D002123CITY OF SAINT PAUL
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OFFICE OF THE MAYOR
ADMINISTRATIVE ORDER
ADMINISTRATIVE ORDER,
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Date: �l7`�
WHEREAS, the office of Libraries has negotiated an agreement to extend, through December 31, 2002,
the term of Lease Agreement LIB/02 with the West Seventh Community Center, Inc. for space to provide
library servicces in teh West Seventh Community Center;
TI3EREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to
renew Lease Agreement LIBn2.
APPROVED AS TO FORM
Assis City Attorney
Date
Departmenl
Administrative
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T.M.S./REAL ESTATE DIVISION Date: February 14, 2002 Green S eet Number: 111568
Contact Persm and Phone Number. 2 DEPAR7t�Ni DIItE Cl1'Y COI7NCII.
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ob Novak 266-8� 1 CITYAITORNEY nn�� . crncLeiex
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"'�"`" BiJDGE7DIItECIOR OFFICEOFFL�iAWCIALSVCS
Mast be on Council Agenda by: MAyOR (ORASSISTAN'i) `�, ESIATE DIYISION
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TOTAL # OF SIGNATi3RE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAT[TRE)
ACITON REQUESTED:
To approve an estension through December 31, 2002 of Lease Agreement LIBl02, which
provides private library services in the West Seventh Community Center. Ref: 1.
Administrative Order for approval. 2. Sample copy of Lease.
RECOMMEHDAT10N5: qPPNOVE (A) ORFFJECf (N PERSONAL SERVICE CON7'RACTS MUST ANSWER THE FOLLOWING:
1. Has the person/firm ever worked under a contract for this deparhneot? YES NO
na�ncconmvss�ox A sr,�a
2. Has this persoNfirm ever been a City employee? YES NO
crva senv�ce conmussFOx
3. Does this person/firm possess a skill not normally possessed by any YES NO
current City employee?
CB COMhD77'EE
Ex lain all YES aoswers on a se arare sLeet and attacL.
SUPPORTS WHICH COUNCIL OBJEC'ITVE?
OUNCIL 3 DISTRICT PLANNING COUNCIL ()
RD(S
INIT7ATING PROBLEM, ISSUE, OPPORTUNTI'Y (Who, What, When, Where, Why?):
The lease expired on December 31, 2001.
ADVANTAGES IF APPROVED:
Library services will confinue in the West Seventh Community Center. FE� !� E�dL
DISADVANI'AGES IF APPROVED:
N6ne
DISADVANTAGES IF NOT APPROVEp:
Library services would not continue.
TOTALAMOUNT OF'f�ANSACTION: $11�3(g.00 COST/REVENUE BUDGETED (CII2CLE ONE) YES NO
FuivuINCSOt�cE: _ 001-03402-0282 :�criviTY�umsex:
FINANCIAL IlVFORMATION: (EXPLAIl�
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• West Seventh Community Center, Inc.
265 Oneida Street
Saint Paul, MN. 55102-2883
SPACE USE AGREEMENT
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This Space Use Agreement entered into this lOfh day of December. 2001 by and between
the West Seventh Community Center, Inc., hereinafter referred to as the "Administrator"
and Saint Paul Public Librarv, 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 follows:
(1) The Administrator hereby leases to the Renter, for the period from Ol/Ol/02
through 12/31/02 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 snuare feet, hereinafter referred as the "Premises", for the sum of
$11,368.00 payable in equai monthly installments of $947.35 due on or by the first working
• day of each month, commencing Ol/Ol/02. The Administrator may increase the sum
charged to each Renter during the duration of this lease oniy 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 urilities (except telephone service,
which will 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 �svith
the Administrator. More frequent use of common spaces in the Center, beyond once a
month, will 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 twenty six (26) or more participants. The Renter agrees to use the Premises for the
following purposes:
(Specifcc Inte�et of' Use for Premises)
OPERATION OF PUBLIC LIBRARY BRANCH
subject to written and posted policy which may from time to time be estabiished by the
• Administrator.
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• (3) The Renter shall provide all fumishings 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 will 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 with such statistics and non-confidential
informafion as Administrator may require for determining the use 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;
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 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 will not make any structural 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 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 writing.
(9) In the event that the Premises becomes untenantable or unfit for occupancy in w5ole
or in part due to the total or partiai destruction of the Center by fire or other casuatty, this
Agreement shall remain 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 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 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 untenantabie.
(10) The Administrator and the Renter shall 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 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.
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• (il) The Renter agrees that the Administrator may, at all reasonable times, enter the
leased Premises to inspect the same or to make repairs therein.
(12} The Renter shall be bound by all egisting or future agreement related to the
Premises between the Administrator and the City of Saint Paul, provided, however, that
the Administrator agrees to give aotice 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 by the Renter: (1) If the Renter shall fail to pay the Administrator any rent
when rent shall become due and shall not make necessary arrangements for delayed
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 uotice 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 proe.eed
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 term sixty (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 only by written amendment
hereto to the Administrator.
(1� The West Seventh Community Center is a smoke-free facility. Renter agrees to
abide by this policy.
(18) Renter agrees to abide by the Non-Violence and Non Harassment Policies of the
West Seventh Community Center which are attached.
(19) A monthly energ,y surcharge may be assessed for fluctuations in heating expenses
that represent more than a 25% increase over the previous year's billing for the
comparable time period.
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IN WITNESS WI�REOF, the parties hereto have set their hands and seals the day and
year in this Lease first above-written.
Deparhnent Director
City Attomey (Form Approval)
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West Seventh Community Center, Inc.
Christian Akale, Executive Director
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