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503 <br /> <br />(c) <br /> <br />construction until any such breach by Level 3 has been cured. <br />Following such cure Level 3 may immediately re-commence with the <br />construction of its telecommunications system. <br />The amount paid by Level 3 into escrow pursuant to paragraph l(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(b) 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 o <br /> <br />This Agreement may be executed in two or more counterparts, each of <br />which shall be deemed an original, but all of which together shall <br />constitute one and the same instrument. <br /> <br /> This Agreement is executed as of the date shown above by the <br />undersigned County pursuant to duly authorized Resolution(s) 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 />BOARD OF COUNTY COMMISSIONERS <br /> <br />CABARRUS COUNTY <br />/s/ C/LROLYN B. CARPENTER, <br />VICE CHAIR, CABARRUS COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br /> <br />LEVEL 3 COMMUNICATIONS, LLC <br />By: /s/ Richard Wilber <br />Title: Senior Director <br /> <br />LETTER OF JUNE 1, 2000 <br /> <br />ESCROW AGENT <br />/s/ FLETCHER L. H3%RTSELL, JR. <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 />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 Sandridge & Rice; <br />Etienne 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 Manager; 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 as 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 />