Filing # 119510921 E-Filed 01/12/2021 05:34:05 PM
IN THE COUNTY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: _________________
DIVISION: _________________
GVI-IP Tampa Office Owner, LLC,
Plaintiff,
v.
Romark Laboratories, L.C.,
Defendant.
__________________________________________/
COMPLAINT FOR EVICTION AND DAMAGES
Plaintiff, GVI-IP Tampa Office Owner, LLC, (“Landlord” or “Plaintiff”) hereby sues
Romark Laboratories, L.C. (“Tenant” or “Defendant”), and states:
1. This is an action for eviction that seeks damages against Defendant to recover
unpaid rent under an Office Lease Agreement (“Lease”) and evict Tenant from non-residential
(commercial) real property.
PARTIES
2. Plaintiff, Landlord GVI-IP Tampa Office Owner, LLC, is a Delaware limited
liability company registered and doing business in Florida, and is the owner of certain real property
located at 3000 Bayport Drive, Suites 200 and 250, Tampa, Florida 33607 (the “Premises”).
3. Defendant, Tenant Romark Laboratories, L.C. is a Florida limited liability company
registered and doing business in Florida, and currently occupies the Premises.
Filing # 119510921 E-Filed 01/12/2021 05:34:05 PM
JURISDICTION AND VENUE
4. The damages in this case exceed $30,000.00, excluding interest, costs, and
attorneys’ fees. This Court has subject matter jurisdiction over the action pursuant to § 26.012,
Florida Statutes.
5. Defendant is subject to the personal jurisdiction of this Court pursuant to §
48.193(1)(a)(1), Florida Statutes, because Defendant “operat[ed], conduct[ed], engag[ed] in or
carr[ied] on a business or business venture in this state,” and § 48.193(1)(a)(7), Florida Statutes,
because Defendant “breach[ed] a contract in this state by failing to perform acts required by the
contract to be performed in this state.”
6. Venue is proper in Hillsborough County, Florida because (1) the property at issue
is located in Hillsborough County, and (2) the cause of action accrued in said county.
GENERAL ALLEGATIONS
7. Landlord’s predecessor-in-interest, Bayport Plaza Investors, LLC, leased the
Premises to Tenant pursuant to a Lease dated September 5, 2003, as amended by a First
Amendment to Lease Agreement dated August 26, 2013, a Second Amendment to Lease
Agreement dated October 31, 2014, and a Third Amendment to Lease Agreement dated January
31, 2015 (collectively the “Lease”). (A true and correct copy of the Lease is attached hereto as
Composite Exhibit A). Under the Lease, the Lease Term expires on August 31, 2024. Plaintiff,
GVI-IP Tampa Office Owner, LLC is the successor-in-interest to Bayport Plaza Investors, LLC.
8. Pursuant to the Lease, Tenant was obligated to pay monthly base Rent, as well as
Tenant’s share of taxes and operating expenses (collectively referred to as “Rent”).
9. Tenant has possession of the Premises under the Lease. However, Tenant has failed
to pay Rent due under the Lease.
10. Tenant breached the Lease by failing to timely pay Rent due under the Lease, and
is indebted to Landlord in the amount of $360,964.32 for past due Rent, interest, late fees, and tax.
11. On December 16, 2020, Landlord served Tenant with a Notice of Default pursuant
to § 83.20(2), Florida Statutes to pay the outstanding Rent or deliver possession of the Premises,
but Tenant refused to do either. (A true and correct copy of the Notice of Default is attached hereto
as Exhibit B).
12. Additionally, on December 16, 2020, Landlord also notified Tenant that, as a result
of Tenant’s default, it drew down the entirety of Tenant’s $100,000.00 letter of credit, and applied
such $100,000.00 against the outstanding amounts due from Tenant to Landlord under the Lease.
The amount of the current letter of credit is insufficient to cover Tenant’s delinquent Rent. After
applying the $100,000.00 letter of credit to Tenant’s outstanding Rent obligations, Tenant remains
indebted to Landlord in the total amount of $260,964.32.
13. Furthermore, Landlord notified Tenant that, pursuant to Section 7(b) of the Lease,
Tenant must deliver to Landlord within five (5) days of the Notice of Default a replacement letter
of credit in the amount of $100,000.00 and otherwise comply with the terms and provisions of
Section 7(b) of the Lease.
14. As of the date of filing this Complaint, Landlord has not received any payment
since the written Notice of Default was delivered to Tenant. Specifically, Tenant has refused to
pay Rent or deliver possession of the premises, and has failed to deliver to Landlord a replacement
letter of credit in the amount of $100,000.00 pursuant to Section 7(b) of the Lease.
15. Plaintiff has retained the law firm of Gunster, Yoakley & Stewart, P.A., and is
obligated to pay said firm reasonable legal fees to enforce its rights. Plaintiff is entitled to an award ACTIVE:12875543.1
of costs and reasonable attorneys’ fees pursuant to Sections 25(a)(5) and 27 of the Lease and §§
83. 231 and 83.251, Florida Statutes.
16. All conditions precedent to the bringing of this action have occurred, have been
satisfied, or otherwise have been waived.
COUNT I – EVICTION (COMMERCIAL PROPERTY)
17. Plaintiff re-alleges and reasserts the allegations contained in Paragraphs 1 through
16 as if fully set forth herein.
18. This is an action to evict Defendant from non-residential (commercial) real property
in Hillsborough County, Florida pursuant to §§ 83.20 and 83.21, Florida Statutes.
19. Defendant is in possession of the Premises under the Lease.
20. Defendant has failed to pay Rent that remains past due under the Lease.
21. Plaintiff served Defendant with a Notice of Default on December 16, 2020 to pay
Rent or deliver possession of the Premises, but Defendant has refused to do either. See Ex. B.
22. Plaintiff has not received any payment since the Notice was delivered to Defendant.
WHEREFORE, Plaintiff GVI-IP Tampa Office Owner, LLC demands judgment against
Defendant, Romark Laboratories, L.C. for possession of the Premises located at 3000 Bayport
Drive, Suites 200 and 250, Tampa, Florida 33607, all reasonable attorneys’ fees and costs incurred
by Plaintiff in this action, and such other further relief as this Court deems just and proper.
COUNT II – BREACH OF LEASE
23. Plaintiff re-alleges and reasserts the allegations contained in Paragraphs 1 through
16 as if fully set forth herein.
24. This is an action against Defendant, Romark Laboratories, L.C. for breach of Lease
and damages that exceeds $30,000.00, exclusive of attorneys’ fees, interest, and costs.
25. A valid and enforceable Lease existed for good and valuable consideration between
Plaintiff, as Landlord, and Defendant Tenant obligating Tenant to pay Rent and other charges to
Plaintiff.
26. Defendant breached the Lease by failing to make the required monthly Rent
payments under the Lease, and by failing to deliver to Landlord a replacement letter of credit in
the amount of $100,000.00 pursuant to Section 7(b) of the Lease.
27. As a direct and proximate result of Tenant’s breach of Lease, Landlord incurred
damages in the amount of $360,964.32 for past due Rent, interest, late fees, and tax. After applying
Tenant’s $100,000.00 letter of credit to Tenant’s delinquent Rent obligations pursuant to the Lease,
as set forth in detail above, Landlord remains damaged in the amount of $260,964.32 for past due
Rent, interest, late fees, and tax.
28. Moreover, the Lease contains an acceleration clause, whereby Landlord may
accelerate Rent upon Tenant’s default. See Ex. A, Lease, at Section 25(a). In total, including past
due Rent, accelerated Rent, operating expenses, taxes, interest, and late fees, Tenant is indebted to
Landlord in the amount of $3,555,662.48.
WHEREFORE, Plaintiff, GVI-IP Tampa Office Owner, LLC demands judgment against
Defendant, Romark Laboratories, L.C. for damages together with interest, costs, and attorneys’
fees, and for such other further relief as the Court deems just and proper.
Dated this 12th day of January, 2021. ACTIVE:12875543.1
Respectfully submitted,
GUNSTER, YOAKLEY & STEWART, P.A.
Attorneys for Plaintiff
Las Olas Centre, Suite 1400
450 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
Telephone: (954) 462-2000
Fax: 954-523-1722
By: /s/ Lauren A. Shumate
Lauren A. Shumate, Esq.
Florida Bar No.: 1002832
Primary: lshumate@gunster.com
Secondary: NAllen-Mondesir@gunster.com
Secondary: eservice@gunster.com
Nicholas A. Dyal
Florida Bar No. 84137
Primary: ndyal@gunster.com
Secondary: eservice@gunster.com
IN THE COUNTY COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CASE NO.: _________________
DIVISION: _________________
GVI-IP Tampa Office Owner, LLC,
Plaintiff,
v.
Romark Laboratories, L.C.,
Defendant.
__________________________________________/
COMPLAINT FOR EVICTION AND DAMAGES
Plaintiff, GVI-IP Tampa Office Owner, LLC, (“Landlord” or “Plaintiff”) hereby sues
Romark Laboratories, L.C. (“Tenant” or “Defendant”), and states:
1. This is an action for eviction that seeks damages against Defendant to recover
unpaid rent under an Office Lease Agreement (“Lease”) and evict Tenant from non-residential
(commercial) real property.
PARTIES
2. Plaintiff, Landlord GVI-IP Tampa Office Owner, LLC, is a Delaware limited
liability company registered and doing business in Florida, and is the owner of certain real property
located at 3000 Bayport Drive, Suites 200 and 250, Tampa, Florida 33607 (the “Premises”).
3. Defendant, Tenant Romark Laboratories, L.C. is a Florida limited liability company
registered and doing business in Florida, and currently occupies the Premises.
Filing # 119510921 E-Filed 01/12/2021 05:34:05 PM
JURISDICTION AND VENUE
4. The damages in this case exceed $30,000.00, excluding interest, costs, and
attorneys’ fees. This Court has subject matter jurisdiction over the action pursuant to § 26.012,
Florida Statutes.
5. Defendant is subject to the personal jurisdiction of this Court pursuant to §
48.193(1)(a)(1), Florida Statutes, because Defendant “operat[ed], conduct[ed], engag[ed] in or
carr[ied] on a business or business venture in this state,” and § 48.193(1)(a)(7), Florida Statutes,
because Defendant “breach[ed] a contract in this state by failing to perform acts required by the
contract to be performed in this state.”
6. Venue is proper in Hillsborough County, Florida because (1) the property at issue
is located in Hillsborough County, and (2) the cause of action accrued in said county.
GENERAL ALLEGATIONS
7. Landlord’s predecessor-in-interest, Bayport Plaza Investors, LLC, leased the
Premises to Tenant pursuant to a Lease dated September 5, 2003, as amended by a First
Amendment to Lease Agreement dated August 26, 2013, a Second Amendment to Lease
Agreement dated October 31, 2014, and a Third Amendment to Lease Agreement dated January
31, 2015 (collectively the “Lease”). (A true and correct copy of the Lease is attached hereto as
Composite Exhibit A). Under the Lease, the Lease Term expires on August 31, 2024. Plaintiff,
GVI-IP Tampa Office Owner, LLC is the successor-in-interest to Bayport Plaza Investors, LLC.
8. Pursuant to the Lease, Tenant was obligated to pay monthly base Rent, as well as
Tenant’s share of taxes and operating expenses (collectively referred to as “Rent”).
9. Tenant has possession of the Premises under the Lease. However, Tenant has failed
to pay Rent due under the Lease.
10. Tenant breached the Lease by failing to timely pay Rent due under the Lease, and
is indebted to Landlord in the amount of $360,964.32 for past due Rent, interest, late fees, and tax.
11. On December 16, 2020, Landlord served Tenant with a Notice of Default pursuant
to § 83.20(2), Florida Statutes to pay the outstanding Rent or deliver possession of the Premises,
but Tenant refused to do either. (A true and correct copy of the Notice of Default is attached hereto
as Exhibit B).
12. Additionally, on December 16, 2020, Landlord also notified Tenant that, as a result
of Tenant’s default, it drew down the entirety of Tenant’s $100,000.00 letter of credit, and applied
such $100,000.00 against the outstanding amounts due from Tenant to Landlord under the Lease.
The amount of the current letter of credit is insufficient to cover Tenant’s delinquent Rent. After
applying the $100,000.00 letter of credit to Tenant’s outstanding Rent obligations, Tenant remains
indebted to Landlord in the total amount of $260,964.32.
13. Furthermore, Landlord notified Tenant that, pursuant to Section 7(b) of the Lease,
Tenant must deliver to Landlord within five (5) days of the Notice of Default a replacement letter
of credit in the amount of $100,000.00 and otherwise comply with the terms and provisions of
Section 7(b) of the Lease.
14. As of the date of filing this Complaint, Landlord has not received any payment
since the written Notice of Default was delivered to Tenant. Specifically, Tenant has refused to
pay Rent or deliver possession of the premises, and has failed to deliver to Landlord a replacement
letter of credit in the amount of $100,000.00 pursuant to Section 7(b) of the Lease.
15. Plaintiff has retained the law firm of Gunster, Yoakley & Stewart, P.A., and is
obligated to pay said firm reasonable legal fees to enforce its rights. Plaintiff is entitled to an award ACTIVE:12875543.1
of costs and reasonable attorneys’ fees pursuant to Sections 25(a)(5) and 27 of the Lease and §§
83. 231 and 83.251, Florida Statutes.
16. All conditions precedent to the bringing of this action have occurred, have been
satisfied, or otherwise have been waived.
COUNT I – EVICTION (COMMERCIAL PROPERTY)
17. Plaintiff re-alleges and reasserts the allegations contained in Paragraphs 1 through
16 as if fully set forth herein.
18. This is an action to evict Defendant from non-residential (commercial) real property
in Hillsborough County, Florida pursuant to §§ 83.20 and 83.21, Florida Statutes.
19. Defendant is in possession of the Premises under the Lease.
20. Defendant has failed to pay Rent that remains past due under the Lease.
21. Plaintiff served Defendant with a Notice of Default on December 16, 2020 to pay
Rent or deliver possession of the Premises, but Defendant has refused to do either. See Ex. B.
22. Plaintiff has not received any payment since the Notice was delivered to Defendant.
WHEREFORE, Plaintiff GVI-IP Tampa Office Owner, LLC demands judgment against
Defendant, Romark Laboratories, L.C. for possession of the Premises located at 3000 Bayport
Drive, Suites 200 and 250, Tampa, Florida 33607, all reasonable attorneys’ fees and costs incurred
by Plaintiff in this action, and such other further relief as this Court deems just and proper.
COUNT II – BREACH OF LEASE
23. Plaintiff re-alleges and reasserts the allegations contained in Paragraphs 1 through
16 as if fully set forth herein.
24. This is an action against Defendant, Romark Laboratories, L.C. for breach of Lease
and damages that exceeds $30,000.00, exclusive of attorneys’ fees, interest, and costs.
25. A valid and enforceable Lease existed for good and valuable consideration between
Plaintiff, as Landlord, and Defendant Tenant obligating Tenant to pay Rent and other charges to
Plaintiff.
26. Defendant breached the Lease by failing to make the required monthly Rent
payments under the Lease, and by failing to deliver to Landlord a replacement letter of credit in
the amount of $100,000.00 pursuant to Section 7(b) of the Lease.
27. As a direct and proximate result of Tenant’s breach of Lease, Landlord incurred
damages in the amount of $360,964.32 for past due Rent, interest, late fees, and tax. After applying
Tenant’s $100,000.00 letter of credit to Tenant’s delinquent Rent obligations pursuant to the Lease,
as set forth in detail above, Landlord remains damaged in the amount of $260,964.32 for past due
Rent, interest, late fees, and tax.
28. Moreover, the Lease contains an acceleration clause, whereby Landlord may
accelerate Rent upon Tenant’s default. See Ex. A, Lease, at Section 25(a). In total, including past
due Rent, accelerated Rent, operating expenses, taxes, interest, and late fees, Tenant is indebted to
Landlord in the amount of $3,555,662.48.
WHEREFORE, Plaintiff, GVI-IP Tampa Office Owner, LLC demands judgment against
Defendant, Romark Laboratories, L.C. for damages together with interest, costs, and attorneys’
fees, and for such other further relief as the Court deems just and proper.
Dated this 12th day of January, 2021. ACTIVE:12875543.1
Respectfully submitted,
GUNSTER, YOAKLEY & STEWART, P.A.
Attorneys for Plaintiff
Las Olas Centre, Suite 1400
450 East Las Olas Boulevard
Fort Lauderdale, Florida 33301
Telephone: (954) 462-2000
Fax: 954-523-1722
By: /s/ Lauren A. Shumate
Lauren A. Shumate, Esq.
Florida Bar No.: 1002832
Primary: lshumate@gunster.com
Secondary: NAllen-Mondesir@gunster.com
Secondary: eservice@gunster.com
Nicholas A. Dyal
Florida Bar No. 84137
Primary: ndyal@gunster.com
Secondary: eservice@gunster.com