D00901C{TY OF SAINT PAUL
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OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
ADNIINISTRATIVE ORDER,
No: � � �
Date: � � � - ��
WHEREAS, the office of Libraries has negotiated a space use agreement (hereinafter called Lease
. Agreement LIB/2) with the West Seventh Community Center, Inc, for space in the West Seventh
Community Center to provide library services;
THEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed
to execute Lease Agreement LIB/2.
APPROVED AS TO PORM
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Assistant City Attomey
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Department Head �\v�
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Administrative Assistant to Mayor
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To appmve Lease Agreement LIB/2 of space in the West 7th Commnnity Center for the West 7th
Branch Library. Ref: 1. Administrative Order to anthorize I.ease; 2. Sample Copy of Lease
Agreement LI&/2.
A1I0 APPROVS (A) OR REIECl' (1� NAi. SERVIC� CONl'RACiS MUST ANSWER 1HE FOLIAWING
' rratu�m�G co�oN Sr�' � mo ��/sm �� �r a 000uba cor � a�t� xrs xo
cavn. smtvlce co�S4ox Has ma pe�/s� ever uan a ary emp�oyeo? YES xo
c:� cora�rr� n«s m� re�/s� � 8�u �r �hr� ns �r � xo
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- an Yffi aosv�es � a separate sheu and at�L.
POR1S WHICB COUN(aI.OB1ECfiVB?
COUNCCU.. WARD(S� 2 DI.STRICP PIAHI�IIQG COUNQI. 9
ATIPIG PROBI.SM, LSS[TE, OPPORTIJN[lY (Who, What, When, Whem, Why?x
The original Lease Agreement has expired.
veu�rrnc� mArrxovrn:
Library services in the West 7th Community Center will contiaue.
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Library services in the West 7th Community Center will cease.
. AMOUNP OF TRANSACIION: �(� 854.87 �TI�$ svnGSrrn (�� o� � xo
�`TC ��� General F�nd Ac�vnY N°I"��: 03402
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WEST SEVENTH COMMUNITY CENTER, INC.
265 Oneida Street, Saint Paul, Minnesota 55102 ����,
• This Space Use Agreement, entered into this lst day of April, 1996 by and between the West Seventh
Community Center, Inc., hereinafter referred ta as. the Sublessor, and the City of Saint Paul 7.�'brary
Services, hereinafter called the Sublessee.
WITNE5SETH:
That the Sublessor and the Sublessee hereby agree as follows:
L Leased Premises. The Sublessor, in consideration of the payment of the Basic ltent and Additional
Rent hereinafter specified to be paid by the Sublessee, and the covenants and agreements herein
contained, does hereby lease, demise and let unto Sublessee the premises hereinafter refened to
as the "Leased Premises," described as 784 squaze feet of space in the West Seventh Community
Center, whose address is 265 Oneida Street, Saint Paul, Minnesota 55102.
See Fxhibit "A", plan or map of leased azea which is incorporated herein by this reference.
II.
Term of Lease. This lease shall be in effect for a term commencing and ending on the dates
indicated below, uniess terminated eazlier by the Sublessor as provided herein.
Term
(Months/Years)
11 Months
�III.
IV.
Use of Premises. The Sublessee shall use and occupy the Leased Premises for the operation of the
West Seventh Branch Library and for no other purpose without the prior written consent of
Sublessor. Sublessee agrees to comply with all rules established by the Sublessor, such rules shall
be committed to writing and shall be conspicuously posted. Sublessee £urther agrees, for itself and
its staff, to cooperate with the Sublessor and other tenants in establishing a pleasant atmosphere
for the provision of services to the community.
Rent.
SPACE USE AGREEMENT
Commencing Date
February 1, 1996
Ending Date
December 31, 1996
A. Basic Rent. Subiessee shall pay all rents in advance, on the fust day of the term of the lease
and on the first day of each payment period thereafter as indicated in the Payment Schedule
below:
Schedule
•
Total Rent
During Lease Term
$6,854.87
(Period - Commencing Date - $ per Period)
monthly February 1, 1996 $623.17
B. AddiHonal Rent. The Sublessor may, as additional rent, increase the sum charged
to the Sublessee during the term of this lease only to reflect the documented increase
in operating expenses. Sublessor must provide to the Sublessee written notice at
least 60 days prior to the effective date of such increase.
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Sublessee's Equioment and Furnishings. The Sublessee shall pravide all equipment and
furnishings necessary for its operations, and shall not incur any eacpense against the Leased
Premises without the expressed written authorization of the Sublessor.
VI. Maintenance and Re�airs. Sublessor shall, af its own cost and expense, be responsible #or
all repairs, maintenance and upkeep of the I.eased Premises, including but not limited to
emergency repairs of any ldnd; routine maintenance and repair to keep the Leased Premises
in good repair, safe and in compliance with applicable fire, health, building and other
life-safety codes; and all repairs and maintenance needed to keep the buildings or structures
on the Leased Premises in good condition, including (a) the exterior (including doors, except
glass breakage, and windows, but not including signs erected by the Sublessee) and interior
structure of the buiidings or structures, (b) the roof or roofs, (c) the heating, ventilating and
aiz conditioning systems therein, (d) all electrical, plumbing, lighting, mechanical systems,
fize suppression equipment i.e. fiire sprinkler system; and (e) all grounds, fences and roads
within the I.eased Premises.
•
The Sublessee will keep the Leased Premises clean and will not allow any condition to exist
that would create a nuisance or fire hazard, or that would increase the rate of insurance on
the I.eased Premises.
Sublessee shall nat waste or misuse water, gas, steam or any other utiliries furnished by the
Sublessor.
Sublessee shall not, in any manner, deface or injure, or permit the defacing or injury of, said
L,eased Premises or any part thereof, or overload the floors.
Sublessee shail, at its own eapense, repair any injury to the Leased Premises, other than
ordinary wear and tear, that has occurred during the term of the lease.
VII. �ht of Ent�, At all times during the term of this lease, the Sublessor shall have the right,
by itself, its agents and employees, to enter into and upon the Leased Premises during
reasonable business hours to examine and inspect the same, provided that such entry does
not interfere with the conduct of offcial business or compromise security of the team
station.
VIII. Waiver of Subr�ation. Sublessor waives its right of subrogation for damage to the Building,
contents therein, loss of use thereof, and/ or loss of income, up to the amount of insurance
proceeds collected. Sublessee waives its right of subrogation for damage to property in the
Leased Premises, loss of use thereo� loss of income and/or accounts receivable, up to the
amount of their respective insurance proceeds collected. The parties shall notify their
respective insurance companies, in writing, of the provisions of this paragraph; and, if either
cannot waive its subrogation rights, such party shall immediately notify the other party, in
writing. .
• IX. Insurance. The Sublessee shall provide to the Sublessor a copy of its Certi�cate of 5elf
Insurance.
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• X. ndemni . The Sublessor and Sublessee agree to indemnify, defend, save and hoId harmless
each other, their agents, officers and employees from all claims, demands, actions or causes
i of action of whatsoever nature or chazacter, arising out of or by reason of the condition of
I the premises. Nothing in this agreement shall not be construed as a waiver of the Cit�s
liability limits as set forth in Minn. Stat. Ch. 466.
Xi. Assignment and Sublettin Sublessee shall not assign or sublet this L,ease without the
written consent of the Sublessor, which consent must be obtained prior to the execurion of
any agreement to sublease the Leased Premises.
XII. Destruction. In the event of damage to or destruction of the Leased Premises or in the
event the premises becomes untenantable or unfit for occupancy due to such damage during
the term of this Lease, Sublessor may at its option:
A. terminate the lease upon fifteen (15) days' written notice to Sublessee; or
B• within fifteen (15) days agree to restore the premises within a reasonable time period
following the casualty,
The Basic Rents to be paid during the restoration period shall be abated in proportion to
the percentage of loss and impairment of the use of the Leased Premises as determined by
the proportion of said Leased Premises tbat are in suitable condition for occupancy and are
. actually occupied by the Sublessee.
XIII. Default Remedies. In the event the 5ublessor fails to observe and perform any covenant or
condition of ag�eement on its part to be observed or performed as required by this Lease
and this failure persists for 30 days, the Sublessee may, at its election:
A send notice to Sublessor that self help measures will be taken by Sublessee and
chazged to Sublessor, such charges to be deducted &om subsequent payments of
Basic and Additional Rent be, �n»ing with the rent next due and continuing, should
the rent neact due be insufficient to reimburse the Sublessee'S expenditures, until such
time as Sublessee has been fully reimbursed for said eapendihues and reasonable
accrued interest; or
B. temunate this Lease by giving not less than thirty days' written notice to Sublessor,
provided that, should the Sublessor rectify its failure to observe or perform as
required within the said thirty day period or by a mutually agreed upon date, said
written notice shall be withdrawn.
Termination, as provided in this pazagraph shall release the Sublessee of any further
obligarion to pay Base Rent or Addirional Rent, as defined in Paragraph (4), to
Sublessor or to LENDER. Any monies paid in advance for rental of the Leased
Premises subsequent to the date of terminarion shall be refundable to the Sublessee
and shall be due on the date of termination.
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XIV. Compliance with Laws. The property described herein may be used for only the purposes
• stated herein. It is the sole and exclusive responsibility of the Sublessee in the use of the
property to comply with all laws, rules, regulations or ordinances imposed by any jurisdiction
affecting the use to wiuch the property is proposed to be put. The Sublessor shall comply
+� with all laws, rules, regulations or ordinances imposed by any jurisdiction affecting conduct
on the property, and shall a11ow no violation of such laws, rules, regulations or ordinances
by its agents or employees or by other tenants.
XV. Renewal. The Sublessee shall have the option, at the expiration of the original term and
subsequent extensions of this agreement, to renew the lease £or an additional one year term
by giving the Sublessor 60 days' written notice.
XVI. Cancellarion or Termination. This lease shall be subject to cancellation and termination by
Sublessee at any time during the term hereof by giving the Sublessor nouce in writing at
least sixty (60) days prior to the date when such tetmination shall become effective. In the
event of such termination, and on the effective date of such termination, Sublessor shall
return to the Sublessee without interest any unearned rent that the Sublessee has paid in
advance.
XVII. No Smoldn�Policy. The Sublessee agrees to abide by the No Smoldng policy of the West
Seventh Community Center.
• XVIII. Statistical and Non-Confidential Information. The Sublessee agrees to furnish the
Subiessor with such statistical and non-confidential information as may be required
for determining the appropriateness and effectiveness of the services provided by the
Sublessee.
XIX. Amended. Anything herein contained to the contrary notwithstanding, this Lease may be
terminated, and the provisions of this Lease may be, in writing, amended by mutual consent
of the parties hereto.
CJ
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�REOF, the parties hereto have set their hands and seals the day and year in
�ove-written.
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Mayor �
City Clerk
Director of Finance an Management Service :�
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City Attorney (Form Approval) �
Sublessor
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