Lease Provisions

“Green Lease Provisions”

Bicycle Parking. Landlord covenants to construct, as its sole cost and expense, a cage to enclose a portion of the [basement parking area.] Landlord grants Tenant, free of charge, a license to (i) enter said portion of the basement parking area; (ii) use same for bike storage; [and (iii) use the building’s freight elevator for access.] Tenant shall obtain an insurance policy for commercial general public liability and property damage covering the bike storage unit and naming Landlord as an additional insured.

Compliance. Landlord covenants to comply with all applicable federal, state, and local environmental statutes and regulations in connection with the operation of this building.

Utility Monitoring. Landlord covenants to separately meter Tenant’s electricity, gas, and water use. If separate metering is unavailable, Landlord will provide Tenant periodic (e.g., monthly, quarterly) statements that estimate Tenant’s pro rata consumption and its share of the common area utilities.

Energy. Landlord covenants to attain an Energy Star for Buildings rating of at least 75, or that rating’s equivalent under an alternative local standard, by ___ months after the Commencement Date. Landlord will provide occupancy-based lighting control systems with zoning and daylight linking where appropriate.

Waste. For leases in which Landlord provides waste management services for the entire building, Landlord covenants to provide Tenant a separately inventoried statement of its waste profile. For leases in which Tenant procures waste management for its Premises and Landlord retains waste management responsibility for common areas, Landlord covenants to provide Tenant periodic (e.g., monthly, quarterly) statements that estimate Tenant’s pro rata waste profile for common area waste.

Recycling and Composting. Landlord covenants to provide all labor and receptacles for: (i) collection, storage, and proper recycling of paper, glass, plastics, cardboard, and metals; and (ii) composting of organic wastes. Tenant may also consider requiring Landlord to provide for recycling of toner cartridges, fluorescent tubes, batteries, and small electronic devices (e.g., mobile phones).

Water Fixtures. Landlord represents and warrants that all water fixtures and control systems will conform to the standards set forth in the U.S. Energy Policy Act of 1992 (or its local equivalent).

Cleaning. Fro leases in which Landlord provides cleaning services for the entire building, Landlord covenants to adhere to Tenant’s green cleaning policy (which Tenant will provide). Tenant retains the right to verify purchases and conduct assessments in accordance with the U.S. Green Building council’s LEED for Existing Buildings, Operation Maintenance standards (or their local equivalent). Tenant may also choose to require Landlord’s cleaning contractor to employ products and methods certified in accordance with Green Seal. For leases in which Tenant procures cleaning services for its Premises and Landlord retains cleaning responsibility for common areas, both parties could covenant to require Green Seal adherence.

Alterations. In addition to Tenant’s other rights regarding alterations, Landlord grants Tenant the right to alter the Premises to suit the U.S. Green Building Council’s LEED for Commercial Interiors standards (or their local equivalent). Landlord covenants to provide Tenant information necessary to calculate Sustainable Sites Credits under LEED for Commercial Interiors (or its local equivalent).

Diligence Items. Consider adding representatives and warranties through which Landlord confirms specific Tenant environment diligence requests.

Additional Green Lease Provisions for Consideration

Preferred Parking. Landlord covenants to provide preferred parking at the Property (e.g., minimum three percent of total stalls) for hybrid, alternative fuel, and high-occupancy vehicles.

Commissioning. Landlord covenants to engage a qualified vendor to carry out a comprehensive building commissioning to ensure that fundamental building elements are calibrated for maximum operation efficiency. [Tenant may also require Landlord to perform periodic retro-commissioning to restore and maintain optimal performance.]

Monitoring. Landlord will install automated systems to monitor equipment function and indoor space conditions and to identify issues and facilitate timely repair.

Build-Out. During any build-out at the property, Landlord covenants to adhere to the U.S. Green Building Council’s LEED for Commercial Interiors standards (or their local equivalent) by (i) maintaining interior non-structural components where appropriate; (ii) diverting reusable construction debris from landfill disposal by redeploying materials onsite (e.g., salvaged beams and posts) or sending such materials to appropriate recycling centers; (iii) using materials (e.g., furnishings) that incorporate recycled content; (iv) employing regionally-manufactured and rapidly-renewable materials; and/or/ (v) minimizing volatile organic compound (VOC) emissions from paints, sealants, and adhesives.

Green Power. Landlord covenants to entitle Tenant to specify that its electrical power consumption be sourced from or offset by renewable energy sources.

Energy Star for Buildings is a program jointly administered by the U.S. Environmental Protection Agency and U. S. Department of Energy. Participants enter building information into EPA’s online energy performance calculator, which scores the building’s performance on a 1-100 scale relative to peer facilities. Those buildings scoring 75 or higher – i.e., in the top 25 percent of peer facilities – are eligible to receive formal Energy Star designation.

Indoor Environmental Quality Credits 3.1 through 3.9 details the specifics of LEED’s green cleaning program.

Green Seal is a non-profit organization that conducts environmental standard setting, product certification, and public education. Several of its standards may apply to Tenant’s leases: GS-1 (Tissue Paper); GS-9 (Paper Towels and Paper Napkins); GS-11 (Paints and Coatings); GS-36 (Commercial Adhesives); GS-37 (Industrial and Institutional Cleaners); GS-41A (Hand Cleaners and Hand Soaps); and GS-42 (Cleaning Services). Other Green Seal standards also may apply.

In connection with Credit 1 (Site Selection), Tenant may require Landlord to provide information relating to, for instance, the building’s storm water management system, the reflectivity of its roofing materials, or the intensity of its exterior lighting.

For more detail, please reference Materials and Resources Credits 1.2 through 7 and Indoor Environmental Quality Credits 4.1 through 4.4.