In October 2015, we examined Paragraph #5 “Other Provisions” in the USPS lease. The provision is used to incorporate various USPS lease riders (e.g., the Utilities Services & Equipment Rider, the Maintenance Rider, etc.) into the lease. This month we discuss the opportunity to use the provision to a separate addendum to add other customized lease terms.
In addition to having Paragraph 5, “Other Provisions” incorporate standard USPS lease riders, that paragraph can also be used to incorporate either additional customized terms or to refer to the incorporation of a separate addendum containing such customized lease terms. Short additions are usually found in Paragraph 5, and longer provisions and multiple additional paragraphs are usually set out in a separate addendum that is then incorporated into the lease by a reference in Paragraph 5, “Other Provisions.”
Examples of modifications that might be made under Paragraph 5, “Other Provisions” include terms relating to certain utility services and custodial services. Normally, the USPS must pay for separately metered utilities for the premises it leases. Also, the USPS is normally required to provide custodial services for the areas it leases exclusively.
However, the Utilities Services and Equipment Rider may sometimes require changes to reflect the actual conditions at the premises, or there may have been changes in utility or equipment responsibility since the last lease. In addition, the landlord might want to include a sentence clearly establishing responsibility for premises exclusively leased to the USPS. In either case, such customized terms can be added through modifications located in Paragraph 5, “Other Provisions.”
Contributed by
Karen J. Delamore, DRE Consulting
303 917-8810 or e mail karen.j.delamore@gmail.com