David C. Longinotti, Partner Every Lease is a Green Lease or Preparing a Green Leasing Strategy After an Energy Efficiency Retrofit Presented by: David C. Longinotti, Partner Hanson Bridgett, LLP dlonginotti@hansonbridgett.com April 7, 2010
What We Will Talk About: The Green Lease Rider Green Leasing Market Update Cooperation Sustainability Practices CAM Charges Utilities Operating Covenants Tenant Improvements
Why a Rider? Supplement Current Lease Form Adopt Best Practices Comply with Green Building Laws Clarity in Negotiations Caveats
Important Market Facts 247 LEED Registrations in 2009 EBOM Certification Dominated Certification Fees 3.5 - 4.5 cents per sq. ft Payback periods vary 9 months to 7 years Tenant HR Savings
Cooperation High Performance Benefits Everyone Mutual Covenant Building Certifications and Sustainability Practices Innovation Employee Education
Sustainability Practices O&M best practices plan for energy and water efficiency and other sustainability goals Maintain Green Building Certifications Assure legal compliance Rules and Regulations
CAM Charges Building Certification Costs Sustainability Practices Costs Green Law Compliance Costs Alternative Energy Alternative Transportation Insurance Endorsements
Utilities Adopting the right strategy to improve performance Sub-metering and separate metering Cost Allocations AB 1103 and SF EB Allowable watts remains king
Tenant Operating Covenants Green Building Law Compliance Permitted Use Sustainable Building Operations lighting, daylighting, energy star equipment Recycling, Composting and Waste Management
Tenant Improvements and Alterations Contractor Rules and Regulations, SF Green Building Ordinance LEED Project Manager Cal Green For New Construction TI’s Water Submetering Rooftop Equipment