I am working on a mixed-use building that is required by municipal code to achieve LEED Silver. The current project design has approximately 58% high-rise multi-family residential (LEED-NC) on top of the remaining 42% which is future fit-out retail space (LEED-CS), garage & loading not counted. According to the 40/60 rule, we are in “the zone” for having a team choice for a rating system. However, the 40% max unfinished space rule would require us to go LEED-CS. The project is in Schematic Design, and is morphing a bit, we may add a few more floors of residential which would push the residential just over the 60% threshold, so it seems by the 40/60 rule that we should plan for LEED-NC and having to comply with LEED Interpretation 10102. Being on the cusp I want to have all bases covered, but our client is concerned with the implications of 10102 and is asking for binding tenant lease language NOW, so they can negotiate with tenants and fill up the retail area.
Some thoughts / questions:
1. We’d like to register the project ASAP, but if we pursue LEED-NC and then during late Design Development or even into Construction Docs find that we’ve slipped just over the 40%threshold with retail space, will we be required to change the project’s rating system to LEED-CS?
2. According to CS appendix 4, Case C – there are certain instances that anticipated tenant work is required to complete LEED documentation, then binding tenant lease agreements are required. Since we do not yet have all our credits targeted, I’m primarily looking at Case C prerequisites: EAp3, IEQp1, IEQp2. Is binding tenant lease language required to be submitted for LEED documentation for all LEED-CS and LEED-NC projects?
3. Am I right in reading appendix 4 that no other binding tenant lease language is required to be submitted to the GBCI for any other LEED prerequisites or credits? (unless we choose to improve performance of a LEED credit)
4. Just a thought for this project case – It’s a municipal requirement to be LEED Silver – the tenants should comply with municipal code without requiring extra lease language… your thoughts appreciated
Thanks in advance