AG 2001 07 23 - Laserfiche WebLink

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127 DEAFT (A) The Ordinance, all provisions of which are hereby specifically incorporated herein by reference; and (B) The Proposal, a copy of which is on file at the Office of the County Manager, all provisions of which are hereby specifically incorporated herein by reference. 3. By accepting the rights hereby granted, Harrisburg Fire covenants that it will perform and keep all acts, covenants and obligations imposed, represented or promised by the provisions of this Resolution and Franchise Agreement, the Ordinance and the Proposal, and acknowledges that any failure to do so will be grounds for termination of the rights hereby granted in accordance with the provisions of the Ordinance. 4. The effective date ~f this Resolution and Franchise Agreement shall be the date of its final adoption and said date shall be utilized for the commencement of the timetable for construction contained in the Proposal as supplemented, and for all other purposes. 5. In addition to the conditions contained above and in the Ordinance and in the Proposal as supplemented, the rights hereby granted may, at the option of the County, be terminated upon the violation of any term or provision of the Ordinance or the Proposal, as supplemented. 6. The County and Harrisburg Fire acknowledge that it' shall be unlawful to operate a nob-emergency ambulance service in Cabarrus County, North Carolina, without a franchise to do so duly granted by the County, except as otherwise provided by law. 7. This Resolution and Franchise Agreement shall not be valid unless it is accepted by Harrisburg Fire within thirty (30) days of its effective date, which acceptance shall be in writing in such form and executed in such manner as to be a valid and legally binding acceptance. 8. In consideration of the foregoing rights and privileges, Harrisburg Fire agrees to the following terms and conditions: (A) Harrisburg Fire accepts and agrees to all of the provisions of this Resolution and Franchise Agreement and those instruments incorporated herein by reference, including, but not limited to the Ordinance and the Proposal; (B) Harrisburg Fire has examined all of the provisions of this Resolution and Franchise Agreement and the Ordinance and waives by claim that any provision hereof is unreasonable, arbitrary or void. (C) Harrisburg Fire recognizes the right of the County to make amendments to the Ordinance or this Resolution and Franchise Agreement during the term of the franchise granted by this Resolution and Franchise Agreement, provided that no such change shall compromise Harrisburg Fire's ability to perform satisfactorily its obligations or obtain the benefit of its rights under the Ordinance or this Resolution and Franchise Agreement. Harrisburg Fire further recognizes and agrees that the County shall in ~o way be bound to renew the franchise at the end of the franchise term. (D) Harrisburg Fire acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and Harrisburg Fire agrees to comply with all applicable general laws enacted by the County pursuant to such power. 9. All notices and other communications hereunder shall be in writing and shall be {1) hand delivered with delivery acknowledged by written receipt, or (2) mailed, first class, registered or certified mail, return receipt requested, postage prepaid to the following addresses: If to the County: If to Harrisburg Fire: County Manager Cabarrus County P.O. Box 707 Concord, NC 28026-0707 Charles M. Greene, Fire Chief Harrisburg Volunteer Fire Department and Rescue, Inc. 6450 Morehead Road Harrisburg, NC 28075 All such notices and other co~unications shall be deemed to have been delivered on the date of the actual delivery. Any party to this instrument