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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA
CASE NO.: 11-5326 CI 7
DOUGHERTY FUNDING LLC, a Delaware limited liability company,
Plaintiff, v.
CRYSTAL BEACH CAPITAL, LLC, a Florida limited liability company; et al.,
Defendants.
NOTICE IS HEREBY GIVEN that, pursuant to a Final Judgment entered in the above-styled cause in the Circuit Court of Pinellas County, Florida, the Clerk of Court shall hold a sale of the subject property described as:
See Exhibit A attached hereto and made a part hereof by reference as is fully set forth herein for legal description.
EXHIBIT A
A parcel of land lying in Section 8, Township 29 South, Range 15 East, Pinellas County, Florida being more particularly described as follows;
Lot 57, Lot 104, the South 20.00 feet of Lot 56, and the South 20.00 feet of Lot 103, of The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Together with Lot 105, Lot 106, and the North half of Lot 107, of The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Together with Lots 58 and 59, of The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida.
Together with that portion of Third Avenue a 60.00 foot right-of-way, being bounded on the East by the West right-of-way line of Coronado Drive, and on the West by the East right-of-way line of Gulf View Boulevard, on the North by the South property line of Lot 57 and Lot 104, and the South by the North property line of Lot 58 and Lot 105.
Together with the East 35.00 feet of a 70.00 foot right-of-way of Gulf View Boulevard, bounded on the North by the Westerly extension of a line lying 20 feet North of and parallel with the North property line of Lots 57 and 104, and on the South by the Westerly extension of the South line of Lot 59.
Less and Except the East 10.00 feet thereof, as per terms and conditions and provisions as recorded in instrument recorded in O.R. Book 12189, Page 2198 and amended in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida.
Also described as:
All of AQUALEA RESORT, A CONDOMINIUM, according to The Declaration of Condominium recorded in O.R. Book 16930, Page 709, and all exhibits and amendments thereof, Public Records of Pinellas County, Florida; Less and Except Units No. 809, 833, 835, 942, 1002, 1136, 1140, and 1143.
And
All of AQUALEA RESIDENTIAL, A CONDOMINUM, according to The Declaration of Condominium recorded in O.R. Book 16930, Page 822, and all exhibits and amendments thereof, Public Records of Pinellas County, Florida.
And
All of AQUALEA COMMERCIAL, A CONDOMINIUM, according to The Declaration of Condominium recorded in O.R. Book 16930, Page 916, and all exhibits and amendments thereof, Public Records of Pinellas County, Florida.
Parcel 2 (Easement):
THE NON-EXCLUSIVE PERPETUAL EASEMENT OVER, ABOVE, UPON, THROUGH AND ACROSS, AS SET FORTH IN THAT CERTAIN NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THAT CERTAIN GRANT OF EASEMENT, DATED APRIL 30, 2007, AND FILED MAY 4, 2007, IN OFFICIAL RECORDS BOOK 15775, PAGE 484, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
SUBJECT TO THE TERMS, PROVISIONS AND CONDITIONS SET FORTH IN SAID INSTRUMENT, BEING MORE PARTICULARLY DESCIBED AS FOLLOWS:
Commence at the Southwest corner of Lot 59, Lloyd-White Skinner Subdivision, as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida; thence N 82º15'44” W on a projection of the South boundary line of said Lot 59, a distance of 35.00 feet to the Point of Beginning, said point being the Southwest corner of a portion of Gulf View Boulevard vacated per ordinance No. 7600-06. O. R. Book 14956, Page 2380; thence continue along said projection N 82º15'44” W, a distance of 17.50 feet to a point on a curve to the left; thence along said curve 173.17 feet, having a radius of 5965.02 feet, and a central angle of 01º39'48” subtended by a chord bearing of N 06º54'57” E and a distance of 173.16 feet to a point of tangency, said curve being 17.50 feet West and parallel to said vacated right-of-way thence N 06º05'03” E, a distance of 105.06 feet; thence S 83º54'57” E along the projection of the North line of the South 20 feet of Lot 56 of said Lloyd-White Skinner Subdivision, a distance of 17.50 feet to a point on said vacated right-of-way, thence S 06º05'03” W along said vacated right-of-way, a distance of 105.06 feet to a point of curvature; thence 173.68 feet along a curve to the right, having a radius of 5982.52 feet and a central angle of 01º39'48”, subtended by a chord bearing of S 06º54'57” W and a distance of 173.67 feet to the Point of Beginning.
(The above and foregoing shall be referred to herein as the “Real Property.”)
Together with the following personal property:
Capitalized terms not otherwise defined herein shall have the meaning ascribed to them as provided in the Loan Agreement between Debtor and Lender dated August 17, 2007.
BUILDINGS
All buildings and improvements now or hereafter located on the Real Property (“Buildings”).
EQUIPMENT, INVENTORY, FIXTURES AND GOODS
All equipment, inventory, fixtures and goods, owned or hereafter acquired by Debtor and now or hereafter attached to, located at, or placed in the improvements on the Real Property including, without limitation (i) all machinery, fittings, fixtures, apparatus, appliances, equipment or articles used to supply heating, gas, electricity, air conditioning, water, light, waste disposal, power, refrigeration, ventilation, and fire and sprinkler protection, (ii) all maintenance supplies and repair equipment, (iii) all draperies, carpeting, floor coverings, screens, storm windows and window coverings, blinds, awnings, shrubbery and plants, (iv) all elevators, escalators and shafts, motors, machinery, fittings and supplies necessary for their use, and (v) all building materials and supplies now or hereafter delivered to the Premises (it being understood that the enumeration of any specific articles of property shall in no way be held to exclude any items of property not specifically enumerated), as well as renewals, replacements, proceeds, additions, accessories, increases, parts, fittings, insurance payments, awards and substitutes thereof, together with all interest of Debtor in any such items hereafter acquired, as well as Debtor's interest in any Lease or conditional sales agreement under which the same is acquired, all of which personal property mentioned herein shall be deemed fixtures and accessory to the freehold and a part of the realty and not severable in whole or in part without material injury to the Premises (“Equipment”), but excepting therefrom the trade fixtures, inventory, equipment and removable property owned by any tenant.
RENTS, LEASES AND
PROFITS
All rents, income, contract rights, leases and profits now due or which may hereafter become due under or by virtue of any lease, sublease, license or agreement, whether written or verbal, for the use or occupancy of the Premises or any part thereof together with all of Debtor's rights to all tenant security deposits with respect to any such leases, licenses and agreements and all interest thereon, whether now owned by Debtor or hereafter acquired or arising (“Rents” and “Lease” or “Leases,” as applicable).
INSURANCE PROCEEDS
All awards, payments or proceeds now or hereafter payable under any policy of insurance insuring the Premises including but not limited to the proceeds of casualty insurance, title insurance, business interruption/rents insurance or other insurance maintained with respect to the Premises whether by Debtor or otherwise, whether now owned by Debtor or hereafter arising.
JUDGMENTS AND AWARDS
All awards, compensation and settlements in lieu thereof made as a result of the taking by power of eminent domain of the whole or any part of the Premises, including any awards for damages sustained to the Premises, for a temporary taking, change of grade of streets or taking of access, whether now owned by Debtor or hereafter acquired or arising.
INTANGIBLES
All contracts, licenses, permits, management records, software, files, consents, governmental approvals and intangibles used, useful or required in the ownership, management or development of the Premises together with all soil reports, building permits, variances, licenses, utility permits and other permits and agreements relating to the construction or equipping of the improvements on the Premises, or the operation or maintenance of the Premises, including, without limitation, all warranties and contract rights, whether now owned by Debtor or hereafter acquired or arising.
CONSTRUCTION
CONTRACTS
Each contract or agreement for the design, construction, furnishing and equipping of the improvements located or to be located on the Premises, together with all right, title and interest of Debtor in and to any existing or future changes, extensions, revisions, modifications, guarantees of performance or warranties of any kind thereunder, whether now owned by Debtor or hereafter acquired or arising.
PLANS AND
SPECIFICATIONS
All plans and specifications, all surveys, site plans, soil reports, drawings and papers relating to the Premises and the design, construction and equipping of the improvements on the Premises, whether now owned by Debtor or hereafter acquired or arising.
PERMITS AND LICENSES
All building permits, operating permits, variances, licenses, utility permits and other permits, licenses and agreements relating to the construction, equipping, operation or maintenance of the Premises including, without limitation, all warranties and contract rights, whether now owned by Debtor or hereafter acquired or arising.
BUILDING SUPPLIES
All building supplies and materials ordered or purchased for use in connection with the construction and equipping of the improvements on the Premises, whether now owned by Debtor or hereafter acquired or arising.
SERVICE AGREEMENTS
All rights and interests of Debtor in and under any and all service and other agreements relating to the operation, management, maintenance and repair of the Premises or the buildings and improvements thereon, whether now owned by Debtor or hereafter acquired or arising (“Service Agreements”).
DEPOSITS AND REVENUES
All rights and interests of Debtor, whether now owned or hereafter acquired or arising, in and to any and all deposits and revenues relating to the Premises, including without limitation security deposits, replacement revenue escrows, tax and insurance escrows and working capital reserves or escrows.
LOAN PROCEEDS
All proceeds and contract rights and payments payable to Debtor under any loan commitment for financing of the Premises (“Loan Proceeds”).
OTHER PERSONAL
PROPERTY
All Accounts, Chattel Paper, Deposit Accounts, Documents, Goods, General Intangibles, Payment Intangibles, Instruments and Equipment, as such terms are defined in the Florida Uniform Commercial Code in effect from time to time (the “Code”), with respect to the Premises now owned by Debtor or hereafter acquired or arising with respect to the Premises.
COMMON INTEREST
COMMUNITY RIGHTS
All of Debtor's rights under the Florida Condominium Act, Chapter 718, Florida Statutes (the “Act”), including without limitation, any and all “special declarant rights” as defined in the Act, under those certain Declarations of the Residential Condominium Association, Resort Condominium Association, and Commercial Condominium Association, which may hereafter be recorded in the Office of the Clerk of the Circuit Court of Pinellas County, Florida (together with all amendments thereto, the “Declaration”).
PROCEEDS
All proceeds, products, accessions and supporting obligations thereto.
FF&E
All furniture, wall and floor coverings, fixtures and equipment located at or used in connection with the Hotel, including without limitation, any and all: (a) furniture, furnishings, built-in serving or service furniture, carpeting, decorative millwork, decorative lighting, television receivers and other electronic equipment, interior plantings, interior water features, artifacts and artwork, and interior and exterior graphics; (b) office furniture; (c) chinaware, glassware, linens, silverware, uniforms and menus; (d) fixtures and specialized hotel equipment used in the operation of kitchens, laundries, dry cleaning facilities, bars and restaurants; (e) telephone and call accounting systems; (f) rooms management systems, point-of-sale accounting equipment, front and back office accounting system and office equipment; (g) cleaning and engineering equipment, tools, utensils and all other similar items; (h) vehicles (i) pool and recreational equipment; and (j) all other similar items which are used in the operation of the Hotel.
OPERATING ACCOUNTS
The bank accounts into which all funds received from the management and operation of the Hotel, and all Debtor's contributions to hotel working capital, shall be deposited, and from which Hyatt Corporation shall pay hotel costs and expenses, and where applicable, the cost of acquisition or replacement of FF&E and are to be used by Hyatt during the term of the Hotel Management Agreement.
at public sale, on August 22, 2013, beginning at 10:00 a.m. or as soon thereafter as the sale may proceed, to the highest and best bidder, for cash. The sale will be conducted on the prescribed date via an online sale at www.pinellas.realforeclose.com, in accordance with Chapter 45, Florida Statutes.
IMPORTANT INFORMATION PROVIDED pursuant to section 45.031, Florida Statutes:
IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.
IF YOU ARE A SUBORDINATE LIEN HOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
If the property has qualified for the homestead tax exemption in the most recent approved tax roll, also include the following two paragraphs:
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH EITHER THE PINELLAS CLERK OF CIRCUIT COURT AT 315 COURT STREET, CLEARWATER, FL 33756, (727) 464-7000, WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION.
ATTN.: PERSONS WITH DISABILITIES. If you are a person with a disability who needs any accommodations in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Michelle Leanko, 14250 49th St., N., Third Floor, H Wing, Clearwater, FL 33762; telephone (727)646-6506, within two (2) working days of your receipt of this Notice; if you are hearing impaired call 1-800-955-8771; if you are voice impaired, call 1-800-955-8770.
DATED: July 16th, 2013
Respectfully submitted,
Paul Ratelle, Esq.
Minnesota Bar No. 0127632
Fabyanske, Westra, Hart
& Thomson, P.A.
800 LaSalle Avenue, Suite 1900
Minneapolis, MN 55402
- and -
John D. Emmanuel, Esq.
Florida Bar No. 0475572
[email protected]
Darren D. Farfante, Esq.
Florida Bar No. 0097802
[email protected]
Fowler White Boggs P.A.
P.O. Box 1438
Tampa, FL 33601
Tel: (813) 228-7411
Fax: (813) 229-8313
45764106v1
July 26; Aug. 2, 2013 13-07542