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Filing # 28017806 E-Filed 06/03/2015 10:23:19 AM
: RECORDED IN OFFICIAL RECORDS
INSTRUMENT # 2015062374 4 PG(S)
§/21/2015 10:46 AM
KAREN E. RUSHING
CLERK OF THE CIRCUIT COURT
IN THE CIRCUIT COURT OF THE TWELFTH JURRHARGERE BUNTY. FLORIDA
IN AND FOR SARASOTA COUN Fy Ff lLQR IDAs Racal
MAJOR TRIAL DIVISION Receipt # 1863578
_ MeCANN HOLDINGS, LTD.,
Plaintiff,
Vv. Case No. 2011CA003897NC
: SDC COMMUNITIES, INC.,
| VOTT-A, LLC, VOTT-B, LLC,
VOTT-C, LLC, VOTT-D, LLC,
HENRY RODRIGUEZ, and
RANDALL BENDERSON,
Defendants.
/
FINAL JUDGMENT (CORRECTED)
Pursuant to the Verdict rendered in this action and this Court’s Order on Defendants’ —
Post-Trial Motions, IT IS ADJODGED THAT:
I. Count I. The Joint Cooperation Agreement dated June 23, 2010 and recorded in
the Official Records of Sarasota County, Florida, Instrument # 2010077555, is declared null and
void and all restrictions contained therein, including the restrictions on the use of the real
property described in the legal description attached hereto as Exhibit “A”, are of no force and
effect as of the date of this Final Judgment.
2. Count II. McCann Holdings, Ltd., whose address is 5589 Marquesas Circle,
Suite 201, Sarasota, Florida 34233, shall recover from VOTT-A, LLC, VOTT-B, LLC, VOTT-
C, LLC and VOTT-D, LLC, whose address is 7978 Cooper Creek Boulevard, #100, University
Park, Florida 34201, jointly and severally, the sum of $150,000.00 that shall bear interest at the
rate of 4.75% a year, for which let execution issue.
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
Filed 06/03/2015 11:01 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL° Page 1 of |
3, Counts II, VII, VIII and IX. Judgment is entered in favor of the Defendants,
SDC Communities, Inc., VOTT-A, VOTT-B, VOTT-C, VOTT-D, Henry Rodriguez, and
Randall Benderson on all remaining counts. As to these remaining counts, Defendants shall go
hence without day.
4. The Court retains jurisdiction to award costs of this action and to determine the
entitlement to and amount of attorneys’ fees.
DONE and ORDERED this | | day of May, 2015.
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail this ‘7 day of May 2015 to:
Steven L. Brannock, Esq.
Brannock & Humphries
100 South Ashley Drive, Ste. 1130
Tampa, FL 33602
Steven J. Chase, Esq.
Shumaker Loop & Kendrick LLP
240 S. Pineapple Avenue, LOth floor
Sarasota, FL 34236 |
Morgan R. Bentley, Esq.
Bentley & Bruning PA
783 S. Orange Avenue, Ste. 220
Sarasota, FL 34236
Edward Vogler, 11, Esq.
Vogler Ashton PLLC
241! A Manatee Avenue West
Bradenton, FL 34205
Steve D. Hutton, Esq.
Przemyslaw L. Dominko, Esq.
Steven D. Hutton PL
240 South Pineapple Avenue, Ste. 801
Sarasota, FL 34236
https://secure.sarasotaclerk.com/View/DocketImage/43302539 5/18/2015
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL -Stuart C. Markman, Esq.
Kristin A. Norse, Esq.
Kynes Markman & Felman PA
P.O. Box 3396
Tampa, FL 33601-3396
Hala Sandridge, Esq.
Buchanan Ingersoll & Rooney PC
P.O. Box .1438
Tampa, FL 33601 ~/ .
BY: sh.
Judicial Assistant
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLEXHIBIT “A”
Legal Description
That part of Section 7 lying Westerly of State Road 93 (1-75) and lying Easterly of State Road 681
(State Road 45 Connector) in Township 38 South, Range 19 East; LESS AND EXCEPT THOSE
LANDS DESCRIBED IN THE FOLLOWING INSTRUMENT:
Order of Taking entered July 30, 1991 in the circuit Court of Florida in and for the County of Sarasota.
in action styled State of Florida, Department of Transportation v. Golden Eagle Service Corporation, et
al., and recorded August 1, 1991 In Official Records Book 2317 at Page 2933, Public Records of
Sarasota County, Florida,
AND
That part of Section 13, Township 38 South, Range 18 East, lying Easterly of State Road 681 (State
Road 45 Gonnector).
That part of Section 17, Township 38 South, Range 19 East, lying Westerly of State Road 93
(I-75).
AND
That part of Section 18 lying Westerly of State‘Road“93 (1-75)-and lying Easterly of State Road-681
(State Road 45. Connector) in Township 38 south, Range? 9 East.
LESS AND EXCEPT
That property : released by ‘Partial Release of. Mortgage recorded in:Instrument No. 2008036096, Public
Records: of Sarasota: ‘County, Florida ‘being ‘the same parcel.conveyed to the State.of.Florida
Department:of Transportation as contained:in that certain Warranty Deed recorded March 17, 2008 in
Instrument No. 2008036097, Public Records-of Sarasota-County, Florida.
LESS AND EXCEPT
That ‘property: released by: Partial Release of Mortgage recorded in ‘Instrument No. 2009142100, Public
Records of Sarasota: County, Florida, as; corrected: ‘by Corrective Partial Release of Mortgage recorded
in Instrument #2011006885, Public:Records-of Sarasota County, Florida.
Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL
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Filing # 28017806 E-Filed 06/03/2015 10:23:19 AM : RECORDED IN OFFICIAL RECORDS INSTRUMENT # 2015062374 4 PG(S) §/21/2015 10:46 AM KAREN E. RUSHING CLERK OF THE CIRCUIT COURT IN THE CIRCUIT COURT OF THE TWELFTH JURRHARGERE BUNTY. FLORIDA IN AND FOR SARASOTA COUN Fy Ff lLQR IDAs Racal MAJOR TRIAL DIVISION Receipt # 1863578 _ MeCANN HOLDINGS, LTD., Plaintiff, Vv. Case No. 2011CA003897NC : SDC COMMUNITIES, INC., | VOTT-A, LLC, VOTT-B, LLC, VOTT-C, LLC, VOTT-D, LLC, HENRY RODRIGUEZ, and RANDALL BENDERSON, Defendants. / FINAL JUDGMENT (CORRECTED) Pursuant to the Verdict rendered in this action and this Court’s Order on Defendants’ — Post-Trial Motions, IT IS ADJODGED THAT: I. Count I. The Joint Cooperation Agreement dated June 23, 2010 and recorded in the Official Records of Sarasota County, Florida, Instrument # 2010077555, is declared null and void and all restrictions contained therein, including the restrictions on the use of the real property described in the legal description attached hereto as Exhibit “A”, are of no force and effect as of the date of this Final Judgment. 2. Count II. McCann Holdings, Ltd., whose address is 5589 Marquesas Circle, Suite 201, Sarasota, Florida 34233, shall recover from VOTT-A, LLC, VOTT-B, LLC, VOTT- C, LLC and VOTT-D, LLC, whose address is 7978 Cooper Creek Boulevard, #100, University Park, Florida 34201, jointly and severally, the sum of $150,000.00 that shall bear interest at the rate of 4.75% a year, for which let execution issue. Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL Filed 06/03/2015 11:01 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL° Page 1 of | 3, Counts II, VII, VIII and IX. Judgment is entered in favor of the Defendants, SDC Communities, Inc., VOTT-A, VOTT-B, VOTT-C, VOTT-D, Henry Rodriguez, and Randall Benderson on all remaining counts. As to these remaining counts, Defendants shall go hence without day. 4. The Court retains jurisdiction to award costs of this action and to determine the entitlement to and amount of attorneys’ fees. DONE and ORDERED this | | day of May, 2015. Circuit Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail this ‘7 day of May 2015 to: Steven L. Brannock, Esq. Brannock & Humphries 100 South Ashley Drive, Ste. 1130 Tampa, FL 33602 Steven J. Chase, Esq. Shumaker Loop & Kendrick LLP 240 S. Pineapple Avenue, LOth floor Sarasota, FL 34236 | Morgan R. Bentley, Esq. Bentley & Bruning PA 783 S. Orange Avenue, Ste. 220 Sarasota, FL 34236 Edward Vogler, 11, Esq. Vogler Ashton PLLC 241! A Manatee Avenue West Bradenton, FL 34205 Steve D. Hutton, Esq. Przemyslaw L. Dominko, Esq. Steven D. Hutton PL 240 South Pineapple Avenue, Ste. 801 Sarasota, FL 34236 https://secure.sarasotaclerk.com/View/DocketImage/43302539 5/18/2015 Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL -Stuart C. Markman, Esq. Kristin A. Norse, Esq. Kynes Markman & Felman PA P.O. Box 3396 Tampa, FL 33601-3396 Hala Sandridge, Esq. Buchanan Ingersoll & Rooney PC P.O. Box .1438 Tampa, FL 33601 ~/ . BY: sh. Judicial Assistant Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FLEXHIBIT “A” Legal Description That part of Section 7 lying Westerly of State Road 93 (1-75) and lying Easterly of State Road 681 (State Road 45 Connector) in Township 38 South, Range 19 East; LESS AND EXCEPT THOSE LANDS DESCRIBED IN THE FOLLOWING INSTRUMENT: Order of Taking entered July 30, 1991 in the circuit Court of Florida in and for the County of Sarasota. in action styled State of Florida, Department of Transportation v. Golden Eagle Service Corporation, et al., and recorded August 1, 1991 In Official Records Book 2317 at Page 2933, Public Records of Sarasota County, Florida, AND That part of Section 13, Township 38 South, Range 18 East, lying Easterly of State Road 681 (State Road 45 Gonnector). That part of Section 17, Township 38 South, Range 19 East, lying Westerly of State Road 93 (I-75). AND That part of Section 18 lying Westerly of State‘Road“93 (1-75)-and lying Easterly of State Road-681 (State Road 45. Connector) in Township 38 south, Range? 9 East. LESS AND EXCEPT That property : released by ‘Partial Release of. Mortgage recorded in:Instrument No. 2008036096, Public Records: of Sarasota: ‘County, Florida ‘being ‘the same parcel.conveyed to the State.of.Florida Department:of Transportation as contained:in that certain Warranty Deed recorded March 17, 2008 in Instrument No. 2008036097, Public Records-of Sarasota-County, Florida. LESS AND EXCEPT That ‘property: released by: Partial Release of Mortgage recorded in ‘Instrument No. 2009142100, Public Records of Sarasota: County, Florida, as; corrected: ‘by Corrective Partial Release of Mortgage recorded in Instrument #2011006885, Public:Records-of Sarasota County, Florida. Filed 05/21/2015 10:06 AM - Karen E. Rushing, Clerk of the Circuit Court, Sarasota County, FL