- 9 - the Joint Venture Agreement) located on the Subject Property including specifically, the existing house and servants' quarters, and; (2) Five percent (5%) of the approved "hard costs" of construction of the Additional Improvements, as defined in the Joint Venture, and; (3) Twenty percent (20%) of the "net profit" derived by the Venture from the sale or other disposition of the six units constituting the Additional Improvements. B. The remaining "net profit" from the operation, sale, or other disposition of both the Existing Improvements and the Additional Improvements, shall be distributed equally to Dondi and Lemons, pro rata, according to their equity percentages in the Venture and no portions thereof, except for those items specifically set forth in Section 3.09, A, immediately above, shall inure to or be distributed to Value Plus. C. Advances against the payments to be received by Value Plus as Development Manager pursuant to this Section 3.09 shall constitute the entire compensation due Value Plus from the Venture by reason of services rendered to the Venture or by reason of the contribution to the Venture of capital or by reason of Value Plus's equity interest in the Venture. Upon full and final payment to Value Plus of said Development Manager's compensation as aforesaid, Value Plus shall have no further right, title or interest in and to the Subject Property, the Existing Improvements or the Additional Improvements." On June 1, 1984, the joint venture borrowed $4,700,000 from Anchor Savings of Shawnee Mission, Kansas (hereinafter referred to as Anchor), for the purpose of acquiring and developing the Moonlight Beach Property. Repayment of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011