CS v3 - Appendix 4 - Tenant Lease or Sales Agreement

33 replies [Last post]
Jan 19 2010 LEEDuser Member
10175 Thumbs Up
Post a Comment

Appendix 4 seems to be new to the C&S methodology and I am having trouble interpreting it. My understanding is that all “Case C” prerequisites will always need to be enforced via a tenant lease agreement if the C&S owner does not have control over the tenant areas for the prerequisites content, since Case C says "Submittal documentation for Case C credits must include data from the entire project building."

Is this correct?

To give an example: IEQ Prerequisite 2 - Environmental Tobacco Smoke (ETSEnvironmental tobacco smoke (ETS), or secondhand smoke, consists of airborne particles emitted from the burning end of cigarettes, pipes, and cigars, and is exhaled by smokers. These particles contain about 4,000 compounds, up to 50 of which are known to cause cancer.) Control. We are working on a retail center in the Middle-East, which will have restaurants and cafes. Smoking is typically allowed in restaurants and cafes in the country. The Owner will be enforcing a smoke-free policy in the core & shell building.

The question is: Do we also need to enforce IEQ Prerequisite 2 in all tenant areas, including the restaurants? Or can we ignore the tenant areas since this is a C&S project? Appendix 4 is not very clear, it seems to say that it is
optional to have lease agreements. However, IEQ Prerequisite 2 falls under Case C credits which must include data from the entire project building…

Can we obtain the C&S v3 certification knowing that most restaurants/cafes will allow smoking, or do we need to enforce ETS Control requirements of dedicated smoking areas via legally binding agreements?

Thanks,
Maya

33 Comments

0
0
Becky Stumm LHB, Inc.
Oct 27 2016
Guest
18 Thumbs Up

CS v2009 Appendix 4 - Lease and Sales agreement

Project Location: United States

I have a project that the owner/landlord are seeking LEED-CS certification, but none of the tenants have any interest in seeking LEED-CI certification. This project is a cold-dark shell, so as part of the CS certification we are mandating the tenants meet the technical requirements for a number of credits through Lease/Sales agreements. Once the project receives certification, are the tenants held to the technical requirements listed in the lease/sales agreements for future renovations/remodels? Would it be acceptable to include wording in the Lease/sales agreements referring to the initial build out of the tenant spaceTenant space is the area within the LEED project boundary. For more information on what can and must be in the LEED project boundary see the Minimum Program Requirements (MPRs) and LEED 2009 MPR Supplemental Guidance. Note: tenant space is the same as project space.?

Thanks in advance.

Post a Reply
0
0
Francis McNulty OCSC
Apr 05 2016
LEEDuser Member
297 Thumbs Up

Tenant Lease Agreement Details

Hi All,
I am working on a Core and Shell project, we know who the tenant is and we are looking to draft a legally binding document to ensure that they will install a specific building system.
My question is, what level of detail is required for LEED in this binding document?

If we outline the specific systems that will be installed by the tenant and both the tenant and landlord sign the agreement is this enough?

Your help with this is much appreciated.

Post a Reply
0
0
Courtney Royal, LEED AP BD+C Sr. Sustainability Consultant Taitem Engineering
Feb 17 2015
LEEDuser Member
1962 Thumbs Up

share energy and water usage

are you including MRP #1, sharing energy and water usage, language into the sales agreement? And, if pursuing SSc9, are you including instructions on how to share this data with GBCIThe Green Building Certification Institute (GBCI) manages Leadership in Energy and Environmental Design (LEED) building certification and professional accreditation processes. It was established in 2008 with support from the U.S. Green Building Council (USGBC).?

thanks, courtney

1
1
0
Andrey Kuznetsov Green Building and Sustainability Consultant (LEED AP BD+C), Signy Group May 22 2015 Guest 319 Thumbs Up

I was also interested in this question and found for myself 2 answers:
1. from MPR supplemental guidance: "Metering and data collection for LEED-CS projects does not differ from other projects. Data may be collected from spaces that the LEED project team did not fit out as part of their core and shell design and construction – this is normal and acceptable." - "may be", not "must".
2. Since project must commit to share whole building data, water flow meter on the inlet from municipal source of water and from the electricity source must be enough. In case of "gray' water or on-site electricity generation - it's common to have meters at such sources.

Post a Reply
0
0
Charalampos Giannikopoulos Senior Sustainability Consultant DCarbon
Feb 15 2015
LEEDuser Member
1836 Thumbs Up

(Sample) Lease Agreement

If no tenants have been identified at the time pf project submission for review can the project owner submit a sample of lease agreement and a letter of commitment signed by the owner in lieu of lease agreement between the owner and the (future) tenant (which by definition cannot be in effect at the time of project submission)? Thank you in advance.

Post a Reply
0
0
Chris Freeland Architect Aller Lingle Massey Architects
Jan 22 2015
Guest
31 Thumbs Up

Lease Language

Project Location: United States

I am trying to determine what the correct lease language should be used to qualify for the EA-1 points. Should the lease just say that the "lessee shall provide MEP equipment that will provide a building performance of minimum __% better than the baseline building performanceThe annual energy cost for a building design, used as a baseline for comparison with above-standard design. according to Appendix G of ANSI/ASHREA/IESNA Standard 90.1-2007"?

1
3
0
Jesse Hunt Powers Brown Architecture Jun 07 2016 LEEDuser Member 17 Thumbs Up

Hi Chris, was this question ever answered? I have the same predicament but with a cold dark core & shell and not sure how the tenant(s) should go about meeting this prereq. Thanks

2
3
0
Chris Freeland Architect, Aller Lingle Massey Architects Jun 08 2016 Guest 31 Thumbs Up

Hi.

Sorry.. No I never really received any good answers to this question.

3
3
0
Robyn Dowsey Owner, Eco-Build Strategies LLC Nov 22 2016 LEEDuser Member 163 Thumbs Up

Hi Chris,

Typically what I do with my clients TLA is mimic the spec guidelines and then provide minimum standards. i.e. all AHU1.Air-handling units (AHUs) are mechanical indirect heating, ventilating, or air-conditioning systems in which the air is treated or handled by equipment located outside the rooms served, usually at a central location, and conveyed to and from the rooms by a fan and a system of distributing ducts. (NEEB, 1997 edition) 2.A type of heating and/or cooling distribution equipment that channels warm or cool air to different parts of a building. This process of channeling the conditioned air often involves drawing air over heating or cooling coils and forcing it from a central location through ducts or air-handling units. Air-handling units are hidden in the walls or ceilings, where they use steam or hot water to heat, or chilled water to cool the air inside the ductwork. must EER/SEER of not less than ___, VFDA variable frequency drive (VFD) is a device for for controlling the speed of a motor by controlling the frequency of the electrical power supplied to it. VFDs may be used to improve the efficiency of mechanical systems as well as comfort, because they use only as much power as needed, and can be adjusted continuously.....thermostat....etc. Since most tenants do not have the desire or the means to run a space model on their improvements, using improvement percentages alone usually don't achieve the end result desired and can leave your tenants frustrated. Its also a great idea to put metering or reporting standards in the requirements. Even if the energy is paid by the lessor, requiring measurement is key to achieving performance.

Post a Reply
0
0
Rebecca Hart
Jul 25 2013
Guest
175 Thumbs Up

Case A, B or C?

Hi, I'm trying to interpret this appendix as well and cannot get past understanding whether my project is a Case A, Case B or Case C? Can anyone shed some light on this? Thank you.

1
1
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Jul 25 2013 LEEDuser Moderator

Rebecca, it's not your project that falls into one of the cases, it's each individual credit.

Post a Reply
0
0
Julie Hendricks VP/ Director of EcoServices Kirksey
May 05 2013
LEEDuser Member
1306 Thumbs Up

Tenant Sales or Lease Agreement

I have several clients that are nearly refusing to provide a copy of their lease agreements because of concerns over confidentiality. Does anyone have recent experience submitting something short of the actual lease to satisfy the Appendix 4 requirements? For example, one of our clients proposed that GBCIThe Green Building Certification Institute (GBCI) manages Leadership in Energy and Environmental Design (LEED) building certification and professional accreditation processes. It was established in 2008 with support from the U.S. Green Building Council (USGBC). should accept a letter from the developer. In years past, we've had reviewers accept this, but I have a feeling this won't be the case now.

1
3
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Jul 25 2013 LEEDuser Moderator

Julie, seems reasonble that GBCIThe Green Building Certification Institute (GBCI) manages Leadership in Energy and Environmental Design (LEED) building certification and professional accreditation processes. It was established in 2008 with support from the U.S. Green Building Council (USGBC). would accept a letter or perhaps relevant sections of the lease. This is the kind of question I would ask GBCi directly.

2
3
0
Julie Hendricks VP/ Director of EcoServices, Kirksey Jul 25 2013 LEEDuser Member 1306 Thumbs Up

I can give some follow-up on this... We submitted a letter from the developer in leiu of the lease, and the reviewers denied all the prerequisites/credits the letter attempted to address. We will have to file an appeal. What we are taking away from this is that we will have to provide the actual lease on all CS projects, as we cannot achieve even the the pre-reqs without it. In our case, we were asked to require EAp3, EAc4, and CO2Carbon dioxide monitors in the lease. (If the building includes demand controlled ventilation, which is typical for many of our CS buildings, then reviewers are now commenting that the lease must require tenants to have CO2 monitors in densely occupied spacesAreas with a design occupant density of 25 people or more per 1,000 square feet (40 square feet or less per person). in order to ensure compliance with EQp1.).

3
3
0
Julie Hendricks VP/ Director of EcoServices, Kirksey Nov 07 2013 LEEDuser Member 1306 Thumbs Up

Now I can give even more follow-up on this. A signed lease is definitely considered a requirement, but in cases where a lease has already been signed, and did NOT include LEED language, we have gotten tentative approval to submit the following instead: 1) a lease amendment letter containing the LEED requirements signed by both parties to the lease, 2) a copy of a example future lease including the LEED requirements, and 3) a letter from the building owner/developer stating that all future tenants will be required to sign the example lease.

Post a Reply
0
0
Maria Kutelova
Aug 03 2011
Guest
1041 Thumbs Up

CS v3 - Appendix 4 - Tenant Lease or Sales Agreement

Hi, I am experiencing some discrepancy between the written in the subject appendix and the LEED v3 Online submittal forms. We are working on a CS project that wants to achieve 100% of the potable waterWater that meets or exceeds U.S. Environmental Protection Agency drinking water quality standards (or a local equivalent outside the U.S.) and is approved for human consumption by the state or local authorities having jurisdiction; it may be supplied from wells or municipal water systems. use for sewage conveyance. Credit WEc2 falls in Case B of the appendix, however there is no way to distinguish this in the submittal form and the basis for the flush fixture water use annual volume is the whole building (incl. the allowance we have made for tenant). Any thoughts?

1
2
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Nov 14 2011 LEEDuser Moderator

Maria, my best guess would be that the forms have been updated and are relfecting a newer policy than what is in the Reference Guide. However, the only thing wrong with that idea is that I don't remember seeing an addendum on this. It could be a mistake.

Have you learned more since you posted this question?

2
2
0
Maria Kutelova Nov 14 2011 Guest 1041 Thumbs Up

Tristan, after we have submitted the credit claiming Innovation point without consideration of tenants we have received the following response from GBCIThe Green Building Certification Institute (GBCI) manages Leadership in Energy and Environmental Design (LEED) building certification and professional accreditation processes. It was established in 2008 with support from the U.S. Green Building Council (USGBC)., better late than never:
"A credit in Category B of Appendix 4 is able to earn the credit for the base buildingThe base building includes elements such as the structure, envelope, and building-level mechanical systems, such as central HVAC, and materials and products installed in the project (e.g., flooring, casework, wall coverings)., without consideration of any tenant improvements. Achieving an exemplary performanceIn LEED, certain credits have established thresholds beyond basic credit achievement. Meeting these thresholds can earn additional points through Innovation in Design (ID) or Innovation in Operations (IO) points. As a general rule of thumb, ID credits for exemplary performance are awarded for doubling the credit requirements and/or achieving the next incremental percentage threshold. However, this rule varies on a case by case basis, so check the credit requirements. credit, however, must include the whole building. The "Exemplary Performance" section at the end of the appendix explains the options available. "

The review is in a delay, so we are still not sure whether our ID credit will be accepted or not. Will keep you posted when the review is out.

Post a Reply
0
0
Vivien Fairlamb
Jul 11 2011
LEEDuser Member
1355 Thumbs Up

No tenants at this stage

What happens if the developer doesn't have any tenants onboard at the time of certification? Can a draft lease agreement suffice? can anyone direct me to a more detailed version of appendix 4 or summarise it here and how to determince which case you are presenting on the templates - does this ever vary between the credits being pursued.

thanks

1
4
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Nov 14 2011 LEEDuser Moderator

Vivien, do you have a copy of the Reference Guide? Appendix 4 is detailed in that.

As farFloor-area ratio is the density of nonresidential land use, exclusive of parking, measured as the total nonresidential building floor area divided by the total buildable land area available for nonresidential structures. For example, on a site with 10,000 square feet (930 square meters) of buildable land area, an FAR of 1.0 would be 10,000 square feet (930 square meters) of building floor area. On the same site, an FAR of 1.5 would be 15,000 square feet (1395 square meters), an FAR of 2.0 would be 20,000 square feet (1860 square meters), and an FAR of 0.5 would be 5,000 square feet (465 square meters). as your core question, I am not sure, but I would like to find out. Have you learned more since you posted this question?

I would think that a standard lease agreement would work, but having just re-read Appendix 4, I'm doubtful that it's sufficient.

2
4
0
Maria Kutelova Dec 13 2011 Guest 1041 Thumbs Up

Hi Tristan,
Any luck with figuring out whether a standard lease agreement is acceptable or an actual signed one shall be provided?

3
4
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Dec 18 2011 LEEDuser Moderator

Maria, I haven't learned anything more since my last post. Check the LEED Interpretations database, perhaps, or submit a CIRCredit Interpretation Ruling. Used by design team members experiencing difficulties in the application of a LEED prerequisite or credit to a project. Typically, difficulties arise when specific issues are not directly addressed by LEED information/guide.

4
4
0
Martin Vaclavik EC Harris Mar 11 2013 Guest 89 Thumbs Up

Tenant sales / lease agreements interpretation for CS is not clear when future tenants are unknown. The answer from GBCIThe Green Building Certification Institute (GBCI) manages Leadership in Energy and Environmental Design (LEED) building certification and professional accreditation processes. It was established in 2008 with support from the U.S. Green Building Council (USGBC). is:
"At this time, review teams will accept tenant sales / lease agreements that are not signed by the tenant. These agreements must be signed by the Owner / Developer."

Post a Reply
0
0
WAGNER OLIVEIRA SILVA CTE
Mar 23 2011
Guest
708 Thumbs Up

Tenant Lease and Sales Agreement x Design Review

Normally we send documents to Design Review before the project be sold in part or entirely by the Owner. Whereas Appendix 4 asks that the Tenant Lease and Sales Agreement must be signed by the Owner and Tenant, my questions are:

1 - It is necessary that all spaces are sold or leased, and all the Tenant Lease and Sales Agreement signed before that the project to be sent for review?

2 - In most projects, the spaces are sold by the Owner to investors who will then resell or rent these spaces. Tenant Lease and Sales Agreement should be signed by the investor who bought the spaces of the Owner or by who will actually occupy the space?

1
1
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Apr 22 2011 LEEDuser Moderator

Wagner, since it seems crazy that you would have signed leases from all tenants prior to certifying the CS project, I assume this simply means that you must have a policy relative to include requirements in the leases, that will be applicable to all tenants.

I don't know what kind of legal agreement you might have with the investor, but I could see the investor having to sign something, and then the tenant also having to requirements in their lease.

Post a Reply
0
0
Ghaith Moufarege
Jan 19 2010
LEEDuser Member
10175 Thumbs Up

CS v3 - Appendix 4 - Tenant Lease or Sales Agreement

Sorry, not sure why I got all the weird scripts before my message, I copied /pasted the comment.. Please read starting from "Appendix 4".
Thanks,
Maya

1
7
0
Ben Stanley Sustainability Manager, YRG sustainability Jan 29 2010 LEEDuser Expert 6238 Thumbs Up

Maya,

I would interpret the information in Appendix 4 Case C to mean that your team would be required to ensure ETSEnvironmental tobacco smoke (ETS), or secondhand smoke, consists of airborne particles emitted from the burning end of cigarettes, pipes, and cigars, and is exhaled by smokers. These particles contain about 4,000 compounds, up to 50 of which are known to cause cancer. separation according to Case 1 Option 2 via a legally binding agreement with the building tenants.

2
7
0
V Miller WSP May 20 2010 Guest 730 Thumbs Up

Appendix 4 is not clear on whether tenant spaces need to comply with ASHRAE 90.1. Please clarify.

3
7
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. May 26 2010 LEEDuser Moderator

Tenant spaces would only be required to comply with 90.1 in so farFloor-area ratio is the density of nonresidential land use, exclusive of parking, measured as the total nonresidential building floor area divided by the total buildable land area available for nonresidential structures. For example, on a site with 10,000 square feet (930 square meters) of buildable land area, an FAR of 1.0 would be 10,000 square feet (930 square meters) of building floor area. On the same site, an FAR of 1.5 would be 15,000 square feet (1395 square meters), an FAR of 2.0 would be 20,000 square feet (1860 square meters), and an FAR of 0.5 would be 5,000 square feet (465 square meters). as their space was completed within the core & shell scope. Any tenant fit-out remaining after the core and shell was complete wouldn’t be required to meet 90.1.

4
7
0
John Albrecht Director of LEED Services, Sieben Energy Assoc. Nov 09 2010 Guest 2605 Thumbs Up

I am confused by CS Appendix 4 and its discussion of additional point(s) available for the inclusion of green language in the signed tenant lease. Does this mean that CS credits either not being pursued can be earned if there are expicitly stated LEED performance requirements in the lease or better yet if LEED CI is required? And if so, how exactly are these additional points s attempted online and then earned--are these ID credits, or are these substitutes for credits not pursued, or what--or am I misreading this? Please clarify. Thanks, John

5
7
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Nov 13 2010 LEEDuser Moderator

I don't have direct experience with this, so I have to make that caveat.

But according to my reading of CS Appendix 4 and my general understanding, it's not referring to a path for ID points or even a substitute, it's referring to a compliance method for regular credits. In cases where compliance with the credit would rest to significant degree on what the tenant does, binding language directing them to meet the LEED-CS requirements would be accepted as documentation for the LEED-CS credits.

One exception to what I just said—at the end of the appendix, there is a note about how EP points can be earned through some specific credit paths.

6
7
0
Carolina Vergnano LEED AP, Concremat Apr 14 2011 Guest 1833 Thumbs Up

Tristan,
We are having some problems with a client that do not want to certify LEED-CI its interiors and leased a floor in a LEED-CS certified building.
The owner is requiring that the projects comply with ASHRAE what is increasing a lot the project budget and our client do not have enough money. Does owner impose us to meet ASHRAE 90.1? As per your previuos comment we understand that he can not.

7
7
0
Tristan Roberts LEED AP BD+C, Executive Editor – LEEDuser, BuildingGreen, Inc. Apr 22 2011 LEEDuser Moderator

Fabiano, read CS Appendix 4 and tell me what you think. It appears that you must include tenant spaceTenant space is the area within the LEED project boundary. For more information on what can and must be in the LEED project boundary see the Minimum Program Requirements (MPRs) and LEED 2009 MPR Supplemental Guidance. Note: tenant space is the same as project space. in consideration for EAp2 for CS projects. This implies some control over what the tenant does in their space relative to ASHRAE 90.1, etc.

Post a Reply

Start a new LEED comment thread

Mar 27 2017
Type the characters you see in this picture. (verify using audio)
Type the characters you see in the picture above; if you can't read them, submit the form and a new image will be generated. Not case sensitive.

Copyright 2017 – BuildingGreen, Inc.