22 July 2012
Summary of the Role’s Main Purpose
Providing property legal support advice to the Property and Convenience Departments and the business generally:
Ensuring the above teams have continued access to quality legal advice in relation to issues arising out of acquisitions, property development, estate management and pre-litigation issues;
Providing support to the Team by assisting with key decision making processes arising from the above issues;
Actively monitoring and reporting on the progress of external legal spend, property companies, securities and options/overages.
Prepare non-disclosure agreements, protecting SSL’s interests whilst recognising the importance of entering into the agreement as soon as practicably possible.
Liaising with the relevant surveyor and the Company Secretarial team in executing urgent documents, assimilating the salient information on the transaction quickly to be able to explain it to the authorised signatories.
Attending SPI meetings in the absence of the Property Lawyers, updating the team on the progress of any legal input as well as being able to provide low level legal advice.
Litigation support as required
Provide advice in relation to queries and issues affecting the existing property Estate and championing the implementation of changes in law and our practices to deliver efficiencies and consistency to our property contracts for the estate.
Drafting simple licences with the close supervision by the Property Lawyers
Supporting the Concessions teams in the completion of licences, based on an overall framework agreement.
Providing instructions to external lawyers as required.
Produce practical research notes for key stakeholders and training as required.
SAINSBURY’S PROPERTY INVESTMENT
Provide advice and ensure compliance existing structured transactions binding our property estate such as Projects Vaughan, Redwing/Clipper and Castle which affects over 200 properties.
Providing support and advice to the SPI team when looking to substitute part/whole of a property within the above portfolios
Being the primary contact for external Agents and Surveyors when they have a query as to the ability to undertake various transactions or works on a property within one of the above structures (e.g. what steps are required before undertaking major alterations at a particular store)
Being primary contact with the Security Trustee of theVaughantransaction to arrange various consents required and Credit Committee approval to Sainsbury’s transactions
Support the Property Lawyers in providing advice to the Convenience team in the acquisition of new stores. This also involves dealing with our agents, lawyers and building consultants, reviewing due diligence material.
Attending Convenience meetings with or in the absence of the Property Lawyer and report back into the Team with action points.
Providing advice and support on key estate management, neighbour and pre-litigation issues
Monitoring precedents and negotiating standard treatments to key issues such as insurance, small developers, construction warranties etc
Assisting in the management of the construction contracts workflow arising out of new build and extension construction work covering Conv and main estate individual projects and roll-outs
Assisting in the documentation of service levels of key contractors and consultants
Working with Store Development Group Procurement teams as we review our procurement and documentation processes
TRACKERS – NOMINEES, OVERAGES AND REGISTERED CHARGES
Actively manage the register of property companies created in relation to property acquisitions, liaising with Property, Group Finance and external lawyers to ensure compliance.
Manage our business requirements and use of property companies to ensure that we create and wind up the companies as efficiently as possible.
Record and track the financial overages and options which Sainsbury’s have contracted to pay or receive and reporting annually to the Property Finance and external auditors
Actively manage securities registered against Sainsbury’s and its associated companies and managing their release on terms acceptable to Sainsbury’s. Liaising with Group Treasury to ensure the current list is available at all times.
Monitoring external legal spend via the Extranet, advocating the ‘Pledge’
Ensuring that Main Estate external instructions are equally distributed amongst the panel firms – liaising with the three Heads of Property Development.
SURETY BONDS WORKFLOW
Acting as the co-ordinator between SSL Surveyor, Surety Bond issuers (Bank), Beneficiary Local Planning and Highways Authorities and the Bank of New York in ensuring that all parties are satisfied with the terms of the bond. Agreeing final terms of the Bond with Property lawyer supervision and arranging for its execution. Managing the procurement of SSL internal sign-off to the grant of the bond facility
Securing the release of historic Surety bonds issued by the Banks.
Working with the Treasury team to maintain the relationships with the Banks, identifying efficient ways of working with the objective to save time and costs.
Recognising that Store queries take precedents and therefore being able to organise and being flexible as to workload
Addressing queries as to land ownership, neighbour issues and correspondence received
What will the jobholder deliver in the next 12-18 months and how will this be measured?
Leading the delivery of the above property legal support to the delivery of the Property and Convenience teams pipeline of new store space.
Review and reduction as appropriate of the property companies utilised by the business for site acquisitions.
Delivery of the individual transactions the jobholder is allocated to advise on and against our corporate values, particularly “We are delivering great service, driving sales”.
Conduct of comprehensive 6 month audit of all existing property companies
Timely, accurate and pragmatic advice given to stakeholders
Cost effective use of external resources
All records and spreadsheets accurately maintained
Core Areas of Knowledge, Skills & Experience
Law Degree qualified or Ilex trained paralegal with minimum 12 months relevant experience in-house or gained from the Real Estate Department of a law firm with substantial property practice
Strong interpersonal, negotiation, written and oral communication skills and a commonsense approach to issues management.
Experience of developing and maintaining a framework of legal compliance and good risk awareness and prevention controls
The ability to keep a focus on day-to-day performance whilst simultaneously pursuing longer-term objectives
Head of Property and Licensing
Convenience Regional Acquisition Managers
Store Development construction team
Sainsbury’s Property Investment Team
Estate Management Team
Other key contacts including, Tax, Treasury and Retail management
Project teams as relevant
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