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AGREEMENT This agreement made and entered into this ~ day of 2003 by and between THE CENTER FOR MUNIC~AL SOLUTIONS (herein after referred to as Consultant) (mailing address: 70 Cambridge Drive, Glenmont, New York 12077) party of the first part, and Cabarrus County, North Carolina (hereinafter referred to as Client) (mailing address; Commerce Department, Zoning Division, PO Box 707, Concord, NC 28026) party of the second part. Consultant and Client, for the consideration named, hereby agree as follows: PURPOSE Client hereby retains Consultant as consultant and agent for the purpose of assisting, advising and representing Client on matters relating to the preparation of a Wireless Telecommunications Facilities Local Ordinance for Client, and reviewing and analyzing applications received by Client for Wireless Telecommunications Facilities. SPECIFIC SERVICES: LOCAL ORDINANCE As soon as possible after the execution of this agreement, Consultant shall prepare and deliver to Client for use by Client a comprehensive Wireless Telecommunications Facilities Local Ordinance (hereinafter referred to as Ordinance). Subsequently, in consultation with designated officials of Client, Consultant shall devote up to five (5) hours to draft and deliver to Client, as may be requested, legally permissible revisions to the Ordinance, prior to the public hearing relating to the adoption of the Ordinance. Consultant shall attend up to two meetings with Client, which Client will schedule in connection with the adoption of the Ordinance. 3. SPECIFIC SERVICES: SERVICES DURING PROCESSING OF APPLICATIONS Following the adoption of the Ordinance, the Consultant shall furnish appropriate Wireless Telecommunications Facilities siting assistance and advice to Client and Client officials involved in the processing of applications for Wireless Telecommunications Facilities, and, in connection therewith, shall: (a) Review all applications filed with Client for Wireless Telecommunications Facilities in accordance with the provisions of the ordinance; (b) Assist and advise Client as regards all applications, to include attending meetings with the Applicants and/or Client's staff and/or officials as required; (c) Recommend in writing to Client whether a particular application should be approved or disapproved, and set forth in writing the reasons for such approval or disapproval; and, (d) Review and certify construction of the facility and in writing recommend when/if the certificate of compliance should be issued. TIMES AND ATTENDANCE: COOPERATION BY CLIENT Consultant shall perform the services described herein in as expeditious a manner as is reasonably possible and with due consideration of the time requirements of Client. Client recognizes that the timing of the performance of Consultant's services may be affected by previous commitments to other clients (including the delivery of promised services and work product and previously scheduled meetings), and situations normally and traditionally deemed to be matters of a force majeure nature, including those influenced by the weather, strikes, or power outages. Client agrees to cooperate with Consultant, as needed, and to provide Consultant with copies of any records, documents and other information needed for the fulfillment of this agreement on a timely basis. Client further agrees to provide Consultant with access to appropriate officials and/or employees of Client, Last Revision: 9/12/03 1