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NOTICE OF SALE
IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO.:
2011-CA-7259-O (40)
Complex Business Litigation Court
BBX CAPITAL ASSET MANAGEMENT, LLC, a Florida limited liability company,
Plaintiff, vs.
PHILLIPS-VIEW TOWER, LLC, a Florida limited liability company; and BAKER BARRIOS ARCHITECTS, INC., a Florida corporation,
Defendant(s).,
NOTICE IS HEREBY GIVEN: Pursuant to both a Summary Final Judgment dated December 6, 2012, and an Order on Plaintiff's Motion to Set Foreclosure Sale Date dated January 11, 2013, entered in Civil Case number 2011-CA-7259-O (40) of the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, in which BBX CAPITAL ASSET MANAGEMENT, LLC, is Plaintiff, and PHILLIPS-VIEW TOWER, LLC, is the Defendant; the Clerk will hereby sell to the highest and best bidder for cash at www.myorangeclerk.realforeclose.com on February 25, 2013 at 11:00 a.m. the following described property as set forth in the Summary Final Judgment, to-wit:
(a.) Real Property:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
Commence at the Northeast corner of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of Section 35, Township 23 South, Range 28 East, Orange County, Florida; thence S 00º14'06”W along the East line of the said West 1/2 and the West right of way line of Turkey Lake Road, a distance of 320.00 feet for a point of beginning; thence continue S 00º14'06”W along the East line of the West 1/2 and said West right of way line a distance of 50.00 feet; thence S 89º46'00”W a distance of 340.00 feet; thence S 52º41'26”W a distance of 176.57 feet; thence S 00º14'06”W a distance of 90.00 feet; thence S 89º47'03”W a distance of 320.00 feet; thence S 00º14'06”W a distance of 100.00 feet to the South line of said West 1/2; thence S 89º47'10”W along the South line of the West 1/2 a distance of 150.00 feet; thence N 00º14'06”E a distance of 606.30 feet to a point on the South right of way line of Sand Lake Road (State Road 482); thence N 89º45'59”E along said South right of way line a distance of 168.53 feet; thence S 00º14'06”W a distance of 259.40 feet; thence S 68º21'39”E a distance of 162.36 feet; thence N 00º14'06”E a distance of 19.89 feet; thence N 89º45'59”E a distance of 250.00 feet; thence N 00º14'06”E a distance of 300.00 feet to a point on said South right of way line; thence N 89º45'59”E along said South right of way line a distance of 50.00 feet; thence S 00º14'06”W a distance of 260.00 feet; thence N 89º45'59”E a distance of 330.00 feet to the Point of Beginning.
Said Property replatted and now known as:
PHILLIPS VIEW TOWER, according to the Plat thereof, as recorded in Plat Book 70, Page 150, of the Public Records of Orange County, Florida.
Together with easement rights appurtenant to the above property pursuant to the following:
1. Grant of Stormwater Retention/Detention License recorded in O.R. Book 4563, Page 1441, Public Records of Orange County, Florida.
2. Declaration of Covenants, Restrictions and Easement recorded in O.R. Book 4943, Page 4286, Public Records of Orange County, Florida.
3. Easement Agreement between McDonald's Corporation and Phillips-View Tower, LLC, O.R. Book 8936, Page 3344, Public Records of Orange County, Florida.
(b) Personal Property:
SEE ATTACHED EXHIBIT “B”
EXHIBIT “B”
DEBTOR: PHILLIPS-VIEW TOWER, LLC, a Florida limited liability company
SECURED PARTY: BANKATLANTIC
All of Debtor's right, title and interest in and to all buildings, structures and improvements of every nature whatsoever now or hereafter situated on the real property described on Schedule “1” attached hereto (the “Property”), and all fixtures, machinery, appliances, equipment, furniture, and property of every nature whatsoever, now or hereafter owned by Debtor and located in or on, or attached to, or used or intended to be used in connection with the operation of, the Property, buildings, structures or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, radiators, ranges, refrigerators, awnings, shades, blinds, incinerating equipment, power equipment, engines, pipes, pumps, tanks, motors, conduits, switchboards, lifting, cleaning, fire prevention, fire extinguishing, ventilating and communications apparatus, boilers, vacuum cleaning systems, elevators, escalators, screens, storm doors and windows, stoves, wall beds, attached cabinets, partitions, ducts, compressors, rugs and carpets, draperies, furniture and furnishings.
All of Debtor's right, title and interest in and to all building materials and equipment now or hereafter delivered to the Property and intended to be installed therein including, but not limited to, lumber, plaster, cement, shingles, roofing, plumbing, fixtures, pipe, lath, wall heaters, screens, window frames, glass doors, flooring, paint, lighting fixtures, and unattached refrigerating, cooking, heating, ventilating, and air conditioning ducts, appliances and equipment, kitchen goods, hotel goods, restaurant goods, bar goods, tools, lawn equipment, floor coverings, and elevators.
All rights, title and interest of Debtor in and to the minerals, soil, flowers, shrubs, crops, trees, timber, and other emblements now or hereafter on the Property, or under or above the same, or any part or parcel thereof.
All easements, rights-of-way, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and sanitary and storm sewer systems now or hereafter owned by the Debtor which are now or hereafter located by, over, and/or upon the Property, or any part and parcel thereof, and which water system includes all water mains, service laterals, hydrants, valves and appurtenances, and which sewer system includes all sanitary sewer lines, including mains, laterals, manholes, and appurtenances; and all paving for streets, roads, walkways or entrance ways now or hereafter owned by Debtor and which are now or hereafter located on the Property, or any part or parcel thereof, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances whatsoever, in any way belonging, relating or appertaining to any of the property hereinabove described, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, property, possession, claim to all judgments, awards of damages and settlements hereafter made resulting from condemnation proceedings or the taking of the Property, or any part thereof, under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Property, or any part thereof, or to any rights appurtenant thereto. Also all architectural building plans and specifications and all abstracts of title relating to the Property.
All of Debtor's right, title and interest as lessor in and to all leases or rental arrangements of the Property, or any part thereof, heretofore made and entered into, and in and to all leases or rental arrangements hereafter made and entered into by or on behalf of Debtor, together with all rents and payments in lieu of rents, together with any and all guarantees of such leases or rental arrangements and including all present and future security deposits and advance rentals.
All of Debtor's right, title and interest as seller, in and to all agreements for the sale of the Property, or any part thereof, heretofore made and entered into, and in and to all sale agreements hereafter made and entered into, by or on behalf of Debtor, together with all deposits and payments in connection therewith, together with any and all guarantees of such agreements, together with any and all receivables now or hereafter due Debtor with respect to such agreements.
All of Debtor's right, title and interest in and to all unearned premiums accrued, accruing, or to accrue under any and all insurance policies now or hereafter provided pursuant to the terms of security agreements, and all proceeds or sums payable for the loss of or damage to (a) the Property or personal property, or (b) rents, revenues, income, profits or proceeds from service agreements or contracts, leases, franchises, concessions or licenses of or on any part of the Property.
All contracts and contract rights and accounts of Debtor now or hereafter arising from contract now or hereafter entered into in connection with development, construction upon or operation of the Property (including without limitation, all warranties or guaranties by third parties, all deposits held by or on behalf of Debtor, and all management franchise, license and service agreements related to the business now or hereafter conducted by Debtor on the Property).
All accounts, contract rights, goods, inventory, intangible personal property, permits, licenses, liquor licenses, and all personal property of Debtor, whether actually or constructively attached to, connected with, or associated with the Property.
All of Debtor's right, title and interest in and to all DRI approvals, development agreements, development orders, site plans, zoning and land use rights, association documents, easements, and all other rights, approvals, petitions, instruments, entitlements and agreements applicable to the development and use of the Property.
All of the right, title and interest of Debtor in and to any trademarks, trade names, names of businesses, or fictitious names of any kind used in conjunction with the operation of any business or endeavor located on the Property.
All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
All of Debtor's right to recover distributions made to members of Debtor pursuant to Chapter 608, Florida Statutes or in accordance with any documentation governing Debtor.
All instruments, documents, chattel papers and general intangibles relating to or arising from the foregoing collateral, and all cash and non-cash proceeds and products thereof.
All products, proceeds, additions, improvements, and accessions thereto, and replacements, renewals, accessions, or substitutions thereto, in and to any of the items hereinabove set forth.
DATED this 15th day of January, 2013.
By: William C. Davell, Esquire
Florida Bar No.: 210481
MAY MEACHAM & DAVELL, P.A.
One Financial Plaza, Suite 2602
Fort Lauderdale, Florida 33394
Office: (954) 763-6006
Fax: (954) 764-5367
[email protected]
[email protected]
[email protected]
Jan. 31; Feb. 7, 2013 13-0595W