Harbor Cove Marina Partners Partnership, Robert A. Collins, A Partner Other Than The Tax Matters Partner - Page 20

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          by operation of the Sunroad Marina leasehold, held by any of the            
          Sunroad Marina Defendants through and including the present and             
          continuing through the sale of the subject leasehold.”                      
               On February 14, 2003, the trial court entered a second                 
          amended judgment in the lawsuit.  The second amended judgment               
          stated in relevant part:                                                    
                    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 HCMP dissolved as of May 26, 1998, and                
               that the applicable provisions of the HCMP partnership                 
               agreement required a public sale of the partnership                    
               assets upon dissolution;                                               
                    2.  Pursuant to the aforementioned Court of Appeal                
               decision, plaintiff is granted specific performance as                 
               prayed in his Sixth Cause of Action.  SMP [Sunroad                     
               limited partnership], as constructive trustee of HCMP,                 
               shall (i) sell HCMP’s assets including, without                        
               limitation, the lessee’s rights to the property                        
               commonly known as Sunroad Resort Marina, on the open                   
               market at the highest price SMP can procure after a                    
               reasonable marketing effort and (ii) divide the net                    
               sales proceeds among the parties as follows:                           
               Plaintiff Robert A. Collins...............12%                          
               Defendant Marina Holding [sic] Partners...24%                          
               Defendant Sunroad Asset Management, Inc.                               
               fka Sunroad Marina, Inc...................64%                          
                    3.  Plaintiff is the sole prevailing party.  He                   
               shall have and recover from the Sunroad Defendants                     
               reasonable trial attorney’s fees in the sum of                         
               $168,829.50 and trial costs of suit in the sum of                      
               $4,841.70, for a total of $173,671.20.                                 

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