LAND LEASE AGREEMENT

BETWEEN THE COUNTY OF CHAMPAIGN AND THE CHAMPAIGN COUNTY HUMANE SOCIETY

This lease agreement is made and entered into this 18ti1eday of November, 2010, by and between the County of Champaign (hereinafter referred to as “Landlord") and the Champaign County Humane Society (hereinafter referred to as "Tenant”).

ARTICLE I Premises

Landlord does hereby lease to Tenant a tract or parcel of land, containing 3 acres, more or less, situated in Champaign County, State of Illinois, more particularly described as follows:

Commencing at the intersection of the South right-of-way line of East Main Street in the City of Urbana, Illinois, with the East line of Section 16, Township 19 North, Range 9 East of the 3rd Principal Meridian; thence South a distance of 583’ along the East line of said Sec. 16 to the point of beginning; thence West a distance of 470’ along a parallel of the East Main Street South Right-of-Way line; thence South a distance of 278.04’ parallel with the East line of said Sec. 16; thence East a distance of 470’ along a parallel of the East Main Street South Right-of- Way line to a point in the line of the East line of said Sec. 16 to the point of beginning, at the corner of a tract described in Book 648, Page 40 of the Champaign County Recorder's Office.

ARTICLE II Term

This lease agreement shall commence January 1, 2012 and continue through and including December 31, 2016, unless sooner terminated or extended by written agreement of the parties, with an option to renew for another five-year term if notice of intent to renew is provided to the Landlord no later than October 1, 2016^ subject to agreement regarding any change in the rental rate.

ARTICLE III Rent

Rent for the said premises shall be at the following rate: $541.67 per month for the entire term of the lease which is equal to an annual rate of $6,500. If the Tenant seeks to renew this Lease for a second five-year term as set forth in Article II, the rent for the second term shall be negotiated by the parties at the time before the renewal is executed. In the event the parties do not agree to the rental rate for the subsequent term prior to November 1. 2016. the option to renew shall be deemed to have been waived.

ARTICLE IV Use of Lease Premises

1.            Tenant shall have the right, during the existence of this lease, to attach fixtures, and erect structures or signs, in or upon the premises hereby leased, in accordance with applicable laws. The fixtures and structures, or signs, so placed in, upon, or attached to the said premises shall be and remain the property of the Tenant and may be removed, abandoned or otherwise disposed of by the Tenant.

2.            Tenant is granted an easement of access through County property to the leased premises. Access to the leased premises shall be solely by way of a driveway off of S. Art Bartell Drive on the County’s Property. The Landlord will be responsible for maintenance of the S. Art Bartell Drive, the Tenant will be responsible for maintaining the driveway to its facility off of S. Art Bartell Drive.

3.            The Landlord granted an easement for sanitary sewer purpose to the Tenant as indicated on the map, attached as Exhibit 1 and incorporated herein. The Tenant has been granted authority to tap into the Landlord’s sewer line serving County facilities at the Tenant’s expense. The Tenant shall not permit any further extension of the line, or use by any other entity without the express written permission of the Landlord. The Tenant shall arrange and be responsible for separate sanitary sewer billing from the Urbana-Champaign Sanitary District. The Tenant shall be responsible for any tap-in fees which may be charged by the Sanitary District. The Tenant shall be liable for all property damage on or to the property as a result of the installation or subsequent use of the tap-in line.

4.            Easements for any other utilities shall be mutually agreed upon in writing by the parties.

5.            The Landlord retains the right of entry at all reasonable and necessary times with reasonable notice to the Tenant to inspect the premises and to make necessary repairs to the premises.

6.            The Tenant is responsible and liable for any ordinance, statutory or regulatory violations that result from Tenant’s use or misuse of the property.

ARTICLE V Subletting and Assignment

Tenant shall not assign, mortgage, pledge, or encumber this lease, or sublet the said lease premises or any part thereof, without first obtaining the written consent of Landlord.

ARTICLE VI Insurance

Tenant shall indemnify and hold the Landlord harmless for any liability which the Landlord may incur because of the Tenant’s activities or use of this property or because of the activities or use by persons involved or permitted to use the property by the Tenant.

ARTICLE VII Cumulative Remedies and Waiver

The specified remedies to which Landlord may be entitled under the terms of this lease agreement are cumulative, and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant as to any provision of this lease agreement. The failure of Landlord to insist on strict performance of any covenant or condition of this lease agreement, or to exercise any option herein contained, shall not be construed as a waiver of such covenant, condition, or option in any other instance. No waiver by Landlord of any provision of this lease agreement shall be deemed to have been made unless made in writing and signed by Landlord.

ARTICLE XVIII

Partial Invalidity

Should any provision of this lease agreement be or become invalid or unenforceable, the remaining provisions shall be and continued to be fully effective.

ARTICLE XIX Successors

All of the terms and provisions of this lease agreement shall be binding upon and inure to the benefit of and be enforceable by and upon the representatives, successors and assigns of Landlord and Tenant.

ARTICLE XX Notices and Payments

All rent or other payments due by Tenant pursuant to this lease agreement shall be paid to Landlord at the office of the Champaign County Administrator, 1776 E. Washington St., Urbana, IL 61802, or such other place as Landlord may from time to time designate by written notice to Tenant. All notices required or desired to be furnished to Landlord by Tenant shall be in writing and shall be furnished by mailing the same by certified mail to Landlord, address to Champaign County Administrator, 1776 E. Washington St., Urbana, IL 61802. All notices from landlord to Tenant shall be in writing and shall be furnished by landlord by mailing the same by certified mail addressed to Champaign County Humane Society, 1911 E. Main Street, Urbana, IL 61802.

ARTICLE XXI Governing Law

This lease agreement shall be construed, enforced, and considered made in accordance with the laws of the State of Illinois.

ARTICLE XXII Titles

All titles, captions and headings contained in this lease agreement are for convenience only and shall not be taken into consideration in any construction or interpretation of this lease agreement, or any of its provisions.

ARTICLE XXIII

Entire Agreement

The terms of this lease agreement constitute the whole and entire agreement between the parties, and supersede any and all prior understandings, discussions, agreements or otherwise between the parties hereto with respect to the subject matter hereof.

ARTICLE XXIV Amendment 

No amendment to this lease agreement shall be effective unless it is in writing and signed by the parties

hereto.

IN WITNESS WHEREOF the parties have set their hands and seals the day and year first above written, in duplicate documents, each of which shall be considered to be an original.

COUNTY OF CHAMPAIGN Landlord

CHAMPAIGN COUNTY HUMANE SOCIETY Tenant

Mark Shelden County Clerk and Ex-Officio Clerk of the County Board