BC 2002 11 18 - Laserfiche WebLink

Home Browse Search

November 18, 2002 Page 482 additional one-year options, if mutually agreed upon in writing between the County and the Franchisee and approved by the County Board of Commissioners. 2. Severability; Paragraph Headings. If one section of this Agreement is found to be improper or legally unenforceable, the remaining sections are severable and are intended to stand without the offending section. Paragraph headings are for convenience only and shall not be deemed to be a controlling ~art of this Agreement. 3. Termination. This Agreement may be terminated by either party upon ninety (90) days prior written notice with or without cause. If either party shall willfully violate any of the covenants or duties imposed upon it by this Agreement, such willful violation shall entitle the other party to terminate this Agreement for cause. The party desiring to terminate for such cause shall give the offending party at least thirty (30) days prior written notice to remedy the violation. If, at the end of such time, the party notified has not removed the cause of complaint or remedied the purported violation, then this Agreement shall be deemed terminated. 4. Payments Upon Termination. In the event of any termination, the County shall pay the agreed rate only for services delivered up to the date of termination and the County has no obligation to pay Franchisee for services rendered or to be rendered after the effective date of termination, of any kind, after the date of termination. Franchisee shall deliver all Vehicle records, equipment and materials to the County within ten days of the effective date of termination. This requirement specifically includes electronic files pertaining to the System's passengers, routes, billing history, and eligibility status - as such data is recognized by the parties hereto as always remaining County property. Franchisee shall promptly pay the County as of the date of termination, for any sums owed the County pursuant to the terms of this Agreement. 5. Notices. All written communications under this 'Agreement shall be mailed, delivered, or sent by facsimile with following confirmation to the County and the Franchisee at the addresses noted above. Either the County or Franchisee may change its address of record for receipt of official notice by giving the other prior written notice of such change and any necessary mailing instructions. 6. Amendments. Amendments or changes to this Agreement shall be submitted in writing and will become a part of this Agreement when agreed upon by both parties and adopted by the County in the manner required of the County and any applicable County Ordinance. 7. Entire Agreement; Successors and Assigns. All Agreement documents are incorporated herein by reference and made a part thereof. This Agreement and all attendant documentation referred to herein constitute the entire agreement between the parties. This Agreement may not be assigned by either party (including to a successor in interest by merger or acquisition) without the prior written consent of the other party. 8. Governing Law. This Agreement is governed by and subject to the laws of the State of North Carolina. In the event of dispute hereunder, the parties agree to the exclusive jurisdiction of the Courts of Cabarrus County, North Carolina for resolution of such disputes. ACKlqOWLEDGEMENT: As signatories to this Agreement, the County and FRANCHISEE do mutually agree to abide by the terms of this Agreement, and do hereby execute this Agreement as of the date first above given. For Cabarrus County Frank W. Clifton Jr., County Manager Clerk: For Mid-State Transport, Inc. F. Darryl Brooks, President Attest: Seal (D-4) Adequate public. Facilities Ordinance Chairman Freeman introduced discussion regarding the current Adequate Public Facilities Ordinance, specifically when the contributions of $500.00 per lot are paid. Mr. Jonathan Marshall, Planning Services Director, reported that discussion of a proposed adequate public facilities amendment is planned for the Board's upcoming work session. He also stated there is a revised Consent Agreement for the Central Park Subdivision on the Consent Agenda for consideration later in this meeting. Further, Mr. Marshall discussed the purpose of the Consent Agreement that is entered into for each development. He explained the Board could decide as a part of the Consent Agreement when offers of payment, services, construction, etc., for advancement of facilities will be due. Mr. Clifton commented on the proposed Consent Agreement for the Central Park Subdivision. Also, he advised that only those developments that occur outside the municipalities in Cabarrus County are addressing adequate public facility requirements associated with school needs. Mr. James Scarbrough, Attorney representing the building industry and development clients (including Craft Homes), stated in his opinion the payments should be made at the time the certificate of occupancy is issued