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FIRST INSERTION
RE-NOTICE OF SALE
IN THE CIRCUIT COURT OF
THE 6th JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CASE NO.: 11-12332 CI (011)
BBX PARTNERS, INC., formally known as BANKATLANTIC BANCORP PARTNERS, INC.,
Plaintiff, vs.
TAIPAN PROPERTY VI, L.L.C., a Florida limited liability company; RICHARD A. CARTAGENA,
individually; CLIFFORD J. DAVIS, individually; GIBBS-TREVENA, INC., a Florida corporation; and CITY OF LARGO, FLORIDA, a political subdivision of the State of Florida
Defendants.
NOTICE IS HEREBY GIVEN pursuant to both a Summary Final Judgment, entered in Civil Case number 11-12332 CI (011) of the Circuit Court of the 6th Judicial Circuit in and for Pinellas County, Florida, wherein BBX PARTNERS, INC., is Plaintiff and TAIPAN PROPERTY VI, L.L.C., is the Defendant and an Order on Plaintiff's Motion to Reschedule Foreclosure sale; the Clerk will sell to the highest and best bidder for cash online at www.pinellas.realforeclose.com on June 21, 2013 at 10:00 a.m., the following described property as set forth in said Final Judgment, to-wit:
(a.) Real Property:
SEE ATTACHED EXHIBIT “A”
EXHIBIT “A”
Lot 24, LAKE LARGO HAMMOCK #2, according to the map or plat thereof as recorded in Plat Book 6, Page 29, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, LESS and except the South 50 feet thereof.
(b) Personal Property:
SEE ATTACHED EXHIBIT “B”
EXHIBIT “B”
All right, title and interest of Debtor in the property described below:
1. All buildings, structures, and improvements of every nature whatsoever now or hereafter situated on the real property situated in Pinellas County, Florida, as more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof (the “Property”), including any temporary sales center, 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 oparation of the Property, owned by Debtor, and buildings, structures or other improvements, such as, without limitation, all apparatus, machinery, appliances, equipment, radiators, ranges, refrigerators, awnings, shades, blinds, incinerating and 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 located on the Property.
2. 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, tools, lawn equipment, floor coverings, and elevators.
3. All of Debtor's right, title and interest 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.
4. All easements, rights of way, streets, ways, alleys, passages, sewer rights, water rights and powers, 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 and demand whatsoever, at law, as well as in equity, of Debtor of, in and to the same, including but not limited 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; and all architectural building plans and specifications and all abstracts of title relating to the Property.
5. 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.
6. All of Debtor's right, title and interest in and to all agreements for the sale and purchase of the Property, or any part thereof, including without limitation, contracts for the sale of individual residential townhome units constructed on the Property, heretofore or 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, and all proceeds thereof.
7. 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, 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.
8. All contracts and contract rights and accounts of Debtor now or hereafter arising from contracts now or heretofore or hereafter entered into in connection with development (onsite and offsite) of the Property, 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, marketing, sales, franchise, licenses and service agreements, related to the business now or hereafter conducted by Debtor on the Property).
9. All accounts, contract rights, goods, inventory, intangible personal property, permits, licences, and all personal property, whether actually or constructively attached to, connected with, or associated with the Property.
10. 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.
11. All of Debtor's interest in all utility security deposits or bonds on the Property or any part or parcel thereof.
12. All instruments, documents, chattel papers, letters of credit, together with any and all rights of Debtor in all sums evidenced by letters of credit created or coming into existence affecting the Property, and general intangibles relating to or arising from the foregoing collateral and all cash and non-cash proceeds and products thereof.
13. All of Debtor's right, title and interest in and to with respect to development of the Property and construction of improvements on the Property, including but not limited to (i) plans and specifications; (ii) contractor's agreement(s) with general contractor(s), (iii) all building permits, service agreements, or other such permits and/or approvals, together with all rights and benefits derived therefrom, various approvals, permits, licenses, and authorizations from governmental and other authorities having jurisdiction of the Property and such improvements, including without limitation, all building permits, service agreements, or other such permits and/or approvals required to construct the improvements on the Property; (iv) all contracts, subcontracts, agreements, service agreements, warranties and purchase orders which have heretofore been or will hereinafter be executed by or on behalf of Debtor, or which have been assigned to Debtor, in connection with the construction of the aforesaid improvements on the Property and the use, operation and maintenance of the Property, including, without limitation, contracts with any architect, engineer or contractor and agreements of any nature relating to the aforesaid improvements on the Property.
14. All of Debtor's right, title and interest in and to the numerous agreements, instruments, ingress and egress easements, cross easements, reciprocal easements, easements for water, sewers and other utility easements, contracts, development agreements, whether now existing or hereafter created, relating to the construction of the improvements on the Property, or otherwise affecting the Property.
15. All existing and future leases, subleases, tenancies and any other agreement affecting the use of the Property, whether written or oral, now or hereafter existing with respect to any portion or portions of the Property, together with any renewals or extensions thereof and leases, subleases, tenancies, and such agreements in substitution therefor (all of which are hereinafter collectively referred to as the “Leases”), (2) all rents, deposits, issues, profits, costs reimbursements, and other payments of every kind due or payable and to become due or payable to Debtor by virtue of the Leases, or otherwise due or payable and to become due or payable to Debtor as the result of any issue, possession or occupancy of any portion or portions of the Property, (3) all right, title and interest of Debtor in and to all guarantees of the Leases and (4) any award made in any court proceeding involving any of the lessees in any bankruptcy, insolvency or reorganization proceedings in any state or federal court.
16. 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.
17. All proceeds of the foregoing.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office. 400 S. Ft. Harrison Ave., Ste. 300 Clearwater, FL 33756, (727) 464-4880(V) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing impaired call 711.
DATED this 2nd day of May, 2013.
By: William C. Davell, Esquire
Florida Bar No.: 210481
Attorneys for Plaintiff
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]
# 3778757_v1
May 10, 17, 2013 13-04827