D001230CITY OF SA1NT PAUL
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OFFICE OF THE MAYOR
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ADMINtSTRATIVE ORDER
ADNffiv15TRATTVE ORDER,
Date: ���-`"��
WHEREAS, Libraries have, since 1987 with Lease Agreement LIB/2, leased space in the West Seventh
Recreation Center to provide library services; and
WI3EREAS, LIB/2, expired on December 31, 1996;
TI3EREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to
execute L.ease Agreement LIB/2.
APPROVED AS TO FORM
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Assistant City Attomey
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ministrative Assistant to Mayor � ;�'41
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T.M.S./REAL ESTATE DIVISION �te: 5/5/97 Green Sheet Number: 40046
faM Petson and Phone N�unber: 1 EPAR11��7T DIRECTOR R7'Y COIINCII.
Dave Nelson 266-8850 �� 2�" � 4 ��
^ , UDGET DIItECT'OR 3 FFICE OF FINAN(:TAL SVCS.
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nst be m Cwu�u1 enda b• 1
A8 Y• � � i.. YOR (OR ASSISTANn 5 AL ESTATE DIVISION
OTAL # OF SIGNAT[JRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTED:
To approve Lease Agreement LIB/2 of space in the West Seventh Communitq Center for the
West 7th Popular Library. Ref: 1. Administrative Order approving lease; 2. Sample copy of
Lease Agreement LIB/2.
COMMENDATIONS: APPROVE (A) OR REIECT (R) gRSpNAL SERVSCE CQNTRACTS NiCJSf ANSWER TFIE FOLLOWING:
1. Has fhe persa�/5rm ever worked under a contract for tltis depflrhnent? YFS NO
PL4NNING CO.�LNISSION A SfqFF
. Has this person/firm ever been a City employee? YES NO
CIV6 SERVICE COMM1ll5S10N
' . Dces this persoN£rm passess a sldR not normelly possessed by any YES NO
curren[ City employee?
CIB COMMIYTEE
E ain all YES answers on a se rate sheet and attach.
SUPPORTS WHICH COUNCIL OB3ECTIVE?
COUNCIL WARD(S) � DISTRICT PLANMNG COUNCIL 9
[HITIATING PROBLEM, ISSUF., OPPORTiJNITY (Who, What, 4Vhen, 4Vhere, 4Vhy?):
Th prior Agreement er.pired on December 31, 1996.
DVANTAGES TF APPROVED:
Library services will continue iu the West 7th location.
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r�ECEIVED MAY ] 3 �g�
ISADVANTAGES IF APPROVED: 6 IAY Z O I�JI '�� A�� � q
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None C(TY CLERK
DISADVANTAGES IF NOT APPROVED:
Library services would be discontinued at that location.
OTAL AMOUNT OF TRANSACTION: �%� COSL/REVENUE BUDGETED (CIRCLE ONE) YES NO
F[7NDINGSOURCE: ACTIViTYNUMBER: �Q��o3��J
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ANCIAL INEORMATION: (EXPLAINI
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West Seventh Community Center, Inc.
265 Oneida Street
Saint Paul, MN. 5 5 1 02-28 8 3
SPACE USE AGREEMENT
This Space Use Agreement entered into this day of , 19
by and between the West Seventh Communitp Center, Inc., hereinafter referred to as the
"Admin'istrator"and Librarv, hereinafter referred to as the "Renter".
WIINESSETH:
That said AdminisYrator, in consideration of the covenants contained in this agreement,
and far aiher good and vatuable considerations, the receipt and sufficiency whereof are
hereby acknowledged, hereby agrees with the Renter, as follows:
(1) The Administrator hereby leases to the Renter, for the period from Ol/Ol/97 through
12/31/97 space in the West Seventh Community Center hereinafter referred to as the
"Center" loeated at 265 Oneida Street in the City of .Saint Paul, State of Minnesota,
containing 784 sauare feet, hereinafter referred as the "Premises", for the sum of $7,683.76
payable in equal monthly instailments of $640.31 due on or by the tirst working day of each
month, commencing Ol/01/97. The Administrator may inerease the sum charged to each
• Renter during the duration of�this lease only to the extent of increased operating costs.
Such increase shall become effective after sixty (60) days notice in writing has been given to
the Renter.
(2) The Administrator shall provide maintenance and utilities (except telephone service,
which wili be billed separately), and grants to the Renter the use of spaces once a month in
the Center designated for common use, such use to be approved and scheduled first with
the Administrator. More frequent use of common spaces in the Center, beyond once a
month, wili be billed separately to renters on the foilowing per use scale: $5.00 for less than
fifteen (15) participants, $10.00 for fifteen (15) to twenty frve (2� participants, and $15 for
twenty six (2� or more participants. The Renter agrees to use the Premises for the
following purposes: �
(8pecific Intent of Use for Premises)
OPERATION OF WEST 7TH POPULAR LIBRARY
subject to written and posted policy which may from time to time be established by the
Administrator.
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• (3) The Renter shall provide all furnishings and equipment necessary to operate its
services. The Renter shall not incur anp further or add additional eapense with respect to
the Premises unless specifically authorized by the Administrator in writing.
(4} Renter agrees tfiat ifs statt'wilI cooperate with the Adminisfrator and other tenanfs
and personnel of the Center to the end that an integrated program wfll emanate from the
Center.
(� Renter agrees to fumish the Administrator with such statistics and non-confidential
information as Administrator may require for determining the use being made by the
Renter of the Center and the effectiveness of programs emanaYing from the Center.
(6) The Renter agrees nat to post in the Center any signs, pectures, advertisements, .- -
banners, or decorations of any kind deemed offensive by the Administrator's Executive
Director.
{7) The Renter agrees to keep the Premises in an orderly, clean, and sanitary condition;
will neither do not permit to be done therein, anything in a manner constituting a nuisance
of any kind (nuisance shall mean a substantial unreasonable interferertce with another
persons use or enjoyment of the Center); will neither do no permit to be done tfierein,
anything in violation of the laws, regulations, or ordinances of any governmental body
applicable thereto, and will not make any structvral alterations, additions, changes or
• improvements therein without the prior consent of the Administrator. Administrator will
make all necessary repairs except those caused by the negligence of tfie Renter.
(8) The Renter will not assign this agreement and will not sublet the Premises or any
parE thereof, eacept as agreed to by the Administrator, in writing.
(9) In the event that the Premises becomes untenantable or unfit for occupancy in
whole or in part dne to the total or partial destruction of the Center by fire or other
casualty, this Agreement shall remain in full force and effect, with the understanding that
(I) if the Premises are totally destroyed and ihe Administrator shaif Pai[ within thirfy �3a}
days thereafter to agree in writing to restore the same within ninety {90) days, this
agreement•may be terminated by either party by notice to the other in writing; and no rent
shall be owing by Renter during such period of restoration; and (2} if fhe Premises are
partially destroyed, the rent shall be reduced in the proportion that the square footage
rendered untenantable bears to the whole of the original teased Premises, for so long as
square footage remains antenantable.
(10) The Administrator and the Renter shall release each other from aii liability or
responsfbility to Yhe 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 coverage's, even if
such fire or other event has 6een caused by the fault or negligence of the other party, ifs
• Directors, employees, or agents.
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(11) The Renter agrees that the Administrator may, at aA reasonable times, enter the
leased Premises to inspect the same or to make repairs therein,
(12) The Renter shall be bound by all eaisting or future agreement related to the
Premises between the Administrator and the City of Saint Paul, provided, however, that
the Administrator agrees to give notice to the Renter of any violation of such policies.
(13) This agreement shall be terminated, at the election of the Administrator, upon the
default of the Renter. Each of the following events shall constitute a default or breach of
this agreement 'ny the Renier: (ij Tf the Renter shall fail to pay the Administrator any rent
when rent shatl become due and shaII not make necessary arrangements for detayed
payment with just cause; (2) If the Renter shall fail to perform or comply with any of the
conditions of this agreement, and if the aon-performance shall continue for a period of
three (3) worlung days after notice thereof by the Administrator to the Renter, or if the
performance cannot be had within the three day period, the 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 the Renter shall vacate or abandon the Premises.
(14) The Renter shall give the Administrator notice of its desire to occupy the Premises
. for an additional Yerm sixfy (60) days prior to the expiration of the term of the existing
agreement
(15) This agreement may be terminated by Renter only upon sixty (60) days written
notice to the Administrator.
(16) Changes in the terms of this agreement may be made onty by written amendment
hereto to the Administrator.
(17) The West Seventh Community Center is a smoke-free facility. Renter agrees to
abide by this policy.
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• IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year in this Lease first above-writfen.
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Mayor
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City Clerk
Director of Finance and Management Service��
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Department Director
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City Attorney orm Approval)
Sublessor:
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