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RESOLUTION AND ORDINANCE
<br /> GRANTING A NON-EXCLUSIVE FRANCt IISE TO
<br /> NUCARE CAROLINA, INC.,
<br /> FOR TIlE OPERATION AND REGULATION OF A
<br /> NON-EMERGENCY AMBULANCE SERVICE
<br />WITIqlN CABARRUS COUNTY, NORTH CAROLINA,
<br />PURSUANT TO TIlE TERMS OF THAT CERTAIN ORDINANCE
<br />ADOPTED SEPTEMBER 4, 1990; AND CONSTITUTING
<br /> THE FRANCt IISE AGREEMENT REFERRED TO T[lEREIN
<br />
<br /> WHEREAS, on September 4, 1990, the Board of Commissioners of Cabarrus County (the
<br />"County") adopted an Ambulance Franchise Ordinance providing for the grant of franchises for the
<br />operation and regulation of non-emerge'ney and emergency ambulance service in Cabarms County, North
<br />Carolina (the ~Ordinance~); and
<br /> WI-IEREAS, NuCare Carolina, Inc. ('NuCare'), has submitted its 'Proposal for Cabarrus
<br />County" dated May 5, 1999 (the "ProposalD, to the County to operate a non-emergency ambulance
<br />service in Cabarrus County; and
<br /> WHEREAS, the County desires to approve and enter into this Resolution and Ordinance and
<br />Franchise Agreement (the "Resolution and Franchise AgrecmenC), granting a franchise to NuCare.
<br /> NOW, TIIEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY TilE BOARD
<br />OF COMMISSIONERS OF CAB/'d,IRUS COUNTY, NORTI 1 CAROLINA:
<br /> I. ]'he Count)' hereby grants the non-exclusive right, privilege, and franchise to NuCare to
<br />operate and maintain a non-emergency ambulance service in Cabarrus County for a period of five (5)
<br />years from and after the date of acceptance of this Resolution and Franchise Agreement by NuCare,
<br />subject to present and future ordinances pertaining thereto. The County expressly reserves the right to
<br />grant other rights, privileges, and franchises to any other person or entity at any time during the term
<br />thereof.
<br /> 2. The right, privilege and franchise hereby granted arc expressly subject to the following:
<br /> (A) The Ordinance, all provisions of which are hereby specifically incorporated herein by
<br /> reference; and
<br /> 03) The Proposal, a copy of which is on file at the Office of the County Manager, all
<br /> provisions of which arc hereby specifically incorporated herein by reference.
<br />3. By accepting thc rights hereby granted, NuCare covenants that it u,51l perform and keep
<br /> all acts, covenants and obligations imposed, represented or prorated by the provisions of this Resolution
<br /> and Franchise Agreement, the Ordinance and the Proposal,, and ac'knowledges that any failure to do so
<br /> will be grounds for termination of thc rights hereby granted in accordance with the provisions of the
<br /> Ordinance.
<br /> 4. The effective date of this Resolution and Franchise Agreement shall be the date of its final
<br />adoption and said date shall be utilized for the commencement of the timetable for construction contained
<br />in the Proposal as supplemented, and for all other purposes.
<br /> 5. In addition to the conditions contained above and in the Ordinance and in the Proposal as
<br />supplemented, the rights hereby [,,ranted may, at the option of County, be terminated upon the violation
<br />of any term or provision of the Ordinance or the Proposal, as supplemented.
<br /> 6. Thc County and NuCare acknowledge that it shall be unlawful to operate a non-emergency
<br />ambulance service in the incorporated areas of Cabarrus County, North Carolina, without a Franchise to
<br />do so duly granted by the County, except as otherwise providcd by law.
<br /> 7. This Remlution and Franchise Agreement shall not be valid unless it is accepted by NuCare
<br />within thirty (30) days of its effective date, which acceptance shall be in writing in such form and
<br />executed in such manner as to be a valid and legally binding acceptance.
<br /> 8. In consideration of the foregoing rights and privileges, NuCare agrees to the following terms
<br />and conditions:
<br /> (A) NuCare accepts and a[,,rees to all of the provisions of this Resolution and Franchise
<br /> Agreement and those instruments incorporated herein by reference, including, but not
<br /> limited to the Ordinance and the Proposal;
<br />
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