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HomeMy WebLinkAboutResolution #3700c RESOLUTION NO. 3700 A RESOLUTION APPROVING AN ANIMAL SHELTER AGREEMENT BETWEEN THE HUMANE SOCIETY OF FULTON COUNTY, (HSFC), THE COUNTY OF FULTON, (FULTON) AND THE CITY OF CANTON (CANTON). WHERAS, the Legal & Ordinance Committee has determined that it is necessazy and in the best interest of the City of Canton that the attached Animal Shelter Agreement be approved and entered into by the City of Canton; and, WHEREAS, the Canton City Council has made a similar determination. 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That this agreement is made by and between the Humane Society of Fulton County (HSFC), the County of Fulton (FULTOIV), and the City of Canton (CANTOl~. 3. That the Animal Shelter Agreement, a copy of which is attached, is hereby approved by the Canton City Council and the Mayor and City Clerk aze hereby directed to execute and deliver the same on behalf of the City of Canton. 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, IIIinois, and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 20th day of July , 2004, upon a roll call vote as follows: AYES: Aldermen Sarff, Harn, Carl, Hartford, Reed, j~lest. NAYS: None . ABSENT: Aldermen Nlolleck, Fillingham. APPROVED: Je ry M. Bo er, Mayor ATTEST: ~ ~ l Nancy Wh' es, City Cterk AGREEMENT FOR ANIMAL SHELTER This agreement is made by and between the Humane Society of Fulton County (HSFC), the County of Fulton (FULTON), and the City of Canton (CANTON). WHEREAS, FULTON and CANTON are separate units of local government, which provide animal control services, have their separate animal shelters and animal control officers. HSFC is anot-for-profit corporation which provides charitable services involving the humane treatment of animals within Fulton County, Illinois, and WHEREAS, Karen Threw, who is now deceased, was a long time resident of Fulton County with an interest in the humane treatment of animals and who provided in her Last Will and Testament for a specific devise to HSFC of approximately 22 acres in the Southeast corner of the Northeast quarter of Section 35 of Canton Township, Fulton County, State of Illinois subject to the following conditions and restrictions as contained in her Last Will and Testament: "1. The real estate is to be used as an animal shelter under a joint agreement with Fulton County, the City of Canton, and the Humane Society of Fulton County which shall provide for a cooperative venture between the county, city and the Society to construct and maintain an animal shelter on the property to be used jointly by Fulton County, the City of Canton and the Humane Society of Fulton County. The agreement for the joint operation of the animal shelter must be submitted to and approved by the Humane Society of Fulton County. The agreement shall not require the Society to have any involvement in animal control. 2. The Humane Society of Fulton County shall provide one-third of the cost of the construction of the animal shelter. 3. The shelter shall be constructed and completed within five years of October 24, 2000. 4. To the extent that the above restriction and conditions of this gift are not met or complied with, then said Twenty-Two acres more or less shall revert to and be part of the gift under said paragraph 2.3A to KEVIN TARTER and his brother MARK TARTER." WHEREAS, the Humane Society of Fulton County the County of Fulton and the City of Canton by and through their respective governing bodies desire to enter into this joint agreement for an animal shelter so that one can be constructed on the real estate devised to HSFC by Karen Threw for the welfare and care of dogs and cats in the City of Canton and the County of Fulton, and replace the animal shelters now owned and operated separately by the COUNTY and CANTON, Page 1 of 9 IT IS THEREFORE AGREED BY AND BEWEEN THE PARTIES AS FOLLOWS: 1. The parties shall endeavor through their joint efforts to have the animal shelter constructed by October 24, 2005. 2. HSFC shall provide one-third or more of the cost of the construction of the animal shelter. The remainder of the cost of construction and installation of necessary services and the furnishing of the animal shelter shall be from funds contributed by other private and public sources. The parties, through their members, officers and employees will assist to the best of their abilities in promotions as may be necessary to obtain sufficient contributions to complete the project in order to comply with the conditions of the Threw gift. In the event that funds for the project are insufficient and the conditions of the Threw gift are not complied with by October 24,2005, then this agreement shall terminate and the parties shall have no further obligations thereunder. 3. The design and construction and cost of the animal shelter shall be approved by the governing body of HSFC which shall at all times hold title to the subject real estate and all fixtures. 4. When the construction of the animal shelter is completed, HSFC shall lease the premises to the COUNTY and CANTON for use as an animal shelter. HSFC shall not have any involvement in animal control but shall have the use of office space in the animal shelter and appropriate access to the shelter to enable it conduct pet adoption programs and other programs of a like nature. The COUNTY and CANTON shall continue to employ their separate animal control officers for their respective territories. The terms of the lease shall be as follows: ANIMAL SHELTER LEASE A. PARTIES. At all times herein, unless the context requires otherwise, the Lessor shall be the Humane Society of Fulton County (HSFC), and the Lessees shall be the County of Fulton (FULTON) and the City of Canton, (CANTON). B. SUBJECT PREMISES. The premises which are the subject of this lease shall be the animal shelter constructed on the approximately 22 acres in the Southeast corner of the Northeast Quarter of Section 35 of Canton Township, Fulton County, State of Illinois, including the parking area adjacent thereto, the road(s) of access to the shelter and the area surrounding the animal shelter necessary to animal control purposes. It shall not include the remainder of the said 22 acres not used for animal control purposes and/or used for agricultural purposes. Page 2 of 9 C. TERM OF LEASE AND CONSIDERATION. The lease shall commence on the completion of the animal shelter on or before October 24, 2005 and when animals are first transferred to and cared for on the premises. This agreement and lease shall continue from the commencement of the lease until November 1, 2010. Thereafter, the lease shall be renewed annually on November 1 of each year unless one of the parties gives the other two parties written notice of termination at least ninety (90) days prior to the annual renewal date. The consideration for the lease from the Lessees shall be their performance of the agreements and covenants performed herein as well as their continuing to provide animal control services in their respective territories. D. DAY-TO-DAY OPERATING COSTS. The day-to-day operating costs of the animal shelter shall be the full responsibility of the COUNTY. CANTON shall contribute to the COUNTY for those day to day costs of operation annually the sum of $10,000.00 at the rate of $2,500.00 every three months beginning on November 1, 2005. The day-to-day operating costs shall include, but not be limited to, all utilities and services required for operation and normal and usual repairs and maintenance to the improvements. The COUNTY and CANTON shall each be separately responsible for the wages and expenses of their separate employees used for animal control. E. COUNTY'S OBLIGATIONS AS LESSEE. With respect to the improvements portion of the Leased Premises, the COUNTY Lessee agrees, at its sole expense, to: Maintain and repair and replace, the interior of the Building, the heating, air conditioning and air cooling equipment within or on the Building (i.e. HVAC) 2. Maintain, repair and replace (if necessary) any of Lessees' leasehold improvements constructed by Lessees' or their agents; and 3. Pay for all water, fuel, gas, electricity and other utilities used by the Leasees; and 4. Maintain adequate connections with the local water supply, sewage systems, gas, electrical and other utilities; maintain and repair and said systems and lines to the point where they enter the animal shelter. F. COUNTY'S AND CANTON'S OBLIGATIONS AS LESSEES. The COUNTY shall make any repairs, replacements or restorations to the Leased Premises not covered by paragraph E and those which are made necessary by reason of fire or other casualty, however cased. Upon termination of the lease the COUNTY shall restore the leased premises to its improved condition, normal wear and tear excluded. Page 3 of 9 G. ANIMAL CONTROL. The COUNTY and CANTON shall have the exclusive responsibility for all animal control associated with the leased premises. HSFC shall not have any involvement in animal control. H. WARRANTIES. HSFC, as Lessor, shall assign to the COUNTY as Lessee any claims against any contractor, supplier or other person for breach of contract or warranty relating to any construction, remodeling, alteration or reconstruction of the animal shelter insofar as Lessee are herein obligated to maintain, repair or replace same and shall permit Lessee in its discretion and at its expense to take legal action against such person or persons in the name of Lessor. HSFC, as Lessor, shall cooperate fully with the COUNTY as Lessee in asserting any such claim, and if any damages or other payments are received by Lessor as a result of such claim, Lessor shall pay the same over to Lessee. I. FEES. Any and all permit and inspection fees relating to the Leased Premises (including without limitation driveway fees) imposed by governmental authorities prior to the completion of construction shall be deemed an expense of construction. Any permit and inspection fees required after the commencement of the lease shall be deemed part of the day-to-day operating costs. J. PERFORMANCE. All maintenance, alterations, repairs and replacements shall be begun and completed within a reasonable time. K. ZONING. The parties shall cooperate in obtaining any required zoning for the operation of the animal shelter. L. HAZARD INSURANCE. The COUNTY as part of the day to day operating costs and as Lessee shall carry insurance on a "Comprehensive Replacement Cost Form" with a face amount equal to 100% of the replacement value of the Leased Premises, with a standard co-insurance endorsement of not less than 90%, and with a deductible of no more than Twenty-Five Thousand Dollars ($25,000.00) against loss or damage resulting from fire and other insurable casualties issued by an insurance company or recognized risk pool reasonably satisfactory to Lessor. The property insurance shall (a) cover and insure all buildings and improvements in the Leased Premises, (b) name as insured's or additional insured's each of the parties hereto and (c) not be able to be canceled or materially changed unless the parties are given written notice of such cancellation or change at least 15 days in advance. Before the beginning of the term of this Lease, which shall be the date of construction, is completed and the premises are first used as an animal shelter, the COUNTY shall deliver to HSFC a certificate of insurance that evidences the existence of the insurance required hereunder. The COUNTY, as Lessee, reserves the right to self-insure or provide coverage under a so-called blanket policy, and in that event any loss incurred, which is not otherwise covered, shall be a direct obligation of the COUNTY. Until construction is completed and the lease commences, HSFC shall carry an equivalent policy of insurance to cover the leased premises. Page 4 of 9 M. GENERAL LIABILITY INSURANCE. Each party shall maintain general liability insurance to cover that parties' employees and or members while those employees and or members are on the premises of the animal shelter. Employees of the COUNTY and CANTON shall be covered by their respective employer under their respective workman's comprehensive insurance policy. N. LESSEES' INDEMNITY. Lessees shall defend, indemnify and save harmless the Lessor, its agents and employees, against any liability, claim of liability and expense incurred as a result of the liability or claim of liability (including reasonable attorney's fees and costs of suit) whether for death, injury to persons or damage to property (i) occurring on or arising out of the use of the Leased Premises during the term hereof except if caused by any act or omission to act by Lessor, its licensees or contractors, their agents or employees, or (ii) arising out of any default by Lessor under this Lease, all subject to the provisions of Paragraph P hereof. O. LESSOR'S INDEMNITY. Lessor shall defend, indemnify and save harmless the Lessees, their officers, agents and employees, against any liability, claim of liability and expense incurred as a result of the liability or claim (including reasonable attorney's fees and costs of suit) whether for injury to persons, including death, or damage to property (i) occurring on the Leased Premises prior to the beginning of the term hereof except if caused by any act or omission to act by Lessees, their officers, agents or employees, or (ii) occurring on the Leased Premises during the term if caused by any act or omission to act by Lessor, its licensees or contractors, their agents or employees; or (iii) arising out of any default by Lessor under this Lease, all subject to the provisions of Paragraph P hereof. P. RELEASE OF CLAIM; SUBROGATION. Lessor hereby releases and discharges Lessees, their agents and employees of and from all liability to Lessor and to anyone claiming by, through or under Lessor on account of any loss or damage resulting from or arising out of any fire or their casualty, however caused, excepting only if caused by the intentional acts of said Lessee, its agents, servants or employees. 2. Lessees hereby release and discharge Lessor, its agents and employees of any from all liability to Lessees and to anyone claiming by, through or under Lessees on account of any loss or damage resulting from or arising out of any fire or other casualty, however caused, excepting only the intentional acts of Lessor, its agents, servants or employees. Page 5 of 9 Q. RESTORATION. If the Leased Premises is damaged or destroyed by fire or other casualty, COUNTY shall at its expense repair and restore the Leased Premises so as to be substantially the same as prior to such damage or destruction. COUNTY shall begin such repairs or restoration within Thirty (30) days from the date of such fire or other casualty and shall complete said repairs or restoration within ninety (90) days from said date. The dates by which Lessees are to begin and complete said repairs or restoration shall be deferred for a period equal to any delay caused by reason of labor controversy, act of God, fire or other casualty, governmental regulations or other cause beyond the reasonable control of Lessees, provided Lessees have from time to time in writing kept Lessor fully advised of such delays and the cause thereof. In the event Lessees are required to repair and restore the Leased premises, Lessor shall assign and deliver to Lessees the casualty insurance proceeds disbursed as a result of damage or destruction to the Leased Premises pursuant to casualty insurance required to be obtained by Lessees under this Lease. R. EMINENT DOMAIN. 1. Total. If the entire Leased Premises is taken under the power of eminent domain, this Lease shall terminate on the date the COUNTY and CANTON are deprived of possession pursuant to such taking. 2. Partial. If under the power of eminent domain, any part of the animal shelter or Thirty percent (30%) or more of the total parking area of the Leased Premises is taken or if any access to the Leased Premises is taken by one or more takings, then, in any such event, the COUNTY and CANTON may terminate the Lease by giving HSFC no less than ten (10) days written notice thereof at any time after the date of such taking and before the expiration of Ninety (90) days from the date the COUNTY and CANTON are deprived of their right to use said portion of Leased Premises, pursuant to such taking. S. HAZARDOUS MATERIAL. As used herein, the term "Hazardous Material" means petroleum products, asbestos, tetrachloroethylene; polychlorinated benzyls; polychlorinated .biphenyls; nuclear waste, underground storage tanks and any other hazardous or toxic substance, material or waste, which is or becomes regulated by any applicable federal, state or local laws, rules or regulations pertaining to any Hazardous Material (collectively "Environmental Laws"), whether originating from the Leased Premises, or migrating, flowing, percolating, defusing or in any way moving onto or under the Leased Premises. Page 6 of 9 1. Lessees' Activity. Lessees shall not engage in any activity on or about the Leased Premises that violates any Environmental Laws. Subject to Lessees' right to contest any claim and/or cause of action based on Lessees' alleged violation(s) of Environmental Laws, Lessees shall promptly, at Lessees' expense, take all investigative and/or remedial action required or ordered by any governmental unit or agency as to any contamination of the Leased Premises created by Lessees that violates any applicable Environmental Laws. Lessees shall indemnify and hold Lessor, its agents, employees, lenders and the Leased Premises harmless from any and all costs, claims, expenses, penalties and attorneys' fees arising out of a breach by Lessees of its covenants in this Section, including but not limited to, the investigation, remediation and/or abatement of any contamination therein involved. 2. LESSOR'S RESPONSIBILITIES. Lessor and Lessees agree as follows with respect to the existence or use of Hazardous Material on the Leased Premises: A. Lessor hereby represents, warrants and covenants to Lessees that, to its best knowledge, (i) The Leased Premises is, as of the commencement of the term, (A) in compliance with all applicable Environmental Laws; and (B) free of any Hazardous Material in, on or under the Leased Premises except for those that are commonly used in Leased Premises facilities and in reasonable amounts. (ii) Lessor shall be responsible for all costs incurred in complying with any order, ruling or other requirement of any court or governmental body or agency having jurisdiction over the Leased Premises requiring Lessor and/or Lessees to comply with any Environmental Laws in, on or about the Leased Premises including, without limitation, the cost of any required or necessary repair, cleanup or detoxification in the preparation of any closure or other required plans, excluding however, any such cost relating to Hazardous Material on the Leased Premises established to have been caused directly by Lessees' uses of the Leased Premises. (iii) Lessor shall indemnify, defend and hold Lessees, their officers, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, sum paid in settlement of claims, attorneys' fees, consultant fees and expert fees and costs of suit) caused by, arising out Page 7 of 9 of or related to (A) the breach of any representation, warranty or covenant of Lessor contained herein or (B) Hazardous Material in, or about the Leased Premises other than Hazardous Material established to have been caused directly by Lessees' use of the Leased Premises, or (C) any such Hazardous Material with respect to which any court or governmental body or agency having jurisdiction over the Leased Premises holds Lessor and Lessees responsible for or otherwise requires Lessor and/or Lessees to undertake any repair, cleanup, detoxification or other remedial action, excluding, however, Hazardous Material on the Leased Premises established to have been caused directly by Lessees' use of the Leased Premises. T. WAIVER. The failure of Lessor or Lessees to insist upon strict performance by the other of any of the provisions of this Lease or to exercise any option herein conferred shall not be deemed as a waiver or relinquishment for the future of any such provision or option. U. INTERPRETATION. All provisions hereof are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each section hereof. The necessary grammatical changes required to make the provisions of this Lease apply in the plural sense where there is more than one lessor or lessee. The captions of the articles and sections contained herein are for convenience only and do not define, limit, construe or describe the scope or intent of such articles or sections. If any provision of this Lease shall be held invalid, the validity of the remainder of the Lease shall not be affected thereby. V. EXHIBITS AND ENTIRE AGREEMENT. All exhibits referred to in and attached to this Lease are hereby made a part of this Lease. This Lease and the Exhibits attached hereto reflect the entire agreement of the parties concerning the Leased Premises, and no representations, inducements or agreements, whether oral or otherwise, between the parties not contained in this Lease shall be of any force or effect. W. SUCCESSORS-NONASSIGNABLE. This Lease shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns, and the covenants, agreements, conditions and undertakings in this Lease shall be construed as covenants running with the land. No third party, other than such successors and assigns, shall be entitled to enforce any or all of the provisions of this Lease or shall have any rights under this Lease whatsoever. This lease is not assignable without the express written consent of the parties. X. GOVERNING LAW. This Lease shall be construed and enforced pursuant to the laws of the State of Illinois. Page 8 of 9 Y. COORDINATION OF SERVICES. During the term of the Lease, duly authorized officers of the parties shall meet not less oxen than every two months to coordinate the services provided at the animal shelter by the COUNTY CANTON, and HSFC. 5. The Humane Society of Fulton County represents that its governing board approved this agreement by resolution at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit A. 6. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit B. 7. The City of Canton, of Fulton County represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit C. 8. This agreement is signed in triplicate and entered into by the parties this day of , 2004. (Signatures) Hu a Society of Fulton County County f Fulton .-J, Its Its Attested t=~~ Attested b ~ ' City of Canton Its Attested by Page 9 of 9 A regular meeting of the Canton City Council was held on July 20, 2004 in the Council Chambers at the Historic Depot, 50 North 4~' Avenue, Canton, Illinois. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES. Mayor Bohler asked for roll call at 6:30 p.m. Present -Aldermen Larry Sazff, Elny Hare, Les Carl, Jim Hartford, Rick Reed, & Craig West. Absent -Aldermen Bob Molleck, & Mary Fillingham. MINUTES OF JULY 6~, 2004 COUNCIL MEETING. Motion and second by Aldermen West/Reed, the minutes of July 6`'', 2004 be accepted and placed on file. Voice vote, motion carried unanimously. TREASURER'S REPORT. Motion and second by Aldermen Hartford/Cazl, to accept the Treasurer's Report. Discussion. City Treasurer Patty Beaird Franzoni mentioned that on the report there was posted twice the amount of $77,000 for the Water/Sewer Fund. Voice vote, motion carried unanimously. BILLS FOR JUNE. Motion and second by Aldermen Hartford/Cazl, all bills properly approved be paid. Roll call. AYES -Aldermen West, Reed, Hartford, Carl, Harn, Sazff. NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion carried. COMMITTEE REPORTS: Finance. Council Action Motion and second by Aldermen Hartford/Harn, to approve of low bids from Praxair and Ulrich Chemical, Inc. (Praxair for only Liquid Cazbon Dixiode and (C02), and Ulrich Chemical, Inc awazded all the other chemicals.) Roll call. AYES -Aldermen Sazff, Harn, Carl, Hartford, Reed, West. NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion carried. Motion and second by Aldermen Hartford/West, the FY 2005 WIRC (Western Illinois Regional Council) membership fee for the 2000 population of 15,288 x per capita = $7,644.00, be approved. Roll call. AYES -Aldermen West, Reed, Hartford, Carl, Hazn, Sazff. NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion carried. Legal & Ordinance. Council Action None. 1 Council meeting 7-20-04 Community & Industrial Development. Council Action None. Negotiations, Grievance & Personnel. Council Action None. COMMUNICATIONS FROM MAYOR BOHLER. Motion and second by Aldermen Sazff/Hartford, the appointments of Seth Campbell and Kyle Hilton for Auxiliary Police be confirmed. Discussion. Police Chief Don Edwards mentioned that Seth has completed law enforcement training and Kyle is studying at Spoon River College in law enforcement. Don feels they will be very valuable to the department. Voice vote, motion carried unanimously. OLD BUSINESS: None. NEW BUSINESS: RESOLUTION -APPROVING AN AGREEMENT OF AN ANIMAL SHELTER BETWEEN THE HUMANE SOCIETY OF FULTON COUNTY, THE COUNTY OF FULTON, AND THE CITY OF CANTON. First reading, read by title. Motion and second by Aldermen Hartford/West, the resolution be adopted. Discussion. Alderman Reed expressed his thoughts and said he hopes the venture will be successful. Roll call. AYES -Aldermen Sazff, Harn, Carl, Hartford, Reed, West. NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion carried. Resolution being #3700. RESOLUTION -AMENDING THE PERSONNEL POLICY. First reading, read by title. Motion and second by Aldermen Sazff/Reed, the resolution be adopted. Roll call. AYES -Aldermen West, Reed, Hartford, Cazl, Harn, Sazil: NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion carried. Resolution being #3701. RESOLUTION - APPROVING A HEALTH/FITNESS AGREEMENT WITH THE CANTON FIRE DEPARTMENT. First reading, read by title. Motion and second by Aldermen Harn/Sazff, the resolution be adopted. Roll call. AYES -Aldermen Sarff, 2 Council meeting 7-20-04 Harn, Carl, Hartford, Reed, West. NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion carried. Resolution being #3702. EXECUTIVE SESSION -NEGOTIATIONS, GRIEVANCE & PERSONNEL - PUBLIC WORKS CONTRACT. Motion and second by Aldermen Reed/Cazl, to go into executive session to discuss Public Works Contract. Roll call. AYES -Aldermen West, Reed, Haztford, Cazl, Harn, Sazff. NAYS -None. 6 AYES, 0 NAYS, 2 ABSENT. Motion cazried. The regular scheduled council meeting convened for an executive session at 6:42 p.m. The minutes of the Executive Session for discussing Public Works Contract aze on file in the office of the City Clerk for review. The Executive Session for Public Works Contract reconvened in open session at 7:16 p.m. to adjourn the meeting. Adjournment. Motion and second by Aldermen Hartford/Cazl, to adjourn. Voice vote, motion carried. The regular scheduled council meeting adjourned at 7:16 p.m. Nancy Whit City Clerk APPROVED: ' ry M. Bohler, Mayor Y. COORDINATION OF SERVICES. During the term of the Lease, duly authorized officers of the parties shall meet not less often than every two months to coordinate the services provided at the animal shelter by the COUNTY, CANTON, and HSFC. 5. The Humane Society of Fulton County represents that its governing board approved this agreement by resolution at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit A. 6. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit B. 7. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit C. 8. This agreement is signed in triplicate and entered into by the parties this day of , 2004. (Signatures) Humane Society of Fulton County County of Fulton Its Attested by_ City of Canton Its Attested by _ Its Attested by Page 9 of 9 Y. COORDINATION OF SERVICES. During the term of the Lease, duly authorized officers of the parties shall meet not less often than every two months to coordinate the services provided at the animal shelter by the COUNTY CANTON, and HSFC. 5. The Humane Society of Fulton County represents that its governing board approved this agreement by resolution at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit A. 6. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit B. 7. The City of Canton, of Fulton County represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit C. 8. This agreement is signed in triplicate and entered into by the parties this day of , 2004. (Signatures) Humane Society of Fulton County County of Fulton Its Attested by City of Canton Its Attested by Its Attested by Page 9 of 9 Y. COORDINATION OF SERVICES. During the term of the Lease, duly authorized officers of the parties shall meet not less often than every two months to coordinate the services provided at the animal shelter by the COUNTY, CANTON, and HSFC. 5. The Humane Society of Fulton County represents that its governing board approved this agreement by resolution at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit A. 6. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit B. 7. The County of Fulton represents that its governing board approved this agreement by resolution/ordinancepassed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit C. 8. This agreement is signed in triplicate and entered into by the parties this day of , 2004. (Signatures) Humane Society of Fulton County County of Fulton Its Its Attested by_ City of Canton Its Attested by _ Attested by Page 9 of 9 Y. COORDINATION OF SERVICES. During the term of the Lease, duly authorized officers of the parties shall meet not less often than every two months to coordinate the services provided at the animal shelter by the COUNTY, CANTON, and HSFC. 5. The Humane Society of Fulton County represents that its governing board approved this agreement by resolution at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit A. 6. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit B. 7. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit C. 8. This agreement is signed in triplicate and entered into by the parties this day of , 2004. (Signatures) Humane Society of Fulton County County of Fulton Its Attested by City of Canton Its Attested by Its Attested by Page 9 of 9 Y. COORDINATION OF SERVICES. During the term of the Lease, duly authorized officers of the parties shall meet not less often than every two months to coordinate the services provided at the animal shelter by the COUNTY, CANTON, and HSFC. 5. The Humane Society of Fulton County represents that its governing board approved this agreement by resolution at a duly called meeting on the day of , 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit A. 6. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit B. 7. The County of Fulton represents that its governing board approved this agreement by resolution/ordinance passed at a duly called meeting on the day of 2004. A copy of the minutes of the meeting reflecting the approval is attached as Exhibit C. 8. This agreement is signed in triplicate and entered into by the parties this day of , 2004. (Signatures) Humane Society of Fulton County County of Fulton Its Attested by Its Attested by City of Canton Its Attested by Page 9 of 9