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D00901C{TY OF SAINT PAUL � 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 ���� Assistant City Attomey • �126Ly` Date � k`�`�6 Department Head �\v� � ����� Administrative Assistant to Mayor F.M.S./REAL ESTATE DIVISION nate 3/21/96 Green She� N�ber. 34024 FPAKIIdPNl' DIItL+C1Y)R Q1Y QOUN(a. Risan and Phone Niomb� ,� .. 1 A11�ORNE?Y 3 C7.IItK e Nelson b6-8850 � n��ox z a�acGr.svcvm YOR (ORASS61TAN1) 4 ffil'A1E DNL40N n� oa c.o�n� t '.tjU�� { �f1V�D # OFQC�iA1URHPAC� i c��.�zo�POR��� APR 0 9 � C1ION _ �AY��'8 0'rFiC 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 _ ���• - 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. s t �'�, ISADVANPAGESIFAPPROVFD: a None �P� -� 91996 �4TY C�-E�� �uvnxrn�rs m xar nrrxov�: T 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 crnr, uuro�nTTOx: �ianv� � V� ✓ a==� . 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. � � v. �o � � 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. ���� • 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. � 1!• 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 ' � �REOF, the parties hereto have set their hands and seals the day and year in �ove-written. �, � �'�� o� ��� � � �� Mayor � City Clerk Director of Finance an Management Service :� ���v ��;'�4.,.� ;; �'_; ' .-.. ��-� o � � City Attorney (Form Approval) � Sublessor � \ it �,�,i��z �� Its Its . �