Our project is a warehouse facility core and shell designed for multi-tenants with no common public space. The owner is not planning to finish out any interior space including bathrooms; it will be up to the tenant. Will Tenant Design and Construction Agreement be enough to satisfy prerequisites for Indoor Water Use reduction, Building -Level metering, and other credits such as Advanced Energy metering, Demand Response? Since there's no TI work during core and shell construction, some of these prerequisites and credits are not applicable, but we'd like to make it as LEED-ready as possible. Thanks in advance for your feedbacks.
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Dave Hubka
Practice Leader - SustainabilityEUA
LEEDuser Expert
532 thumbs up
May 3, 2019 - 8:24 am
If buildouts occur at a later date the project team will need to provide a Tenant Sales Lease Agreement (TSLA) signed by the owner that commits future buildouts to the prerequisites and pursued credit requirements. For example, "future water closets, urinals and showerheads will shall meet the flush/flow rates listed within the Water Use Reduction calculator and be WaterSense labeled."
Hope this helps!
Sareet Benayahu
Green Building ConsultantLeshem Sheffer Environement
5 thumbs up
May 5, 2019 - 6:47 am
HI
thanks so much for that response, David. Just to clarify, is this in order to comply with the prerequisite, or would that lease agreement signed by the owner be enough to qualify for credit points as well? I am working on a very similar project and the same issue just came up.
Thanks in advance!
Dave Hubka
Practice Leader - SustainabilityEUA
LEEDuser Expert
532 thumbs up
May 6, 2019 - 10:59 am
A signed TSLA can be used to document prerequisites and/or credits.
Michelle Rosenberger
PartnerArchEcology
523 thumbs up
May 6, 2019 - 12:21 pm
Please note that for v4 it needs to be a lease agreement that is executed by a tenant not just signed by an owner.
Sareet Benayahu
Green Building ConsultantLeshem Sheffer Environement
5 thumbs up
May 7, 2019 - 3:36 am
michelle hi,
for a core and shell project with numerous tenants, would the project be required to submit tenant-signed lease for all rentable spaces or just one? I am asking because i am not sure that all spaces will be rented at the initial start of occupancy for my project...
thanks,
Sareet
Dave Hubka
Practice Leader - SustainabilityEUA
LEEDuser Expert
532 thumbs up
May 7, 2019 - 12:36 pm
LEED v3 and v4 have similar language.
v3 = "signed by developer and tenant". (see Core & Shell Appendix 4 of the reference guide)
v4 = "signed by future tenant". (see intro section of reference guide)
We have always included the following language within the owner-signed TSLA: "Tenants will be required to sign the TSLA when they lease or purchase space in the building". We have been successful claiming credit within our CS LEED applications with this approach.
I will be talking with GBCI next week and will ask if they require signatures from future tenants prior to the LEED application or if they will continue to allow future signatures.
Emily Purcell
Sustainable Design LeadCannonDesign
LEEDuser Expert
371 thumbs up
May 7, 2019 - 1:48 pm
I was also under the impression tenant signatures were required (as in this thread: https://leeduser.buildinggreen.com/forum/acceptable-forms-tenant-lease-agreement-leed-design-review-comments ) My understanding of the intent of this update from v2009 was to only award points for systems that are demonstrably in the owner's control. If they've relaxed the requirement (or if there are alternate ways to document it aside from the rare case of having all tenants in place with signed leases at the time of LEED submission) that would be great to know!
Michelle Rosenberger
PartnerArchEcology
523 thumbs up
May 7, 2019 - 3:42 pm
Hi all,
Additional confirmation is always welcome, but it's our understanding (like Emily's) after direction questions on this topic, that tenant signed leases are required for any scope of work that you are trying to take credit for. In v2009 we used to have lots of CS warehouses without identified tenants and were able to provided Owner signed intent letters and sample exhibits. This approach is no longer permitted. Only executed by tenant leases will work if you are trying to take credit for something in the future tenant's scope. As Emily notes, they only want to reward what is under the Owner's control or by fully executed lease.
With respect to whether you need all the potential tenant leases to be executed, I think that would depend on what you are trying to take credit for. If for example, you were only taking credit for water fixtures specific to one tenant space, I believe that you would only need that tenant lease to be executed. If you are taking credit for projected water usage throughout the building with multiple tenants, I think you'd need everything to be executed.
If you hear anything else, David, we'd all sure like to know.
Karl Heitman
PresidentHeitman Architects Inc
4 thumbs up
May 13, 2019 - 4:34 pm
Thank you so much for your feedbacks. At this point, I think it's only fair to have a tenant lease agreement to meet the prerequisites, and not to go after any credit points.
One more question, if there's no signed tenant by the time of the LEED review submittal, I assume the Owner/landlord's letter committing to require future tenants to meet prerequisite would suffice to meet the prerequisite. Any other opinions on this matter?
Dave Hubka
Practice Leader - SustainabilityEUA
LEEDuser Expert
532 thumbs up
May 16, 2019 - 9:09 am
I spoke with the GBCI technical experts on this issue and I stand corrected; in v4 they are requiring the TSLA to be signed by future tenants if credit is being claimed within the CS application by future tenant work. Credit can be claimed from future tenant work without a signature from future tenants only if the local code requires the design strategy.
If the project will not include any plumbing fixtures within the CS scope of work, and the local code does not require a 20% reduction from the LEED prereq baseline, then the future plumbing fixture prereq is considered to be met by GBCI.
be careful that future tenant signatures do not constitute more than 60% of the building's floor area....because then you might be in the wrong rating system. You may need to confirm "future tenants have signed the TSLA but tenant level design documents have not been prepared yet". This note should be able to allow you to continue to pursue a CS certification.
Great discussions all!