AG 2000 08 21 - Laserfiche WebLink

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5O2 right of way to Level 3. This Agreement to absolve the County and WSACC of negligent damage to Level 3's telecommunications system shall not, however, apply to damage occasioned by the gross negligence or any deliberate act of the County or WSACC or any County or WSACC employee or agent. Agreements of County. (a) The County will permit Level 3 to proceed immediately {on July 10, 2000 or as soon thereafter as Level 3 may elect) to commence and continue uninterrupted until completion, with the construction of its telecommunications system in all locations in Cabarrus County, and agrees that there are, and shall be, no County-imposed restrictions on such construction, provided such construction is completed in a reasonable manner, in accordance with applicable state and federal law, and (with regard to the lands belonging to the County and located within the Coddle Creek Watershed Overlay District), in accordance with the letter from Jay Shire to Fletcher L. Hartsell, Jr., dated June 1, 2000, and attached hereto. The County acknowledges that all conditions precedent to the const~ction and use of the proposed Level 3 telecommunications system imposed by zoning and soil and sediment regulations of the County or otherwise imposed by County regulation have been satisfied. While the County agrees to uniformly apply any and all applicable County regulations with regard to Level 3's installation and use of its telecommunications system, it is expressly agreed and understood by Level 3 that the County can not and does not waive its police power. (b) The County will execute and deliver to Level 3, coincident with Level 3's payment of the amounts reflected in paragraph l(b) and (c), the RIGHT OF WAY AND EASEM~9~ AaRREMENT attached hereto and incorporated herein by reference. (c) The County agrees that the amounts to be paid by Level 3 pursuant tO paragraph l(b) and (c} above shall be held in escrow pursuant to paragraph 3 hereof. (d) No agreement by the County is intended to prevent the County from imposing reasonable ad valorem taxes on the property of Level 3 at reasonable levels consistent with any such taxes imposed upon other telecommunications systems located in Cabarrus County. Agreement for Escrow. (a) The escrow agent shall be Fletcher L. Hartsell, Jr. [Level 3 acknowledges notice that Fletcher L. Hartsell, Jr. is also the attorney for Cabarrus County.] (b) The amount paid by Level 3 into escrow pursuant to paragraph l(b) above shall be released to the County upon satisfaction of the following conditions= (A) Completion by Level 3 of the construction of its teleco~unications system through Cabarrus County, or on December 31, 2000, whichever date is earlier; and (B) Receipt by Level 3 of an opinion of counsel to Cabarrus County that there are no zoning, soil and sediment control, or other County-imposed impediments to Level 3's construction and use of its telecommunications system in a manner consistent with Level 3's rights-of-way and easements for its telecommunications system. [Level 3 agrees that the opinion from counsel to Cabarrus County may be rendered by Fletcher L. Hartsell, Jr.] In the event of breach by the County of its covenants to allow Level 3 to commence and continue uninterrupted reasonable construction of its telecommunications system, or to receive before completion of constr~ction the opinion of counsel for Cabarrus County as herein provided, the $250,000 amount paid by Level 3 into escrow, pursuant to paragraph 1 (b) shall be refunded in full to Level 3. Time is of the essence to Level 3 in beginning and proceeding with construction, and any delay directly attributable to any unreasonable action or inaction of the County which delays initiation of construction after July 10, 2000, or causes construction to be stopped or delayed after construction has be~n, will be deemed a breach by the County of its covenants hereunder. Notwithstanding the foregoing, any breach by Level 3 of its obligations hereunder (failure to comply with the covenants contained in paragraph l(a) or other covenants) shall be grounds for the County to interrupt