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D001881CITY OF SAINT PAUL �' • OFFICE OF THE MAYOR ADMWtSTRATNE ORDER ADNIINISTRATIVE ORDER, � ,)ri ; i Date: Z �� - d l�J WHEREAS, the office of Libraries has negotiated an agreement to extend, through December 31, 2000, the term of I,ease Agreement LIB/2 with the West Seventh Community Center, Inc. far space to provide library 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/2. APPROVED AS TO FORM ��lJl�wn�e� 3i/T/ o0 Assistant Ciry Attorney Departrnent Head • Date AdministraUVe Assistant to Mayor \� .M.S./REAL ESTATE DIVISION Date: March 30, 2000 reen Sheet Number: 104871 Dao� $ $ j tadPeisonandPlwceNamLei: � 2 EPARTMENTDIILECfOR CITPCOtINCIL uo Dave Nelson 266-8850 �� 1 ATT ���� Y �/ �i `� DDGEI'DIBECTOR FFICEOFFL�IANQALSVCS ost be on Coma7 Agenda by: 3 YOR (OR ASSISTAN'C) 4 FSTATE DI�'L40N OTAL # OF SIGNATIJRE PAGES 2�cr.saia. LocaTTOxs Foxsicxa�> clzox xE2uFS�rEn: To approve a continuation through December 31, 2000 of the space-use agreement between the West Seventh Community Center, Inc. and the Libraries. Ref: i. Administrative Order for signature; 2. Sample copy of Agreement LIB/2 for signature. CoMMENDATION& nYfROVE (A) oxRFJECT �R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING: . Has the person/firm ever worked mder a coptrac[ for tltis deparh�ient? YES NO PLANNINGCOMMISSION A STAFF . Has tltis perso�Snn ever been a Cily employee? YES NO C1VIL SERVICS COMMISSION . Does fltis perso�firm possess a slull not norn�ally possessed by any YES NO c�¢rent Cyty employee? CIB COMMITTEE Iain all YES amwers on a se azate sheet and attach. PORTS �i'HLCH COUNCIL EC1'IVE? ouivcn, waxv�s� 3 Dis�ucT rtA�xc cocmrcu, q TIATiNG PROBLEM, ISSUE, OPPORTUNSTY (K'ho, What, When, Where, �Vhy?): The agreement expired on December 31,1999. _ � -. VANTAGESIFAPPROV�D: �"��� �a �'� `��' ���� Library services will continue in the West 7th location. �����t�j� �� .� .. F .,.� � ISADVANTAGESIFAPPROVED: � � ������g�����`' None - " ISADVANTAGES IF NOT APPROVED: Library services wouid be discontinued at tl�at location. OTAL AMO�UNT OF TRANSACTION: $9�$OO.00 COST/REVENUD BUDGETED (CIRCLE ONE) �YES NO utc so�cE: General Fund AczivrrY ivrJnzeEx: ANCSAL INFORMATION: (EXPLAll� To be paid in monthly installments of $816.67 � West Seventh Community Center, Inc. 265 Oneida Street Saint Paul, MN. 55102-2883 SPACE USE AGREEMEi�TT This Space Use Agreement entered into this day of , 20 by and between the West Seventh Community Center, Inc., hereinafter referred to as the "Administrator" and Saint Paul Public Library, hereinafter referred to as the "Renter". WITNESSETH: That said Administrator, in consideration of the covenants contained in this agreement, and for other good and valuable considerations, the receipt and sufficiency whereof are hereby acknowledged, hereby agrees with the Renter, as foliows: (1) The Administrator hereby leases to the Renter, for the period from Ol/Ol/00 through 12/31/00 space in the West Seventh Community Center hereinafter referred to as the "Center" located at 265 Oneida Street in the City of Saint Paul, State of Minnesota, containing 784 square feet, hereinafter referred as the "Premises", for the sum of $9800.00 • payable in equal monthiy installments of $816.67 due on or by the first Fvorking day of each month, commencing Ol/Ol/00. The AdminisYrator may increase 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 will be biiled 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, wil[ be billed separately to renters on the following per use scale: $15.00 for less than fifteen (15) participants, $20.00 for fifteen (15) to twenty five (25) participants, and $25 for hventy six (26) or more participants. The Renter agrees to use the Premises for the following purposes: (Specifrc I�ite�:t of Use for Premises) OPERATION OF PUBLIC LIBRARY BRANCH � subject to written and posted policy which may from time to time be established by the Administrator. w • (3) The Renter shall provide all furnishings and equipment necessary to operate its services. The Renter shall not incur any further or add additional expense with respect to the Premises unless specifically authorized by the Administrator in writing. (4) Renter agrees that its staff �i�ill cooperate with the 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 the Administrator �vith such statistics and non-confidential information as Administrafor may require for determining the ase being made by the Renter of the Center and the effectiveness of programs emanating from the Center. (6) The Renter agrees not to post in the Center any signs, pictures, 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; wili neither do not �ermit to be done therein, anything in a manner constituting a nuisance of any kind (nuisance shall mean a substantial unreasonable interference with another persons use or enjoyment of the Center); will neither do no permit to be done therein, • anything in violation of the laws, regulations, or ordinances of any governmental body applicable thereto, and wili not make any structural alterations, additions, changes or improvements therein without the prior consent of the Administrator. Administrator wi❑ make all necessary repairs except those caused by the negligence of the Renter. (8) The Renter will not assign this agreement and will not sublet the Premises or any part thereof, except as agreed to by the Administrator, in �vriting. (9) In the event that the Premises becomes untenantable or unfit for occupancy in whole or in part due to the total or partial destruction of the Center by fire or other casualty, this Agreement shall remlin in full force and effect, with the understanding that (1) if the Premises are totally destroyed and the Administrator shall fail within thirty (30) days thereafter to agree in �r�riting 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 otving by Renter during such period of restoration; ancl (2) if the 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 leased Premises, for so long as square footage remains untenantable. (10 The Renter agrees to save and hold harmless the Administrator, the City� of Saint Paul Minnesota, and all other Renters in the Center from any and alf claims, �vhether valid or not, losses or expenses of whatever kind or nature, including reasonable attorney fees, � for negligent acts or omissions of the Renter, its employees and agents. For this purpose, the Administrator agrees to be covered by the Renter's now existing insurance policy with respect to public liability insurance. The Renter assumes no liabilin beyond the present • insurance policy. The Renter shall provide the Administrator �vith a certificate of such insurance prior to taking possession of the Premises, and shall instruct the insurer to notify the Administrator of a cancellation or change in the amount of insurance. (11) The Administrator ancl the Renter shall release each other from all liability or responsibility to the other or anyone claiming through each by subrogation or othenvise for any loss or damage to the property caused by fire or any of the estended coverage's, even if such fire or other event has been caused by the fault or negligence of the other party, its Directors, employees, or agents. (12) The Renter agrees that the Administrator may, at all reasonable times, enter the leased Premises to inspect the same or to make repairs therein. (13) The Renter shail be bound by all existing or future agreement retatecl to the Premises between the Administrator and the City of Saint Paut, pro�•ided, however, that the Administrator agrees to give notice to the Renter of any violation of such poticies. (14) This agreement shal! be terminated, at the election of the Administrator, upon the default of the Renter. Each of the following events shall constitute a ciefault or breach of this agreement by the Renter: (1) If the Renter shall fail to pay the Administrator any rent • when rent shall become due and shall ❑ot 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 non-performance shall continue for a period of three (3) working days after notzce 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 diiigently proceed to completion of performance; and (3) If the Renter shall vacate or abandon the Premises. (15) The Renter shall give the Administrator notice of its desire to occupy the Premises for an additional term sixty (60) days prior to the expiration of the term of the ezisting agreement. (16) This agreement may be terminated by Renter oniy upon sixh (60) days �r rittea notice to the Administrator. (17) Changes in the terms of this agreement may be made only br' «'ritten amendment hereto to the Administrntor. (18) The West Se�•enth Community Center is a smoke-Tree facilih. Renter agrees to abide by this policy. • i IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. Department Director City Attorney (Form Approval) CJ Sublessor: .1�.'.'/�� �ir.�. . �. � �� % Its President-Board of Directors �� ����-� — Its Associate Director •