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eighty-twa dollars and fifty cents ($382.50) per month (based on $12 per square foot with the Leased <br />Space occupying 382.5 square feet); payable in'advance prior to the first of each month, without <br />deduction or set-off, commencing January 1, 2010. , . I . 9 <br />2.2 FIRST PAYMENT. With the first payment, the Tenant shall pay the first month's rent <br />plus a one month security deposit to the Landlord which shall be retained as a damage deposit and <br />applied to the last months lease (December 2010) contingent on no damage to the lease space. For <br />the purposes of this Lease, the Term "lease year" shall mean the 12 month period of January 1, 2010 <br />through December 31, 2010. Total amount due prior to January 1, 2010 is seven hundred and sixty <br />five dollars and zero cents $765.00). <br />2.3 NIHCA/VANCO. As additional consideration for this Lease Agreement, Tenant will <br />provide the health insurance membership options which means the New Brighton Parks and <br />Recreation Department will receive this service if wanted and will be exempt from payment of <br />NIHCA yearly fee (approximately $399 per year) and VANCO yearly fee (approximately up to $45 <br />per month or $540 per year). For purposes of this lease, NIHCA/VANCO program begins January 1, <br />2010. In the event Tenant replaces VANCO with another processor, Tenant will provide the <br />equivalent service with equal value from the successor processor at no expense to the Landlord. <br />2.4 ADDITIONAL RENT. Any other charges to be paid by Tenant pursuant to the <br />provisions of any other sections of this Lease shall be designated as "additional rent". Failure of <br />Tenant to pay "additional rent" shall give Landlord the right to declare an event of default. <br />2.5 RENT DELINQUENCIES. Should the Tenant, for any reason whatsoever, fail to pay, <br />when the same is due and payable, any "minimum rent", and/or "additional rent" and should said rent <br />not be paid prior- to the first of the month, Tenant shall pay a late penalty of $50. An additional <br />charge of $50 will take place for every 30 days the payment is late after the first of the month. <br />ARTICLE III - USE OF PREMISES <br />3.1 TENANTS USE. During the term of this Lease, the Leased Space shall be used <br />solely for the purpose of administrative purposes for the Tenant and for no other purpose without <br />prior written consent of Landlord. <br />3.2 COMPLIANCE WITH LAWS AND REGULATIONS. <br />(a) Tenant covenants and agrees that at all times during the term hereof it will . <br />maintain and conduct its business insofar as the same relates to the occupancy of the Leased Space in <br />such a manner and under such regulations as to be in strict compliance with any and all applicable <br />governmental and/or quasi -governmental laws, rules, regulations and orders, as well as any and all <br />applicable provisions of insurance underwriters of insurance of the Leased Space or of the Family <br />Service Center. <br />(b) Tenant hereby agrees to operate its business in accordance with the Americans <br />with Disabilities Act (ADA), codified at 42 U.S. sections 12101 et s2g. Among other requirements <br />that may apply to the Leased Space, Title III of the ADA requires owners and tenants of "public <br />2 <br />