Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 16

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          applicable provisions of the partnership agreement required a               
          public sale of those assets.  The trial court’s August 11, 1999,            
          order stated that Sunroad Asset must sell the marina “on the open           
          market at the highest price * * * [it] can procure after a                  
          reasonable marketing effort” and that it is “not legally entitled           
          to distribute Sunroad Marina [the marina] * * * in kind to itself           
          and/or an entity or entities it controls while distributing cash            
          to Collins”.                                                                
               Following this order, Sunroad Asset declined to put the                
          marina on the market.  On October 7, 1999, Collins amended his              
          complaint in the lawsuit to add a sixth cause of action for                 
          specific performance.  This cause of action prayed that the trial           
          court compel Sunroad Asset to sell the marina in the open market            
          and to distribute the sale proceeds pro rata to the partners in             
          compliance with paragraph 12 of the partnership agreement and the           
          trial court’s August 11, 1999, order.                                       
               The lawsuit was tried on April 4, 5, 6, and 26, 2000, and              
          the trial court filed its Statement of Decision and entered its             
          related judgment on October 17, 2000.  The judgment stated in               
          relevant part that:                                                         
                    IT IS ORDERED, ADJUDGED AND DECREED THAT:                         
                    1.  Pursuant to the Court’s August 11, 1999, Order                
               on Plaintiff’s Fourth Cause of Action for Declaratory                  
               Relief, plaintiff is entitled to and has a judicial                    
               declaration that Harbor Cove Marina Partners dissolved                 
               as of May 26, 1998, and that the applicable Partnership                

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