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
....,
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Mayflower Properties
Sheldon Badain
7760 France Ave So.
Suite 1100
Edina, MN 55435
Phone: 9524864337
Fox: 952486-7501
Email: gbadzingmqvfiawetvronertiell.cem
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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
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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
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Oct 15 2008 5:31PM
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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
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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
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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.
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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. -
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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).
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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
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Warranties," and states:
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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
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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..
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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.
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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
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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.
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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
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9529283939
BY THE COURT:
Thomas W. Bibua
judge of Court
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