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3495 Denmark Ave - LandscapingC!tyofEaaafl Mike Maguire Mayor Paul Bakken Cyndee Fields Gary Hansen Meg Tilley Council Members Thomas Hedges City Administrator Municipal Center 3830 Pilot Knob Road Eagan, MN 55122 -1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD Maintenance Facility 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com The Lone Oak Tree The symbol of strength and growth in our community. July 9, 2009 Mr. Sheldon Badzin Mayflower Properties 7760 France Ave. So. Suite # 1100 Edina, MN 55435 Re: Landscape Inspection 3495 Denmark Ave, Eagan MN 55123 Dear Mr. Badzin, In July of 1999 a $5,000 landscape security deposit was submitted to the City of Eagan in conjunction with issuance of the building permit for construction of the building at the above referenced location. These funds are eligible for release to the depositor at this time. As we discussed last year, the City policy is that the refund be given to the party we received the money from unless we have written authorization to do otherwise. Last year, we received a Notice of Execution from the Dakota County Sherriff's office but the notice named Denmark Mini LP as the debtor. We are holding money from Mini/USA. As the current property owner, you were going to have your attorney conduct research to provide us the authorization to release the funds to you. We have not heard anything further since our conversations last fall and we must release these funds within the next 60 days. If we do not hear from you by September 8, 2009, the funds will be turned over to the State as unclaimed. Please note that the property owner continues to be responsible for maintaining the health of all plantings on the property. In accordance with section 11.70 of the Eagan City Code, the property owner must maintain all landscaped areas, and install healthy replacement plants for any plants that die or are removed due to disease. Maintenance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. An inspection will be conducted by city staff this summer or early fall to verify that the condition of the landscaping is acceptable under city code. Thank you for your attention to this matter. If you have any questions, please call me at 651- 675 -5696. Sincerely, Sarah Thomas Planner cc: Marinda Carr, Town Centre Self Storage Sue Sheridan, Accounting City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 (651) 675 -5675 www.ci.eagan.mn.us Site Address: 3495 Denmark Ave Lot: I Block: 1 Addition: Town Centre 70 22nd PID: 10- 77046 - 010 -01 Use: Cornerstone Self Storage Description: Sub Type: Commercial/Industrial Construction Type: II -N Work Type: New Description: Census Code: 328 - Occupancy: R -3 Zoning: PD Square Feet: 0 Comments: Plan reviewed by Craig Novaczyk. S & W Plumber is State Mechanical phone #( 651) 463 -8220. Fee Summary: Valuation: 1,750,000.00 Contractor: EFH Company 2999 W Cty Rd 42 #206 Burnsville MN 55337 (952) 890 -6450 Permit Type: Building 4,,,. Permit Number: EA036590 Date Issued: 07/02/1999 C ity ofEaaan Base Fee $8,346.25 3210 -9001 City SAC $100.00 3866 -9379 Landscape Guarantee $5,000.00 2257 -9001 SAC - Commercial/Institutional $1,050.00 2275 -9220 Plan Review $5,425.06 3422 -9001 Sewer & Water Permit Surcharge $0.50 2155 -9001 Sewer Permit $50.00 3743 -9220 State Surcharge $800.00 2155 -9001 Treatment Plant $468.00 3868 -9220 Water Permit $50.00 3713 -9220 Water Supply & Storage $13,332.00 3865 -9220 Park Dedication $14,922.00 3855 -9328 Trail Dedication $4,066.00 3856 -9375 Total: $53,609.81 Applicant/Permitee: Signature - Applicant - PERMIT Owner: Denmark Mini, LP 9500 Forest Lane Suite 435, LB19 Dallas TX 75243 (214) 341 -9620 I hereby acknowledge that I have read this application and state that the information is correct and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Issued By: Signature STATE OF MINNESOTA COUNTY OF DAKOTA THIRD PARTY LEVY TO: CITY OF EAGAN YOU WILL PLEASE TAKE NOTICE that I hereby certify, that under and by virtue of the writ of execution hereto attached, I do hereby levy upon all rights, title and interest of DENMARK MINI, LP defendant named therein, in and to the following described personal property, to -wit: All monies, goods, credits, effects, debts due, and FUNDS BEING HELD BELONGING TO THE ABOVE NAMED DEFENDANT, in your possession or under your control, and I hereby request and demand you furnish me immediately with your certificate, pursuant to M.S.A. 550.15, showing all such property with the descriptions thereof, the encumbrances thereon, the amount and nature of such indebtedness, all charges against the same, and I DEMAND THAT YOU IMMEDIATELY DELIVER INTO MY POSSESSION ALL SUCH ABOVE DESCRIBED PERSONAL PROPERTY CAPABLE OF MANUAL DELIVERY. In default thereof you will be liable to examination and attachment in such cases made and provided by law. Judgment $ 7,485.02 Interest $ 1,046.23 Accrued Costs $ 40.00 Commission $ 342.85 Levy- Return $ 40.00 Levy -fee $ 15.00 Mileage $ 22.00 TOTAL $ 8,991.10 MAKE CHECKS PAYABLE TO: Invoice #199244 DAKOTA COUNTY SHERIFF CIVIL 5IVISION P.O. BOX 247 HASTINGS, MN 55033 651 -438 -4780 STATE OF MINNESOTA COUNTY OF DAKOTA The undersigned Sheriff of Dakota County does hereby certify that the hereto attached writ is a true and correct copy of the original writ of execution now in possession of said sheriff for service, and that the foregoing is a true and correct copy of the return and inventory made by said sheriff. Dated this 16th day of October, 2008 Don G dmundson, Sheriff, Dakota County By Deputy DAKOTA COUNTY SHERIFF'S DEPARTMENT P.O. BOX 247 - CIVIL DIVISION Hastings, MN 55033 Form 94 -09 State of Minnesota Dakota County MAYFLOWER TOWN CENTRE PROPERTIES, LLC vs. DENMARK MINI, L.P. et al. Judgment date: July 19, 2005 Date docketed: 10/16/2008 at 10:04 AM Court of original entry: Dakota County County Where Judgment Roll or Transcript Filed: Dakota County TO THE SHERIFF OF Dakota County or any other person authorized by law to execute this writ. WHEREAS, Judgment was entered in favor of: MAYFLOWER TOWN CENTRE PROPERTIES, LLC and against DENMARK MINI, L.P.. THEREFORE, you are commanded to satisfy said judgment, with interest and your fees, out of the personal property of the judgment debtor within your county; and if sufficient personal property cannot be found, then out of the real property in your county belonging to said judgment debtor on the day when said judgment was docketed in your county, or at any time thereafter not exceeding ten years from the date of entry. The writ of execution expires 180 days after its issuance by the Court Administrator. Amount to be Collected on Date Issued: Current Principal Due: Current Costs/Disbursements: Interest: Execution Fee: Subtotal due: Date Execution Issued: October 16, 2008 MNCIS- 00 -WRT Court File Number: 19- C7 -05- 006703 Judgment Information Carol ii . Renn, Co;dn inistrator By: Writ of Execution $7,485.02 $0.00 $1,046.23 $40.00 $8,571.25 Depu Court Administrator District Court First Judicial District Writ of Execution Personal or Real Property Rev. 10/2008 Page 1 of 4 State of Minnesota District Court Dakota County MAYFLOWER TOWN CENTRE PROPERTIES, LLC vs. DENMARK MINI, L.P. et al. Court File Number: 19- C7 -05- 006703 Return of Execution Writ of Execution Personal or Real Property X $ $0.82 = $ (from 10/16/2008 at daily rate) # Days (Daily Interest Amount valid through December 31 of this year) Service Fee: $ Other Costs of Collection: $ Subtotal from Page 1: $8,571.25 TOTAL DUE $ Return of service by: ❑ Sheriff ❑ Attorney (M.S. 551.04) Service Returned ❑ Satisfied in full ❑ Partially Satisfied (Amount Collected) $ on (Less Collection Cost) $ (Amount Satisfied) $ First Judicial District Signature of Sheriff or Attorney on Return: County: (Date) ❑ No Property Found: I certify and return that I have made diligent search and inquiry in my county and have been unable to find any personal property out of which to satisfy the judgment described in this execution. ❑ Not Used. MNCIS- 00 -WRT Writ of Execution Rev. 10/2008 Page 2 of 4 9529293939 Oct ;.'8 2008 5:29PM NEVE S. ASSOCIRTES PLLC 9529293939 ...., ..., -- ,, " -- Mayflower Properties Sheldon Badain 7760 France Ave So. Suite 1100 Edina, MN 55435 Phone: 9524864337 Fox: 952486-7501 Email: gbadzingmqvfiawetvronertiell.cem r f lYWW.ISIAYFLOWEFtPROPERTJES.COIVI 14.4K P • 1 Oct 28 2008 5:29PM NEVE & ASSOCIATES PLLC 9529293939 p.4 (4) F.xcmntion. Enter on the line below any amounts or property claimed by the debtor to be exempt from execution. Not Applicable. (5) Adverse Interest. Enter on the line below any amounts claimed by othex persons by reason of ownership or interest in the debtor's property. Not Applicable. (6) Enter on the line blow the total of lines (3), (4), and (5). Not Applicable, (7) Enter on the line below the difference obtained (never less than zero) when line (6) is subtracted from the sum of lines (1) and (2). $0. (8) Enter on the line below 110 percent of the amount of the creditor's claim which remains unpaid. $9,890.21. (9) Enter on the line below the lesser oi' line (7) and line (8). Retain this amount only if it is $10 or more. $0. Oct 28 2008 5:29PM NEVE & ASSOCIATES PLLC 9529293939 p• AFFIRMATION I, Maria Petersen, tan authorized by the garnishee to complete this non - earnings garnishment disclosure, and have done so truthfully and to the best of my lmowledge. Dated: / 0 - 3 Signature Title jp 51 -LP 7 5 - .51)3 14 Telephone Number 3 Oct 15 2008 5:31PM 9529293939 NEVE & ASSOCIATES PLLC 9529293939 Mayflower Properties Sheldon Ba J*jn 7760 France Ave So. Suite 1100 Edina, MN 55435 Phone: 952 - 886 - 7331 Fax: 952- 886 -7501 Email: gladzinQmatfiongrmagatjum O. ge- 9, 4 Pis*" ra m ear C e/g ei // sg--F ,1°,°-e rah te_(/ke-/ 70/19' ,-;6 /5 Aatia&::5" ery7,4e-a/p-W,e /horzo- 071 voz-, Y ' 0 ' ' RO ' ERTIES OM 14.4K p.1 Oct 15 2008 5:31PM It of a October 13, 2008 Mike Maguire MAYOR Paul Bakken Cyndee Fields Meg Tilley Cowrcl. Memasws Thomas Hedges Crry ADNIMIsmATOR MumoirAL Coma 3830 Pilot Knob Road Eagan, MN 55122.1810 851.675.5000 phone 651.670.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 851.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cttyofeegan.com THE LOP1E OAK TREE The symbol of strength and growth in our community. NEVE & ASSOCIATES PLLC 9529293939 Mayflower Town Centre Properties 7760 France Ave S. Suite 1100 Edina, MN 55435 Re: Landscape Inspection 3495 Denmark Ave, Eagan MN 55123 In July of 1999 a $5,000 landscape security deposit was submitted to the City of Eagan in conjunction with issuance of the building permit for construction of the building at the above referenced location. These funds are eligible for release to the depositor at this time. Please note that the property owner continues to be responsible for maintaining the health of all plantings on the property. In accordance with section 11.70 of the Eagan City Code, the property owner must maintain all landscaped areas, and install healthy replacement plants for any plants that die or are removed due to disease. Maintenance shall include removal of litter, dead plant materials, unhealthy or diseased trees, and necessary pruning. An inspection will be conducted by city staff next spring/sutnmer to verify that the condition of the landscaping is acceptable under city code. Thank you for your attention to this matter. If you have any questions, please call me at 651 - 675 -5684 or Planner Sarah Thomas at 651- 675 -5696. Sincerely, Fran Doherty Planning Department cc: Sarah Thomas, City Planner p.2 Oct 15 2008 5:31PM Aug 02 05 12:41p STATE OF MINNESOTA COUNTY OF DAKOTA Vs. NEVE & ASSOCIATES PLLC Mayflower Town Centre Properties, LLC, Plaintiff, Denmark Mire, L.P., Cornerstone Storage Equities, Inc.., Fred A. Gans, Cornerstone Development Corporation, and Jany Chang, Defendants. FINDI 1'GS OF FACT Parties • 9529293939 P. FIRST JUDICIAL DISTRICT Type of Case: Contract and Other Civil Court File No.: 19 -C7 -05 -6703 p.3 DISTRICT COURT FIND GS O PA CON LUSXONTS DF .4W. AND ORDER FOR JUD[xMEi�1'I'' The above matter came on for bench trial before the undersigned judge on lune 21, 2005, at the Dakota County Judicial Center, Hastings, Minnesota. Based upon the evidence presented, the submissions ofcoutrsel, and all the files, records and proceedings in the matter, the Court now makes the following: 1. Plaintiff dayflower Town Centre Properties, LLC ( "M.ayflowsr ") is a Minnesota Limited Liability Company, and is the purchaser of a mini -.storage property lacated at 3495 Denmark Ave,, Eagan, Minnesota 55122 ( "Property"). 2. Sheldon Badzin ("Badzin") is the Chief Manager Of 'Mayflower. 3. Defendant Denmark Mini. L.P. ( "Denmark Mini ") is a Foreign Limited Partnership, registered to do business in the state of Minnesota, and seller of the Property. FILED DAKOTA COUNTY VAN A. BROSTROM, CotAdmlristrater J 0 2005 bY. 4EPUTY Oct 15 2008 5:31PM NEVE & ASSOCIATES PLLC Aug 02 05 12:42p 2 9529293939 p.4 p.4 4. Defendant Cornerstone Storage Equities, Inc. ("Cornerstone Storage ") is a Foreign Corporation, and is the General Partner of Danmark Mini. 5. Defendant Fred A. Gans ( "Gans ") is a non- resident person, and President of Cornerstone Storage during the transactions giving rise to the underlying claims. 6. Defendant Cornerstone Development Corporation ( "Cornerstone Development") is the name under which Cornerstone Storage is doing business. Cornerstone Development has handled rent collection records, accounting, and calculations for Denmark Mini since May 14, 2002. 7. Defendant Jany Chang is an independent contractor. She acted as Chief Financial Officer for, and reports to, Cornerstone Development at aU times material to this matter. She has no reporting responsibilities to Denmark Mini or Cornerstone Storage. Agreement and Closing S. On May 14, 2002, Badzin, acting on behalf of Plaintiff Mayflower, entered into a written contract entitled "Agreement for Purchase and Sale ofReal Property and Joint Escrow Instructions" (" Agreement"; Exhibit 1) with Defendant Den rnark Mini, for conveyance of the Property. The Agreement was signed for the seller by Cornerstone Development through Gans. 9. Mayflower was represented by Marvin Liszt, an attorney experienced in real estate trans acti ons. 10. Cornerstone Devei opment played no role in the May 14, 2002 transaction concerning the Agreement. Oct 15 2008 5:31PM Aug 02 05 12:42p NEVE & ASSOCIATES PLLC 9529293939 11. On August 5, 2002, Mayflower closed on the purchase of the Property from Denmark M7ni. 12. Paragraph 7 of the Agreement is entitled "Seller's Covenants, Warranties and Representations," and states, in pertinent part: Seller covenants, warrants and represents to Purchaser, as ofthe date hereof, and as of the Closing, (its representations and warranties, but not its covenants, being limited to its actual current knowledge as of each such time), the following: * * * (p) Seiler will provide Purchaser, at 1ast three business days prior to the CIosing, with a rent roll current as of the last day ofthe month preceding tae Closing that is reasonably satisfactory in form and content to Purchaser, and that updates the information contained in the rent roll delivered to Purchaser prior to the end of the Contingency Period, certified by Seller as being accurate. * ** (u) Seller will deliver to Purchaser, not later than three days after the Effective Date, a tenant status report as of April 30, 2002 or a later date which shall, as to each tenant as of that date, reflect the tenant's name, unit occupied, contract rent, and date to which rent is paid. Until Closing Seller shall furnish to Purchaser on or before the' fifth of each month an update of such tenant status reports as of the end of the prior month. Seller shall furnish to Purchaser, two business days prior to the Closing, an update of such tenant status report as of the third business clay prior to the closing. Such tenant reports shall accurately and completely set forth the information purported to be set forth therein. 13. Chang was responsible for reviewing the closing statements for the sale of the Property to Mayflower, with respect to the proration from the reports generated directly frorn the facility managed by Diversified Concepts, Inc., on the day of closing. - 3 p.5 P. 5 Oct 15 2008 5:31PM Aug 02 05 12:42p NEVE & ASSOCIATES PLLC 4 9529293939 p.6 p . 6 14. During the August 5, 2002, closing meeting, a call was placed to Chang to discuss prepaid rent roll calculations. That same day Chang faxed a Letter stating, "Irr the event after closing, the parties determine that there are error (sic) in the prepaid rent and customer credit calculation, an adjustment wi]1 be made between the seller and the buyer" (Exhibit 4). The parties incorporated this provision into the Agreement, and closed with the understanding that there was a possibility that the prepaid rent roll calculations might be inaccurate and might need adjusting later. 15. The rent roll calculations are reflected as Delinquent Credits an the August 5, 2002, "Seller's Statement" (Exhibit 16). The two terms are used interchangeably in this court order. 16. There was no evidence that any defendant committed axiyy act of misrepresentation, fraud, or fraud in the inducement concerning the prepaid rent roll calculations. 17. Mayflower did not close on the Property in reliarice upon the provisional rent roll calculations. The purchase price for the Property was three million seven hundred thousand dollars ($3,700,000). 18 ... The parties do not dispute that Mayflower paid Dea nark Mini $8,381.11 in delinquent credits at closing (Exhibit 16). Prepaid Rent Calculation CIaim (Count 1) 19. After the closing, on or about January 7, 2003, Mayflower sent Chang a fax stating that, by Mayflower's calculations, the delinquent credit to the seller should be $1 and not the $8,381.11 paid. .Mayflower requested from. Chang that a net payment of $7,821.59 be remitted to Mayflower (Exhibit 5). Oct 15 2008 5:31PM Aug 02 05 12:42p NEVE & ASSOCIATES PLLC 9529293838 20. Denmark Min recalculated the delinquent credit owed to the seller, end concluded that the correct amount of delinquent credit should have been $2,421.43 instead of $8,381.I1 (Exhibit 17; Exhibit 18). 21. Both parties agree that $8,381.11 was inaccurate. Mayflower asserts that the calculation should have been $1,559.52, Denmark Mini does not admit that any amounts are owing, but states that their recalculation the delinquent credit owed at closing should have been $2,421.43 (Exhibit 17). There is a. difference of $861.91 between the two re- calculations. 22. Denmark Mini argues that the plain language ofthe contract indicates that Mayflower should have contacted Denmark Mini and riot Chang to inform them of the miscalculation. Warranty Claim (Count 6) 23. Paragraph 7 of the Agreement, entitled "Seller's Covenants, Warranties and Representations," states, in pertinent part: Seller covenants, warrants and represents to Purchaser, as ofthe date hereof, and as of the Closing, (its representations and warranties, but not its covenants, being limited to its a ctual =rent knowledge as of each such time), the following: * *" (5) There are no defects in the Improvements. The Improvements are in good operating condition and repair and were built in accordance with, and now comply with, all applicable zoning, building, health, safety, environmental and other laws to which they are subject. * *4. (k) All equipment, systems and appliances related to the Property (including any heating, ventilation, plvenbing, electrical and air 5 P7 p.7 Oct 15 2008 5:31PM Aug 02 05 12:42p NEVE & ASSOCIATES PLLC Warranties," and states: 6 9529293939 p.8 conditioning systems, as well as wiring, paving, roofing, and other such aspects of the Property) are in good working order and without defects. Seller has no notice or basis for believing that there are any stolen, hazardous or contraband goods stored on the Property. 24. Paragraph 16 of the Agreement is entitled "Survival of Representations and p.8 The representations and warranties set forth in this Agreement shall be continuing and shall survive the Closing, but shall expire six months after Closing, except as to claims made with reasonable specificity in a notice provided before the end of such six months. (emphasis added) 25. Badzin testified that an architectural firm inspected the Property prior to closing, and Mayflower approved of the physical condition of the Property pursuant to Paragraph 8, section (g) of the Agreement, which states: Purchaser approves of the physical condition of the Property (including, without Imitation, an environmental audit and tests). 26, Mayflower faxed a latter to Chang on January 7, 2003, containing purported notice that the plumbing in the office restroom of the Property would freeze during the winter months, and that Mayflower intended to have the problem fixed and would forward a quote to do so (Exhibit 6), This letter, even ilk constituted notice, was beyond the six month period proscribed by the Agreement. 27. Denmark Mini did not possess actual, current lflnowkdge of any res room plumbing problems as of the date the Agreement was signed or as of closing. 28. Mayflower did not provide notice of any other alleged defects in the Property, including, but not limited to, a leaking window, broken gate bracket, and defective outside light system.. Oct 15 2008 5:32PM Aug 02 05 12:43p NEVE & ASSOCIATES PLLC 9529293939 7 p,9 P. 9 Yellow Page Advertising (Counterclaim 1) 29. Paragraph 7 of the Agreement states, in pertinent part: (n) Seller will execute and deliver to Purchaser, prior to the Closing, all documents required by the telephone company, inchding s^apersedure papers, to transfer Seller's telephone number, telephone listing and yellow page advertisements to Purchaser and all expenses related thereto shall be prorated as of Closing. 30. Cornerstone Development claims to have received invoices for Yellow. Page ads totaling $7,384.80: $1252.80 for Minneapolis Yellow Pages and $6132.00 for St. Paul Yellow Pages (Exhibit 19). The prorated amount for Mayflower would be $6,758.40 (Exhibit 19). 31. Cornerstone Development requested reimbursement of the $6,758.40 and has not received any payment. 32. Mayflower argues that the contractual language was not followed for Cornerstone Development to request reimbursement of the claimed Yellow Page Advertising. Unauthorized Use of Name (Counterclaim 2) 33. Cornerstone Development did not pursue this claim at trial, either at the contested hearing or in the submitted legal arguments. Attorneys' Fees 34. Paragraph 18 of the Agreement states: In any litigation between the parties to enforce any provision or right under this Agreement, the unsuccessful party covenants and agrees to pay to the successful party all costs and expenses incurred by the prevailing party in connection with the litigation including, but not limited to, reasonable attorneys' fees. Oct 15 2008 5:32PM Aug 02 05 12:43p NEVE & ASSOCIATES PLLC 9529293939 p. 10 p.10 35. The Court finds reasonable attorney fees in this matter to be one thousand five hundred dollar ($1,500.00), .Based on the above Findings of Fact, the Court makes the following: COXCLUSXONS OF LAW Under Minnesota taw, unambiguous terns of a contract must be construed according to their plain and ordinary meaning. Minneapolis Public Housins Authority v. L;or, 591 N. W.2d 700, 704 (Iviinn.1999); Brookfield Trade Center Inc V County of ft.amgev, 584 N.W.2d 390, 394 (Minn. 1998); Turner v. Aloha Phi Sororitylkaugg, 276 N.W.2d 63, 67 (Minn. 1979). 2. Prepaid Rent Calculation Claim -- Mistake (Count 1): Both parties understood at closing that their might be a mistake in the prepaid rent calculations, and incorporated into their Agreement that an appropriate adjustment would be made, if need be, after closing. A mutual mistake was made at closing and resulted in a material overpayment of S5,959,68. Mayflower is entitled to relief by rescission or adjustment of the purchase price for this overpayment. See Koenig v. Warthbo1z, 309 N.W.2d 803 (Minn. 1981). 3. Prepaid Rent Calculation Claim — Other Claims (Counts 2, 3, 4, and 5): Mayflower wholly failed to show that the error in prepaid rent calculations was due to nnisrep.resentaticn, fraud, or fraud in the inducement. A cause of action for unjust enrichment is not available to Mayflower as there is a contract governing therights of the parties. See Stein v. O'Brien, 565 N.W.2d 472, 474 (Minn. Ct. App. 1997). . Oct 15 2008 5:32PM NEVE & ASSOCIATES PLLC 9529293939 Aug 02 05 12:43p 4. Warranty Claim (Count 6) : Pursuant to the contractual language of their agreement, Denmark Mini is not liable to Mayflower for any alleged Property defects of which it had no actual knowledge or did not receive proper notice pursuant to the terms of the Agreement. 5. Yellow Pages Advertising ( Countere)aim 1): Defendant Cornerstone Development failed to show that it satisfied the contractual requirements •o request reimbursement for Yellow Page expenses incurred in association with the Property. 6. Unauthorized Ilse of Name (Counterclaim 2): Defendant Cornerstone Development did not pursue this claim at trial. 7. Attorneys' Fees: Under the Agreement, reasonable attorneys' fees axe clue to the prevailing party. Based on the above Findings of Fact and Conclusions of Law, the Court makes the following: ORDER FOR JUDGMENT I . That judgment in the amount of S5,959.68 together with statutory costs and disbursements, shall be entered in favor of Plaintiff Mayflower Town Centre Properties, LLC, and against Defendant Denmark Mini. L.P., on Count I of Plaintiff's Complaint. 2. That all other of Plaintiff's claims against Defendant Denmark Mini., L.P., are hereby DISMISSED, with prejudice. 3. That all of Plaintiff's claims against all other Defendants are hereby DISMISSED, with prejudice. 9 Oct 15 2008 5:32PM NEVE & ASSOCIATES PLLC Aug 02 05 12:43p 4. That Defendant Cornerstone Development Corporation's counterclaims are hereby DISMISSED, with prejudice. 5. That Defendant Denmark Mini., L.P. shall pay to Plaintiff Mayflower Town Centre Properties, .LL.C attorneys' fees in the amount of $1,500.00. LET JUDGMENT BE ENTERED ACCORDINGLY. Dated: 7— r2 j 10 9 9529283939 BY THE COURT: Thomas W. Bibua judge of Court p.12 p.12