SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 10-Q
ANNUAL REPORT PURSUANT TO SECTION 13 or 15(D)
OF THE SECURITIES EXCHANGE ACT OF 1934
For the Quarter Ended June 30, 2000 Commission file number - 1-7525
THE GOLDFIELD CORPORATION
EXHIBITS
August 10, 2000
CANCELLATION AND RELEASE AGREEMENT
This Cancellation and Release Agreement is executed this 12th day of June,
2000, by and between THE GOLDFIELD CORPORATION, a Delaware corporation,
hereinafter called "the Company" and JOHN H. SOTTILE, hereinafter called
"Employee."
WHEREAS, the Company and the Employee established an Employee Benefit
Agreement dated November 20, 1989, hereinafter called "the Agreement" for the
purpose of providing insurance for the benefit and protection of the
Employee's family; and
WHEREAS, the Company purchased Policies Numbered 356435, 286640 and 281682
with Zurich American Life Insurance Company, hereinafter called "the Policies";
and
WHEREAS, the Employee has not assigned any interest under the Agreement or
the Policies, other than to the Company, to any other individual, trust,
corporation or entity and the Employee has all the rights and interests under
the Agreement by and between the Company and the Employee; and
WHEREAS, the Employee and the Company have mutually agreed to cancel the
Agreement and release each other of all rights and duties under the Agreement,
IT IS, THERFORE, AGREED as follows:
1. The recitals heretofore set forth are true and correct and are
incorporated in this Cancellation and Release Agreement by this reference.
2. The Employee and Company hereby terminate and cancel the Agreement
between the Company and the Employee.
3. The Employee represents and covenants that no person, including the
current designated beneficiaries of the Policies, and the Employee's heirs,
or estate, have a right by contract or otherwise to insist on the continuation
of the Policies or the Agreement or to be named a beneficiary of any policy.
4. The Employee and the Company by the execution of this Cancellation and
Release Agreement release each other of any and all rights and duties
under the Agreement.
5. The Employee by his execution of this Cancellation and Release Agreement
releases and assigns to the Company all of his right, title and interest in
the Agreement and Policies Numbered 356435, 286640 and 281682 with Zurich
American Life Insurance Company. The Employee shall execute such documents
as the Company may require to release the Employee's rights in the Agreement
and the Policies and assign the Employee's rights in the Agreement and the
Policies to the Company.
6. The execution of this Cancellation and Release Agreement is in lieu of
the written notice given by the Employee to the Company or by the Company
to the Employee under paragraph 7 of the Agreement and the Employee
affirmatively waives any rights under paragraph 7 of the Agreement.
7. The Employee further affirmatively waives and releases all of his rights
under paragraph 8 of the Agreement including the right to purchase the
Policies or any Policy.
8. Upon the Employee's execution of this Cancellation and Release Agreement,
the Company shall pay the Employee the sum of Two Hundred Forty Thousand
Dollars ($240,000.00) in full consideration of the Employee's execution of
this Cancellation and Release Agreement and the assignment by the Employee of
all of his rights to the Company under the Policies and the Agreement between
the Company and the Employee.
9. This Cancellation and Release Agreement shall be binding upon the
Employee, his heirs, beneficiaries and assigns.
10. This Cancellation and Release Agreement represents the entire agreement
between the Company and the Employee and no other agreements, either oral or
written, exist between the Company and the Employee.
Signed in the presence of: COMPANY:
THE GOLDFIELD CORPORATION
/s/Patricia A. Strange By: /s/ Stephen R. Wherry
Printed Name: Patricia A. Strange Title: Vice President
EMPLOYEE:
/s/Patricia A. Strange /s/ John H. Sottile
JOHN H. SOTTILE
Printed Name: Patricia A. Strange
CANCELLATION AND RELEASE AGREEMENT
This Cancellation and Release Agreement is executed this 12th day of
June, 2000, by and between THE GOLDFIELD CORPORATION, a Delaware
corporation, hereinafter called "the Company" and STEPHEN R. WHERRY,
hereinafter called "Employee."
WHEREAS, the Company and the Employee established an Employee Benefit
Agreement dated November 16, 1989, hereinafter called "the Agreement"
for the purpose of providing insurance for the benefit and protection of
the Employee's family; and
WHEREAS, the Company purchased Policies Numbered 280499, 286639 and
356436 with Zurich American Life Insurance Company, hereinafter called
"the Policies"; and
WHEREAS, the Employee has not assigned any interest under the Agreement
or the Policies, other than to the Company, to any other individual,
trust, corporation or entity and the Employee has all the rights and
interests under the Agreement by and between the Company and the Employee;
and
WHEREAS, the Employee and the Company have mutually agreed to cancel
the Agreement and release each other of all rights and duties under the
Agreement,
IT IS, THERFORE, AGREED as follows:
1. The recitals heretofore set forth are true and correct and are
incorporated in this Cancellation and Release Agreement by this reference.
2. The Employee and Company hereby terminate and cancel the Agreement
between the Company and the Employee.
3. The Employee represents and covenants that no person, including the
current designated beneficiaries of the Policies, and the Employee's heirs,
or estate, have a right by contract or otherwise to insist on the
continuation of the Policies or the Agreement or to be named a beneficiary
of any policy.
4. The Employee and the Corporation by the execution of this
Cancellation and Release Agreement release each other of any and all
rights and duties under the Agreement.
5. The Employee by his execution of this Cancellation and Release
Agreement releases and assigns to the Company all of his right, title
and interest in the Agreement and Policies Numbered 280499, 286639 and
356436 with Zurich American Life Insurance Company. The Employee shall
execute such documents as the Company may require to release the
Employee's rights in the Agreement and the Policies and assign the
Employee's rights in the Agreement and the Policies to the Company.
6. The execution of this Cancellation and Release Agreement is in
lieu of the written notice given by the Employee to the Company or by
the Company to the Employee under paragraph 7 of the Agreement and the
Employee affirmatively waives any rights under paragraph 7 of the Agreement.
7. The Employee further affirmatively waives and releases all of his
rights under paragraph 8 of the Agreement including the right to purchase
the Policies or any Policy.
8. Upon the Employee's execution of this Cancellation and Release
Agreement, the Company shall pay the Employee the sum of Ninety Thousand
Dollars ($90,000.00) in full consideration of the Employee's execution
of this Cancellation and Release Agreement and the assignment by the
Employee of all of his rights to the Company under the Policies and the
Agreement between the Company and the Employee.
9. This Cancellation and Release Agreement shall be binding upon the
Employee, his heirs, beneficiaries and assigns.
10. This Cancellation and Release Agreement represents the entire
agreement between the Company and the Employee and no other agreements,
either oral or written, exist between the Company and the Employee.
Signed in the presence of: COMPANY:
THE GOLDFIELD CORPORATION
/s/Patricia A. Strange By: /s/John H. Sottile
Printed Name: Patricia S. Strange Title: President
EMPLOYEE:
/s/Patricia A. Strange /s/Stephen R. Wherry
STEPHEN R. WHERRY
Printed Name: Patricia A. Strange
CANCELLATION AND RELEASE AGREEMENT
This Cancellation and Release Agreement is executed this 12th day of
June, 2000, by and between SOUTHEAST POWER CORPORATION, a Florida
corporation, hereinafter called "the Company" and ROBERT L. JONES,
hereinafter called "Employee."
WHEREAS, the Company and the Employee established an Employee Benefit
Agreement dated October 18, 1989, hereinafter called "the Agreement" for
the purpose of providing insurance for the benefit and protection of the
Employee's family; and
WHEREAS, the Company purchased Policy 280563 with Zurich American Life
Insurance Company, hereinafter called "the Policy"; and
WHEREAS, the Employee has not assigned any interest under the Agreement
or the Policy, other than to the Company, to any other individual, trust,
corporation or entity and the Employee has all the rights and interests under
the Agreement by and between the Company and the Employee; and
WHEREAS, the Employee and the Company have mutually agreed to cancel the
Agreement and release each other of all rights and duties under the Agreement,
IT IS, THERFORE, AGREED as follows:
1. The recitals heretofore set forth are true and correct and are
incorporated in this Cancellation and Release Agreement by this reference.
2. The Employee and Corporation hereby terminate and cancel the Agreement
between the Company and the Employee.
3. The Employee represents and covenants that no person, including the
current designated beneficiaries of the Policy, and the Employee's heirs, or
estate, have a right by contract or otherwise to insist on the continuation
of the Policy or the Agreement or to be named a beneficiary of any policy.
4. The Employee and the Company by the execution of this Cancellation and
Release Agreement release each other of any and all rights and duties under
the Agreement.
5. The Employee by his execution of this Cancellation and Release Agreement
releases and assigns to the Company all of his right, title and interest in
the Agreement and Policy 280563 with Zurich American Life Insurance Company.
The Employee shall execute such documents as the Company may require to release
the Employee's rights in the Agreement and the Policy and assign the Employee's
rights in the Agreement and the Policy to the Company.
6. The execution of this Cancellation and Release Agreement is in lieu of
the written notice given by the Employee to the Company or by the Company to
the Employee under paragraph 7 of the Agreement and the Employee affirmatively
waives any rights under paragraph 7 of the Agreement.
7. The Employee further affirmatively waives and releases all of his rights
under paragraph 8 of the Agreement including the right to purchase the Policy
or any Policy.
8. Upon the Employee's execution of this Cancellation and Release Agreement,
the Company shall pay the Employee the sum of Ninety Thousand Dollars
($90,000.00) in full consideration of the Employee's execution of this
Cancellation and Release Agreement and the assignment by the Employee of all
of his rights to the Company under the Policy and the Agreement between the
Company and the Employee.
9. This Cancellation and Release Agreement shall be binding upon the
Employee, his heirs, beneficiaries and assigns.
10. This Cancellation and Release Agreement represents the entire agreement
between the Company and the Employee and no other agreements, either oral or
written, exist between the Company and the Employee.
Signed in the presence of: COMPANY:
SOUTHEAST POWER CORPORATION
/s/Patricia A. Strange By: /s/John H. Sottile
Printed Name: Patricia A. Strange Title: Chairman
EMPLOYEE:
/s/Patricia A. Strange /s/Robert L. Jones
ROBERT L. JONES
Printed Name: Patricia A. Strange
CANCELLATION AND RELEASE AGREEMENT
This Cancellation and Release Agreement is executed this 12th day of
June, 2000, by and between ST. CLOUD MINING COMPANY, a Florida corporation,
hereinafter called "the Company" and PATRICK S. FREEMAN, hereinafter called
"Employee."
WHEREAS, the Company and the Employee established an Employee Benefit
Agreement dated November 30, 1989, hereinafter called "the Agreement" for
the purpose of providing insurance for the benefit and protection of the
Employee's family; and
WHEREAS, the Company purchased Policy 281680 with Zurich American Life
Insurance Company, hereinafter called "the Policy"; and
WHEREAS, the Employee has not assigned any interest under the Agreement
or the Policy, other than to the Company, to any other individual, trust,
corporation or entity and the Employee has all the rights and interests
under the Agreement by and between the Company and the Employee; and
WHEREAS, the Employee and the Company have mutually agreed to cancel
the Agreement and release each other of all rights and duties under the
Agreement,
IT IS, THERFORE, AGREED as follows:
1. The recitals heretofore set forth are true and correct and are
incorporated in this Cancellation and Release Agreement by this reference.
2. The Employee and Corporation hereby terminate and cancel the
Agreement between the Company and the Employee.
3. The Employee represents and covenants that no person, including the
current designated beneficiaries of the Policy, and the Employee's heirs,
or estate, have a right by contract or otherwise to insist on the
continuation of the Policy or the Agreement or to be named a beneficiary
of any policy.
4. The Employee and the Company by the execution of this Cancellation
and Release Agreement release each other of any and all rights and duties
under the Agreement.
5. The Employee by his execution of this Cancellation and Release
Agreement releases and assigns to the Company all of his right, title and
interest in the Agreement and Policy 281680 with Zurich American Life
Insurance Company. The Employee shall execute such documents as the
Company may require to release the Employee's rights in the Agreement and
the Policy and assign the Employee's rights in the Agreement and the
Policy to the Company.
6. The execution of this Cancellation and Release Agreement is in lieu
of the written notice given by the Employee to the Company or by the Company
to the Employee under paragraph 7 of the Agreement and the Employee
affirmatively waives any rights under paragraph 7 of the Agreement.
7. The Employee further affirmatively waives and releases all of his
rights under paragraph 8 of the Agreement including the right to purchase
the Policy or any Policy.
8. Upon the Employee's execution of this Cancellation and Release
Agreement, the Company shall pay the Employee the sum of Ninety Thousand
Dollars ($90,000.00) in full consideration of the Employee's execution of
this Cancellation and Release Agreement and the assignment by the Employee
of all of his rights to the Company under the Policy and the Agreement
between the Company and the Employee.
9. This Cancellation and Release Agreement shall be binding upon the
Employee, his heirs, beneficiaries and assigns.
10. This Cancellation and Release Agreement represents the entire
agreement between the Company and the Employee and no other agreements,
either oral or written, exist between the Company and the Employee.
Signed in the presence of: COMPANY:
ST. CLOUD MINING COMPANY
/s/Patricia A. Strange By: /s/John H. Sottile
Printed Name: Patricia A. Strange Title: Chairman
EMPLOYEE:
/s/Andrea L. Freeman /s/Patrick S. Freeman
PATRICK S. FREEMAN
Printed Name: Andrea L. Freeman
