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FIRST INSERTION
NOTICE OF SALE
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
REF#: 13-004666 CI
UCN: 522013CA004666XXCICI
WELLS FARGO BANK, NA. as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust
2006-CIBC16, Commercial
Mortgage Pass-Through
Certificates, Series 2006-CIBC16,
Plaintiff, v.
GOLDEN GATE PARKWAY, LLC, a Florida limited liability company; PLAZA ARMS LIMITED PARTNERSHIP, a Florida limited partnership; and CITY OF ST. PETERSBURG, FLORIDA,
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 single sale of the subject properties located in Pinellas County, Florida and in Collier County, Florida 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”
(PROPERTY DESCRIPTION)
PINELLAS COUNTY PROPERTY:
Lots 1, 2, 3 and 4, KORTSCH'S WEDGEWOOD PARK “TRACT A” PARTIAL REPLAT, as recorded in Plat Book 52, Page 18 of the public records of Pinellas County, Florida.
Together with the following property of Plaza Arms Limited Partnership (“Plaza Arms”):
All of Plaza Arms' estate, right, title and interest in, to and under the following described property whether now owned or hereinafter acquired by Plaza Arms (collectively, the “Plaza Arms Property”):
1. Land. The real property located in Pinellas County, Florida, described directly above and made a part hereof (collectively, the “Plaza Arms Land”), together with additional lands, estates and development rights hereafter acquired by Plaza Arms for use in connection with the development, ownership or occupancy of such real property, and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing executed in connection herewith (the “Security Instrument”);
2. Improvements. The buildings, structures, fixtures, additions, accessions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Plaza Arms Land (the “Improvements”);
3. Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests; privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Plaza Arms Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Plaza Arms Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Plaza Arms of, in and to the Plaza Arms Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
4. Fixtures and Personal Property. All machinery, equipment, goods, inventory, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Plaza Arms, or in which Plaza Arms has or shall have an interest, now or hereafter located upon the Plaza Arms Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Plaza Arms Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Plaza Arms, or in which Plaza Arms has or shall have an interest, now or hereafter located upon the Plaza Arms Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Plaza Arms Land and the Improvements, and the right, title and interest of Plaza Arms in and to any of the Plaza Arms Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Plaza Arms Property is located (the “Uniform Commercial Code”), superior in lien to the lien of the Security Instrument and all proceeds and products of the above;
5. Leases and Rents. All leases and other agreements affecting the use, enjoyment or occupancy of the Plaza Arms Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Plaza Arms of any petition for relief under 11 U. S. C. § 101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (individually, a “Lease”; collectively, the “Leases”) and all right, title and interest of Plaza Arms, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents (including all tenant security and other deposits), additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Plaza Arms Land and the Improvements whether paid or accruing before or after the filing by or against Plaza Arms of any petition for relief under the Bankruptcy Code (collectively the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;
6. Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Plaza Arms Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Plaza Arms Property;
7. Insurance Proceeds. All proceeds of and any unearned premiums on any insurance policies covering the Plaza Arms Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Plaza Arms Property;
8. Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Plaza Arms Property as a result of tax certiorari or any applications or proceedings for reduction;
9. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
10. Rights. The right, in the name and on behalf of Plaza Arms, to appear in and defend any action or proceeding brought with respect to the Plaza Arms Property and to commence any action or proceeding to protect the interest of Plaintiff in the Plaza Arms Property;
11. Agreements. All agreements, contracts (including purchase, sale, option, right of first refusal and other contracts pertaining to the Plaza Arms Property), certificates, instruments, franchises, permits, licenses, approvals, consents, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Plaza Arms Property (including any Improvements or respecting any business or activity conducted on the Plaza Arms Land and any part thereof) and all right, title and interest of Plaza Arms therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Plaza Arms thereunder;
12. Trademarks. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Plaza Arms Property;
13. Accounts. All accounts, accounts receivable, escrows (including, without limitation, all escrows, deposits, reserves and impounds established pursuant to that certain Escrow agreement for Reserves and Impounds of even date herewith between Plaza Arms and Plaintiff), documents, instruments, chattel paper, deposit accounts, investment property, claims, reserves (including deposits) representations, warranties and general intangibles, as one or more of the foregoing terms may be defined in the Uniform Commercial Code, and all contract rights, franchises, books, records, plans, specifications, permits, licenses (to the extent assignable), approvals, actions, choses, commercial tort claims, suits, proofs of claim in bankruptcy and causes of action which now or hereafter relate to, are derived from or are used in connection with the Property, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon; and
14. Other Rights. Any and all other rights of Plaza Arms in and to the Plaza Arms Property and any accessions, renewals, replacements and substitutions of all or any portion of the Plaza Arms Property and all proceeds derived from the sale, transfer, assignment or financing of the Plaza Arms Property or any portion thereof.
AND
COLLIER COUNTY PROPERTY:
Lots 4, 5 and 6, Block 81, GOLDEN GATE UNIT 3, according to the plat thereof recorded in Plat Book 5, Pages 97 to 105 of the public records of Collier County, Florida.
Together with the following property of Golden Gate Parkway LLC (“Golden Gate”):
All of Golden Gate's estate, right, title and interest in, to and under the following described property whether now owned or hereinafter acquired by Golden Gate (collectively, the “Golden Gate Property”):
1. Land. The real property located in Collier County, Florida, described directly above and made a part hereof (collectively, the “Golden Gate Land”), together with additional lands, estates and development rights hereafter acquired by Golden Gate for use in connection with the development, ownership or occupancy of such real property, and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing executed in connection herewith (the “Security Instrument”);
2. Improvements. The buildings, structures, fixtures, additions, accessions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Golden Gate Land (the “Improvements”);
3. Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests; privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Golden Gate Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Golden Gate Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Golden Gate of, in and to the Golden Gate Land and the Improvements and every part and parcel thereof, with the appurtenances thereto;
4. Fixtures and Personal Property. All machinery, equipment, goods, inventory, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Golden Gate, or in which Golden Gate has or shall have an interest, now or hereafter located upon the Golden Gate Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future use, maintenance, enjoyment, operation and occupancy of the Golden Gate Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Golden Gate, or in which Golden Gate has or shall have an interest, now or hereafter located upon the Golden Gate Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Golden Gate Land and the Improvements, and the right, title and interest of Golden Gate in and to any of the Golden Gate Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Golden Gate Property is located (the “Uniform Commercial Code”), superior in lien to the lien of the Security Instrument and all proceeds and products of the above;
5. Leases and Rents. All leases and other agreements affecting the use, enjoyment or occupancy of the Golden Gate Land and the Improvements heretofore or hereafter entered into, whether before or after the filing by or against Golden Gate of any petition for relief under 11 U. S. C. § 101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) (individually, a “Lease”; collectively, the “Leases”) and all right, title and interest of Golden Gate, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents (including all tenant security and other deposits), additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Golden Gate Land and the Improvements whether paid or accruing before or after the filing by or against Golden Gate of any petition for relief under the Bankruptcy Code (collectively the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;
6. Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Golden Gate Property, whether from the exercise of the right of eminent domain (including but not limited to any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Golden Gate Property;
7. Insurance Proceeds. All proceeds of and any unearned premiums on any insurance policies covering the Golden Gate Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Golden Gate Property;
8. Tax Certiorari. All refunds, rebates or credits in connection with a reduction in real estate taxes and assessments charged against the Golden Gate Property as a result of tax certiorari or any applications or proceedings for reduction;
9. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims;
10. Rights. The right, in the name and on behalf of Golden Gate, to appear in and defend any action or proceeding brought with respect to the Golden Gate Property and to commence any action or proceeding to protect the interest of Plaintiff in the Golden Gate Property;
11. Agreements. All agreements, contracts (including purchase, sale, option, right of first refusal and other contracts pertaining to the Golden Gate Property), certificates, instruments, franchises, permits, licenses, approvals, consents, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Golden Gate Property (including any Improvements or respecting any business or activity conducted on the Golden Gate Land and any part thereof) and all right, title and interest of Golden Gate therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Golden Gate thereunder;
12. Trademarks. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Golden Gate Property;
13. Accounts. All accounts, accounts receivable, escrows (including, without limitation, all escrows, deposits, reserves and impounds established pursuant to that certain Escrow agreement for Reserves and Impounds of even date herewith between Golden Gate and Plaintiff), documents, instruments, chattel paper, deposit accounts, investment property, claims, reserves (including deposits) representations, warranties and general intangibles, as one or more of the foregoing terms may be defined in the Uniform Commercial Code, and all contract rights, franchises, books, records, plans, specifications, permits, licenses (to the extent assignable), approvals, actions, choses, commercial tort claims, suits, proofs of claim in bankruptcy and causes of action which now or hereafter relate to, are derived from or are used in connection with the Golden Gate Property, or the use, operation, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon; and
14. Other Rights. Any and all other rights of Golden Gate in and to the Golden Gate Property and any accessions, renewals, replacements and substitutions of all or any portion of the Golden Gate Property and all proceeds derived from the sale, transfer, assignment or financing of the Golden Gate Property or any portion thereof.
at public sale, on March 14, 2014, 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.
DATED: February 7, 2014.
HEATHER E. BUSH
Florida Bar No. 85759
[email protected]
FOWLER WHITE BOGGS P.A.
501 E. Kennedy Blvd., Suite 1700 Tampa, FL 33602
Telephone: (813) 228-7411
Facsimile: (813) 229-8313
February 21, 28, 2014 14-00569C