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586
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<br />clearing obstructions that may, in the opinion of COUNTY, endanger or interfere
<br />with the proper maintenance and operation of same.
<br />
<br /> TO HAVE AND TO HOLD the aforesaid Right-of-Way Easement unto the COUNTY,
<br />its successors and assigns forever;
<br />
<br /> AND THE GRANTOR, 'for GRANTOR, GRANTOR's heirs, successors, personal
<br />representatives and assigns, does hereby covenant with COUNTY, its successors
<br />and assigns, that GRANTOR is seized of the premises in fee simple, that said
<br />premises are free from all encumbrances, that GRANTOR has good right and lawful
<br />authority to sell the same; and that GRANTOR will warrant and defend the said
<br />premises unto the COUNTY, its successors and assigns, against the lawful claims
<br />of all persons whomsoever.
<br />
<br /> IN TESTIMONY WHEREOF, GRANTOR has hereunto set his/her (its) hand and seal
<br />the day and year first above written.
<br />
<br />GRANTOR:
<br />RAINBOW PROPERTIES LIMITED PARTNERSHIP
<br />/S/ George L. Kiser, Jr. (SEAL)
<br /> General Partner
<br />
<br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Moss with Chairman
<br />Lentz and Commissioners Moss, Melvin, and Simmons voting no, the Board moved to
<br />go into executive session to discuss land acquisition, performance of an
<br />independent contractor, and a personnel matter.
<br /> UPON MOTION of Chairman Lentz, seconded by Commissioner Moss with Chairman
<br />Lentz, and Commissioner Moss, Simmons, and Melvin voting for, the executive
<br />session was terminated.
<br /> UPON MOTION of Commissioner Melvin ,seconded by Chairman Lentz and
<br />unanimously carried, the Board approved the following Employment Agreement
<br />between Cabarrus County and Mr. Michael M. Ruffin, County Manager.
<br />
<br />NORTH CAROLINA
<br />
<br />CABARRUS COUNTY
<br />
<br />EMPLOYMENT AGREEMENT
<br />
<br /> THIS AGREEMENT, executed and entered into this 19th day of November, 1990,
<br />by and between CABARRUS COUNTY, a political subdivision of the State of North
<br />Carolina (hereinafter "CABARRUS"), the Employer, and MICHAEL M. RUFFIN, a
<br />citizen and resident of Cabarrus County, North Carolina (hereinafter "RUFFIN"),
<br />the Employee,
<br /> W I T N E S S E T H: that --
<br /> WHEREAS, RUFFIN was employed as County Manager (hereinafter "Manager") by
<br />CABARRUS on November 1, 1988, and since that date has served in such capacity
<br />in good standing without a written employment contract; and
<br /> WHEREAS, it is the desire of the Board of Commissioners of Cabarrus County
<br />(the "Board") to memorialize an understanding with RUFFIN with regard to certain
<br />benefits, conditions of employment and working conditions; and
<br /> WHEREAS, in order to express its confidence in RUFFIN, to provide
<br />inducement for RUFFIN to remain as Manager, and to insure the continued
<br />stability and sound operation of county government, the Board of Commissioners
<br />of CABARRUS desires to enter into this Employment Agreement for the services of
<br />RUFFIN as Manager of Cabarrus County government; and
<br /> WHEREAS, RUFFIN desires to accept continued employment as Manager of
<br />Cabarrus County government;
<br /> NOW, THEREFORE, in consideration of the mutual covenants herein contained,
<br />CABARRUS, through the Board, and RUFFIN agree as follows:
<br /> 1. EMPLOYMENT AND DUTIES: CABARRUS hereby employs RUFFIN as Manager of
<br />Cabarrus County government, and RUFFIN agrees to perform the functions and
<br />duties of Manager of Cabarrus County government as set forth in N.C.G.S. 153A-
<br />82, together with such other legally permissible and proper duties and functions
<br />as the Board shall assign from time to time.
<br /> 2. TERM: ~ The term of this Agreement shall begin on July 1, 1990 (nunc
<br />pro tunc), and shall terminate on July 1, 1994; provided, however, that on July
<br />1, 1991, or July 1 of any succeeding year thereafter, this Agreement shall
<br />automatically be extended for an additional one (1) year term (i.e. the term
<br />
<br />
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