Mayor Michael R. Bloomberg today
joined WilmerHale co-managing partner William J. Perlstein and World Trade Center developer Larry A. Silverstein at the signing
of WilmerHale's 7 World
Trade Center
lease, which is the first to incorporate groundbreaking language crafted by industry
leaders working with the Mayor's Office of Long-Term Planning and
Sustainability to promote enhanced energy efficiency and sustainability.
Under
traditional leases, building owners are responsible for the upfront cost of
energy efficiency improvements. Tenants, however, are the immediate
beneficiaries of those upgrades, in the form of reduced energy costs. Because owners do not share in the benefit,
they have little incentive to invest in energy upgrades.
Building on the
insights developed by the Natural Resources Defense Council (NRDC) Green Lease
Forum, the Mayor's Office of Long-Term Planning Sustainability brought together
a group of real estate and energy efficiency experts and lawyer Mark Rauch to
develop new commercial lease language that allows tenants, such as WilmerHale,
and owners, such as Silverstein Properties, to share the costs, as well as the
benefits, of energy efficiency improvements.
"This
agreement between Silverstein Properties and the law firm WilmerHale breaks new
ground in the field of energy conservation - and we expect it will be a
pioneering model for commercial leases," said Mayor Bloomberg. "This is part of
our broad campaign to increase the energy efficiency of large buildings all
across the city. When it is fully realized, this ‘Greener, Greater Buildings
Plan' - the first of its kind in our nation - will be the equivalent of making
a city the size of Oakland, California completely carbon neutral."
"Downtown
is quickly becoming the world's greenest and most dynamic urban community,"
said Larry A. Silverstein, President & CEO of Silverstein Properties,
Inc. "This remarkable transformation is due in large part to the vision
of Mayor Bloomberg and the foresight of companies such as WilmerHale.
This forward-looking company's move Downtown is part of a broader trend of
creative, dynamic companies that want to be in the World Trade
Center. These
companies - and their employees - want green office space, waterfront parks,
public spaces and recreational facilities, and perhaps the best mass transit
links of any area in the City."
"WilmerHale
is dedicated to excellence and we needed an equally excellent space to continue
expanding our thriving New York
practices," said WilmerHale co-managing partner William J. Perlstein. "With
this lease, we are able to aid in the revitalization of downtown in an
environmentally-friendly manner. WilmerHale has a proud legacy in this city and
this move marks another exciting milestone in our history."
"The
best negotiations are those which end up with both parties better off," said
Sustainability Director David Bragdon. "Today is an example of that, it proves
that working together, we can change the ways we are doing business, and create
situations where we harness self-interest to serve the common interest."
"Energy-aligned
leases are truly win-win-win - good for the landlord, good for the tenant and
good for the environment," said Dan Tishman, Chairman & CEO
of Tishman Construction and Chairman of NRDC.
"Kudos to Silverstein Properties and Wilmer Hale for being New York's private-sector pioneers in this."
"The real
estate industry in New York
has always been at the forefront of embracing innovation that makes sense,"
said Steven Spinola, REBNY President. "The adoption of the Mayor's Green
Leasing Language in commercial leases is a win-win-win for owners, tenants, and
the City. Building owners will now be incentivized to invest in energy efficient
improvements that offer significant benefits to tenants, and also will help our
City's commercial buildings to become cleaner and greener. REBNY applauds the
City for addressing the split incentives issue which had created barriers to
re-investment in buildings. We're proud that our 12,000 members, which include
the city's largest commercial property owners and managers, are leading the
charge towards adopting and using this language in commercial leases."
"This
latest lease agreement is a clear indication of the enormous progress we have
continued to make in rebuilding the World
Trade Center
site," said Assembly Speaker Sheldon Silver. "I am proud of the resilience and
determination our community has shown in the years since the 9/11 attacks,
creating a thriving 24/7 neighborhood - complete with new schools, parks and
cultural amenities - that is even better than what we had before. As today's
announcement shows, we have continued to attract an incredible diversity of
businesses, even as we also experience a huge influx of new residents."
"We
applaud Mayor Bloomberg for his leadership in green building and the City of New York for developing
this innovative approach to overcoming this unnecessary barrier," said Rick
Fedrizzi, President, CEO and Founding Chair of the U.S. Green Building Council.
"By working collaboratively with stakeholders to develop a consensus-based
solution - the Energy Aligned Lease - the City has created a model that
effectively addresses one of the more entrenched structural barriers to green
building. This new model lease will not
only help scale up green building improvements in New York City, but it will
also help inform other cities across the country as they look to replicate this
creative solution."
Current
commercial office space leases allow for tenants to share the costs incurred by
owners for capital improvements, but it is seldom used because of the time
horizon for recouping the costs is too long. The lease announced today counts
savings over the length of a projected payback period, instead of the useful
life of the improvements, shortening the amount of time it takes for the owner
to recoup the money from savings, thus making it more likely the owner and
tenant will make capital improvements. The City's commercial office space
leases are negotiated by the Department of Citywide Administrative Services.
DCAS will add the green lease language to all new lease negotiations.
"Green
lease agreements will give our private owners an incentive to make their
buildings more efficient - and City agencies will share in the energy savings,"
said DCAS Commissioner Edna Wells Handy. "We look forward to working with the
private sector to achieve our PlaNYC goal of reducing City government's
greenhouse gas emissions 30 percent by 2017. The green lease helps us achieve
that goal."
WilmerHale,
a law firm currently located at 399 Park Avenue, will occupy 210,000 square
feet of space on floors 41 through 45 of 7 World Trade Center, the City's first
LEED-certified. With WilmerHale's commitment, 7 WTC is now 90 percent
leased. 7 World Trade Center's
environmental design features include state-of-the-art ultra-clear exterior
glass technology, high-efficiency air filtration, energy and water conservation
technologies and 15,000 square feet of open park space.
The Mayor
thanked the following parties for their help in making the green lease
possible: Marc Rauch; the Real Estate Board of New York (REBNY); Silverstein
Properties; ForestCity Ratner Companies - First New York Partners; Cushman
& Wakefield; Ernst & Young; Deutsche Bank; Cycle 7; HR&A; the
Environmental Defense Fund (EDF); Natural Resources Defense Council (NRDC); Goldman
Copeland; JB&B; and the New York State Energy and Research Development
Authority (NYSERDA).
About WilmerHale and Silverstein Properties
WilmerHale
provides legal representation across a comprehensive range of practice areas
that are critical to the success of its clients. The law firm's leading
intellectual property, litigation/controversy, regulatory and government
affairs, securities, and corporate and transactional groups participate in some
of the highest-profile legal and policy matters. With a staunch commitment to
public service, the firm is renowned as a leader in pro bono representation.
WilmerHale is 1,000 lawyers strong with offices in 12 cities in the United States, Europe and Asia.
Silverstein
Properties, Inc. (SPI) is a privately-held, full-service real estate
development, investment and management firm based in New York. Founded in 1957 by President and
CEO Larry Silverstein, the company develops and acquires office, residential,
hotel, and retail properties. On behalf of principals, investors and financial
partners, SPI has developed, owned and managed more than 35 million square of
commercial, residential and retail space.
Mitchell S.
Steir, Chairman and CEO of Studley, Howard Nottingham, Executive Managing
Director of Studley, and David Goldstein, Executive Vice President of Studley
represented WilmerHale. Roger A. Silverstein, Senior Vice President of Silverstein
Properties and Jeremy I. Moss, Senior Vice President of Silverstein Properties,
together with Stephen B. Siegel, Chairman, Global Brokerage, Peter Turchin, Executive Vice President of CB
Richard Ellis and Christie Harle, Senior Financial Analyst of CB Richard Ellis, handled the negotiation of the lease
agreement on behalf of Silverstein Properties.