Order Terminating Receivership of Piper Jaffray Tower—Teachers Insurance and Annuity Association of America v. 222 South Ninth Street Limited Partnership
Summary
This court order involves Teachers Insurance and Annuity Association of America (the plaintiff) and 222 South Ninth Street Limited Partnership (the defendant) regarding the Piper Jaffray Tower in Minneapolis. The court terminates the receivership of the property, directs the receiver to transfer all remaining funds and records to the plaintiff, and requires a final report to be filed. Once these steps are completed, the receiver is discharged. The order follows the plaintiff's purchase of the property at a sheriff's sale and the expiration of the redemption period without redemption by the defendant.
EX-10.1 2 0002.txt EXHIBIT 10.1 - ------------ (Carlyle-XV) STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil Teachers Insurance and Annuity ) Case No. CT 00-010070 Association of America, a New York) corporation, ) ) Plaintiff, ) ) NOTICE OF MOTION AND MOTION vs. ) ) 222 South Ninth Street ) Limited Partnership, ) a Minnesota limited ) partnership, et al., ) ) Defendants, ) TO: Defendants above-named. YOU WILL PLEASE TAKE NOTICE that on the 5th day of April, 2001, at 8:45 a.m. in Room C1512 of the Hennepin County Government Center, Minneapolis, Minnesota before The Honorable Steven Z. Lange, Plaintiff, by and through counsel shall move the Court pursuant to Sections 559.17 and 576.01 of the Minnesota Statutes for an Order as follows: 1. Terminating the receivership of the property commonly known as the Piper Jaffray Tower located in Minneapolis, Minnesota, and legally decried as "Premises" in Exhibit A to the Complaint in this matter (hereinafter "Receivership Property"); 2. Directing the receiver for the Receivership Property, Kennedy- Wilson Minnesota Management, Inc. (hereinafter "Receiver"), to do the following: a. deliver to Plaintiff all sums collected by the Receiver with respect to the Receivership Property which remain in the possession or control of the Receiver; b. deliver to Plaintiff all books and records pertaining to the Receivership Property which are in the possession or control of the Receiver; and c. file a final report with the Court, including, at a minimum, an accounting for the receivership and a list of all leases, contracts and other agreements entered into by receiver during the receivership; 3. Discharging the Receiver as receiver in this matter upon performance of the requirements of Paragraph 2 above; and 4. For such other and further relief as the Court deems just and equitable. 1 This motion is based upon the Affidavit of Rick E. Kubler, and upon all of the files, records and proceedings herein. Dated: March 22, 2001 GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. /S/ EXECUTED SIGNATURE ------------------------------- John L. Krenn (#12493X) Rick E. Kubler (#190007) 3400 City Center 33 South Sixth Street Minneapolis, Minnesota 55402 Telephone: 612 ###-###-#### ATTORNEYS FOR PLAINTIFF TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, INC. 2 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil Teachers Insurance and Annuity ) Case No. CT 00-010070 Association of America, a New York) corporation, ) ) Plaintiff, ) ) AFFIDAVIT OF RICK E. KUBLER vs. ) ) 222 South Ninth Street ) Limited Partnership, ) a Minnesota limited ) partnership, et al., ) ) Defendants. ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Rick E. Kubler, being first duly sworn, deposes and states that; 1. I am one of the attorneys for Plaintiff in the above-entitled matter. 2. Plaintiff was the purchaser at the Sheriff's sale of the property commonly known as the Piper Jaffray Tower located in Minneapolis, Minnesota and legally described in Exhibit A to the Sheriff's Report of Sale on file herein. 3. The Court entered its Order confirming the sale of the Property to Plaintiff on October 2, 2000. 4. The six month period for redeeming the Property from the Sheriff's sale will expire on April 1,2001. 5. As of the date hereof, there has been no redemption of the Property. FURTHER YOUR AFFIANT SAYETH NOT. /S/ RICK E. KUBLER ___________________ Rick E. Kubler Subscribed and sworn to before me this 22nd day of March, 2001 /S/ MYRNA R. ERICKSON - -------------------------------- NOTARY PUBLIC SEAL - ---------------------------------------- MYRNA R. ERICKSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 - ---------------------------------------- STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT Case Type: Other Civil Teachers Insurance and Annuity ) Case No. CT 00-010070 Association of America, a New York) corporation, ) ) Plaintiff, ) ) ORDER TERMINATING RECEIVERSHIP vs. ) ) 222 South Ninth Street ) Limited Partnership, ) a Minnesota limited ) partnership, et al., ) ) Defendants. ) The above entitled cause came on to be heard by the Court at 8:45 a.m. on April 5, 2001, upon the application of the Plaintiff for an order terminating the receivership of the property commonly known as the Piper Jaffray Tower located in Minneapolis, Minnesota, and legally described in Exhibit A to the Complaint in this matter (hereinafter "Receivership Property"). The Plaintiff appeared by its attorney, Rick E Kubler, Esq., and no one appeared on behalf of the Defendants. David Costello appeared on behalf of Receiver, Kennedy-Wilson Minnesota Management, Inc. Based on the arguments of counsel, and all of the files and proceedings herein, the Court being duly advised in the premises, IT IS HEREBY ORDERED: 1. The receivership of the property commonly known as the Piper Jaffray Tower located in Minneapolis, Minnesota, and legally described in Exhibit A to the Verified Complaint in this matter ("Receivership Property") is terminated, effective April 2, 2001. 2. The receiver for the Receivership Property, Kennedy-Wilson Minnesota Management, Inc. (Hereinafter "Receiver") is directed to do the following within ten days of the date of this Order. a. deliver to Plaintiff all sums collected by the Receiver with respect to the Receivership Property which remain in the possession or control of the Receiver; b. deliver to Plaintiff all books and records pertaining to the Receivership Property which are in the possession or control of the Receiver; and c. file a final report with the Court, including, at a minimum, an accounting for the receivership and a list of all leases, contracts and other agreements entered into by Receiver during the receivership. 3. Upon performance of the requirements of Paragraph 2 above, the Receiver shall be discharged as receiver in this matter. Dated: ______________, 2001 BY THE COURT: ______________________________ Judge of District Court
