2004 S EMS - Efland Mebane Fire Contract

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NOV -26 -2003 11:01 FROM: 70:9684066 P.2/3 Nature of Protection: Upon call by or on behalf of any resident, business or property owner of the described area, party of the second part will dispatch to the area, and utilize in combating such fires as may exists, such equipment and as many men as the Fire Chief, or his designate, deems, in his sole and absolute discretion, available under the circumstances. From the moment any of the fire personnel of the party of the second part arrive within the Efland Fire District in response to a call, such person as in command of the detail shall assume absolute command of all activity being carried on, on property on which there is a fire and all persons on that property shall be subject to his absolute direction and control. Such fire personnel shall have sole discretion as to the manner in which such fires as may exist are combated and what men and equipment are to be committed thereto. Party of the second part, through its Fire Department, shall exert its best efforts under the circumstances in combating said fires. Party of the first part shall in no way be liable for actions of the party of the second part for its failure or lack of success in connection therewith or for damage done to property of residents, businesses or property owners of the Efland Fire District or to that of their agents, servants, employees, licensees or invitees, by virtue of or arising out of the same. All obligations of party of the second part shall be secondary to providing protection for their own citizens. The City of Mebane agrees to pay and the Efland Volunteer Fire Company, Inc. agrees to accept a lump sum payment in the amount of $12,630.45 as good faith compensation required by North Carolina General Statutes Section 160A -49.1. Said payment shall be made within ninety (90) days of the execution of this agreement by both parties. Additionally, the City of Mebane agrees that it will provide the fire services within said defined area more fully described above at no additional charge to Efland Volunteer Fire Company, Inc. Both parties agree that the Efland Fire Protection District will continue to level its fire protection tax in those portions of the area described above which have not been annexed by the City of Mebane and that the proceeds of said tax shall be distributed to Efland Volunteer Fire Company, Inc. The payments and service provisions outlined above are hereby accepted by Efland Volunteer Fire Company, Inc. in full and complete satisfaction of the City of Mebane's obligations pursuant to North Carolina General Statutes Section 160A -49.1. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF MEABNE EFLAND VOLUNTEER FIRE CO., INC. By:a---- S << ay President Glendel St henson Ronnie McAdams, Sr.