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Aaclmc4- 4 <br />NORTH CAROLINA <br />ORANGE COUNTY <br />AGENCY AGREEMENT <br />This Agreement made this the day of , 2012, between Orange County, a political <br />subdivision of the State of North Carolina ("County") located at 200 South Cameron Street, Hillsborough, <br />North Carolina 27278, Caldwell Fire Department ("Caldwell") located at 7020 Guess Road, Rougemont, <br />North Carolina 27572 and Eno Fire and Emergency Services ( "Eno ") located at 5019 US HWY 70W, <br />Durham, North Carolina 27705. <br />Whereas, the County-created special tax districts for fire protection in accordance with Chapter <br />69 of the North Carolina General Statutes; and <br />Whereas, the County elected to contract with incorporated nonprofit fire departments to provide <br />fire protection services to the County; and <br />. Whereas on May 19, 1992 the County entered into Agreements with both Caldwell and Eno to <br />provide primary fire protection services within the geographic boundaries of Caldwell and East Orange, <br />respectively; and <br />Whereas both Fire Departments have been providing service within their primary fire protection <br />districts and now desire to enter into an Agreement whereby Eno will provide primary fire protection <br />services to an area within Caldwell Fire District (see Exhibit 1, which attached and hereby incorporated <br />by reference); and <br />Whereas the County levies and collects taxes on all real and personal property subject to taxation <br />in East Orange and appropriates those funds to Eno for the use of the residents in the East Orange Fire <br />District and not Caldwell; and <br />Whereas on January 20, 2011, the Orange County Board of Commissioners approved a change to <br />the insurance district line boundary (see Exhibit 1) to allow Eno to provide primary fire protection <br />services to residents within a portion of Caldwell Fire District; and <br />Whereas the County will authorize Eno to provide the primary fire protection to residents in <br />Caldwell as shown in Exhibit 1 so long as they do not use or expend any funds or resources appropriated <br />for fire protection services levied and collected from and for the residents in the East Orange Fire District. <br />Now, therefore, in consideration of the mutual covenants and premises herein contained, the <br />Parties agree to the following: <br />1. That Eno is authorized to provide primary fire protection services in the area of the Caldwell <br />Fire District shown in Exhibit 1. <br />2. Eno shall not expend any funds or resources appropriated for the use of residents in the East <br />Orange Fire District for the primary fire protection services outside the area of the Caldwell <br />Fire District shown in Exhibit 1. In the event any such expenditure occurs for primary fire <br />protection outside the area shown in Exhibit 1 Eno shall immediately notify the County and <br />Eno shall take corrective measures to rectify the expenditure and to ensure such expenditure <br />shall not be repeated. <br />3. That Caldwell shall make annual payments of $500.00, or as agreed to by Eno and Caldwell, <br />to Eno as compensation for Eno's availability and service in providing primary fire protection <br />services in the area of the Caldwell Fire District shown in Exhibit 1. <br />h <br />