If I understand correctly, if the Core and Shell developer isn't providing plumbing fixtures, then the tenant agreement is essentially required by LEED to dictate plumbing fixtures. My client is stuck on this point. I'd love to have some examples of successful tenant leases that specify certain LEED items. Particularly if they are actually condos, where the space is sold. For some reason my client thinks there is no way to tell a condo owner how to build their building. Please PM me if you can share any such example from a past project.
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Samantha Harrell
LEED Project Reviewer certificate holder115 thumbs up
March 30, 2012 - 2:08 pm
Hi Lawrence,
I apologize for the error in the previous post here. The information regarding unfinished spaces is applicable to whole building rating systems only, such as NC. Tenant Design and Construction Guidelines are not required for CS projects unless the project is pursuing SSc9. Appendix 3: LEED for Core & Shell project Scope in the Core and Shell 2009 rating system may be helpful for communicating the CS project's scope to the reviewer. Refer to LEED CS Appendix 4: Tenant Lease and Sales Agreement within the Reference Guide for more information regarding the situation where a developer may enforce system requirements through a sales agreement or tenant lease. Also refer to the LEEDUser discussion of Appendix 4 here: http://www.leeduser.com/topic/cs-v3-appendix-4-tenant-lease-or-sales-agr...
Lawrence Lile
Chief EngineerLile Engineering, LLC
76 thumbs up
March 30, 2012 - 3:45 pm
On further study of CS Appendix 4 in the LEED BD+C 2009 guide, it looks like if the developer is not providing plumbing fixtures, then that would still required to be in a tenant sales agreement. I don't see any other way to comply with WEp1 - am I understanding this right? Since my developer client is reluctant to put requirements in the tenant sales agreement, I will encourage him to just give them an efficient toilet, surely they wouldn't object to a requirement to use something that is free.
If the developer is not providing plumbing fixtures under LEED CS, is my understanding correct that this forces us to use a tenant sales agreement in order to get WEp1?
Or am I beating my head against a wall that would be better served by using precertification?
Samantha Harrell
LEED Project Reviewer certificate holder115 thumbs up
April 2, 2012 - 11:26 am
Have you had a chance to download the latest version of the CS WEp1 form from LEED Online v3? There's a sample version available under the Sample Forms Download. The form outlines 4 options for prerequisite compliance: In Scope, Tenant Work, Tenant Lease and Sales Agreement, and Tenant Neutral. If the tenant sales and/or lease agreement(s) option is chosen, the agreement must contain binding language specifying maximum water usage rates of all fixture and fitting types that may contribute to water use reduction when installed, and do not exceed the LEED 2009 baseline water usage rates claimed in the performance calculations.
If your client does not want to put requirements in the tenant sales agreement, then there are other options for prerequisite compliance.
AtSite Inc
AtSite1 thumbs up
December 15, 2014 - 3:08 pm
I also have a question about cold, dark shell developments. In our case, the developer is not providing any plumbing fixtures in the retail project - no sinks, no toilets. The tenants will add and must meet 2009 IPC (same as the LEED baseline). The developer will not create a lease agreement specifying what fixtures the tenants must choose and no fixtures are under developer control. So, are we out of luck with LEED? I looked at the LEED Online form, but there is really no option to say no fixtures are under the developer's control. Please advise.