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D002352CITY OF SAINT PAUL . OFFICE OF THE MAYOR No: � �t�t��? 35 a ADMINISTRATIVE ORDER Date: �� � ADMINISTRATIVE ORDER, WfIEREAS, the o�ce of Libraries has negoriated an agreement to extend, through December 31, 2004, 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. n U APPROVED AS TO FORM �/VI.E( U�Q�x- 0`. Assist t City Attorney . Datl� ��` �� � � : I��a�35�, � West Seventh Community Center, Inc. 265 Oneida Street Saint Paul, MI�3. 55102-2883 SPACE USE AGREEMEI�3T This Space Use Agreement entered into 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". WITNES5ETH: 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/04 through 12i31/04 space in the West Seventh Community Center hereinafter referred to as the "Center" located at 265 Qneida Street in the City of Saint Paul, State of Minnesota, containing 784 square feet, hereinafter referred as the "Premises", for the sum of • $11,368.00 payable in equal monthly installments of $947.35 due on or by the first working day of each month, commencing Ol/Ol/04. The Administrator may increase the sum charged to each Renter during the duration of this lease ouly 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, whicta will be bitled segaratelyl, and grar4t's to the Renter the use ot 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, 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: (Specifzc Interat of Use far Premises) OPERATION OF PUBLIC LIBRARY BRANCH � subject to written and posted policy which may from time to time be established by the Administrator. F:ISpacelLeaseslLibraryleaseDl.doc Dooa35�, • (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 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 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 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 whole or in part due to the total or partial destruction of the Center by fire or other casualty, this Agreeraent 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 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. F: LSpacelLeaseslLabrarylease0a.doc 1J�o a�35� � (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 nat make necessary arrangements for delayed payment with just cause; (2) If the Renter shall fail to perform or comply with any o£ 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 `Vest Seventh Community Center which are attached. (14) A monthly energy surcBarge may be assessed for fluctuations in heating expenses that represent more than a 25% increase over the previous year's billing for the comparable tirae period. • F LSpacelLeaseslLrbraryleaseOJ doc �CO d 35� � IN WITNESS W�IEREOF, the parties hereto have set their hands and seals the day and year in this Lease first above-written. Department Director Date: City Attorney (Form Approval) � U Date: West Seventh Community Center, Inc. � ��._�.�i.Q �� R��' Christian Akale, Executive Director Date: � � — �-�" '- d � • F:LSpacelLeases�Librarylease04.doc � _J � �DDa35oZ, � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartrneM/office/council: Dake Initiatetl_ � � TE - T�ct�o�ogyanatvrar�aa�ementserv � 0&DEC-03 j Green Sheet NO: 205781 Contact Person & Phone: I I �eoartment sent To Person Inftial/Da[e i Dave Nelson �� � � 0 Technoloev and Manaeemeut S'� I � 68850 - p��9� I 1 Cilv Attornev : Meehan Rilev I ���' � Must Be on Council Agenda by (Date): Number , q � , 2 � ibraries I,eeWilliamson � l� / �3 ' For I Routing 3 �Iavor's Office I DeouN Mavor � Order �� � IPtthnolo2v and Manaeement S Real Estate Divlsion , i I I I 7ota1 # of Signature Pages _(Clip All Locations for Signature) I Action Requested: i To authorize a one yeaz extension of Lease Agreement LIB/02, which provides library space in the West Seventh Community Center. � idations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): LIB/02 will expire on December 31, 2003. r. � DEC U R 2003 Ativantasles If Approved: The library facility in the West 7th Community Center will continue to operate. DisadvaMaqes If Approved: None Disadvantaqes If Not Approved: The library facility wouid close. I Amount of 11368 Transaction: FundinqSource: QQ�-Q$402-02$2 CostlRevenue Budgeted: Activity Number: Financial information: (Expfain)