EXHIBIT 10(jj)
AGREEMENT FOR CUSTOMER SERVICE ADMINISTRATION
THIS AGREEMENT, dated this 13 day of November , 1997 by and between THE
DELTONA CORPORATION, a Delaware Corporation authorized to transact business in
the State of Florida ("Deltona"), SWAN DEVELOPMENT CORPORATION, a Florida
Corporation ("Swan"), confirm and agree as follows:
1. Introduction
------------
1.1 Swan owns certain real estate properties located within
St. Xxxxxxxxx Xxxxxx Subdivision, St. Xxxxx County in the State of Florida,
(hereinafter referred to "Property"), which is registered with the United States
Department of Housing and Urban Development ("HUD"), the Division of Florida
Land Sales, Condominiums and Mobile Homes (the "Division") and with various
other governmental agencies.
1.2 Certain of the Property is undeveloped and under contract
to be purchased by individuals pursuant to Agreements of Purchase and Sale
entered into between Deltona and the purchasers. Swan has agreed to be
responsible for the obligations of Deltona pursuant to the purchasers'
Agreements of Purchase and Sale.
1.3 Deltona has agreed to assist Swan in administration of
obligations to these purchasers in the form of a customer service exchange
program to lots scheduled for development by Swan.
2. Exchange Program
----------------
2.1 Deltona shall submit, on Swan's behalf, a proposed
exchange program to the Division of Florida Land Sales, Condominiums and Mobile
Homes (hereinafter the "Division") for the Division's approval..
2.2 Upon receipt of the Division's written approval, Deltona
shall be responsible for preparing all correspondence and documentation for
submission to the purchasers of undeveloped lots; for responding to purchaser
inquiries; and for completing exchanges through coordination of return of the
purchaser's original lot and substitution of the exchange lot.
2.3 Deltona shall file all required interim reports relative
to the exchange program with the Division, and submit a copy to Swan.
1
3. Fees to Deltona for Services Rendered
-------------------------------------
The parties hereto agree that the fees for the services
contemplated to be performed by Deltona shall be $1,084.00 per exchange
consummated. This amount is based upon the average estimated costs for title
search, recording fees, title insurance premium and other title services
plus an administrative fee to Deltona.
4. Additional Services
-------------------
When and if Swan decides that it wishes to improve additional
St. Xxxxxxxxx Xxxxxx lots, Deltona will prepare registrations, if required,
and/or exemption filings for the Division as well as other regulatory agencies
in jurisdictions in which sales are contemplated. The fees for these additional
services shall be agreed upon, in writing, between Swan and Deltona, prior to
commencement of any additional services by Deltona.
5. Notice
------
Any notice required or permitted to be given hereunder shall
be in writing and shall be transmitted by postage prepaid mail to the parties at
there addresses as follows:
Deltona: The Deltona Corporation
000 Xxxxxxxx Xxxxxx
Xxxxx 000
Xxxxx, Xxxxxxx 00000
Attention: Xxxxx X. Xxxxxxxxx, Xx.
Swan: Swan Development Corporation
00 Xxxxxx Xxxxxxxxx
Xx. Xxxxxxxxx XX 00000
Nothing herein contained shall be construed as preventing the parties from
changing the place to which notices shall be addressed; however, no such change
shall be valid unless it is given in accordance with this section.
6. NO MODIFICATION.
----------------
No term or provision of this Agreement may be changed or
waived, discharged or terminated orally, but only by an instrument in writing
signed by the party against which enforcement of the change, waiver, discharge
or termination is sought.
2
7. INTERPRETATION.
---------------
This Agreement shall be interpreted and enforced in accordance
with the laws of the State of Florida.
8. GENERAL PROVISIONS.
-------------------
(a) Time is of the essence in this Agreement.
(b) This Agreement may be executed in one or more counterparts
each of which shall be deemed an original but all of which shall constitute one
and the same Agreement.
IN WITNESS WHEREOF, the parties have caused these presents to be
executed, all of which has been done on the time and date first above written.
THE DELTONA CORPORATION SWAN DEVELOPMENT CORPORATION
("Deltona") ("Swan")
BY:/s/ Xxxxx X. Xxxxxxxxx, Xx. BY: /s/ Antony Gram
----------------------------- -----------------------------
Xxxxx X. Xxxxxxxxx, Xx., President Antony Gram, President
3
FEE TO DELTONA FOR EXCHANGES
Based upon average
Lot Price of $34,000
UNDER
CONTRACT DEEDED TOTAL
---------- ---------- ----------
# OF LOTS 47 14 61
COSTS FOR TRADE IN LOT
TITLE SEARCH ($150.00) $ 0.00 $ 2,100.00 $ 2,100.00
RECORDING FEES ($238.00) $ 0.00 $ 3,332.00 $ 3,332.00
WORK CHARGE ($50.00) $ 0.00 $ 700.00 $ 700.00
COSTS FOR NEW LOT
TITLE SEARCH ($150.00) $ 7,050.00 $ 2,100.00 $ 9,150.00
RECORDING FEES ($238.00) $11,186.00 $ 3,332.00 $14,518.00
TITLE INSURANCE PREMIUM ($195.50) $ 9,188.50 $ 2,737.00 $11,925.50
WORK CHARGE ($50.00) $ 2,350.00 $ 700.00 $ 3,050.00
TOTAL CHARGES FOR
TITLE RELATED WORK $29,774.50 $15,001.00 $44,775.50
ADMINISTRATION FEE($350.00) $16,450.00 $ 4,900.00 $21,350.00
TOTAL CHARGES $46,224.50 $19,901.00 $66,125.50
CHARGE PER @ 61 EXCHANGES $ 1,084.02
