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502 <br /> <br />2 0 <br /> <br />right of way to Level 3. This Agreement to absolve the County and <br />WSACC of negligent damage to Level 3's telecommunications system <br />shall not, however, apply to damage occasioned by the gross <br />negligence or any deliberate act of the County or WSACC or any <br />County or WSACC employee or agent. <br /> <br />Agreements of County. <br />(a) The County will permit Level 3 to proceed immediately (on July <br /> 10, 2000 or as soon thereafter as Level 3 may elect) to commence <br /> and continue uninterrupted until completion, with the <br /> construction of its telecommunications system in all locations in <br /> Cabarrus County, and agrees that there are, and shall be, no <br /> County-imposed restrictions on such construction, provided such <br /> construction is completed in a reasonable manner, in accordance <br /> with applicable state and federal law, and (with regard to the <br /> lands belonging to the County and located within the Coddle Creek <br /> Watershed Overlay District), in accordance with the letter from <br /> Jay Shive to Fletcher L. Hartsell, Jr., dated June 1, 2000, and <br /> attached hereto. The County acknowledges that all conditions <br /> precedent to the construction and use of the proposed Level 3 <br /> telecommunications system imposed by zoning and soil and sediment <br /> regulations of the County or otherwise imposed by County <br /> regulation have been satisfied. While the County agrees to <br /> uniformly apply any and all applicable County regulations with <br /> regard to Level 3's installation and use of its <br /> telecommunications system, it is expressly agreed and understood <br /> by Level 3 that the County can not and does not waive its police <br /> power. <br />(b) The County will execute and deliver to Level 3, coincident with <br /> Level 3's payment of the amounts reflected in paragraph l(b) and <br /> (c), the RIGHT OF WAY AND EASEMENT AGREEMENT attached hereto and <br /> incorporated herein by reference. <br /> (c) The County agrees that the amounts to be paid by Level 3 pursuant <br /> to paragraph l(b) and (c) above shall be held in escrow pursuant <br /> to paragraph 3 hereof. <br /> (d) No agreement by the County is'intended to prevent the County from <br /> imposing reasonable ad valorem taxes on the property of Level 3 <br /> at reasonable levels consistent with any such taxes imposed upon <br /> other telecommunications systems located in Cabarrus County. <br /> <br />Agreement for Escrow. <br />(a) The escrow agent shall be Fletcher L. Hartsell, <br /> <br />(b) <br /> <br /> Jr. [Level 3 <br />acknowledges notice that Fletcher L. Hartsell, Jr. is also the <br />attorney for Cabarrus County.] <br />The amount paid by Level 3 into escrow pursuant to paragraph l(b) <br />above shall be released to the County upon satisfaction of the <br />following conditions: <br />(A) Completion by Level 3 of the construction of its <br /> telecommunications system through Cabarrus County, or on <br /> December 31, 2000, whichever date is earlier; and <br /> (B) Receipt by Level 3 of an opinion of counsel to Cabarrus <br /> County that there are no zoning, soil and sediment control, <br /> or other County-imposed impediments to Level 3's <br /> construction and use of its telecommunications system in a <br /> manner consistent with Level 3's rights-of-way and <br /> easements for its telecommunications system. [Level 3 <br /> agrees that the opinion from counsel to Cabarrus County may <br /> be rendered by Fletcher L. Hartsell, Jr.] <br />In the event of breach by the County of its covenants to allow <br />Level 3 to commence and continue uninterrupted reasonable <br />construction of its telecommunications system, or to receive <br />before completion of construction the opinion of counsel for <br />Cabarrus County as herein provided, the $250,000 amount paid by <br />Level 3 into escrow, pursuant to paragraph l(b) shall be refunded <br />in full to Level 3. Time is of the essence to Level 3 in <br />beginning and proceeding with construction, and any delay <br />directly attributable to any unreasonable action or inaction of <br />the County which delays initiation of construction after July 10, <br />2000, or causes construction to be stopped or delayed after <br />construction has begun, will be deemed a breach by the County of <br />its covenants hereunder. Notwithstanding the foregoing, any <br />breach by Level 3 of its obligations hereunder (failure to comply <br />with the covenants contained in paragraph l(a) or other <br />covenants) shall be grounds for the County to interrupt <br /> <br /> <br />