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<br />LEASE AMENDMENT <br /> <br />THIS AMENDMENT is made and entered into as of the a day of!ril. 2007, by and <br />between the City of New Brighton, a Minnesota municipal corporation ("Landlord"), and Academy <br />of BioScience Charter School, a Minnesota non-profit corporation ("Tenant"). <br /> <br />WITNESSETH: <br />The lease agreement between Landlord and Tenant made and entered into as of the 27th day <br />of February, 2007, for space in the Family Service Center of New Brighton located at 400 Tenth <br />Street N.W., New Brighton, Minnesota ("Lease Agreement") is amended as follows: <br /> <br />1. Paragraph 2.1 of the Lease Agreement is amended to read as follows: <br /> <br />2.1 RENT. During the tenn hereof Tenant agrees to pay to Landlord at 803 Fifth <br />Avenue Northwest, New Brighton, Minnesota 55112 or at such place as the Landlord may from <br />time to time designate in writing, "minimum rent" for the Leased Space of seventeen <br />thousand dollars and zero cents ($17.000.00) per month, payable prior to the first of each month, <br />without deduction or set--off, commencing August 1. 2007. If the amount of state aid received as <br />lease aid by Tenant exceeds seventeen thousand dollars and zero cents ($17,000.00) for any month, <br />either because of an increase in Average Daily Memberships (nwnber of pupils) or the per pupil <br />state aid for rent, or both, the excess amount over $17,000.00 will be paid to Landlord as additional <br />minimwn rent within seven (7) days of receipt thereof by Tenant from the State of Minnesota. The <br />maximwn number of pupils that will be allowed to occupy the Leased Premises during any month <br />of this lease will be the number derived by dividing $27,000 by the monthly per pupil state aid for <br />rent. Tenant will make available to Landlord its books and records relating to such state aid on <br />reasonable notice during normal business hours. <br /> <br />2. Paragraph 12.5 of the Lease Agreement is amended to read as follows: <br /> <br />12.5 GOVERNING LAW. The laws of the State of Minnesota shall govern the <br />interpretation, validity, performance and enforcement of this Lease. This lease is subject to <br />Minnesota Statutes, section 124D. 1 0, sulxlivision 23a. <br /> <br />IN WITNESS WHEREOF, the parties hereto have affixed their signatures, by their <br />authorized representatives, as of the day and year first above written. <br /> <br />LANDLORD: <br /> <br />CITY OF NEW BRIGHTON <br /> <br />By: <br /> <br />Steven H. Larson, Mayor <br /> <br />And by: <br />Dean Lotter, City Manager <br />