Every Lease is a Green Lease or Preparing

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Every Lease is a Green Lease or Preparing a Green Leasing Strategy After an

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: • • 2 The Green Lease Rider Green Leasing

What We Will Talk About: • • 2 The Green Lease Rider Green Leasing Market Update Cooperation Sustainability Practices CAM Charges Utilities Operating Covenants Tenant Improvements

Why a Rider? • • • 3 Supplement Current Lease Form Adopt Best Practices

Why a Rider? • • • 3 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 •

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 4

Cooperation • High Performance Benefits Everyone • Mutual Covenant • Building Certifications and Sustainability

Cooperation • High Performance Benefits Everyone • Mutual Covenant • Building Certifications and Sustainability Practices • Innovation • Employee Education 5

Sustainability Practices • O&M best practices plan for energy and water efficiency and other

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 6

CAM Charges • • • 7 Building Certification Costs Sustainability Practices Costs Green Law

CAM Charges • • • 7 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

Utilities • Adopting the right strategy to improve performance • Sub-metering and separate metering • Cost Allocations • AB 1103 and SF EB • Allowable watts remains king 8

Tenant Operating Covenants • Green Building Law Compliance • Permitted Use • Sustainable Building

Tenant Operating Covenants • Green Building Law Compliance • Permitted Use • Sustainable Building Operations – lighting, daylighting, energy star equipment • Recycling, Composting and Waste Management 9

Tenant Improvements and Alterations • Contractor Rules and Regulations, • SF Green Building Ordinance

Tenant Improvements and Alterations • Contractor Rules and Regulations, • SF Green Building Ordinance – LEED Project Manager • Cal Green For New Construction TI’s – Water Submetering • LEED Project Manager • Rooftop Equipment 10

LAW OF LEASE WHAT IS A LEASE LeaseLAW OF LEASE WHAT IS A LEASE Lease
LAW OF LEASE WHAT IS A LEASE LeaseLAW OF LEASE WHAT IS A LEASE Lease
Project On Lease Financing Lease Financing A leaseProject On Lease Financing Lease Financing A lease
Every Child Every Family Every School Every DayEvery Child Every Family Every School Every Day
Introduction to Leases 1 Lease Typology Terminology LeaseIntroduction to Leases 1 Lease Typology Terminology Lease
LEASE AND INTERCHANGE LEASE AND INTERCHANGE Normally responsibilityLEASE AND INTERCHANGE LEASE AND INTERCHANGE Normally responsibility
Grazing Lease Royalties Albertas Grazing Lease Framework BackgroundGrazing Lease Royalties Albertas Grazing Lease Framework Background
Grazing Lease Royalties Albertas Grazing Lease Framework BackgroundGrazing Lease Royalties Albertas Grazing Lease Framework Background
Lease Renewal for Tenants a Snapshot Lease RenewalLease Renewal for Tenants a Snapshot Lease Renewal