D002612CITY OF SAINT PAUL
OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
No: D o � aC�l 2
vat�: 1 D �30 —� lB
ADMINISTRATIVE ORDER,
WHEREAS, the office of Libraries has negouated and agreement to extend, through December 31, 2007,
the term of Lease Agreement LIB/02 with the West Seventh Community Center, Inc. for space to provide
librazy services in the West Seventh Community Center;
THEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to
renew Lease Agreement LIB/02.
APPROVED AS TO FORM
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As�ant City AtTOrney
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Date
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Department Head �'
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Administrative Assistant to Mayor
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West Seventh Community Center, Inc.
265 Oneida Street
Saint Paul, MN. 55102-2883
SPACE USE AGREEMENT
This Space Use Agreement ("Agreement") entered into this day of , 2006,
by and between the West Seventh Community Center, Inc. ("Administrator") and the Saint
Paul Public Libraries, City of Saint Paul, ("Renter").
WITNESSETH:
That said Administrator, in consideration of the covenants contained in this Agreement, and for
other good and valuable consideration, the receipt and sufficiency whereof is hereby
acknowledged, hereby agrees with Renter as follows:
(1) Administrator hereby leases to Renter, for the
December 31 2007 space in the West Seventh Comz
Oneida Street, Saint Paul, Minnesota, containing 7$4
ll 709.04, payable in equal monthly installments of
of each month, commencing January 1, 200'7s:.,-;:Admii
Renter during the duration of this Agreement Qnty'tt>:
to each of the Center's renters as a result of in<
shall become effective after Admini�tratr3t has
od fram January 1, 2007 through
fy CenY�r.("Center"), located at 265
�e feet (tfie "Premises"), for the sum of
5.75 due on or by the first working day
iiar may increase the sum charged to
;ztent that Administrator increases rent
ed operating costs. Such increase to Renter
n Renter sixty (60) days written notice.
(2) Administrator shall prpyi�e _mai�tenarice and utilities (except telephone service, which
shall be billed separately),.r�id gran� to �nter the use of spaces once a month in the Center
designated for common iise� €spch use to be approved and scheduled first with Administrator.
More frequent use of commori spaces:�n the Center, beyond once a month, shall be billed
separately to renters on the follo��ig per use scale: $15.00 for less than fifteen (IS) participants,
$20.00 for fifteen (15) to twenty-fve (25) participants, and $25.00 for twenty-six (26) or more
participants. Renter agrees to use the Premises for the following purpose(s):
OPERATION OF A PUBLIC LIBRARY BRANCH
subject to written and posted policy which may from time to time be established by
Administrator.
(3) Renter shall provide all furnishings and equipment necessary to operate its services.
Renter shall not incur any further or add additional expense with respect to the Premises unless
specifically authorized by Administrator in writing.
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(4) Renter agrees that its staff shall cooperate with Administrator and other tenants and
personnel of the Center to the end that an integrated program will emanate from the Center.
(5) Renter agrees to furnish Adminisuator with such statistics and non-confidential
information as Administrator may require for determining the use being made by Renter of the
Center and the effecuveness of programs emanating from the Center.
(6) Renter agrees not to post in the Center any signs, pictures, advertisements, banners or
decorations of any kind deemed offensive by Administrator's executive director.
(7) Renter agrees to keep the Premises in an orderly, clean and sanitary condition; shall not
permit to be done therein anything in a manner constituting a nuisance or any kind (nuisance
shall mean a substantial and unreasonable interference with another person's use or enjoyment of
the Center); shall not permit to be done therein anything in violation of the laws, regulations or
ordinances of any governmental body applicable thereto; and shali not make any structural
alterations, addiuons, changes or improvements therein without the prior consent of
Administrator. Administrator shall make all necessary rep.a"tss except those caused by the
negligence of Renter.
(8) Renter shall not assign this Agreement and shall n�t sublet Y�ie Premises or any part
thereof, except as agreed to in writing by Administrati�a;
(9) In the event that the Premises becomes:un�et�antable or unfit for occupancy in whole or in
part due to the total or partial desuuction of the` Center by fire or casualty, this Agreement sha11
remain in full force and effect, with:ti�ie'i�nderstanding that (1) if the Premises are totaliy
destroyed and Adminisuator shall fail..wii�in thirty (30) days thereafter to agree in writing to
restore the same within ninet�._490�__daysx, this `r�gieement may be terminated by either party by
notice to the other in writing; and tt�terit:�ha11 be owing by Renter during such period of
restorauon; and (2) if the T'r�mises are: partially destroyed, the rent shall be reduced in the
proportion that the square foo�ge re�dered untenantable bears to the whole of the original leased
Premises, for so long as said sqn�e<footage remains untenantable.
(10) Administrator and Renter sha11 release each other from all liability or responsibility to the
other or anyone claiming through each by subrogation or otherwise for any loss or damage to the
property caused by fire or any of the extended coverages, even if such fire or other event has
been caused by the fault or negligence of the other party, its directors, employees or agents.
(11) Renter agrees that Administrator may, at all reasonable times, enter the leased Premises
to inspect the same or to make repairs therein.
(12) Renter shall be bound by all existing or future agreements related to the Premises
between Administrator and the City of Saint Paul; provided, however, that Administrator agrees
to give notice to Renter of any violation of such policies.
(13) This Agreement shall be terminated, at the election of Adminisuator, upon the default of
Renter. Each of the following events shall consutute a default or breach of this Agreement by
G:�Real Fstate�Leasu�brary�b_2 -- W 7[h Comm Cntr (W 7[h &anch Labrnry).doc
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Renter: (1) if Renter shail faii to pay Administrator any rent when rent shall become due and
shall not make necessary arrangements for delayed payment with just cause; (2) if Renter shall
faii to perform or comply with any of the conditions of this Agreement, and if the non-
performance shall continue for a period of three (3) working days after notice thereof by
Administrator to Renter, or if the performance cannot be had within the three day period, Renter
shall not in good faith have commenced performance within the three day period and shall not
diligently proceed to completion of performance; and (3) if Renter shall vacate or abandon the
Premises_
(14) Renter shall give Administrator nouce of its desire to occupy the Premises for an
addiuonal term sixty (60) days prior to the expiration of the term of the existing Agreement.
(15) This Agreement may be terminated by Renter oniy upon sixty (60) days written notice to
Administrator.
(16) Changes in the terms of the Agreement may be made only by written amendment signed
by both parties.
(17) The West Seventh Community Center is a sm.olcz-free facility. Renter agrees to abide by
this policy.
(18) Renter agrees to abide by the Non-Vi�lence and T�top-Harassment Policies of the West
Seventh Community Center, which are attacheti'f�ea€�to.
(19) Administrator may assess tc�:Reriter a monthly energy surcharge far fluctuations in
Administrator's heating expenses't1��i_re�itesent mare than a 25% increase over the previous
year's billing for the comparable period� ``'
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IN WTTNESS WHEREOF, the parties hereto have set their hands and seals the day and year in
this Lease first above-written.
CI'TI' OF SAINT PAUL ("Renter")
Director, Saint Paul Publi ibraries
Date: � V � � �- o �-/'
City Attorney (Form Approval)
Date:
WEST SEVENTH COMMUNTT�' i�ENTER, IN�: ("Administrator")
Executive Director
Date:
G:�Real Fstate�Crasu�I.ibraryV.ib_2 -- W 7th Comm Cntr (W 7th Bnach Library).doc 4
Dvo a-c�� a-
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
L�
DeparhnenUoffice/council:
pW ��blicworks
Contact Person 8 Phone:
Bnx;e Engel6rekt
266-8854
Must Be on Council Agen�
Doc. Type: OTHER ADMINISTRATIVE OR[
E•DocumentRequired: N
Document Contact:
ConWct Phone:
Date inifiated:
IS-OCf-06
�
{�ssign
Num6er
For
Routing
Order
0
1
2
3
4
5
Green Sheet NO: 3033705
Depar6nent SentToPerson
lic Works ea! Fs[a 1000 ('AA
I(pri Attornec C.titc Attornev
Qerk �1 Clerk
btic Worlcs eal Esta 1000 CAA
Total # of Signature Pages _(Clip NI Locations for Signature)
Approve the Adminislraflve Order ro execute a one-year extension of Lease Agreement LIB/02 to provide library services in the West
Seventh Communiry Center.
idations: Appro�e (A) or F
Planning Commission
CIB Canmittee
CiNI Sen,ice Commission
1. Has this persoNfirm eeer waked under a cwitract for this department?
Yes No
2. Has tFiis persoNSrm eeer been a city employee?
Yes No
3. Dces this persoNfirtn possess a skill not nortnally possessed by any
cuirent city employee?
Yes No
Explain all yes answers on separate sheet and altach to green sheet
Initiating Pro6lem, Issues, Opportunily (Who, What, When, Where, Why):
The lease will expire December 31. 2006.
Advantages If Approved:
Library service will conunue at the West Seventh Community Center
Disadvantages IfApproved:
None
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Disadvantages If Not Approved:
Library service would be discontinued.
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OCT 3 a 2oos
rotalAmountof 11709.04
Transaction:
Fundinp Source:
Financial Information:
(Explain)
CostlRevenue Budgeted: Y
Activitv Number: 349-33452-0282
October 18, 2006 1:37 PM Page 1