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5O3 <br /> <br /> construction until any such breach by Level 3 has been cured. <br /> Following such cure Level 3 may im~ediately rs-commence with the <br /> construction of its telecommunications system. <br /> (c) The amount paid by Level 3 into escrow pursuant to paragraph 1(c) <br /> above shall be used to reimburse WSACC for direct, indirect and <br /> overhead engineering inspection costs related to Level 3's <br /> activities. Level 3 will be provided an accounting of any amount <br /> claimed by WSACC for reimbursement. If such; engineering and <br /> inspection costs are less than $10,000, any balance will be <br /> refunded forthwith to Level 3. The amount paid by Level 3 into <br /> escrow pursuant to paragraph l(c) shall be used to reimburse <br /> WSACC as provided herein, regardless of whether payment is made <br /> to the County pursuant to paragraphs l(h) and 3(b) of this <br /> Agreement. Payment shall be made to WSACC upon completion of <br /> construction, or On December 31, 2000, whichever shall first <br /> occur. <br /> <br />4. This Agreement may be executed in two or more counterDarts, each of <br /> which shall be deemed an orlglnal, but all of which together shall <br /> constitute one and the sams instrument. <br /> <br /> This Agreement is executed as of the date shown above by the <br />undersigned County pursuant to duly authorized Resolution(a) of the county, <br />and by Level 3 pursuant to all requisite corporate authority. <br /> <br />Attest: <br />/s/ FRANKIE F. BONDS <br />CLERK, CABARRUS COUNTY <br />BO;~RD OF COUNTY COMMISSIONERS <br /> <br />LETTER OF JUNE 1, 2000 <br /> <br />June 1, 2000 <br /> <br />Mr. Fletcher L. Hartsell, Jr. <br />Cabarrus County Attorney <br />Hartsell Hartsell & White PA <br />77 McCachern Boulevard SE <br />Concord, North Carolina 28025 <br /> <br />CABARRUS COLLTI"f <br />/s/ CAROLYN B. CARPENTER, <br />VICE C~L~IR, CABARRUS COUNTY <br />BOA/~D OF COU~F~Y COMMISSIONERS <br /> <br />LEVEL 3 COMMUNICATIONS, LLC <br />By: /s/ Richard Wilber <br />Title: Senior Director <br /> <br />ESCROW AGENT <br />/S/ FLETCHER L. HARTSELL, JR. <br /> <br />Subject: Level 3 Communications/Coddle Creek Reservoir Crossing <br /> <br />Dear Mr. Hartsell: <br /> <br />A meeting with personnel related to the subject project was held May 31, <br />2000 at the Rocky River Regional Wastewater Plant. Those in attendance <br />were: Lennie Bollinger, Field Manager with Parsons Brinckerhoff Network <br />Services, Inc; John Bowers, Attorney with Womble Carlyle sandrldge & Rice; <br />Etienns Brodeur, Level 3-Segment Superintendent with Gilbert Southern <br />Corp.; Chris Rutkowski, Level 3-Area Manager with Gilbert Southern Corp.; <br />Ray Furr, WSACC Water Operations Managsr; Todd Sheeks, Coddle Creek <br />Reservoir Maintenance Technician, and myself. This meeting was held at the <br />request of Mr. Rutkowski to address remaining engineering technical issues <br />with the project aa it affects the Coddle Creek Reservoir. <br /> <br />I have received and reviewed a "Spill Prevention Control and Countermeasure <br />Plan" and revised sedimentation and erosion control plan. These documents <br />are satisfactory and sealed by a Professional Engineer. The directional <br />drilling profile does not show a minimum depth of 30' as agreed at the <br />meeting, but an as-built drawing will be acceptable as agreed. Mr. <br />Bollinger explained extra measures and associated costs with the drilling <br />locating devices that are to be used and has supplied a letter to me with <br />like description. All documents have been found to be satisfactory. This <br />will complete our review. <br /> <br />It is our opinion that the projected work is acceptable as proposed in the <br />documents that have been supplied to us. By way of this letter, I'm not <br /> <br /> <br />