Retirement Agreement between Company and Edward J. Rivas dated March 30, 2004
This agreement is between the Company and Edward J. Rivas. In exchange for Mr. Rivas postponing his retirement until at least April 1, 2005, the Company will provide him with a $260,000 cash payment, his company car as a taxable gift, a waiver of the forfeiture provision on his 2001 stock options, and a prorated 2005 bonus. Mr. Rivas may choose to defer the cash payment and bonus into a deferred compensation plan. The agreement requires Mr. Rivas to forgo any long-term compensation for officers in 2005.
Exhibit 10.29
March 30, 2004
Mr. Ed Rivas
5700 Rockport Landing Place
Midlothian, VA 23113
Dear Ed:
In consideration for your agreement to postpone your retirement from the Company until April 1, 2005, the Company will provide you with the following benefits in addition to any qualified or non-qualified plan benefits you have earned as of that date:
1. | You will receive a cash payment of $260,000 as of your retirement date. This payment will be paid in your April 2005 paycheck and is contingent on your retirement date being no earlier than April 1, 2005. It is also in consideration of your agreement to forgo any long-term compensation that may be awarded to officers in 2005. |
2. | You will receive your company car as a gift as of your retirement date. This will be a taxable gift. |
3. | The forfeiture provision of your 2001 stock options will be waived as of June 1, 2004, allowing you to begin diversifying your stock holdings without forfeiting your 2001 stock options. As you know, all sales must be in compliance with the companys insider trading policy. |
4. | Your 2005 bonus will be prorated based on the number of completed months of service in 2005 and will be paid as a lump sum in your final paycheck. |
You will have the option of choosing to defer items 1 and 4 above into the deferred compensation plan. If you accept these terms, please execute two originals of this document below and return one to me.
/s/ Mark F. McGettrick |
Mark F. McGettrick |
President and Chief Executive Officer |
AGREED AND ACCEPTED: |
/s Edward Rivas | 04/06/04 | |
Edward J. Rivas | Date |