D002241CITY OF SAINT PAUL
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OFFICE OF THE MAYOR
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ADMINISTRATIVE ORDER
ADMINISTRATIVE ORDER,
Date: - J � �
WHEREAS, the office of Libraries has negotiated an agreement to extend, through December 31, 2003,
the term ofLease Agreement LIB/02 with the West Seventh Community Center, Inc. for space to provide
library services to the West Seventh Community Center;
THEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and directed to
renew Lease Agreement LIB/02.
APPROVED AS TO FORM
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Assistant City Attorney
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• Date
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T.M.S./REAL ESTATE DIVISION Date: January 2, 2003 Green Sheet Number: 203946
�" Contact Person and Phone Number. � 2 DEP RTMENT DIRE� OR CTfY COUNCII.
Dave Nelson 266-8850 1 C17SATTORNEY crrrccuEiuc
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BUDGE7'DII2ECI'06 OFFICEOFFINANCIALSVCS.
Mus[ be on Council Agenda by: 3 Mqypg �pR ASSISTANI) 4 RF.AI. ESA'A1E DIVISION
TOTAL # OF SIGNATURE PAGES 1�cLS nu, i,ocaTTONS Foe sicrrnn�>
� AC170N REQUESTED:
To approve a one year extension of Lease Agreement LIB/2 to provide library services in the
West Seventh Community Center. Ref: 1. Administrafive Order for Signature; 2. Sample copy
'' of agreement.
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nernl.ma�mw�norvsnernovs���oxnc�r,cT� � PERSONALSERVICECONTRACI'SM[JSTANSWERTFIEFOLLOWING:
1. Has the person/firm ever worked under a contract for this deparlment? YES NO
PLA[i�iAiGCOMMISSIOY A S'IAFF
2. Has this person/firm ever been a City employee? YES NO
' crvn sexvice corunss�ox
3. Does this person/firm possess a skill not normally possessed by any YES NO
cmcomMirree current City employee?
Ex lain all YES answers on a se arate sheet and attach.
SUPPORTS WH[CH COUNCIL OBJECTIVE?
COUNCIL 3 DISTRICT PLANNING COUNCIL 9
RD S
TTIATING PROBLEM, ISSUE, OPPORTiINITY (Who, What, When, Where, Why?):
, The lease expired on December 31, 2002 �
� ADVANTAGESIFAPPROVED: � �
Library services will conHnue at the West Seventh Community Center. �N 0 3��
DISADVANTAGES IF APPROVED:
None
DISADVANTAGES IF NOT APPROVED:
Library services would be discontinued.
�, TOTAL AMOUNT OF "A'RANSACTION: $11 ,368.00 COST/REVENUE BUDGETED (CIRCLE ONE) YES NO
�vivnsre souxcE: 001-03402-0282 Acrn'�TY �vuMBER:
FINANCIAL INFORMATION: (EXPLAIN)
Monthly rent is $947.35.
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• West Seventh Community Center, Inc.
265 Oneida Street
Saint Paul, MN. 55102-2883
SPACE USE AGREEMENT
This Space Use Agreement entered into this 30th day of December, 2002 by and between
the West Seventh Community Center, Inc., hereinafter referred to as the "Administrator"
and Saint Paal 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 I2enter, as follows:
(1) The Administrator hereby leases to the Renter, for the period from Ol/Ol/03
through 12/31/03 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
$ll,368.00 payable in equal monthly installments of $947.35 due on or by the first working
• day of each month, commencing Ol/Ol/03. The Administrator may increase the sum
charged to each Renter during the duration of this lease only to the extent of increased
operating costs. Such increase shali 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 billed sepza ately), 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. NIore irequent 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:
(Specific Intent oj 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.
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• (3) The Renter shall provide all furnishings and equipment necessary to operate its
services. The Renter shall not incur any further or add addirional expense with respect to
the Premises unless specifically authorized by the Administrator in writing.
(4) Renter agrees that its staff will cooperaYe 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
information 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 govemmental 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 whole
or in part due 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 (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 (90j 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 partialiy
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 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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• (11) 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 existing 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 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 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 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.
(17) 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 energy 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 WHEREOF, the parties hereto have set their hands and seals the day and
year in this Lease frst above-written.
Department Director
City Attorney (Form Approval)
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West Seventh Community Center, Inc.
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Christian Akale, Executive Director
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