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89-19 WHITE - GITV CLERK PINK - FINANCE COUflCl1 CANARV - DEPARTMENT � '. G I TY OF SA I NT PAU L File NO. �� / - BLUE - MAVOR � �, Counci Resolution � - �� Presented By ', �� Referred To Committee: Date Out of Committee B� Date RESOLVED, That the proper City Officials are hereby authorized and directed to execute a lease agr�ement with the West Seventh Community Center, Inc. , 265 Oneida Street, Sainit Paul for the continuation of library services in the West Seventh Popular Lib}�ary as provided by the Division of Libraries, City of Saint Paul , subject to th terms and conditions of said agreement, a copy of which is to be kept on file �nd of record in the Department of Finance and Management Services. , I I� i � ,I I COUNCIL MEMBERS , Requested by Department of: Yeas Nays �„ , • Dimond ' � �� [n Favor Goswitz Rettman � sche;be� , j Against BY —6en� '�" I JAN - 5 1989 Form A roved by ity Attor Adopted by Council: Date � �, _ Certified Yas e " ncil S By — gS, �i '6 �9U� Appr ed by Mayor for Sub n to ouncil A►pprove y 1�1 or. i — � .: ;;'; � -� I�'t3g . . . , ..i}...,.: .. .. . . , . . . . . �, � I �I �`J�" . .N° 010011 � Co unit SerVic / 'ib �ries DEPARTMENT - Jepr Steenber CONTACT NAMB 292-6211 l PHON� �: Nove ber 29 i9$8 � . DATE � � SS 1� �t G (See reverse side.) eZ Department Di edto ' Mayor (or Assistant)� � ��Finance and n�ge ent Services Director ,,,� City Clerk �� Budget Direct r ; .� Finar�ce A�cou �g �City Attorney � �; �v �- � S: _� (Clip all location�o; �ignature. '� .Sr W I G D ? (Purpose/ tional��SC� Enabl� Division o L�b � ries to continue the delivery of library services in space provided at the West Seven h � unity Center. ,.. RFr,Fnr� .�. D k C 0� 19$8 RECEIVEp O�tcE oF rHE o,: �,��oR NOV 3 01986 DEPARTMEroT OF FT��a�.�,^E CO B I AND P 0 L C S A • ENT SERytCE$ C9�� None, other than a alut orized in the 1989 R6�c�YEQ DEC 27 1988 Counci! Research Center, utC 191°88 MAYOR'S O�FI�E C�=:;;:�,� Ye��Nf c� �enter. FIN G SO � G T C VI B CHARG D 0 C D ED: U�(; 2 � ��$8 (Mayor's signature noit aquired if under $10,000.) Total Amount of rans ction: �5637.60 Activity Nwnber: 03403-0282 Funding source: npr 1 fund 8udget ATTACHMENTS: (Lis and waber all attachments.) � E��\ /E� \/ Four copies of agr emen . DEC 1 �988 DM NIS RATIV��' C _Yes �No R les, Regulations, Procedures, or Budget Amendment required? Yes _No I yies are they or timetable attached? D PA REVIE�,T CITY ATTORNEY REVIEW _Yes �o Co ci1 esolution required? Resolu�ion required? �Yes �-No _Yes _No Ins ra�c required? Insurance su€ficisnt? _Yes _No _Yes _No Ins anc attached? . -. �I �,��--�-�9 - ,', C�� -� �� WEST SEVEIVTH COMMUNITY CEIJTER, INC. 265 neida Street, St . Paul, t9innesota 55102 • i SPACE_USE_AGREEMENT This Space Use A�greement entered into this f irst day of_�dnudry 19 89 by and betwEEn Ithe West Seventh Community Center � Inc. hereinaftEi � rEferred to as the "Ajdministrator" and __�g��uL3.!lhll�l.l:b�"s�'Y___� ' liereinafter referred �to as the Renter. WITNESSETH: ; That said admini trator , in consideration of the covenants cc+ntained in this agre�mEnt , and f�r other goad and valuable considerations , the receipt �nd sufficiency wh�repf are hereby acknowle�ged� hEret�y agrees with the REnter , as foll�ws : (1 ) The Administ ator hereby leases .to the Renter , for the p?riod from 1/1/89 to__ 1 /31/89 space in the West S?venth Gommunity Center hereinafter referred o as thP "CEnter" located at 2E5 Oneida Street in the Cit,y of St . Paul , Sta e of Minnesota , containing _�83___ square feet, hereinafter referred o as the "premises , " Qr he sum of $�;6�7.60- payable in eq�sal mont ly installments of ��6y-8� due on or by the first working day of each m nth, commencing _,�1�___ (2) The Administ�ator shall Frovide maintenance an� utilities (excFpt telFphc�ne service, wh�ich will t,e billed separately) , and grants to the Rentcr the use of spa es in thP Center designated fc+r common use, such use t� be approved and sc�iedul�d first with the Administrator. The Renter agrees to use the Pre�ises for the f�llowing purposes : ( pecific intent of use for premises) ---------------------�--------=-------------------------------------------- -------------------"�stSe�cPattL�np.ul.ar_Li.hr�r.�C�� ------------------------------ subJAct to written an�i posted policy which may from time to time be f estatlished by the Ad inistrator . (3) The Renter s�iall provide all furnishings and equipment necFssary to operate its services . The Renter shall not incur any further oi� additional expense with respect �o the Premises unless specifically authorized by thP Administrator in writ�.ng. (4) Renter agree� that its staff will cooperate with the Administratar and other tenants and � pErsonnel of the Center to the end that an integrated program will emanate rom the Center. (S) RentEr agree to furnish the Administrator with such statistic.s and non-cc►nfidential info mation as Administratc+r may require for determining the use being made byjthe RentEr of the Center and the effectivenPss of programs emanating fr m the c;enter . (6) The Rent�r a rees not to post in the Center any signs, pictures , advertisements , b�nne s , or dECOrations of any {:ind deemed offensive by thF Administrat��r ' s E�:ecu ive Director . (7) The Rent�r a�rees� to keep the PrEmises in an orderly, clean, and sanitary conditioh; w 11 neither do nor permit to be done therein anything in a manner const�.tut ng a nuisance of any kind (nuisance shall me�n a sut�stantial unrea�c�na le interference with another 's use or enjc�yment of the Center) will neit�er o nor permit to be dane therein anything in violation I �'� . : � _ . ��r-�9 �F�a�_� Us� A,�rp�ment (jc�nt'd)-Pa�e 2 of the laws , regulat�ons . or ordinances of any gavernmental body applicable thEretc+ , and will notj make any structural alterations , additions , changes or impravements therein Iwithout the prior consent of the Administrator . Administrator will ma�k� all necESSary repairs er.cept those caused by the negligence of the Ren�ter. _ (8) Tt,e Renter wlill not assign this agreement and will not sublet the Premises or any part �thereof , except as agreed to by the Administrator , in writing. (9) The Renter a rees to save and hold harmless the Administrator and all other Renters in �hE GEnter from any and all claims , whether vali�l ar n�t , losses , or expen�es, of whatever kind of naturE, including rPasonable attorney fees , for ne�ligent acts or omissions of the Renter, its �mployees and a�ents . � (10) The Administ$�ator and the Renter release each other from all Iiability or r�spensi zlit,y to the other or an,yone claiming through each ty subrogation or otherw�se for any loss or damage to property caused by fire or any of the extende�l coverag=s , even if such fire or oth�r event has he�n caused by the fault o� negligence of the other pai•ty, its Directors , employees , ar agents . '. ( il ) The Renter a�rees that the Administrator may, at all reasc+nable tim�s , Enter the Ieas�d premises to inspect the same or to make re�airs th�rein. (12) The RentEr s�all be bound by all existing or future agreements r�lated to the Premis s between the Administratar and the City of St . Faul , provided tiowever that '�the A�ministrator agrees to give natice to the RentEr af an vialatic� ' Y n of su�ch policiES . ( 13) This agr�ement sh�ll t�? terminated , at the electi�n of the A�jministratc�r , upan th_ default of the Rentei- . Each c�f th� followin� events � s1�a11 constitute a def ult or breach af this a,ez-e�m?nt ty thF Renter : ( 1 ) If the Rer,ter shall fa ' 1 to pa,y thF A�3ministi•atoi- any rent wl��n shall becc�mA du� and shall not make� necessary arrangements for delayed payment with just �aus�; (2) If the Ren{ter shall fail to perfc�rm nr c�mply witP� an,y of the conditions of this agr�ement and if the� nonperformance shall continue for a F�eriod of (3) working �ays after notice thereof by the Administrator to the Renter or , if the perf��rmance cannot be had within thE three day period , the R�r�ter shall not in go�d faith have commence� pei�formance within the three day period an�� shall n �t dilig�ntly proceed to completion of perfvrman ce; an� (3) If the Renter $hall vacate ar abandon the Premises . ( 14) the Renter sh�ll give the Administrator notice of its desire to occupy the "PremisPs" �'or an adc�itional term 30 days prior to the expiration uF the term of the Exi�ting agreement. ( 15) This agreement� may be terminated by Renter only upon thirty (�0) days written notice toi,the Administrator. ( 16) Clzanges in th� terms of this agreement may t�e made only by written amendment h�reto to th� Administrator . ' . ,' - ''I ��l� S aC � I ' P � e Use A�reem..nt (c�nt d)-ras_ 3 IPJ WITNESS WHEREOF, t$he Administrator and the Renter Agency hav� exECUted this A£reement this ' ��+� day of �?'��+�-�^� 1g ��3 , - -t- ----- -----------' ---- West �nth Communit�y Center , Inc. CITY OF ST. PAUL "- I _ By--==/��,�s� `v�� . �-' ----- City torney ------ It 's President By-- ---- S -- - . -- - By--- -N'�- ------ -- --------- Date--�-�-Z��------ t 's Executive Director I DEPARTMENT OF ' • COt•�MU SERVICES � By- - - - I! DatE_-`I��9� -�------ ' DIVISION OF LIBRARIES ; By�,�1�t-�--------- �; Date 7Lo-�r: �9�!Y_9 g---- � DEPARTMENT OF FINATJCE AfdD MANAGEMENT I SERVICES , � j i ,l B 4� � � .��._ ,, . - , y-=�=------------�,,�-�r` Date--�--�-g� ----- i I ' ;I' ,....a q/ ��'�9 :O� ' `' l/� � CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM DIVISION OF LIBRARIES DATE: December 14, 1988 �� cF �'� T0: Paul McCloskey �'��, CI � Assistant City Attorney fi cI � < FROM: Jerry Steenberg ��/�`' _ Library Directo ��,�+ ��y Dave Nelson, Finance Department, tells me I must have a Council Resolution for this lease agreement, which I have attached. I was going to send it to the City Clerk' s office when I noticed the last copy of the agreement doesn't have your signature. Would you please sign that copy of the agreement and send to the City Clerk's Office? Thanks,