUST
A culture of collaboration, trust and sharing of information.
CONFIDENCE
Confidence in each other to deliver the most creative and innovative services to our clients.
MENTORSHIP
Attract and develop the most talented professionals.
STRATEGIC PLAN
Global alignment of management
Consistent service mix across regions
Efficient operations
Client prioritisation
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TOP 200 GLOBAL CLIENT LIST
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OUR MAJORITY SHAREHOLDER, EXOR S.P.A
EXOR S.p.A. is one of Europe’s leading investment companies and is controlled by the Agnelli Family. With a
NAV (Net Asset Value) of over Euros 8.5 billion, EXOR sums up an entrepreneurial story based on more than
a century of investments.
EXOR’s goal is to beat the MSCI World Index in Euros in the long term through the increase in its Net Asset
Value (NAV). EXOR makes long-term investments in different sectors, mainly in Europe and in the United
States, focusing on few global companies.
EXOR is a responsible owner, combining its entrepreneurial approach with a sound financial discipline. It
focuses on the development of its companies, improving their competitive position and profitability. It maintains
a constant dialogue with the management of the companies in which it invests, while fully respecting their
operating autonomy.
Cushman & Wakefield Inc. is a private corporation with operations in North and South America, EMEA
and Asia Pacific.
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BIRMINGHAM OFFICE
LOCAL SERVICE LINES
National Logistics & Industrial
Office Agency
Project Management & Consultancy
Property & Asset Management
Retail
RECENT HIGHLIGHTS
Let 730,000 sq ft to Amazon in Rugeley for a regional distribution centre.
Let 224,000 sq ft to Continental Tyres in Rugby.
Let 165,000s qft to Jaguar Land Rover in Birmingham.
Let 121,000sq ft to Plastic Omnium At Hams Hall.
Advised Jaguar Land Rover on the acquisition of 40 acres of land and 6,000 car parking spaces on various
sites in Birmingham.
Recently appointed marketing agents for:
− Iport Rossington South Yorkshire – On behalf of Verdion/ HOOPP a 6.6million sq ft strategic rail
freight terminal
− Rugby Gateway J1 M6 Rugby – On behalf of Roxhill/ SEGRO a 1.8 million sq ft industrial and
logistics development.
Advised Ericsson on the disposal of 136,000 sq ft to Sainsburys and acquired 52,000 sq ft on behalf of
Ericsson in a coterminous transaction.
Letting agents on Colmore Plaza (310,000 sq ft) on behalf of Carlyle Group.
Insider Deal of the Year 2012 – Ericsson / Sainsburys Ansty Business Park, Coventry.
Leading Midlands Shopping Centre Leasing Agents – 19 existing instructions.
EGi West Midlands Retail most active Deal Winners 2012.
KEY MIDLANDS ACTIVE CLIENTS – OCCUPIERS
Jaguar Land Rover
GE Aviation
BAE Systems
United Technologies Corporation
PCC Group/ SPS Technologies
Sheffield Insulations Group
Experian
Grontmij
Wolseley
Royal Sun Alliance
Magna Automotive
Centrica
Infor
Virgin Media
Ernst & Young
GAP
Ericsson
Sainsburys
Marks & Spencer
Everything Everywhere
Homes & Communities Agency
KEY STATISTICS
8 Partners, 8 Associates, 5 Senior Surveyors, 3 Surveyors, 5 Assistant Surveyors and support staff.
First opened in 2007 – now 89 staff in Colmore Row, Birmingham.
Experienced senior team.
Balanced occupier and landlord representation.
Focussed approach – we only work where we can add value.
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OUR GLOBAL PLATFORM AND LOCAL APPROACH
It can be seen from our global coverage that we are represented in 250 offices across 57 countries. At a local
level this allows us to reach out across the globe, where required, for the benefit of our client. We use this
network for our clients to open doors, make new contacts and seek to influence key decision makers in our
target areas.
Our regional presence in the UK is established with offices in London’s West End and City, Thames Valley,
Birmingham, Manchester, Glasgow and Edinburgh.
Each office provides:
A comprehensive service for leasing and tenant representation.
Full understanding of occupier requirements and how this impacts on the development process.
Collaborative working with our corporate clients, lease advisory and investment teams to deliver more
intelligent real estate strategies for clients to maximise their advantage.
Comprehensive and in-depth research and analysis capabilities enabling you to make truly informed
decisions.
Our national agency teams focus on all UK regions outside of central London and the Thames Valley. Our
team of experts are unique in having many years real estate experience covering all regional centres
backed with our international infrastructure.
By leveraging our global coverage at a local level we will provide you with the widest possible market
coverage and support in marketing and raising the profile of the development, in the UK, EMEA, APAC and
the Americas.
YOUR TEAM AT CUSHMAN & WAKEFIELD
STAKEHOLDERS
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MANUFACTURING, INDUSTRIAL & LOGISTICS – KEY PERSONNEL
David Binks is the Partner in charge of our National Logistics & Industrial Agency,
Birmingham office. He has over 22 years of industrial agency experience across the
Midlands and has been involved in many key industrial developments including:
Kingswood Lakeside Business Park, Cannock
Staffordshire County Council a 100 acre business park.
Lymedale Business Park, Staffordshire
Staffordshire County Council / Advantage West Midlands – 76 acre business park.
Nexus Point, Birmingham
Wilson Bowden 39 acres Business Park
Primepoint J14 M6 Stafford
Instructed by Blackbrook Valley Developments to advise on the marketing and disposal of this 128 acre
site. Included the development and disposal of two speculative distribution buildings.
− 115,000 sq ft let to Iron Mountain
− 170,000 sq ft let to Culina
− The site (60 acres) was subsequently sold to Prologis for speculative development of three
buildings ranging in size from 70,000 sq ft to 550,000 sq ft.
Manton Colliery Worksop
80 acres for East Midlands Development Agency – sold to B&Q.
Interlink Business Park, Leicestershire
Wilson Bowden, 150 acre business park.
Ansty Business Park, Coventry
Highbridge Properties & The Homes and Communities Agency.
Key current instructions include:
Rugby Gateway J1 M6 Rugby
Appointed by Roxhill Developments and SEGRO to advise on the disposal of this strategically located
manufacturing and distribution hub with outline consent for 1.85million sq ft of manufacturing and
distribution facilities.
IPort Rossington South Yorkshire
Recently appointed by Verdion / HOOPP to act as joint agents on the disposal of this 6.6million sq ft
strategic rail freight terminal.
LONDON REPRESENTATION
We also propose that Mark Webster, Partner and Greg Cooper, Associate from our London team are
involved to form a strong link with the London markets.
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OFFICE AGENCY
Scott Rutherford is the Partner in charge of the Birmingham office of C&W and
responsible for Office Agency activities across the East and West Midlands. Scott has in
excess of 24 years office agency experience both in and out of town and current key
instructions include:
Ansty Business Park, Coventry
1.5 million sq ft – Highbridge Properties and Homes & Communities Agency.
Colmore Plaza, Birmingham – Carlyle Group
310,000 sq ft grade A offices.
Sherwood Park, Nottinghamshire
Praxis Holdings
East Side Locks Birmingham – Goodman
900,000 sq ft mixed use development.
RETAIL & LEISURE
Doug Tweedie is a member of the Midlands Retail Agency team based in the Birmingham
office. Doug is a retail & leisure specialist with UK wide experience in dealing with agency,
investment and professional matters and providing development advice.
Recent successes include:
Voted 2013 Leisure Team of the Year at the Estates Gazette awards in December
2013.
Acting for Redevco in letting 25,000 sq ft to Easy Gym and expanding budget gym operation.
Acting for Burger King franchisee Caspian, KFC, and Karali Limited in Haymarket, Leicester, Cannock and
Nottingham.
Acting for KFC Great Britain acquiring 0.75 acres in south Birmingham for a drive thru restaurant.
Landlord instructions include CSC (Capital Shopping Centres), Aviva, Peel, Hammerson
As well as having strong relationships with some of the best retail and leisure operators in the business
(Travelodge, Whitbred, The Restaurant Group, McDonalds, KFC, Carluccio’s etc), Doug also advises the UK’s
leading owners and occupiers:
EMEA CO-ORDINATION
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Steven Watt is a Partner based in our Paris office and is responsible for co-ordinating
occupier activity through our network of brokers across the EMEA. Steven will be our key
link in ensuring maximum exposure of the development to our European brokers. In
addition, Steven will also be responsible for raising the profile of the development with key
corporate occupiers known to be considering cross border relocations throughout
Europe.
INTERNATIONAL DESK
Peter Victor is a US/British citizen who is based in our Portman Square office London
and is responsible for the ‘International Desk’. His day to day activities include the
co-ordination of occupier requirements across the globe from the Americas and APAC.
Peter has insight into corporate activity and requirements, and is responsible for ensuring
that corporate clients are put in touch with the best contacts in the local markets. With
this intelligence Peter will assist in targeting occupiers with active requirements from
across the globe.
CLIENT SOLUTIONS
There are approximately 40 or so individuals who manage global corporate accounts of our major corporate
clients. They work closely with these clients to provide solutions to their real estate issues, including
transaction management. This gives us a detailed understanding of the business drivers and advanced
knowledge of new requirements long before they come to the market. We will promote the scheme availability
to key members and global account holders for discussion with their corporate clients.
TECHNOLOGY
Cushman & Wakefield’s media and technology group produces a number of bespoke research reports and runs
sector-led occupier events as well as advising developers on the key dynamics within the media and technology
sector.
The specialist team is the leading adviser to a range of media and technology firms with mandates from
companies including Amazon, EE, Ogilvy & Mather, Omnicom, WPP, TripAdvisor, Publicis, Microsoft and a
number of successful start-ups, and has established strong relationships with East London’s business community
including Tech City UK and Hackney Council.
C&W are also lead advisers on some of the Capital’s high profile tech projects and developments including:
Here East, a 1 million sq ft state of the art digital campus encompassing TV/film production, incubator,
exhibition and retail spaces at the former Olympic media and broadcasting buildings; and Derwent London’s
White Collar Factory.
Juliette Morgan, head of property at Tech City UK, joined C&W’s London Markets group as a partner in March
2014. She works closely with the firm’s tech sector specialists in Silicon Valley, New York and other major
global tech hubs. She recently became a member of the Pi Labs team, Europe’s first prop tech accelerator
launched by Cushman & Wakefield and Spire Ventures.
Juliette runs a TechTalk blog, sharing her thoughts on property technology -
http://techtalk.cushmanwakefield.co.uk/.
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PI LABS
Pi Labs is Europe’s first property-focused technology accelerator company. Founded by Faisal Butt (Founder
and CEO of Spire Ventures, formerly known as Hamilton Bradshaw Real Estate) and Umesh Kumar (former
Techstars and Oxygen Associate)
Pi Labs was created to assist start-ups focused on property and technology innovation. The programme will
accelerate the growth of these companies by providing them with access to investment, mentoring and
business space. This move underlines Cushman & Wakefield’s commitment to support and drive innovation in
property and tech hubs globally.
From October 2014, innovative property start-ups will be able to apply to join the Pi Labs accelerator
programme which will be located within ‘Second Home’, a new iconic 20,000 sq. ft. space in Shoreditch.
Founded by Rohan Silva, former adviser to David Cameron and chief architect of London’s Tech City initiative,
Second Home will set new global standards in the provision of stimulating private and social workplace
environments supporting collaboration and co-working amongst creative and technology businesses.
Through its strategic partnership with Pi Labs, Cushman & Wakefield’s tech team led by Juliette Morgan, (Head
of Property at Tech City UK) will relocate to Second Home and become an integral part of the accelerator
programme. The Pi Labs programme was founded out of the realisation that a platform approach for property
innovation would improve the success rate of budding ventures when compared to the isolated efforts seen
today.
This unique initiative puts Cushman & Wakefield at the heart of the tech ecosystem working alongside world-
class entrepreneurs, tech innovators and creative companies while sharing the firm’s extensive range of
industry sector specialisms, contacts and networking opportunities. For Spire Ventures, Pi Labs is a natural next
step after the venture capital platform’s investment in eMoov (the UK’s largest online estate agent) and most
recently, Spacious, positioning the firm as London’s most active investor in prop-tech start-ups.
SECTOR GROUPS
Certain industries require expert sector knowledge to meet your needs. C&W have developed specialised
sector groups, with members drawn from the best in our firm, with specific knowledge, experience and track
record within the relevant industry sector.
Team members are appointed to a sector group based upon exceptional and sustained sector experience and
expertise. Our specialist teams draw membership from all real estate disciplines including brokerage, account
management, project management, capital markets, consulting, appraisal and property/facilities management.
This integration across multiple disciplines amplifies the team’s ability to deliver both strategic and tactical
services in the sector specific manner. C&W sector groups comprise professionals from all relevant regions
based upon their footprint of the sector. For example, sectors with local footprints such as manufacturing,
transport and logistics have global membership and coverage. To maintain the value added within each sector
group, all members partake in the following:
Attend industry conferences and events
Conduct speaking engagements on topical matters at events and for the media
Publish white papers and periodical publications to share their intellectual capital
Track sector specific inventories and trends impacting the sector
Communicate and co-ordinate on monthly conference calls
Attain certifications and accreditations in the industry
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Develop sector databases and web based applications
Secure strategic partners, such as architecture and engineering firms and research universities
In addition to their understanding of real estate assets specific to a sector, C&W sector group professionals
maintain a nuanced sector specific understanding of the following:
Business goals
Product/service lifecycles
Competitive pressures
Operational challenges
Regulatory considerations
Capital requirements and challenges
C&W sector groups focus on unique and often complex
requirements for companies in select industries and/or with high
technical real estate assets. Our sector groups are multi-
disciplinary, geographically diverse and representative of the
firm’s elite professionals. The sector groups will combine and
consolidate sector expertise to lead exploration and analysis of
key trends affecting the industry. Our sector groups share best
practice, research and knowledge from the real estate industry
to assist in all aspects of a company’s real estate needs. Our
network of local agents, experience and knowledge can help align
property requirements with business objectives and help to keep
you ahead of your competition.
For Infinity Park the most relevant sector groups that we provide are Transport & Logistics and Manufacturing,
and Technology.
Recent activities in these groups include a presentation on the growth and impact of additive manufacturing
(3D printing) in the real estate sector.
We will use these promotional events to raise awareness of the scheme with our clients.
The respective CVs of the key individuals are included in Appendix A.
This team has the necessary innovation, skills, market knowledge, enthusiasm, time and resources to handle
these instructions to ensure that the scheme profile is raised throughout the UK, EMEA, APAC and the
Americas. In addition, the activities of our occupier representatives in EMEA and via the International Desk
together with our sector group will ensure that the scheme is presented to the widest possible audience of our
global corporate clients.
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TRACK RECORD
MANUFACTURING, TECHNOLOGY SECTOR & R&D
ANSTY BUSINESS PARK, COVENTRY, JUNCTION 2 M6/M69 (1.5MILLION SQ FT TECHNOLOGY PARK)
Ansty Business Park is a 100 acre scheme immediately adjacent to Junction 2 of the M6 at its junction with the
M69. Capable of accommodating 1.5million sq ft of accommodation, the park is specifically targeted at the
manufacturing and technology sectors, specifically those with a
strong research development bias. Successes to date include:
136,000 sq ft let to Ericsson for their EMEA research and
development centre (advised by C&W), subsequently
vacated and re-let (also advised by C&W) to Sainsbury’s
for their store support centre and now accommodates
800 jobs.
The Manufacturing Technology Centre MTC – 120,000
sq ft shared user facility for those in the manufacturing,
technology and R&D sectors. Users of this facility include
Rolls Royce, Aero Engine Controls and ABB. In addition a
new training academy is now on under construction.
Aviation Technology Centre – Currently under
construction and extending to 100,000sq ft, this is the
second phase of the MTC doubling the size of the facility
and focusing on those companies in the aviation sector.
University of Birmingham High Temperature Research
Centre – A joint venture between The University of
Birmingham and Rolls Royce has recently acquired 3 acres for the development of a 60,000 sq ft facility.
GRANTA PARK, CAMBRIDGE
Instructed by Bio-Med, the United States largest owner of
science parks, Granta Park is a 120 acre development targeted
at offices and laboratories for the smallest organisations to the
largest companies.
To date we have prelet two sites on the scheme totalling
100,000 sq ft.
In addition to our disposal work we have, on behalf of a variety
of companies, undertaken a number of technology acquisitions
for the following:
Cambridge Silicon Radio (wireless technology solutions) – 50,000 sq ft acquisition in Cambridge.
Maths Work (developer of computing science) – 20,000 sq ft acquisition in Cambridge.
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MEDIACITY, MANCHESTER
C&W are instructed by Peel Holdings on MediaCity,
Manchester. Phase 1 is regenerating a 36 acre site
delivering 700,000 sq ft of office accommodation, a
250,000 sq ft studio block, 80,000 sq ft of
retail/leisure space, 378 apartments, split between
two residential towers and a 218 bed Holiday Inn
hotel.
The home to BBC North’s new headquarters and
Salford University’s new higher education centre,
MediaCityUK will flourish as a hot bed for developing
talent. Add Northwest Vision & Media and a brand
new Media Enterprise Centre, to the offer and a mix
of academic excellence, private enterprise and public sector emerges.
LOGISTICS
IPORT ROSSINGTON, SOUTH YORKSHIRE
Recently appointed by Verdion / HOOPP to act as
joint agents on the disposal of this 6.6million sq ft
strategic rail freight terminal.
RUGBY GATEWAY, JUNCTION 1 M6
Appointed by Roxhill Developments and SEGRO to
advise on the disposal of this strategically located
manufacturing and distribution hub with outline
consent for 1.85million sq ft of manufacturing and
distribution facilities.
Our involvement and track record in the developments described above prove that we have a deep
understanding of not only the advantaged engineering, manufacturing and logistics sectors but also pharma/bio
life sciences and media technology which should also be explored and may also be of benefit to Infinity Park.
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OCCUPIER REPRESENTATION
MARKS & SPENCER PLC – UK E-COMMERCE DISTRIBUTION FACILITY
THE BRIEF
C&W was appointed by Marks & Spencer Plc (M&S) to identify opportunities in the Midlands to accommodate
a 1,000,000 sq ft national E-Commerce distribution centre in order to serve its future needs as a result of an
expanding Multi Channel retail platform,
SOLUTION
C&W carried out a search of appropriate
development opportunities based on detailed
transport metrics provided by M&S that resulted in
preliminary negotiations being undertaken with a
number of developers and land owners in the
Midlands.
The preliminary enquiries factored heavily upon the
deliverability of a sustainable option and the ability
for M&S to benefit from a dedicated rail hub.
CONCLUSION
Our advice and involvement resulted in an agreement to lease being entered into subject to planning on a
950,000 sq ft BREEAM Excellent facility at the East Midlands Distribution Centre (EMDC) in Derby.
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JD SPORTS FASHION PLC – KINGSWAY BUSINESS PARK, ROCHDALE
THE BRIEF
JD Sports Fashion Plc (“JD”) wished to consolidate its northern distribution facilities
into a single site that would become its main national distribution facility. They had
already identified a site which would meet their occupational requirements and were
in discussions with the developer. JD had the choice to either purchase the site and
fund construction (using their own internal cash resources) or enter into a long term
lease with the developer. JD wanted an advisor that could advise them on
development structuring. Whilst gaining a full understanding of JD’s requirements, C&W introduced a third
option to JD, being a tri-party forward funding solution.
SOLUTION
C&W carried out an options analysis which evaluated the three options available to JD. The options analysis
included:
Financial analysis including the cash flow and P&L effects.
Risks and key considerations which covered construction.
Development, execution and financial considerations.
A market assessment of the pricing that may be achieved.
Accounting implications.
A tri-party forward funding solution was selected.
C&W was instructed to run a structured sales process and identify an investor and negotiate a transaction to
achieve the objectives of the business.
CONCLUSION
JD successfully agreed a deal with a leading institution to forward fund the development of a c860,000 sq f
facility which they would occupy from practical completion on a long term lease. The building was delivered on
time, both legally and practically, which minimised the disruption to their supply chain. The transaction
exchanged and completed in just four months.
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OFFICE SECTOR
EAST SIDE LOCKS, BIRMINGHAM
Eastside Locks is a 13 acre regeneration project creating a
vibrant new quarter with retail, leisure, living and business all
working together to form a new community. Stunning
landscaping forms an integral part of the design with the canal
creating a unique waterfront destination. The development will
consist of over 720,000 sq ft of Grade A office
accommodation, 350,000 sq ft of residential combined with
retail and leisure facilities, only a short walk to Birmingham’s
vibrant city centre.
Office: 670,000 sq ft of Grade A office space benefiting from a broad range of accommodation options and
able to accommodate large floorplate headquarters style premises to smaller scale, ‘own front door’ lower
density buildings.
Office space for small and medium sized enterprises: 50,000 sq ft detailed planning submitted.
Hotel: A quality hotel with 185 rooms and amenities including a restaurant, bar and gym, spread across
95,000 sq ft.
Retail and leisure: 95,000 sq ft of restaurants, café bars, brasseries and convenience retail.
Residential: 353,000 sq ft of residential space in a mix of styles.
COBALT BUSINESS PARK, NEWCASTLE UPON TYNE
Cobalt Business Park is a 2.25 million sq ft office park and one
of the most important office parks in the UK. Developed by
Highbridge Properties, the scheme provides high quality office
accommodation.
C&W have been involved since the schemes inception. In
addition, support services on site include Hotels, Crèche and
community services for business and residents.
Current occupiers include Proctor & Gamble, GE and Everything Everywhere, Newcastle City Council,
Santander.
Furthermore, Highbridge properties have speculatively developed two purpose built data centres.
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MARKETING
MISSION STATEMENT / VISION
To work in partnership with the developers, land owners and key stakeholders of Infinity Park to understand
our targets and to raise the profile of the development regionally, nationally and globally, and to secure new
occupiers for the development from target markets.
OBJECTIVES
To work in partnership with the key stakeholders to raise the profile of the development on a regional,
national and global basis.
To establish and continually promote Infinity Park, Derby as the natural first choice for companies within
the advanced engineering and logistics sectors.
To establish the credibility and deliverability of the development.
To establish and promote the key unique selling points of Infinity Park.
To access and influence key decision makers in our target markets.
To establish a credible delivery process for occupier requirements.
IMPLEMENTATION
ESTABLISH KEY UNIQUE SELLING POINTS
Working with the key stakeholders to establish the unique selling points and target markets, including but
without limitation as follows:
Location
Connectivity
Demographics
Skills
Deliverability/Credibility
Availability
Business Support
DELIVERABILITY AND SUSTAINABILITY
Location – It is key to sell a location to an occupier, both its geographical location connectivity but also
availability of skilled workforces and cost relative to other geographic areas.
Physical characteristics – Occupiers will need to know how their requirements can be accommodated.
Deliverability – These facilities will be essential to customers’ business operations. Cast iron
deliverability is key. Prove:
− Undoubted planning environment
− Developer expertise in delivering developments of this scale to budget and on time
− Availability of plans and specifications in multiple sizes and formats. Use pictorial specifications
− Cast iron delivery timescale – review with your contractors timescales for delivery, seek
improvements where possible. The aim is to match or beat the competition.
Minimal risk – Prove that the site is not subject to third party risks e.g. flooding, geo-technical or
environmental risks.
Labour availability – Commission appropriate reports into availability and cost of labour relative to the
competition.
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Sustainability – This is of increasing importance to manufacturers and logistics organisations in their
property portfolios, not only to meet their corporate social responsibility requirements & carbon
reduction commitments but more importantly, to minimise operational costs of their property holdings.
We recommend that sustainability issues are addressed and promoted to our target markets. This would
require the adoption of target BREAAM ratings in the specifications of the buildings. We recommend a
very minimum of BREAAM Very Good. This should be promoted within the marketing of the
development. In addition seek to identify a local network power generation facility for the site.
Fit out packages – Design standard fit out packages that are commercially viable and promote their
availability as part of the marketing campaign.
Address these issues and promote these in the marketing information. Have the information instantly
available.
TARGET SECTORS
ADVANCED MANUFACTURING/ R&D
Key sectors for targeting would include but are not limited to:
Aviation supply chain
Automotive supply chain
Advanced manufacturing / engineering
Media Tech
Pharma / Bio Tech
TECHNOLOGY INSTITUTIONS
In addition to the above key sectors we would also propose to target key educational institutions, universities
and colleges that are proactive in the advanced engineering, supply chain and logistics field.
Recent successes at Ansty Business Park have been in direct partnership with institutions including Birmingham
University.
LOGISTICS
Key sectors in the logistics environment will include but are not limited to:
End users from the advanced manufacturing and retailing sectors
Third party logistics organisations
Distribution and warehouse companies
OCCUPIER TARGETING
We have suggested key sectors to target for potential occupiers for Infinity Park. C&W will work in
partnership with the stakeholders to:
Identify potential targets, and make approaches to those target occupiers on a national and international
basis. Nationally this will include establishing lists of companies in our target markets – aviation, automotive
and supply chain.
Devise an appropriate marketing campaign and associated material for distribution to these organisations.
Respond to active requirements known within the market and pursue these to the best of our ability to
promote the awareness of Infinity Park and attract them to the development.
Utilise our EMEA and International Desk to selectively target those organisations within the target sectors
and C&W corporate client base that we know are pursuing relocation projects and promote the
availability of Infinity Park to them.
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LEASE EVENT TRACKING
C&W have a simple and effective system of monitoring lease events in key buildings and markets around the
country by cross referencing these events with our target market lists. This will be of significant benefit to the
marketing process by regularly reviewing lease events around the country in an effort to target and identify
forthcoming customer requirements.
EXCERPT FROM LEASE EVENT TRACKING DATABASE
BRING FORWARD
MONTH TENANT PROPERTY
ADDRESS
EVENT EVENT DATE REASON
December 2013 ABB Ltd Hams Hall 28,
Coleshill,
Birmingham
Break Date 11/07/2016 £140,000 @ £5
27,946 sq ft
December 2013 Mettler –
Toledo Ltd
64 Boston
Road, Gorse
Hill IE, Leicester
Lease Renewal 08/12/2015 £129,500 @
£4.84
26,744 sq ft
December 2013 Toyota (GB) Plc Plot 2200,
Magna Park,
Lutterworth
Rent Review 25/12/2015 £995,530
194,678 sq ft
SECTOR GROUPS
Using the skills and reach of our sector groups in Manufacturing, Technology, Transport & Logistics we will
seek to promote the availability of Infinity Park and discuss potential requirements with our internal clients,
both nationally and globally, and with other external organisations.
MARKETING CAMPAIGN
A key part of our proposals will be to raise the awareness of Infinity Park to the external market and our
internal corporate clients on a national and global basis. We will instigate a comprehensive and high quality
marketing campaign as follows:
BRANDING
The Infinity Park branding is strong brand, and we recommend that this is kept. We will work with your
internal marketing professionals to work with this branding to create styles that will be targeted at our
markets. In addition we will ensure that branding is driven through all material to maintain consistency.
SITE SIGNAGE
We propose a comprehensive package of site signage to include:
Main site boards – providing an overview of availability, site mission statement and CGI visuals.
Individual plot availability boards – to be erected at appropriate locations in front of individual plots
describing size and use.
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BROCHURE
We propose a suite of brochures that would highlight the availability across relevant property sectors. The
brochures will be produced in both hard and soft copy in sufficient numbers to allow penetration of the target
sectors. The brochure content will include scheme plans, demographic / location information, developer
credibility, information on grants and funding, connectivity to the UK and globe, and CGI images of the
proposed developments.
VISUAL IMAGES
We recommend preparation of a suite of CGI’s to bring the scheme to life for occupiers. This would also
include moving CGI video presentations of the scheme.
INTERNET PRESENCE
We propose the following:
Existing website – Enhance and add to the existing website detail regarding the wider scheme to provide
detailed information for the rest of the development.
− Website content to include similar information to the brochure but also to include download
centres for additional material for instance standard specification, scheme plans, demographic
information stakeholder contacts and business support information etc.
Infinity Park will be included on the C&W global website and links to the development site will be included.
Establish the presence of Infinity Park on social media – Twitter, LinkedIn, Facebook, and YouTube and
work with the stakeholders to ensure these are kept up to date.
C&W operate internal video presentations to promote availability of globally significant instructions to our
global teams, known as CWTV. This is a piece of internal software that will display a reminder on all C&W
employees’ computer screens when an internal news story is released. This includes videos and other
promotional pieces such as the desktop pop up on the next page.
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Create tablet and smart phone enabled content such as applications and quick recognition systems for the
scheme.
In addition we would ensure that details of the scheme are registered on key property listing websites
including:
− EGi
− Nova Loca
− Estates Agents Clearing House
− Focus
− Logistics Manager
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PRESENTATION & EVENTS
We recommend:
An on-site marketing suite (potentially in the Innovation Centre) which will include both digital and hard
copy interactive presentations of the scheme and the unique selling points of the development, creating a
quality environment to bring occupiers to.
Presentation of the development at sector specific events including:
− Advanced Manufacturing Show
− Logistics Link Live
− Internet and E-commerce Retailing Show
Attending specific occupier events to ensure national and global exposure of the development including:
− MIPIM
− CoreNet
− IAMC
− Expo Real
Partnering with key business associations
− CBI
− Chamber of Commerce
− IOD
− Department for Business Innovation and Skills, and relevant supporting partners
− UKTI
− Homes & Communities Agency
Partnering with key sector specific organisations
− Institute of Advanced Engineering & Science
− Manufacturing Technologies Association
− Engineering Industries Association
− International Warehouse & Logistics Association
These are just a small selection of relevant organisations. Working with you we will identify the most
appropriate organisations to target. We will assist in the creation of suitable presentation material.
Working with regional and national agents active in the office, technology and manufacturing/ logistics
sectors.
Hosting on-site launches with presentation lunches/breakfasts.
Becoming key sponsors of local and regional events or sector specific events.
DIRECT MAILINGS
Implement a campaign of direct mailing to target sectors, relevant organisations, and bodies on a regional,
national and international scale, using both hard copy and digital material.
The target lists would include, but are not limited to:
Key regional and national occupiers within the target sectors, for instance,
− top 500 UK manufacturers
− top 200 warehouse and logistics organisations
FTSE 100 organisations
Undertake, with the assistance of a specialist telesales company, a telesales campaign to follow up direct
mailings
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ADVERTISING
Implement a targeted advertising campaign focused on key publications in our target sectors, to include but not
limited to:
Logistics Manager
UK property press
− Estates Gazette
− Property Week
Sector specific journals
− Aerospace Manufacturing
− International Journal for Advanced Engineering Technology
Other relevant engineering and advanced manufacturing journals to be identified
Billboard advertising in key relevant infrastructure locations around the country and globe. Stations,
airports etc.
OTHER MARKETING ACTIVITIES
Hold regular competitions both for the agency community and wider business community to maintain
awareness.
Provide regular news updates via the website, social media and newsletters.
The proposed implementation and marketing campaign, both nationally and internationally, will significantly
raise the profile of the development and assist in attracting new occupiers to the park.
PRESS RELATIONS
Promote the development’s key selling points, by the use of press releases, newsworthy items and successes in
the key target media.
In addition, we retain the services of Leapgate PR, a local firm of journalists who are well known to local
publications and have a significant track record of placing press commentary and editorial in relevant
publications. They can assist in identifying appropriate journals, writing press releases and liaising with
journalists.
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SITE INFORMATION PACK
Prepare a pack of information which provides the following detail:
Planning consents
Product specification
Timescales
Environmental and geo-technical information
Plans
Construction team
Fit out shopping lists
Sustainability
Indicative racking layouts
Local stakeholder information
Planners
Economic development
Business support services
Labour availability (recruitment assistance)
PROMOTIONAL ITEMS
Use quality promotional items e.g. branded stationary etc, with longevity to build brand awareness.
SPECULATIVE DEVELOPMENT
Consulting with the key stakeholders, we will provide advice, recommendations and analysis on the prospects
for speculative development.
We believe this is an important part of generating activity at the development, particularly at this stage in the
market where supply is short and demand continues to grow.
KEY PERFORMANCE INDICATORS
Key performance indicators for our activities in the marketing of the development would include, but not
exclusively, the following:
The amount of square footage transacted on an annual basis.
The number of new organisations relocating to the park and jobs created.
The amount of press coverage, measured by the number of column centimetres produced referring
to the park.
Website traffic/Google rankings.
The number of new contacts made annually.
The number of presentations concluded.
The number of direct meetings with relevant occupiers.
The above KPIs will serve as a measure of our success; the parameters of which are to be agreed.
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WHY APPOINT CUSHMAN & WAKEFIELD
Our track record is superior to our competition. We have significant experience in the advanced
manufacturing, technology and logistics fields. Our track record proves that we have the skills, expertise,
market penetration and contacts to promote Infinity Park to key decision makers, both nationally and
globally.
We can leverage our global platform and focus it at a local level. Our influence and reach across the globe
allows us to open many doors to key decision makers. A significant attribute in a globalised world.
Our corporate connections – we act for many of the world’s largest companies, many of whom are
operating in our target sectors of advanced manufacturing, technology, transport & logistics.
Our retail connections – C&W is known for its extensive expertise in the retail sector and voted Property
Week Retail Team of the Year in 2014 and Estates Gazette Retail Team of the Year in 2013. Retailers form
a large part of the logistics sector and we are able to open doors to many of the key decision makers, both
nationally and across the globe.
Our market coverage and knowledge – our activities in the office, advanced manufacturing, industrial and
logistics sectors give us unrivalled market information on activity and deals allowing us to keep you
updated on the most recent activity. C&W were crowned Industrial Agency of the Year at the 2014
Property Awards.
Our proposed marketing campaign, if implemented fully, will raise awareness of Infinity Park nationally and
globally.
A highly focused team which focuses on the advanced manufacturing, logistics and office market. We act
like a niche team but with the support network of a global organisation.
We are vertically split which means we all work together for the benefit of our client. We all benefit from
the effort we make across the country. We are a single profit centre.
Significant support services - behind us is a network of industry expertise in:
− Advanced manufacturing, technology, and logistics organisations both nationally and globally
− Marketing and promotional activity
− Transaction execution and management
Our focus on the project – we have no relevant conflicts of interest.
Our systems – we have a number of well maintained internal systems that allow us to stay up to date with
our clients’ activities, who knows who and who is seeing who.
These qualities set us apart from our competitors. By appointing C&W you will be appointing an agency team
that has unparalleled expertise in your target sectors but has deep connections in corporate organisations in
your target markets. Further, the team is very often advising occupiers in your target markets.
Our global connections can be leveraged to raise awareness of the scheme across our network, with our
clients, and within the target markets.
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OUR CORPORATE CONNECTIONS
We are retained by or have preferred supplier status with over 141 international companies across EMEA and
over 200 corporations globally. We have been actively working with these organisations represented below.
We are trusted consultants.
Our deep connections mean your potential customers will take our calls.
We are able open to doors to key decision makers.
We know how they think, what drives them and how they analyse their choices.
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MARKET KNOWLEDGE
We pride ourselves on our market knowledge. Our niche approach to the market means that we have the
very best understanding of what is happening in the market, on a regional, national and global level and we
will use this information to your advantage.
Our tenant representation means that we are frequently making the market rather than following it.
Our national vertically organised team and integration with key players in our global network means that
we can co-ordinate market knowledge, requirements, deals, viewings across the country and the globe.
We monitor a number of key elements of the market.
Enquiries – we are able to analyse enquiries by tenure, size and volume. We can track levels on a month by
month basis and in size bandings. This allows us to provide accurate demand advice and assess which parts
of the market are proving most active and advise you on how to adapt your marketing to take advantage of
these changes.
NATIONAL LOGISTICS INDUSTRIAL AGENCY, UK-WIDE ENQUIRIES ANALYSIS
December 2012
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SUPPLY
We monitor the availability of both existing buildings and competing sites across the market both regionally and
nationally. We are able to analyse these by size, age and tenure for existing buildings and for sites by availability
and ability to accommodate buildings. This allows us to provide up to date advice on competing availability to
ensure that Infinity Park is offered in the most competitive way.
SITE AVAILABILITY
SCHEME
NAME
DEVELOPER/
OWNER
SIZE (SQ
FT)
REMAININ
G (SQ FT)
LARGEST
UNIT
INFRAS
TRUCT
URE
RENT
(PER
SQ FT)
SPECIFICATION/
COMMENTS
Derby
Triangle
Chaddesden
St Modwen 750,000 750,000a No TBC Design & Build mix
of office and business
space. Masterplan
being prepared.
EMDC,
Castle
Donnington
Clowes
Developments
2.5
million
1.3 million 480,000 Yes £5.75 Design and Build.
900,000 sq ft pre let
to Marks & Spencer
Derby
Commercial
Park,
Derby
Goodman 2 million 2 million 1,400,000 Yes £5.50 New scheme for up
to 2 million sq ft.
3 plots available
170,000, 373,300 &
550,504sq ft
KNDL 600,000 sq ft
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SITE AVAILABILITY
SCHEME
NAME
DEVELOPER/
OWNER
SIZE (SQ
FT)
REMAININ
G (SQ FT)
LARGEST
UNIT
INFRAS
TRUCT
URE
RENT
(PER
SQ FT)
SPECIFICATION/
COMMENTS
Castlewood
Business Park
Nottingham
Clowes
Developments
2.2
million
1.6 million 471,000 Yes £5.50 UDG 225,000sq ft
acquired on a design
and build basis.
Co-op pre-let of
480,000 sq ft
Nottingham
Junction 26
M1
Nottingham
IM Properties
/ First
Industrial
55 acres 55 acres 900,000 Yes £4.75 Planning for B1, B2
and B8 use
Infrastructure
currently being
constructed
Markham
Vale East
Junction 29A
M1
Henry Boot
Developments
61 acres 40 acres 585,000 Yes £4.75 Detailed consent for
585,000 sq ft
Ready for immediate
development
Potential rail
Connection
EXAMPLE BUILDING AVAILABILITY ANALYSIS
GRADE GIA AVAILABLE NUMBER OF UNITS % OF TOTAL AVERAGE SIZE
A 2,301,277 10 9 230,128
B 5,182,909 29 26 178,721
C 11,727,126 73 65 160,646
Total 19,211,312 112 171,530
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EXAMPLE AVAILABILITY BY SIZE
SIZE RANGE (SQ FT) NUMBER OF UNITS % NUMBER OF UNITS BY GRADE
A B C
100,000 - 150,000 61 55% 2 18 41
150,000 - 200,000 24 22% 3 4 17
200,000 - 250,000 8 7% 1 2 5
250,000 - 300,000 8 7% 1 1 6
300,000 - 400,000 7 6% 1 2 4
400,000 - 500,000 2 2% 1 1 0
500,000 - 600,000 1 1% 0 1 0
600,000 plus 0 0% 0 0 0
111 9 29 73
DEALS
We track and record as many deals as we can across the country and we are also able to analyse these by size,
tenure, age, price and use class. This covers not only the occupational market but investment transactions as
well. This will allow us to provide you with a variety of intelligence to ensure that the Infinity Park offer is
market competitive and that terms presented to potential occupiers are also the most competitive.
EXAMPLE DEALS ANALYSIS
MONTHLY TAKE-UP (MIDLANDS) ANNUAL TAKE UP BY SIZE
MONTH NUMBER OF DEALS FLOOR AREA (SQ FT) SIZE RANGE (SQ FT) DEALS DONE
January 2 516,415 100,000 - 150,000 5
February 3 448,391 150,000 - 200,000 5
March 0 0 200,000 - 250,000 2
April 1 303,047 250,000 - 300,000 0
May 1 104,014 300,000 - 400,000 5
June 6 1,894,345 400,000 - 500,000 0
July 2 790,025 500,000 - 600,000 1
August 1 165,200 600,000 plus 2
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EXAMPLE DEALS ANALYSIS
MONTHLY TAKE-UP (MIDLANDS) ANNUAL TAKE UP BY SIZE
MONTH NUMBER OF DEALS FLOOR AREA (SQ FT) SIZE RANGE (SQ FT) DEALS DONE
September 3 527,358
October 1 1,000,000
November
December
Total
Birmingham
Take Up:
20 5,748,795 20
TOTAL VOLUME OF TRANSACTIONS (SUM OF FLOOR AREAS) 5,748,795
TOTAL NUMBER OF TRANSACTIONS 20
We believe that these systems will allow us to provide you with the very latest market intelligence, ensuring
that the Infinity Park offer is competitive and adapts to changes in the market.
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OUR CLIENT / PROJECT FOCUS
At C&W we focus our niche teams with clients and on projects where we can add the most value. We are
selective about what we do which means we:
Have the resources to work collaboratively and closely with our clients and focus significant effort into
projects to ensure the best possible outcome.
Limit our conflicts of interest – we are focused on securing the best outcome for our client.
In this instance we do not believe we have any relevant conflicts of interests regionally but have listed below
relevant current projects to enable you to assess if there are any conflicts.
RELEVANT CURRENT PROJECTS
SCHEME SIZE CLIENT
Ansty Business Park Coventry 60 acres Highbridge Developments
Phase II Centrum West,
Burton upon Trent
30 acres
Can accommodate one single
building of 400,000 sq ft.
Goodman
Alfreton Road,
Derby
15.2 acres
Old manufacturing facility
Prysmian Cables (strong interest
and soon to be placed under
offer). Sold for redevelopment
Rugby Gateway J1 M6 Rugby 90acres
Planning for 1.8million sq ft
Roxhill/ SEGRO
IPORT Rossington 6.6million sq ft strategic rail freight
terminal
Verdion/ HOOPP
We believe that our involvement in schemes such as Ansty Business Park, Rugby Gateway, Iport Rossington or
others do not conflict with Infinity Park and will give us a detailed insight into national and regional enquiries.
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OUR SYSTEMS
At C&W we use our technology to assist us in staying up to date with our clients’ activities. This allows us to
be fully informed of their thinking and activities which we are then able to utilise for our client’s benefits.
Systems of note are:
Salesforce – This is an online internal C&W environment that all C&W brokers across the globe update
with client meetings and summaries of client activity. It details who we work for, their current activity and
main contact list. We can use this to open the doors to our corporate clients across the country and
globe.
Agents’ enquiry and property database – This allows us to monitor, update, target and analyse
requirements and competing properties regularly.
These systems provide us with the resources that our competitors do not have. They allow us to remain up to
date on market activity and our client activity which means we can use this information to open doors,
influence key decision makers, inform and enhance our marketing activities.
REFERENCES
Steve Holland, Homes & Communities Agency
Mark Harris, Carlyle Group
Prior to seeking references, please contact David Binks at Cushman & Wakefield.
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FEE PROPOSAL
SOLE AGENCY
FREEHOLD
Up to £1million 1.5%
Between £1million & £2million 1.25%
Above £2million 1%
of the freehold transaction price for each transaction.
LEASEHOLD
10% of the first year’s rental income ignoring rent free or other financial incentives.
JOINT AGENCY
Assuming the appointment of two joint agents our fees would be as follows:
FREEHOLD
For freehold we propose that the sole agency scale is multiplied by 2 and divided equally between the joint
agents.
LEASEHOLD
15% of the first year’s rental income ignoring rent free or other financial incentives. Fees to be shared equally
between the joint agents.
All fees are quoted exclusive of VAT.
MARKETING COSTS
Marketing costs will be in addition to these fees and will be charged separately in the month in which they are
incurred.
TERMS OF ENGAGEMENT
Attached at Appendix B is a copy of our standard terms of engagement for your consideration.
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CONCLUSION
We would like to thank you for asking us to respond to your Request for a Proposal. We hope that we have
demonstrated:
Our track record
How we will assist the key stakeholders in marketing the scheme
How we will reach key decision makers and raise awareness of the scheme
How we will educate occupiers in the market as to the benefits of Infinity Park, Derby
How we can bring the resources of a global advisor to a local market in a niche style
That corporate relationships and understanding of their key drivers are at the heart of your target market
and that no other organisation has the same connections
The proposed team, our collaborative approach and our significant expertise and experience together with
supporting resource can be brought to your benefit and are a best in class service.
We have detailed market knowledge and are frequently market makers rather than followers
We are one of the most active agents specialising in the manufacturing, logistics and technology sectors
and have an enviable track record of completing some of the biggest deals in these sectors in the UK
We have complementary instructions that will not cause conflicts of interest or distract us from providing
you with best in class service
We have systems in place that allow us to remain up to date in a fast changing environment on a national
and global basis
We are very enthusiastic and excited by the prospect of becoming involved in this project. We hope that
you will agree with us and look forward to hearing from you with your decision at your earliest
convenience.
DAVID BINKS
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APPENDIX A – CVs
DAVID BINKS
PARTNER | NATIONAL LOGISITCS & INDUSTRIAL AGENCY
ROLE & RESPONSIBILITIES
David Binks is a Partner within the National Logistics & Industrial team and has 25 years experience in
industrial development and agency in the West Midlands. David is Head of Industrial Agency at the Birmingham
office with responsibility for identifying work in the Midlands region.
WORK EXPERIENCE
After starting his career with Connell Wilson (now Lambert Smith Hampton), David went on to work for
King Sturge for 10 years as Head of Industrial and then North Rae Sanders before joining C&W in October
2007. David has 25 years experience of acting for landlords and occupiers of industrial and warehouse /
distribution space in the Midlands.
Opus Blueprint – Instructed by Opus land and the St Francis Group to market and identify occupiers on a
build to suit basis for this 22 acre site adjacent to J9 of the M6 and capable of accommodating 475,000sq ft
of industrial/ warehouse space.
Centrum 415, Burton Upon Trent – Instructed by Goodman Developments to market and identify
occupiers on a build to suit basis for this 25 acre site adjacent to the A38 in Burton Upon Trent and
capable of accommodating 415,000sq ft of industrial/ warehouse space.
Instructed by Henry Boot Developments to advise on the development, marketing and disposal of
Markham Vale, Derbyshire. Extending to 232 acres the site will be one of the largest development sites in
the East Midlands. Capable of accommodating large distribution buildings up to 1 million sq ft together with
other ancillary uses.
Advice to Blackbrook Valley Developments on the marketing and disposal of the 128 acre site at
Primepoint, Stafford. Included the development and disposal of two speculative distribution buildings of
115,000 sq ft let to Iron Mountain and 170,000sq ft
Advice to Staffordshire County Council and Advantage West Midlands on the marketing disposal of 76
acre former colliery at Lymedale Business Park, Stoke on Trent.
Instructed by East Midlands Development Agency to dispose of 90 acres of reclaimed Colliery, which was
subsequently sold to B&Q for an 850,000sq ft distribution facility.
KEY ASSIGNMENTS
Opus Blueprint, Wednesbury
Centrum 415, Burton on Trent
Rugby Gateway Rugby
IPORT Rossington South Yorkshire
Royal Oak Way Site, Daventry
EDUCATION, MEMBERSHIPS AND AWARDS
MRICS
IAS West Midlands Branch
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COLIN LAWRENCE-WATERHOUSE
ASSOCIATE | NATIONAL LOGISITCS & INDUSTRIAL AGENCY
ROLE & RESPONSIBILITIES
Colin Lawrence-Waterhouse is a member of our Industrial Agency Team in Birmingham, having recently
relocated from the Edinburgh office. Colin concentrates primarily on the Midlands and Scottish industrial
markets acting for a variety of developers, landlords and occupiers.
WORK EXPERIENCE
Colin is a graduate of Heriot-Watt University in Edinburgh, where he gained a BSc (Hons) in Estate
Management. He joined C&W's Industrial Agency team in September 2007. Since joining the firm, Colin has
been involved with a number of acquisitions and disposals, along with many rent reviews, valuations and
purchase reports for properties across the UK, for example:
Acting on behalf of Aggreko UK Ltd, Colin is currently retained on the freehold acquisition of a 16 acre
site in Dunbarton, Scotland. Following completion of works, the site will provide a manufacturing facility
extending to approximately 160,000 sq ft, which will focus on the production of containerised generators.
Acting on behalf of SIG Trading Ltd, Colin is currently retained on the acquisition of a number of sites
across the UK totalling approximately 242,500 sq ft. Following the acquisitions, the sites will be used for a
variety of uses including distribution and trade counter premises in locations such as Leicester,
Manchester, Wolverhampton and Luton.
Acting on of behalf of Big Yellow Self Storage, Colin has been involved with the freehold acquisition of a
1.2 acre former car dealership site at 6 Bankhead Avenue, Sighthill, Edinburgh. The site, which was
acquired for redevelopment into a self storage warehouse, comprised an 18,176 sq ft car showroom,
which Colin subsequently let short term to the UK Car Group T/A Carcraft whilst planning was sought.
Acting of behalf of BTC Activewear Ltd, Colin has assisted on the acquisition of a new 105,474 sq ft
distribution facility at Opus 9, Point 1, Wednesbury.
Acting on behalf of Wolseley, Colin has provided advice on the acquisition of approximately 300,000 sq ft
of sites including distribution and trader counter premises. His involvement has been UK wide in locations
including Nottingham, Cardiff and M5 corridor.
KEY ASSIGNMENTS
ProLogis
SIG Trading Ltd
Metro Asset Management
EDUCATION, MEMBERSHIPS AND AWARDS
MRICS
BSc (Hons)
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SCOTT RUTHERFORD
PARTNER | BIRMINGHAM OFFICE AGENCY
ROLE & RESPONSIBILITIES
Scott is responsible for establishing and co-ordinating C&W’s Office Agency and Development team in
Birmingham and the Midlands. He is also responsible for the C&W office in Birmingham.
WORK EXPERIENCE
Scott has 23 years experience of the provincial office leasing and development market. Having gained a BSc
(Hons) in Estate Management from Oxford Polytechnic in 1989, Scott became a member of the Royal
Institution of Chartered Surveyors as well as the Office Agents Society and British Council for Offices.
In 1989, he joined Gooch & Wagstaff as a graduate in London working within the out of town office agency
department and becoming an Associate Partner in 1995 and an equity holding Director of Gooch Webster in
1998.
From 2003 Scott became the Office Leasing Director at Colliers CRE, where his role was to advise clients on
the disposal and acquisition of offices within the London and South East area.
Scott relocated to Birmingham to head office leasing and development in April 2006 and he joined C&W in
June 2007 and was appointed as Head of C&W Birmingham in February 2008.
Scott manages a number of key clients dealing with a cross-section of aspects relating to their property
holdings in Birmingham and the Midlands.
Currently, Scott is responsible for office agency advice relating to the letting of Colmore Plaza on behalf of
the Carlyle Group, which comprises over 310,000 sq ft of prime new offices in Central Birmingham which
completed in early 2008.
He is also advising Goodman in terms of development and agency advice on Eastside Locks, a proposed
mixed-use development of more than 1,000,000 sq ft with the East side area of Central Birmingham.
Marketing advice is also being provided by Scott and his team to Highbridge for a minimum 300,000 sq ft
office park at Ansty Park, Coventry. He was responsible for the largest single office transaction in 2012 in
the Midlands totalling 189,000 sq ft on behalf of Ericsson at Ansty Park and Ashbrook Court in Coventry.
In the East Midlands he is currently advising Virgin Media on the disposal of the 52,000 sq ft Diamond Plaza,
Nottingham and the most recent phase of Sherwood Park at Junction 27 of the M1.
KEY ASSIGNMENTS
Colmore Plaza, Birmingham
Ansty Park, Coventry
Eastside Locks, Birmingham
EDUCATION, MEMBERSHIPS AND AWARDS
MRICS
BSc (Hons)
Office Agents Society
British Council for Offices
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DOUG TWEEDIE
SENIOR SURVEYOR | MIDLANDS RETAIL AGENCY
ROLE & RESPONSIBILITIES
Doug is a member of the Midlands Retail Agency Team based in the Birmingham office.
Doug is a retail specialist with UK wide experience in dealing with agency, investment, professional matters and
providing development advice.
WORK EXPERIENCE
Doug joined from Lambert Smith Hampton as a senior surveyor with over 6 years experience working in the
local and national property market and has worked on behalf of funds, investors and occupiers alike.
Doug’s recent successes include:
Acting on behalf PPG (Mansfield) Ltd, agreement of a new 10 year lease to Martin Wilkinson Ltd t/a
Pandora.
Acting on behalf Wesleyan Assurance, agreement of four new leases in 2013 in Kings Heath to CEX,
Warwickshire & Northants Air Ambulance, Cash Converters and Cafe Blend.
Acting on behalf of Headway RamarLLP, agreement of a new 10 year lease to AG Retail Cards Ltd t/a
Clinton Cards.key assignments.
CURRENT CLIENTS INCLUDE:
M&G Real Estate
Dunelm (Soft Furnishings) Ltd
Premier Property Group
Redevco
Next PLC
Oakam Limited
Legal & General
Wesleyan Assurance
Mapeley Columbus
KFC
Burger King
Deutsche Bank
EE
CURRENT SHOPPING CENTRE LEASING INSTRUCTIONS INCLUDE:
Sutton Coldfield, Gracechurch Centre
Mansfield, Four Seasons Shopping Centre
Northampton, Grosvenor Shopping Centre
Nuneaton, Ropewalk Shopping Centre
Market Harborough, St Mary’s Place
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STEVEN WATT
PARTNER | HEAD OF PAN-EUROPEAN LOGISTICS & INDUSTRIAL
ROLE & RESPONSIBILITIES
Steven has over 25 years real estate experience, 13 years experience of managing cross-border transactions
and 10 years experience of living and working in Continental Europe. Steven delivers Real Estate solutions
across EMEA working with 70 dedicated brokers in 16 markets. Steven is responsible for business development
and account / relationship management of key Pan-European clients to ensure C&W exceed client expectations
at all times
WORK EXPERIENCE
Management of recent Logistics & Industrial transactions, for Occupier/Developer/Investor clients, with a value
in excess of €300 million. Examples include:
Preferred Advisor to Tech Data Corporation on their global warehouse and office portfolio totalling
708,000m² (7.62million Ft²)
Advising Tech Data Corporation on recent/ongoing projects totalling approx 250,000m2 across Europe.
These include major distribution facility re-locations / lease re-negotiations in: Spain, Italy, Poland, UK,
Czech Rep and Benelux
Advising a Global FMCG group on the centralisation of their Real Estate Function and managing
transactions totalling 176,000m² in Switzerland, France and Baltic states
Advising TNT Express on the acquisition of 2 strategic distribution hubs close to Paris. These projects are
now being used by TNT Globally as a ‘best practice’ case study
KEY CLIENTS
Tech Data Corporation
Philip Morris International
Flextronics
TNT Express
CTP Invest
SEGRO
P3
Goodman
EDUCATION, MEMBERSHIPS AND AWARDS
BA (Hons) in International Business and Marketing
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NIGEL COLEMAN
ASSOCIATE | ACCOUNT MANAGEMENT, LONDON
ROLE & RESPONSIBILITIES
Nigel is an Associate within C&W’s CIS Account Management team. He joined C&W in 2011 having been at
DTZ for 5 years most recently within their Global Corporate Services Team. He has been working in the real
estate industry for over 8 years a
WORK EXPERIENCE
Nigel has worked with a number of multinationals during his career including Danfoss, TNT, Maersk, BT,
Ericsson, UTi, WSP, TMF Group and Unipart Group of Companies.
Nigel’s expertise lies in providing Account Management services to multinational corporate occupiers with a
mixed portfolio of properties. He is an experienced real estate professional with a proven track record in
corporate account management and a background in industrial and office landlord and tenant negotiations.
Nigel’s recent successes include:
Unilever Leading Global FMCG – Holding a “Special Opps” role whereby Nigel is tasked with
proactively identifying opportunities within the global portfolio that can release value for Unilever.
Working with the C&W teams, Unilever Real Estate and Business Units to bring these opportunities
to life.
TNT – Global Logistics Company – Managed and delivered the renegotiation of 20 leases in Brazil,
generating savings for TNT in the order of £2.5m over 3 yrs. Most recently Nigel has managed the
acquisition of 2 key distribution facilities fir TNT in Paris, the result derived by his team generated year
1savings in the order of €750,000.
Danfoss – Global Manufacturing Company – As C&Ws account manager for Danfoss Nigel is
responsible for the delivery of all C&W services across the globe. Recent completions include the sale of
freehold manufacturing facilities in France & Norway and lease renegotiations in Belgium, Estonia, The
Netherlands and Chile.
Maersk – Global Shipping and Logistics Company – Account Manager coordinating instructions
globally covering across, acquisitions, disposals, lease restructuring & valuation.
KEY CLIENTS
Danfoss
TNT
Ericsson
Unilever
Maersk
TMF Group
EDUCATION, MEMBERSHIPS AND AWARDS
MRICS
MA in Property Valuation and Law, 2005
“Nigel provided a highly professional and client focused service. He is committed to
service delivery, willing to help with any request, no matter how urgent the deadline or
difficult the challenge. Nigel’s personable nature compliments his sound knowledge of
property portfolio management issues and very quickly integrated into the client team”
Shirley Watson,
Head of Real Estate, WSP GROUP
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ANNA POTENZA
PARTNER | ACCOUNT MANAGEMENT
ROLE & RESPONSIBILITIES
Anna has been in charge of several Global and Regional Accounts over the past 6.5 years managing and
supporting Unilever, British Airways, Glaxo Smith Kline, General Electric, Discovery and Cantor Fitzgerald.
She is responsible for delivering corporate real estate solutions across Europe, Middle East, and Africa regions.
Leading acquisitions, disposals and management of a wide range of real estate products; industrial,
commercial, retail properties and facilities.
Implementation of systems and procedures for client’s reporting on global portfolios.
Primary point of contact between Client, C&W Partners and C&W regional managers.
Focusing on optimisation of property portfolio to achieve year-on-year improvement in total cost of
ownership.
Extensive knowledge of niche markets in emerging and challenging markets in EMEA region.
WORK EXPERIENCE
Anna joined Cushman & Wakefield in August 2007 from Delta Air Lines where she was Head of International
Corporate Real Estate with responsibilities for EMEA, LATAM and APAC. She has 16 years of experience in
strategic real estate for corporate occupiers developing and implementing projects, systems and solutions
around the world.
KEY ASSIGNMENTS
Unilever – EMEA account
General Electric – EMEA account
GSK – global account
Discovery – EMEA account
Cantor Fitzgerald – global account
British Airways – global account
Teradata – global account
EDUCATION, MEMBERSHIPS AND AWARDS
BA (Hons)
NEBOSH
TOEFL & CAM post grads
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PETER VICTOR
SENIOR MANAGING DIRECTOR | HEAD OF INTERNATIONAL DESK, EMEA
ROLE & RESPONSIBILITIES
Primary point of contact for international occupier and landlord business within EMEA. Liaises with brokers to
support multi-market tenant rep requirements and drive business development efforts with EMEA landlords,
with particular focus on leveraging our international platform.
Also managing multiple key client relationships including UBS Asset Management, Starwood Capital and
GE Capital, among others.
KEY ASSIGNMENTS
UBS Global Asset Management
Starwood Capital
GE Capital
Infor Global Solutions
Getty Images
Omnicom
Salesforce.com
Unicredit
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JULIETTE MORGAN
PARTNER| MEDIA AND TECHNOLOGY TEAM – LONDON MARKETS
ROLE & RESPONSIBILITIES
Juliette Morgan, joined Cushman & Wakefield to further grow it’s the company’s East London business. Juliette
works within a team of dedicated media and tech specialists at Cushman & Wakefield who have built a market
leading position in London’s fastest growing sector.
WORK EXPERIENCE
As Head of Property at Tech City UK, Juliette was responsible for advising the UK Government on its
property strategy and policy initiatives to accelerate growth in tech start-ups in East London. An expert in
assembling creative teams to deliver product that is attractive to tech and R&D occupiers, Juliette has advised a
growing number of private sector companies. Juliette is also continuing her current role with Tech City UK on
a part-time secondment from Cushman & Wakefield.
KEY CLIENTS
Tech City UK
Delancey
London Borough of Hackney
Derwent London
Microsoft
Resolution Property
RECENT KEY ASSIGNMENTS
Here East, a 1 million sq ft state of the art digital campus encompassing TV/film production, incubator,
exhibition and retail spaces at the former Olympic media and broadcasting buildings
Derwent London’s White Collar Factory
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APPENDIX B – TERMS AND CONDITIONS
1. PRELIMINARY
1.1 These terms and conditions (the "Terms of Business") shall apply to all agency services provided
by Cushman
& Wakefield LLP, a limited liability partnership under the Limited Liability Partnerships Act 2000 with
registered number OC328588 and having its registered office at 43-45 Portman Square, London,
W1A 3BG (“C&W”, “we” or “us”) to the client to whom a fee confirmation letter (the “Fee
Letter”) is sent (“you”).
1.2 The Terms of Business are to be read in conjunction with the relevant Fee Letter. In the event of
any ambiguity or conflict between the Fee Letter and these Terms of Business, the provisions in the
relevant Fee Letter shall prevail. These Terms of Business and any Fee Letter may only be varied in
writing by agreement between the parties. It is our practice to review and upgrade our Terms of
Business frequently and new versions will be sent to you and agreed with you.
2. DEFINITIONS AND INTERPRETATION
2.1 We are required by the Estate Agents Act 1979 and subsequent regulations to define our agency
involvement with your property which will also be specified in the relevant Fee Letter. If not so
specified, you appoint us as your “Sole Agent”. The following definitions and terms apply to the
relevant type of appointment:
(i) If we have “Sole Selling Rights”, you will be liable to pay our fees, in addition to any
other costs or charges agreed, in each of the following circumstances: (a) if contracts for
the sale of the property or the assignment of the lease are exchanged in the period during
which we have sole selling rights, even if the purchaser or lessee was not found by us but
by another agent or any other person, including you; (b) if unconditional contracts for the
sale of the property or the assignment of the lease are exchanged after the expiry of such
period with a purchaser or lessee who was introduced to you during that period or
with whom we had negotiations about the property or the lease during that period.
(ii) If we are appointed as your “Sole Agent”, you will be liable to pay our fees, in addition
to any other costs or charges agreed, if at any time unconditional contracts for the sale of
the property or the assignment of the lease are exchanged: (a) with a purchaser or
lessee introduced by us during the period of our sole agency or with whom we held
negotiations about the property or lease during that period; or (b) with a purchaser or
lessee introduced by another agent during that period.
(iii) Where we act on your behalf as sole agent where you are a potential “Purchaser or
Lessee” of any interest in property, then unless agreed otherwise in the relevant Fee
Letter, you will be liable to pay our fees, in addition to any other costs or charges agreed
in each of the following circumstances: (a) if unconditional contracts for the acquisition
of a lease or any other interest in the property are exchanged in the period during
which we are appointed as agent, even if the property was not found by us, but by
another agent or by any other person, including you; or (b) if unconditional contracts
in respect of the acquisition of a lease or any other interest in the property are exchanged
after the expiry of such period, but the property was either introduced to you or
negotiations occurred during the period of our appointment.
(iv) Where we act as “Joint Agent”, references to "Sole Agent" and "Sole Selling Rights"
in this clause 2.1 will be deemed to be made to "Joint Agent" and "Joint Selling Rights".
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2.2 Where agency services are provided in relation to leases, references to "property" and
"sale of the property" in this clause 2.1 and any other clause of these Terms of Business shall be
deemed to be made to "lease" and "sale / assignment / surrender of the lease" respectively.
Where shares in a company owning the property are sold pursuant to any relevant Fee Letter,
references to “property” and “sale of the property” shall be deemed to be made to the sale of all or
a substantial part of such shares.
2.3 Where conditional contracts are exchanged we agree that such contract will be deemed to be
unconditional on the day on which the relevant condition(s) is or are satisfied or waived or, if
earlier, on the date of completion of the transaction.
2.4 Where the relevant transaction is completed without the prior exchange of contracts, we agree
that completion day will be deemed to be the date of exchange of unconditional contracts.
3. BASIS OF FEES
3.1 The basis of our fees for agency services is set out in the relevant Fee Letter.
3.2 Subject to the provisions in the Fee Letter and these Terms of Business, you shall pay our fees
upon completion of contracts. We may agree with you that our fees (or a proportion
thereof) be paid upon exchange of contracts. In such circumstance you shall not be entitled to
ask for a refund of all or any part of the fees in the event that, for any reason whatsoever, the
contract shall not be completed. Payment is due within 15 days of our invoice date.
3.3 If you do not dispute with us an invoice or any part thereof within 15 days of the date of such
invoice, you shall be deemed to have accepted the invoice in its entirety.
3.4 If we are required by you to undertake any additional work in relation to an instruction, you shall
pay additional fees based upon our usual rates. We shall notify you of the amount of such additional
fees.
3.5 You shall pay all applicable VAT in addition to any fees and disbursements at the applicable rate.
3.6 Where, in relation to agency services for leases, our fees are calculated as a percentage of one
year's annual rent, such rent will be calculated as the average annual rent agreed, without taking
into account any rent free or concessionary rental periods.
3.7 Where an existing lease is to be assigned or acquired, in addition to the fee calculated on the basis of
the passing rent (i.e. the current rent payable), you shall be obliged to pay a fee, calculated at
the rate specified in the relevant Fee Letter, on any positive or negative premium given or
received.
3.8 Where you exchange contracts for the sale or grant/assignment of a lease over a property
which is to be constructed, completed or refurbished prior to completion of the sale or letting or
enter into a development agreement relating to the forward purchase or funding of a property, you
shall pay one half of the fees on exchange of contracts or upon entering into the development
agreement and the balance on completion of the sale or lease or upon occupation of the property,
whichever is earlier. In the event that the purchaser or tenant refuses to complete the contract as a
consequence of the works not having been properly and/or timely completed, you shall be obliged
to pay the fees in full, as if the contract had been completed in accordance with its terms, at the
time when the contract is terminated. In the case of development agreements, you shall be
obliged to pay the fees in full notwithstanding that retentions may be held beyond the completion
date in line with retentions made under the building contracts or otherwise.
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3.9 Where a capital receipt is to be obtained by you from a property, you agree that your solicitor
shall deduct the fees and costs plus VAT payable hereunder from the sale proceeds and remit the
same directly to us on completion, upon our request.
3.10 Where we are instructed to provide agency services to one of your subsidiaries or
associate/related entities or should you subsequently request that another entity be substituted for
you at a later stage in a transaction and we are unable to seek or obtain payment of any
outstanding monies for whatever reason, you shall remain primarily liable to pay those outstanding
monies if the subsidiary, associate/related or other entity does not meet its liabilities in relation to
the instruction.
3.11 Where a transaction or project does not fully complete due to you withdrawing for whatever
reason, you shall pay us an abort fee (on a quantum meruit basis) forthwith upon the cessation of
our services unless specifically agreed otherwise.
4. INTEREST
You shall pay interest on the amount of any invoice for fees, marketing costs or other
disbursements that remains unpaid for 15 days after the date of the invoice. Interest shall be
payable at the rate of 4% over the base rate of Barclays Bank PLC from the date of the invoice
until payment is made whether after or before judgement.
5. DISBURSEMENTS
You shall pay all disbursements incurred by us in the provision of our services at least quarterly in
arrears from the date they were incurred. Disbursements include, but are not limited to: maps,
plans, research, photography, copying of documents or plans, messenger delivery, costs of obtaining
external information on companies, properties, demographic or other similar information, any
reproduction, copying or other royalties incurred, additional bound copy reports, costs of external
information/references obtained and key cutting, travel and subsistence expenses at their actual cost
and car mileage at the standard AA scales.
6. MARKETING COSTS
6.1 We will inform you of any proposed marketing costs that we will incur on your behalf. We will
provide cost estimates for any initial marketing campaign at the time of taking instructions
and of further proposals if additional marketing is required.
6.2 Cost estimates will be either best estimates or based on actual quotations from our suppliers.
Final costs may differ from estimates provided. Advertising and printing rates provided will be
from the publishers' rate cards current at the date of our marketing proposals. You shall be
liable to pay any additional sum charged by the suppliers for the correction of mistakes in artwork
or other advertising material which are not caused by them. The individual printer or supplier's
terms and conditions will apply to all of your work placed with it. All costs are gross and we
will retain the usual trade discounts offered by newspapers, periodicals or other media
suppliers.
6.3 We may require advance payment of any marketing or other anticipated costs in whole or in part to
be incurred on your behalf. Alternatively you may choose to instruct the suppliers directly.
Where the sum advanced by you for marketing costs exceeds the actual marketing costs incurred,
such excess shall be repaid to you, without interest, once all our invoices and accounts have been
finalised and settled. Where the marketing costs exceed the sum advanced by you, you shall pay the
amount of any difference to us immediately on request.
6.4 You shall reimburse all marketing costs incurred on your behalf as and when the costs are incurred,
irrespective of completion of the transaction to which our services relate.
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7. INFORMATION ON THE PROPERTY
7.1 You will provide us with all material information relating to the property, any buildings, building
services and/or property services. Where you provide any such information to enable us to
provide our services properly, you acknowledge that we will rely on the accuracy, completeness and
consistency of any information supplied by you or on your behalf and, unless otherwise specifically
instructed in writing, we will not carry out any investigation to verify such information. We accept
no liability for any inaccuracy or omission contained in information disclosed by you or on your
behalf, whether prepared directly by you or by a third party, and whether or not supplied directly to
us by that third party and you shall indemnify us should any liability arise.
7.2 You shall be responsible for checking that the property particulars and description that we prepare
in relation to the property are accurate and not in any way misleading. You shall notify us
immediately should any such particulars or description be or become in any way inaccurate.
7.3 Unless otherwise advised by you in writing, we will provide our services on the following
assumptions:
(i) information provided as to the extent of and ownership of the property is complete and
correct and that there are no encumbrances or unduly onerous or unusual easements,
restrictions, outgoings or conditions attaching to the property save as specifically notified to
us;
(ii) there are no environmental matters (including but not limited to actual or potential land,
air or water contamination, or by asbestos or any other harmful or hazardous substance)
that would affect the property, any development or any existing buildings on the property
in respect of which the services are provided or any adjoining property, and that we shall
not be responsible for any investigations into the existence of the same and that you are
responsible for making such investigations;
(iii) the property and any existing buildings are free from any defect whatsoever;
(iv) all the building services (such as lifts, electrical, gas, plumbing, heating, drainage and air
conditioning installations and security systems) and property services (such as incoming
mains, waste, drains, utility supplies, etc) are in good working order without any defect
whatsoever;
(v) any building, the building services and the property services comply with all
applicable current regulations (including fire and health and safety regulations);
(vi) the property and any existing building comply with all planning and building regulation,
have the benefit of appropriate planning consent or other statutory authorisation for the
current use and no adverse planning conditions or restrictions apply (which includes but is
not limited to, threat of or actual compulsory purchase order);
(vii) appropriate insurance cover is, and will continue to be, available on commercially
acceptable terms for any building incorporating types of construction or materials which
may pose an increased fire or health and safety risk, or where there may be an increased
risk of terrorism, flooding or a rising water table; and
(viii) items of plant and machinery that usually comprise part of the property on an assumed sale
are included in the property but items of plant and machinery that are associated with the
process being carried on in the property or tenants trade fixtures and fittings are excluded
from the property.
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8. MEASUREMENTS
8.1 Where we are required to measure a property we will generally do so in accordance with the
RICS Code of Measuring Practice. However, you should specifically note that the floor areas
contained in any report we may publish are approximate and if measured by us will be within a
3% tolerance either way. In cases where the configuration of the floor plate is unusually irregular
or is obstructed, this tolerance may be exceeded.
8.2 We will not be able to measure areas which we are unable to access. In these cases we may
estimate floor area from plans or by extrapolation. Where we are required to measure land or site
areas, the areas will be approximate and will be measured from plans supplied or from
Ordnance Survey plans. They will not be physically checked on site.
9. MANAGEMENT OF THE PROPERTY
We shall not be responsible for the management of the property nor have any other
responsibility (such as maintenance or repair) in relation to the property. We shall not be liable
for any damage that may occur while the property is unoccupied. The property shall be your sole
responsibility.
10. CONFLICTS OF INTEREST AND ANTI-CORRUPTION
10.1 We have conflict management procedures designed to prevent us acting for one client where
there is or could be a conflict with the interest of another client for whom we are acting. If you are
aware or become aware of a possible conflict of this type, please raise it immediately with us. If a
conflict of this nature arises, then we will decide, taking account of legal constraints, relevant
regulatory rules and your and the other client’s interests and wishes, whether we can continue
to act for both parties (e.g. through the use of separate teams with appropriate Chinese
Walls), for one only or for neither. Where we do not believe that any potential or actual conflict of
interest can be managed appropriately, we will inform you and consult with you as soon as
reasonably practicable as to the steps to take.
10.2 You acknowledge that we may earn commissions, referral fees and may charge handling fees
connected to the services that we perform and agree that we shall be entitled to retain them
without specific disclosure to you. We will not accept any commissions or referral fees in
circumstances where we are of the reasonable belief that they would compromise the independence
of any advice that we provide to you.
10.3 It is not our policy to provide any services for financial gain either directly or through connected
persons, to a prospective purchaser or tenant in respect of a property for which we are instructed
as estate agents by the seller/owner, until unconditional contracts have been exchanged. We will
notify you if we are instructed by a prospective purchaser or tenant to provide such services.
10.4 We confirm that we will not, and will procure that our employees will not, knowingly engage in
any activity which would constitute a breach of the Bribery Act 2010 and that we have in place a
compliance programme designed to ensure compliance with the terms of the Bribery Act 2010.
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11. LIMITS OF OUR ADVICE FOR ACQUISITIONS
11.1 Where you are a prospective purchaser / tenant, you shall be responsible for ensuring that the
property is suitable for your needs and fit for purpose and for carrying out such investigations and
surveys as are necessary or convenient for this purpose and we will have no responsibility for this.
11.2 We will not carry out on behalf of a prospective purchaser/tenant any investigation as to the
legal title to the property and, unless specifically instructed in writing, any investigation as to the
environmental status of the property, the structural condition of any building, the condition of the
building services and property services or compliance of the property with current regulations
(including fire, health and safety, planning and building regulations) nor shall we investigate ground
conditions, potential flood risks, or test that any services within or supplied to the property are in
working order and are adequate for your purposes.
12. APPOINTMENT OF THIRD PARTIES
12.1 We may need to appoint third party agents on your behalf if we think it desirable and we shall
agree this with you in advance. References in the relevant Fee Letter and these Terms of
Business to results being achieved through our agency services will include the situation where the
results have been achieved in whole or in part through any such third party agents. On payment of
our fees, we shall be liable for any commission payable to any such third party agents.
12.2 We shall procure an Energy Performance Certificate (“EPC”) on your behalf via a third party prior
to the production of any marketing material unless you inform us in writing that you have instructed
another party to provide the EPC. We shall not be responsible for any fines that result as a
consequence of you failing to obtain an EPC where you have informed us that you have instructed a
third party to obtain the EPC. In circumstances where we specifically agree to procure an EPC
from a third party, we do so as agent on your behalf and are not responsible for the content or any
delay in producing the EPC. You agree that you will be responsible for any third party costs
associated with producing any EPC.
13. TERMINATION BY NOTICE
13.1 Unless a fixed period has been agreed, either party may terminate our appointment as estate agents
by giving 14 days’ notice in writing to the other party.
13.2 In the event of termination by notice, you shall be obliged to pay immediately all the fees accrued
in relation to our services performed up to the date of termination (and any abort fee) and
subsequently any further fees which would have been payable pursuant to clause 2 or if a
transaction exchanges or completes between you and a third party (or related entity) introduced
by us plus any expenses, disbursements or marketing costs incurred by us or to which we are
committed at the date of termination.
14. REFERENCES
Where practicable, we will, if requested by you, obtain and supply to you appropriate
references of a prospective tenant or assignee for a lease of a property. We shall not be
responsible for the interpretation and verification of any references or accounts obtained. You and
your advisors shall be responsible for assessing the financial strength of the proposed tenant or
assignee.
15. PERSONAL INTERESTS
Under the Estate Agents Act 1979, we have a duty to disclose to a prospective purchaser or tenant
any personal interest we have in a property to be sold or let. You shall notify us promptly on
becoming aware that any of our members or staff might have any such an interest.
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16. PROFESSIONAL LIABILITY
16.1 We shall not be liable to you in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in connection with the
performance or contemplated performance of the services in respect of:
(i) any direct loss of profit;
(ii) any indirect, special or consequential loss whatsoever howsoever caused including without
limitation (a) indirect loss of profit; (b) loss of business; (c) loss of goodwill; (d) loss of use
of money; (e) loss of opportunity, and we agree that the sub-clauses of this clause shall be
severable.
16.2 We shall not be liable to you in negligence for pure economic loss arising in connection with the
performance or contemplated performance of the services.
16.3 Nothing in these Terms of Business excludes or limits our liability: (i) for death or personal injury
caused by our negligence; (ii) for any matter which it would be illegal for us to exclude or attempt
to exclude our liability; or (iii) for fraud or fraudulent misrepresentation.
16.4 Where a third party has contributed to the losses, damages, costs, claims or expenses, we shall not
be liable to make any contribution in respect of the liability of such third party.
16.5 Save in respect of third parties directly instructed by us and not on your behalf, we shall not be
liable for the services or products provided by other third parties, nor shall we be required to
inspect or supervise such third parties, irrespective of the third party services or products being
incidental to or necessary for the provision of our services to you.
16.6 Our total aggregate liability (including that of our members and employees) to you in contract,
tort (including negligence or breach of statutory duty), misrepresentation, restitution or
otherwise, arising in connection with the performance or contemplated performance of the
services shall be limited to an aggregate sum not exceeding twenty times the fee paid for each
instruction accepted.
16.7 We shall be released from our obligations to the extent that performance thereof is delayed,
hindered or prevented by any circumstances beyond our reasonable control (examples being a
strike, act of God or act of terrorism). On becoming aware of any circumstance which gives
rise, or which is likely to give rise, to any failure or delay in the performance of our obligations,
we will notify you as soon as practicable.
16.8 To cover any liability that might be incurred by us, we confirm that we will maintain
professional indemnity insurance through the Lloyds and company insurance market, so long as such
insurance is available at commercially acceptable rates and terms, with insurers of good standing and
repute of not less than £10 million on an each and every claim basis.
17. COMPLAINTS
If you wish to complain about the level of our service to you, in accordance with the requirements
of the Royal Institution of Chartered Surveyors, we have a standard complaints procedure, a copy
of which is available on request.
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18. DATA PROTECTION
18.1 We and any of our relevant international partnerships, group companies and affiliated organisations
are data controllers of all personal data collected during the provision of our services. We shall use
such personal data and information we obtain from other sources for providing the agency
services, for administration and customer services, for marketing and to analyse your preferences.
We may keep such personal data for a reasonable period for these purposes. We may need to
share personal data with our service providers and agents for these purposes. We may
disclose personal data in order to comply with a legal or regulatory obligation and you may
request, in writing and upon payment of a fee, a copy of the details held about you by us.
18.2 To help us to make credit decisions about you, to prevent fraud, to check identity and to
prevent money laundering, we may search the files of credit reference agencies and we may also
disclose details of how you conduct your account to such agencies.
18.3 We may share personal data within our international partnerships, group companies and affiliated
organisations and with our business partners for marketing purposes, which may be to countries or
jurisdictions which do not provide the same level of data protection as the country in which you are
based, or we may send you and your employees information about other organisations' goods and
services. We or any business partners may contact you and your employees, directly or via our
agents, by mail, telephone, fax, email, SMS or other electronic messaging service with offers of goods
and services or information that may be of interest. By providing us with your or your employees'
personal data (whether that data is deemed sensitive or not) including fax numbers, telephone
numbers or email addresses, you and your employees consent to being contacted by these
methods for these purposes.
19. MONEY LAUNDERING REGULATIONS
In order to comply with all applicable money laundering legislation and regulation, we may be
required to verify certain of your details and may ask you to assist us in complying with such
requirements. Where such information is requested, you will provide such information promptly to
enable us to provide our services. We shall not be liable to you or any other parties for any delay
in the performance or any failure to perform our services which may be caused by our duty to
comply with any such legal and regulatory requirements.
20. FREEDOM OF INFORMATION
Where you are a public authority for the purposes of the Freedom of Information Act 2000 (the
"Act") as may be amended from time to time, you shall notify us within five business days of
receiving a request pursuant to the Act requesting information which relates to the business
arrangements between us and you and/or any information we have provided to you at any time. In
recognition of the fact that we may be providing you with genuinely confidential or commercially
sensitive information, you agree to consult us and seek our views on all such requests giving us
reasonable notice to respond prior to making a decision on whether any information should be
publicly disclosed.
21. ELECTRONIC COMMUNICATIONS
We may communicate with each other by electronic mail, sometimes attaching electronic data. By
consenting to this method of communication, we and you accept the inherent risks (including the
security risks of interception of, or unauthorised access to such communications, the risks of
corruption of such communications and the risks of viruses or other harmful devices). In the
event of a dispute, neither of us will challenge the legal evidential standing of an electronic
document and our system shall be deemed to be the definitive record of electronic
communications and documentation.
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22. CONFIDENTIALITY
22.1 We owe you a duty of confidentiality. You agree that we may, when required by our insurers or
other advisers, provide details to them of any engagement on which we act or have acted for you,
and that we may also disclose confidential information relating to your affairs if required to do so for
legal, regulatory or insurance purposes only.
22.2 Subject to clause 22.1, we both agree never to disclose sensitive details of transactions or our advice
without the other’s consent. Unless we are expressly bound by a duty of confidentiality which
otherwise overrides this, we both shall be entitled to mention to third parties (e.g. in the course of
presentations, speeches or pitches) and/or publish (e.g. in brochures, marketing or other written
material) that we provide our services to you.
22.3 We shall provide the services to you only for your sole use and for the stated purpose. We shall
not be liable to any third party in respect of our advice. You shall not mention or refer to our
advice, in whole or in part, to any third party orally or in annual accounts or other document,
circular or statement without our prior written approval. The giving of an approval shall be at our
sole discretion.
22.4 We will not approve any mention of our advice unless it contains sufficient reference to all
the special assumptions (if any) to which our advice is subject. Our approval is required whether
or not we are referred to by name and whether or not our advice is combined with others.
22.5 We may make the approval of any mention of our advice, or re-address to third parties our
advice, subject to the payment of an additional fee to cover additional work and professional liability.
23. INTELLECTUAL PROPERTY
All intellectual property rights (including copyrights) in the documents, materials, records, data and
information in any form developed or provided to you by us or otherwise generated in the
provision of our services shall belong to us solely. You are granted an irrevocable, non-exclusive,
royalty-free licence to use or copy such intellectual property rights for any purpose connected
with the property.
24. INSURANCE ACTIVITIES
We are the appointed representative of Cushman & Wakefield Corporate Finance Limited (or other
such subsidiary as is relevant from time to time) which is authorised and regulated by the Financial
Services Authority under the Financial Services and Markets Act 2000 to make arrangements for
general insurance cover on behalf of clients. We are not authorised to advise on or sell insurance
policies. Where any insurance arrangements are to be made on your behalf, they will be undertaken
by us under our appointed representative agreement with Cushman & Wakefield Corporate Finance
Limited who will retain the responsibility to ensure that such arrangements meet the requirements
set by the Financial Services Authority.
25. ASSIGNMENT
Neither party shall be entitled to assign this contract or any rights and obligations arising from it
without the prior written consent of the other, such consent not to be unreasonably withheld.
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26. GENERAL
26.1 If any provision of these Terms of Business is found by any court, tribunal or administrative body
of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or
unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability,
unenforceability or unreasonableness be deemed severable and the remaining provisions of these
Terms of Business and the remainder of such provision shall continue in full force and effect.
26.2 Failure or delay by us in enforcing or partially enforcing any provision of these Terms of Business
shall not be construed as a waiver of any of our rights under these Terms of Business.
26.3 No term of the relevant Fee Letter or these Terms of Business is intended to confer a benefit
on or to be enforceable by any person who is not a party to them. The application of the
Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
26.4 All Fee Letters and these Terms of Business shall be governed by and be construed in accordance
with English law. Any dispute arising out or in connection with the services shall be submitted to
the exclusive jurisdiction of the courts of England and Wales.
26.5 References to “partners” of Cushman & Wakefield LLP are used to refer to a member of
Cushman & Wakefield LLP or an employee or consultant with equivalent standing and
qualifications. A list of the members of Cushman & Wakefield LLP and of the non-members who
are designated as “partners” is open to inspection at our registered office, 43-45 Portman Square,
London, W1A 3BG.
www.cushmanwakefield.com