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444 <br /> <br /> W I T N E S S E T H: that -- <br /> WHEREAS, John Vo Witherspoon has been serving as County <br />Manager for Cabarrus County, North Carolina, pursuant to written and <br />oral employment contracts (the "Contract"); and <br /> WHEREAS, Employee wishes to take early retirement in order to <br />pursue other interests; and <br /> WHEREAS, the parties hereto have mutually agreed upon a <br />settlement of all obligations owed each other under the Contract; <br /> NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS <br />CONTAINED HEREIN, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: <br /> 1. Date. Employee will continue to serve as County Manager <br />through and including June 30, 1995 under the present Employment <br />Contract. After such time, the Contract shall be terminated by <br />mutual consent of the parties, but Employee shall be available as a <br />consultant for miscellaneous purposes at least through November 30, <br />1995. <br /> 2. Compensation. The Employer shall pay to the Employee the <br />monthly pay and benefits provided in the Contract through and <br />including June 30, 1995. On July 7, 1995, Employer shall pay unto <br />Employee the equivalent of five (5) months pay (one month plus one <br />month for each year or part-year of service) as severance pay, <br />subject to appropriate withholding allowances for taxes, social <br />security, medicare, 401(k), retirement and health insurance during <br />the five (5) month period. <br /> 3. Benefits. For the purpose of health insurance and other <br />benefits, Employee shall be deemed to be an employee of Employer, <br />through and including November 30, 1995, for which he is being <br />compensated pursuant to Item 2, herein. For the period beginning <br />December 1, 1995 and thereafter, Employer agrees that Employee may, <br />at his option, participate in the health insurance plan of Employer, <br />providing Employee pays the cost of such coverage on a monthly <br />basis. It is further agreed that the personal computer and printer <br />presently used by Employee at work is surplus property and such is <br />hereby transferred to Employee. <br /> 4. Entire Agreement. This document contains the entire <br />agreement of the parties hereto and supersedes any prior or <br />contemporaneous oral or writtenagreements. This Agreement may be <br />amended only in writing, to be executed by each party hereto. <br /> IN WITNESS WHEREOF, the parties, with full authority, have <br />caused this Agreement to be executed below. <br /> <br />ATTEST: <br /> <br />(SEAL) <br /> <br />John V. Witherspoon <br />CABARRUS COUNTY BOARD OF COMMISSIONERS <br />By: <br /> <br />Chairman <br /> <br />Clerk <br />(Seal) <br /> <br /> Commissioner Fennel expressed appreciation to Mr. Witherspoon for his <br />service to Cabarrus County. <br /> <br /> Mr. Witherspoon introduced his family and recognized friends who were <br />present for the meeting. <br /> <br /> Commissioner Casper left the meeting at 8:20 P.M. and was absent for the <br />remainder of the meeting. <br /> <br />Proposed Amendment to Chapter 50, Parks and Recreation (Frank Liske Park), of the <br />Code of Ordinances Commissioner Olio-Mills <br /> <br /> UPON MOTION of Commissioner Olio-Mills, seconded by Commissioner Fennel <br />with Commissioners Olio-Mills and Fennel and Chairman Barnhart voting for, the <br />Board adopted on first reading the following amendment to the Code of Ordinances. <br /> <br /> <br />