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NOTICE OF PARTITION SALE
UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
Case No.: 8:13-bk-348-KRM
Case No.: 8:13-bk-350-KRM
Case No.: 8:13-bk-3354-KRM
Chapter 7
(Jointly Administered Under 8:13-bk-348-KRM)
Adversary Proceeding
No: 8:14-ap-810-CED
IN RE:
COLONY BEACH & TENNIS CLUB, INC., COLONY BEACH, INC.,
RESORTS MANAGEMENT, INC.,
Debtors.
COLONY LENDER, LLC,
Plaintiff, vs.
BREAKPOINTE, LLC,
Defendants.
NOTICE IS HEREBY GIVEN that pursuant to the Final Summary Judgment of Partition (AP-810, Doc. No. 67) (the “Judgment”) and the Agreed Order of Partition Sale dated May 16, 2018, (AP-810, Doc. No. 75) (the “Order”) in that certain action for partition of property styled COLONY LENDER, LLC v. BREAKPOINTE, LLC, Adversary Proceeding No. 8:14-ap-810-CED, pending in the United States Bankruptcy Court, Middle District of Florida, Tampa Division, where Unicorp Acquisitions, LLC, Brandon Commons, L.L.C., Lake Brandon Shoppes, L.L.C., Metro Pointe, L.L.C., Metro Plaza, L.L.C., and WPT Outparcel, L.L.C. are the substituted Plaintiffs and Breakpointe, LLC is Defendant, MARK HEALY, appointed as Special Magistrate pursuant to the terms of the Order, shall sell by public auction on July 24, 2018, at 2:00 p.m. in Courtroom 9A of the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida, in accordance with the terms of the Order, the following described real property, situate and being in Sarasota County, Florida (the “Property”):
SEE ATTACHED EXHIBIT “A”.
EXHIBIT A
Page 1 of 2
PARCEL 1:
Parcel A
Begin at a point on the North line of U.S. Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West 996.0 feet; thence South 44 deg East, 364.68 feet; thence North 46 deg East, 46.03 feet to the principal PLACE OF BEGINNING; thence along the arc of a curve deflecting left an arc distance of 148.35 feet; thence chord of which bears South 31 deg 49 min 36 sec East, a chord distance of 120.63 feet, said curve having a radius of 68.00 feet; thence along the arc of a curve deflecting to the left an arc distance of 87.65 feet, the chord of which bears North 4 deg 28 min 24 sec East, a chord distance of 61.24 feet; said curve having a radius of 31.00 feet; thence along the arc of a curve deflecting to the right an arc distance of 49.43 feet, the chord which of bears North 47 deg 01 min 36 sec West, a chord distance of 47.27 feet; said curve having a radius of 48.00 feet; thence North 74 deg 31 min 36 sec West, 36.46 feet to the principal PLACE OF BEGINNING.
Parcel B
Begin at a point on the North line of U.S. Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West, 50.00 feet to the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 44 deg East, 590.00 feet along the West right-of-way line of said Parkway (Gulf of Mexico Drive) to the principal PLACE OF BEGINNING; thence South 46 deg West, 165.00 feet; thence South 44 deg East, 190.00 feet; thence North 46 deg East, 165.00 feet; thence North 44 deg West, 190.00 feet to the principal PLACE OF BEGINNING.
Parcel C
Begin on the North line of U.S. Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West, 50.00 feet to the West right-of-way line of said parkway (Gulf of Mexico Drive); thence South 44 deg East, 155.00 feet along the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 46 deg West, 120.91 feet; thence South 44 deg East, 65.00 feet; thence South 46 deg West, 90.93 feet; thence South 44 deg East, 62.00 feet; thence South 46 deg West, 50.00 feet to the principal PLACE OF BEGINNING; thence continuing South 46 deg West, 325.00 feet; thence North 44 deg West, 20.00 feet; thence South 46 deg West, 60.00 feet; thence South 44 deg East, 159.00 feet; thence North 46 deg East, 60.00 feet; thence North 44 deg West, 20.00 feet; thence North 46 deg East, 325.00 feet; thence North 44 deg West, 119.00 feet to the principal PLACE OF BEGINNING.
EXHIBIT A
Page 2 of 2
Parcel D
Begin at a point on the North line of Government Lot 4 in Section 17, Township 36 South, Range 17 East, Sarasota County, Florida, 613.5 feet West of the Northeast corner of said Lot 4, said point being in the center of the John Ringling Parkway pavement; thence South 46 deg West, 50.00 feet to the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence South 44 deg East, 155.00 feet along the West right-of-way line of said Parkway (Gulf of Mexico Drive) to the principal PLACE OF BEGINNING; thence South 46 deg West, 120.91 feet; thence South 44 deg East, 65.00 feet; thence South 46 deg West, 90.93 feet; thence South 44 deg East, 245.00 feet; thence North 46 East, 90.93 feet; thence North 44 deg West, 65.00 feet; thence North 46 deg East, 120.91 feet to a point on the West right-of-way line of said Parkway (Gulf of Mexico Drive); thence North 44 deg West, 245.00 feet to the principal PLACE OF BEGINNING.
Parcel E
Locker Room Unit B and Meeting Room and Club House Unit D of COLONY BEACH & TENNIS CLUB, a Condominium according to the Declaration thereof recorded in Official Records Book 1025, Pages 200 through 277, inclusive, and as per Condominium Plat Book 7, Pages 12 through 12F, inclusive, public records of Sarasota County, Florida, together with all appurtenances thereto.
TOGETHER WITH all rights of access and easement rights under the Declaration of Condominium of Colony Beach & Tennis Club, recorded in Official Records Book 1025, Page(s) 200-277, as amended, public records of Sarasota County, Florida.
All interested bidders must contact the Special Magistrate, MARK HEALY, at:
Michael Moecker & Associates
1883 Marina Mile Blvd., Suite 106
Ft. Lauderdale, FL 33315
904-210-7023
[email protected]
to participate in the auction. Pursuant to the Order, the following terms and conditions for the auction will apply:
1. The auction will be an absolute auction and an as-is sale of the Property, subject to all liens, claims and encumbrances.
2. At least five (5) days prior to the auction date, all interested bidders must qualify to be eligible to bid by: (a) submitting to the Special Magistrate a deposit by certified or cashier's check drawn on a bank in the United States or wire transfer the sum of
$1,000,000.00 (the “Initial Deposit”); AND (b) providing written proof of funds to the Special Magistrate in an amount equal to $20,000,000.00. The Initial Deposit shall be non-refundable until a refund is permitted after the auction under paragraph 3(g) of the Order and shall be held in an escrow account by Moecker Realty, Inc. (“Escrow Agent”).
3. Bidding will open with a minimum bid of $500,000.00 and proceed in minimum increments of $10,000.00.
4. Within seven (7) days after the auction, the winning bidder is required to deposit the remaining balance of the winning bid by certified or cashier's check drawn on a bank in the United States or wire transfer with the Escrow Agent. Failure to pay the balance of the winning bid will result in the forfeiture of the Initial Deposit by the winning bidder, and the Special Magistrate will re-auction the Property pursuant to the terms of the Order.
5. In any re-auction, only previously qualified bidders will be eligible to bid, except that the winning bidder from the prior auction who failed to close shall be disqualified. The minimum bid in any re-auction shall be $4,329,600.00, which is the 2017 assessed value of the Property by the Sarasota County Tax Collector. The re-auction shall occur within ten (10) business days of the deadline for the first successful bidder to submit the Supplemental Deposit using the same procedures and upon at least five (5) business days' notice to all previously qualified bidders.
6. If Plaintiffs, who own a 95 percent interest in the Property, or Defendant, who owns a 5 percent interest in the Property, are the winning bidder, they are entitled to a credit against the amount of the winning bid pursuant to paragraph 3.i of the Order.
7. The sale of the Property is subject to confirmation by the United States Bankruptcy Court. Upon confirmation of the sale, the Property will be conveyed to the winning bidder by the Special Magistrate by a Quitclaim Deed.
8. All documentary stamp taxes due on the Quitclaim Deed shall be payable by the party to whom the deed is issued.
9. All proceeds from the sale will be distributed pursuant to the terms of the Order on confirmation of the sale.
10. There are other terms and conditions of the auction in the Order. All interested bidders should review the Judgment and Order before registering to bid.
11. Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale.
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 access coordinator for the U.S. District Court, Middle District of Florida, Tampa Division at (813) 301-5455, at least 7 days before a scheduled court proceeding to make necessary arrangements, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. The coordinator can also be contacted by E-mail at: [email protected].
DATED: May 23, 2018.
Respectfully submitted,
/s/ Richard H. Martin
Richard H. Martin, Esq.
Florida Bar Number: 579831
Email: [email protected] AKERMAN LLP
401 E. Jackson Street Suite 1700
Tampa, FL 33602-5250
Phone: (813) 223-7333
Fax: (813) 223-2837
and
Jules S. Cohen, Esq.
Florida Bar Number: 014520
Email: [email protected] AKERMAN LLP
420 South Orange Avenue
Suite 1200
Orlando, FL 32801-4904
Phone: (407) 423-4000
Fax: (407) 843-6610
Attorneys for Plaintiffs, Unicorp Acquisitions, LLC, Brandon Commons, LLC, Lake Brandon Shoppes, LLC, Metro Pointe, LLC, Metro Plaza, LLC and WPT Outparcel, LLC
45221348;3
June 8, 15, 2018 18-01326S