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June 16, 2003 Page 156 WHEREAS, the County desires to renew this Resolution and Ordinance and Franchise Agreement (the "Resolution and Franchise Agreement"), granting a franchise to Mid-State Transport. NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE BOARD OF COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA: 1. The County hereby grants the non-exclusive right, privilege, and franchise to Mid-State Transport to operate and maintain a non-emergency ambulance service in Cabarrus County for a period of one (1) year from and after the date of acceptance of this Resolution and Franchise Agreement by Mid-State Transport, subject to present and future ordinances pertaining thereto. The County expressly reserves the right to grant other rights, privileges, and franchises to any other person or entity at any time during the term thereof. 2. The right, privilege and franchise hereby granted are expressly subject to the following: (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, Mid-State Transport 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 of 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 Mid-State Transport acknowledge that it shall be unlawful to operate a non-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 Mid-State Transport 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, Mid-State Transport agrees to the following terms and conditions: (A) Mid-State Transport 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) Mid-State Transport 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) Mid-State Transport 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 Mid-State's ability to perform satisfactorily its obligations or obtain the benefit of its rights under the Ordinance or this Resolution and Franchise Agreement. Mid-State Transport further recognizes and agrees that the County shall in no way be bound to renew the franchise at the end of the franchise term. (D) Mid-State Transport 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 Mid-State Transport agrees to comply with all