A commercial tenant has a lease on a whole building. two areas of the building, a gym and a cafe for employees, are completely separated (ie party walls with no connecting interior door) and will be built out by vendors (cafeteria and gym operators). They will be used only for the employees and visitors to the leaseholder. The spaces do not have separate leases or subleases.
The rest of the builidng TI is complete and occupied. These other areas, however, remain un-built-out, and the extra air demand for a gym has not yet been dealt with in the mechanical system.
These spaces were included in the preliminary design submittal, but caused significant problems .
Is it possible to exclude them from the resubmittal, especially if we provide photos showing they are not occupied?
This seems like a stretch to me, but the team is pushing on it, so I could use an outside opinion.