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D002533CITY OF SAINT PAUL � , � ADMINISTRATIVE ORDER, OFFICE OF THE MAYOR ADMINISTRATIVE ORDER rro: D00� nate: 9 O WHEREAS, the office of Libraries has negotiated an agreement to extend, through December 31, 2006, the term of Lease Agreement LIB/02 with the W est Seventh Community Center, Inc. for space to provide library services in the West Seventh Community Center; TFIEREFORE BE IT ORDERED, that the proper City officials are hereby authorized and d'uected to renew Lease Agreement LIB/2. • AS TO City •v �-��� �s Date pooa� �� �J • West Seventh Community Center, Inc. 265 Oneida Street Saint Paul, MN. 55102-2883 SPACE USE AGREEMENT This Space Use Agreement entered into by and beriveen Center, Inc., hereinafter referred to as the "Ad istrator" hereinafter referred to as the "Renter". WITNESSETH: ��� � That said Administratoi and for other good and hereby acknowledged, h� (1) The Administrator 1 through 12/31/06 space in t�' the West Seventh Communitv and Saint Paul Public Librarv, of t cov ants contained in this agreement, ' ns, e receipt and sufficiency whereof are e nter, as follows: leases to the Renter, for the period from Ol/Ol/06 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 $ 11,709.04 payable in equal monthly installments of $975.75 due on or by the first working day of each month, commencing Ol/Ol/06. 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 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 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, will be billed separately to renters on the following per use scale: $15.00 for less than fifteen (15) participants, $20.00 for �fteen (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 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. IIW�serverlwordLSpacelLeaseslLibrarylease06 dac D00 �-S� � (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) T6e 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 unTit 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 (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. . I I W7serverl word I Space I Leases I Librarylease 06. dac �QD 2-�� 3 � (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 defauit or breach of this agreement by the Renter; (1) If the Renter shall fail to pay the Administrator any reut 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 sha11 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 6ereto 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 flnctuations in heating expenses that represent more than a 25% increase over the previous year's billing for the comparable time period. • IIW7serverlwordLSpace ILeasesl Library[ease06.doc D OD�� � • IN WITNESS WI3EREOF, 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) Date• West Seventh Community Center, Inc. �� � � Christian Akale, Executive Director Date: � 1 � � � � II W7serverlwordVSpacel Leasesl Librarylease06.doc � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � [JOdo �33 PN( AablicWorks CantactPerson & DAVE H NELSON 266-8560 Must Be on Coum Total # of Signature Pages 20-SEP-0S y Assign Number For Routing Order Green Sheet NO: 3028085 0 ic Wo s �i cfate 40 C �1 1 ' ltorne Ci Attorne � 2 brnries I Li 3 favoY Ottice a HAoistant 4 e C' C e' 5 ublic Works L TA E 140 C (Clip NI locations fw Signature) Approve the Administrative Order to execute an one yeaz extension of Lease Agreemenc LIB/2 co provide litrrary services in the West Seventh Communiry Center. idations: Approve (A) or R Pianning Commission C�B Committee Civil Service Commission Gontracts 7. Has this personlfirrn ever worked under a contrect fortbis dspartment? Yas No 2. Hes this personlfirm ever been a city employee? Yes No 3. Does this personlfirm possess a skil� not normally possessed hy any curreM city employee? Yes No Explain aIl yes answers on separate sheet and attacfi to green sbeet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): The iease wiil expire December 31, 2005 Advantages !f Aparoved: Libcary service will continue a[ the Wes[ Seventh Community Center �v�!" f-� 1 GUU.1 �, ���r DisadvantaaeslfApnraved: None DisadvanWges If Not Approved: Ltbrary service woutd be discontinued. � }� N,e"" �r�'2,F'...� � SEP 2 � 2Q05 otal Amount of T�ansaction: Funding Sourca: Finaneial lnformation: (Ezplain) 11709.04 349-33452-0282 CosVRevenue Badgeted: Activity Number. ��4 FP�+�f?�±Y; �P�!� :.�.. • � �'. .�1��'.'.