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CS-2009 SSc9:Tenant Design and Construction Guidelines

Combining Tenant Lease Agreement with the Tenant Guideline

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Maya Karkour
EcoConsulting
LEEDuser Basic Member
549 thumbs up

Dear all, My project is a retail mall, and we are going for this LEED SS Credit 9. I was wondering if I can combine both of the following in 1 document: 1) Tenant Guidelines (for the sake of this credit) 2) Tenant sales and lease agreement (for the sake of other credits such as water fixtures, smoking policy, CO2 sensors...) It is clearly stated in the notes above that both documents do not include the same content ("...a tenant sales and lease agreement is not enough to satisfy the requirements of this credit.") My question is: Can I develop 1 general document, which includes a section for the tenant obligations followed by a section giving guidelines for the purpose of SS Credit 9? I do not see a problem in this (as long as the requirements are distinguished from the suggested guidelines), but I was wondering whether any of you had previous experience, where the Tenant Guidelines had to be a document distinct from the Tenant Sales and Lease Agreement. Many thanks!

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Dan LeBlanc
Senior Sustainability Manager
YR&G
LEEDuser Basic Member
62 thumbs up

Tue, 03/15/2011 - 19:22

George, I've never submitted these documents in the way you are suggesting, but I think these should be two distinct and separate documents. The tenant sales and lease agreement, because it is a legal document, will have much more specific requirements about what needs to be adhered to in order to remain in compliance with the agreement. By contrast, the tenant guidelines should also far more suggestive in tone concerning which measures the tenant should pursue, offering reasons why it would be a good practice to install water efficient fixtures, improved mechanical systems, etc... It should also contain some narrative and background information about sustainability and LEED. So I would separate these documents for clarity, both for the reviewers and for the tenants. Thanks, Dan
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Maya Karkour
EcoConsulting
LEEDuser Basic Member
549 thumbs up

Wed, 03/16/2011 - 10:16

Many thanks Daniel! I would like to further clarify the following: The issue is that there several documents that need to be provided to a potential tenant, such as "Lighting Agreement", "Methods of Payment", etc. Hence, the client proposed to issue 1 LEED-related document that would contain a strict binding section for the tenant lease agreements, followed by a suggestive section for the sake of SS Credit 9 (the distinction between what is required and what is advised will be very clear as they are 2 different sections). Thanks again and best regards!

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