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Filing # 133782995 E-Filed 08/31/2021 03:43:51 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
MYP EXECUTIVE, LLC,
4500 N State Rd 7 STE 100
Fort Lauderdale FL 33319
Plaintiff. Case No.:
VS.
Division:
CAPITAL HEALTH ADVISORS INC,
and MARIO CALLEJAS, Individually,
Defendant.
I
COMPLAINT
Plaintiff, MYP EXECUTIVE, LLC, sues the Defendant, CAPITAL HEALTH ADVISORS
INC, and MARIO CALLEJAS, and for its Complaint states as follows:
INTRODUCTION
1. This is an action to recover damages resulting from the Defendant, CAPITAL HEALTH
ADVISORS INC, and MARIO CALLEJAS's breach of agreement and individual personal
guarantee respectively.
JURISDICTION AND VENUE
2. This Court has jurisdiction over this dispute as this complaint seeks damages in excess
of thirty thousand dollars ($30,000.00), exclusive ofinterest, costs, and attorney's fees.
3. Plaintiff, MYP EXECUTIVE,LLC, has a
principal place of business and is duly licensed
to conduct business in the State of Florida.
4. Venue is proper in Broward County, as the Defendant, CAPITAL HEALTH ADVISORS
INC's principal place ofbusiness is in Broward County, Florida.
5. The Defendant, MARIO CALLEJAS, is a resident of Broward County, Florida.
COUNT I -
BREACH OF AGREEMENT
6. This is an action for damages that exceed $30,000.00, exclusive of interest, court costs
and attorney's fees.
7. Plaintiff, MYP EXECUTIVE, LLC, and Defendant, CAPITAL HEALTH ADVISORS
INC, entered into an Agreement, a copy being attached hereto and made a part hereof.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 03:43:48 PM.****
8. Plaintiff performed all conditions required by the Agreement.
9. The Defendant CAPITAL HEALTH ADVISORS INC, is in default of the Agreement by
failing to make payment and Plaintiffis entitled,pursuant to the terms ofthe Agreement, to the sum
of $64,632.54, by virtue of default, together with interest thereon.
10. Plaintiffis obligatedto pay its attorneys a fee for their services, and pursuant to the terms
of the Agreement, Defendant CAPITAL HEALTH ADVISORS INC, agreed to pay attorney's fees
in the event of default.
WHEREFORE, Plaintiffdemands judgment against the Defendant CAPITAL HEALTH
ADVISORS INC, in the sum of $64,632.54, together with interest, court costs and attorney's fees.
COUNT II -
UNJUST ENRICHMENT
11. This is an action for damages that exceed $30,000.00, exclusive of interest and court
costs.
12. Plaintiffhas conferred a benefit on the Defendant CAPITAL HEALTH ADVISORS
INC, and they have knowledge thereof.
13. DefendantCAPITALHEALTH ADVISORS INC, voluntarily accepted and retainedthe
benefit conferred.
14. The circumstances are such that it would be inequitable for the Defendant CAPITAL
HEALTH ADVISORS INC, to retain the benefit without paying the value thereofto the Plaintiff in
the sum of $64,632.54.
15. DefendantCAPITALHEALTH ADVISORS INC, would be unjustly enrichedifallowed
to retain the benefit without paying the value thereof.
WHEREFORE, Plaintiff demands judgment against the Defendant CAPITAL HEALTH
ADVISORS INC, in the sum of $64,632.54, together with interest and court costs.
COUNT III -
GUARANTEE
16. This is an action for damages that exceed $30,000.00,exclusive of interest, court costs,
and attorney's fees.
17. The Corporation, CAPITAL HEALTH ADVISORS INC, owes the
18. The Defendant, MARIO CALLEJAS, entered into an agreement with Plaintiff whereby
the Defendant guaranteed the debt to the Plaintiff, copy attached.
19. The Defendants breached the agreement by failing to pay the sum due to the Plaintiff.
20. The Plaintiffperformed all conditions required by the agreement.
21. The Defendant MARIO CALLEJAS owes the Plaintiff $64,632.54 in accordance with
the Personal Guarantee.
WHEREFORE, Plaintiffdemandsjudgment against the Defendant MARIO CALLEJAS
in the sum of $64,632.54, together with interest, court costs and attorney's fees, and for such other
relief as the Court deems just and proper.
Respectfully submitted,
MARCADIS WNGER/k,
By: IL/
( )Ralph S. Marc(is, Esquire, FL Bar #351458
( )Gilbert M. Siner, Esquire, FL Bar #282987
( )Amy J. Wina+y, Esquire, FL Bar #900140
( )Jonathan P. Hhpfling, Esquire, FL Bar #89067
( )Robert J. Line-tman, Esquire, FL Bar #112608
( )Stuart H. Marfadis, Esquire, FL Bar #121587
5104 South Westshore Blvd., Tampa, FL 33611
813/288-1881, toll free 888/547-1881
Fax: 813/288-9678
E-service:
ATTORNEY FOR PLAINTIFF
210524/?06742tsMA
This is a communication from a debt collector. We are attemptingto collect a debt. Any informationyou provide may be used for that purpose.
EXECUTIVE UNIVERSITY COURTS
Lauderhill, Florida
OFFICE LEASE AGREEMENT
BETWEEN
IVIYP EXECUTIVE, LLC,
a Florida limited liability company
("LANDLORD")
AND
CAPITAL HEALTH ADVISORS INC.,
a Florida corporation
("TENANT")
OFFICE LEASE AGREEIVIENT
T-H-IS
UTOBEX /- .2078 Me"Effective Date"/.by and between MYP EXECUTIVE,LLC a
to.
as- 0-f
Florida limited liability company ("Landlord"), and CAPITAL HEALTH ADVISORS INC., a
Florida corporation ("Tenant'). The following exhibits and attachments are incorporated into and
made a part of this Leaser Exhibit A-1 (Outline and Location of Premises), Exhibit B
(Expenses and Taxes), Exhibit C (Work Letter), Exhibit D (Commencement Letter), Exhibit E
(Building Rules and Regulations), Exhibit F (Additional Provisions), Exhibit G (Schematic
Drawing) and Exhibit H (Guaranty).
1. Basic Lease Information.
1.01 "Building" shall mean the building located at 4300 N University Drive, Lauderhill, I
Florida 33351, and commonly known as Executive University Courts. "Rentable
Square Footage of the Building" is deemed to be 97,800 square feet,
1.02 "Premises" shall mean the area shown on Exhibit A to this Lease. The
nd
Premises is located on the 2n floor and known as Suites B-204-205. If the
Premises include one or more floors in their entirety, all corridors and restroom
facilities located on such full floor(s) shall be considered part of the Premises,
The "Rentable Square Footage of the Premises" is deemed to be 2,193 square
feet. Landlord and Tenant stipulate and agree that the Rentable Square Footage
of the Building and the Rentable Square Footage of the Premises are correct.
1.03 "Base Rent":
Months of Term Annual Rate Annual Base Monthly
Per Square Rent Base Rent
Foot
1-12 $20.00 $43,860.00 $3,655.00
13-24 $20.60 $45,175.80 $3,764.65
25-36 $21.22 $46,535.46 $3,877.96
37-38 $21.85 $47,917.05* $3,993.09
*
annualized
Notwithstandinganything in this Section of the Lease to the contrary, so long as
Tenant is not in Default (as defined in Section 18) under this Lease, Tenant shall
be entitled to an abatement of Base Rent in the amount of $3,655.00 per month
for two (2) full calendar months of the Term (as defined in Section 1.06),
sl
beginning with the 1 full calendar month of the Term (the "Base Rent
Abatement Period"). The total amount of Base Rent abated during the Base
Rent Abatement Period shall equal $7,310.00 (the "Abated Base Renf'). In the
event Tenant is in Default at any time during the Term and fails to cure such
Default within any applicable cure period under the Lease, all Abated Base Rent
shall immediately become due and payable, The payment by Tenant of the
Abated Base Rent jn the event of a Default shall not limit or affect any of
Landlord's other rights, pursuant to this Lease or at law or in equity, During the
Base Rent Abatement Period, only Base Rent shall be abated, and all Additional
Rent and other costs and charges specified in this Lease shall remain as due
and payable pursuant to the provisions of this Lease.
1.04 "Tenant's Pro Rata Share": 2.24%.
1.05 "Base Year": calendar year 2018.
1.06 "Term": The period commencing on the Commencement Date (defined below)
and, unless terminated earlier in accordance with this Lease, ending on the last
day of the 38'h full calendar month following the Commencement Date (the
"Expiration Date"), The "Commencement Date" shall mean the date on which
Landlord Work (defined in Section 1.14) is Substantially Complete (defined in
Section 3). The parties anticipate that Landlord Work will be Substantially
Complete on or about Ocotober 1,2018 (the"Target Commencement Date").
1.07 Intentionally Omitted.
1,08 'Security Deposit": $3,655.00, as more fully described in Section 6.
1.09 "Guarantor": Mario Callejas ("Guarantor"). Concurrent with Tenant's execution
and delivery of this Lease, Tenant shall cause Guarantor to execute and deliver a
guaranty in favor of Landlord on a form reasonably approved by Landlord.
1,10 Intentionally Omitted.
1.11 "Permitted Use": General office use.
1.12 "Notice Addresses';:
Landlord: Tenant:
MYP Executive, LLC Capital Health Advisors Inc.
c/o YMP Real Estate Management, LLC 4300 N University Drive
4500 N State Road 7; Suite 100 Suites 204-205
Lauderdale Lakes, FL 33319 Lauderhill, Florida 33351
1.13 "Business Day(s)" are Monday through Friday of each week, exclusive of New
Year's Day, Presidents Day? Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day ('Holidays"), Landlord may designate
additional Holidays that are commonly recognized by other office buildings in the
area where the Building is located. "Building Service Hours" are 8:00 AM. to
6:00 P.M. on Business Days and 8:00 A.M. to 1:00 P.M. on Saturdays.
1.14 "Landlord Work" means the work, if any, that Landlord is obligated to perform in
the Premises pursuant to a separate agreement (the "Work Letter") attached to
this Lease as Exhibit C.
1.15 "Property" means theBuilding and the parcel(s) of land on which it is located
and, at Landlord's discretion, the parking facilities and other improvements, if
any, serving the Building and the parcel(s) of land on which they are located.
2
1.16 "Prepaid Rent": Prepaid Rent shall be due upon the execution of this Lease by
Tenant and shall be applied to the first month in which Base Rent is due from
Tenant.
1.17 Tenant shall not record this Lease or any memorandum or notice without
Landlord's prior written consent.
2. Lease Grant.
2.01 Landlord hereby leases the Premises to Tenant and Tenant hereby leases the
Premises from Landlord, Tenant has the non-exclusive right to use any portions of the Property
that are designated by Landlord for the common use of tenants and others (the "Common
Areas").
2.02 For so long as this Lease is in full force and effect and Tenant is not in default
hereunder, Landlord shall make available to Tenant its pro-ata share of Common Area parking
spaces on an unassigned, nonexclusive basis. Such prorata share for each re]table square foot
of Building space shall be determined by dividing the total number of available Common Area
parking spaces by the total rentable square feet in the Building, As of the Effective Date, 1
Common Area parking spaces per 250 rentable square feet in the Premises shall be available to
Tenant free of charge for the Term of this Lease. Tenant may not use additional parking spaces
without the prior written consent of Landlord. Tenant shall not interfere, nor permit its agents,
employees, contractors, invitees or licensees to interfere with the rights of Landlord and others
'entitled to use the parl
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Filing # 133782995 E-Filed 08/31/2021 03:43:51 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MYP EXECUTIVE, LLC, 4500 N State Rd 7 STE 100 Fort Lauderdale FL 33319 Plaintiff. Case No.: VS. Division: CAPITAL HEALTH ADVISORS INC, and MARIO CALLEJAS, Individually, Defendant. I COMPLAINT Plaintiff, MYP EXECUTIVE, LLC, sues the Defendant, CAPITAL HEALTH ADVISORS INC, and MARIO CALLEJAS, and for its Complaint states as follows: INTRODUCTION 1. This is an action to recover damages resulting from the Defendant, CAPITAL HEALTH ADVISORS INC, and MARIO CALLEJAS's breach of agreement and individual personal guarantee respectively. JURISDICTION AND VENUE 2. This Court has jurisdiction over this dispute as this complaint seeks damages in excess of thirty thousand dollars ($30,000.00), exclusive ofinterest, costs, and attorney's fees. 3. Plaintiff, MYP EXECUTIVE,LLC, has a principal place of business and is duly licensed to conduct business in the State of Florida. 4. Venue is proper in Broward County, as the Defendant, CAPITAL HEALTH ADVISORS INC's principal place ofbusiness is in Broward County, Florida. 5. The Defendant, MARIO CALLEJAS, is a resident of Broward County, Florida. COUNT I - BREACH OF AGREEMENT 6. This is an action for damages that exceed $30,000.00, exclusive of interest, court costs and attorney's fees. 7. Plaintiff, MYP EXECUTIVE, LLC, and Defendant, CAPITAL HEALTH ADVISORS INC, entered into an Agreement, a copy being attached hereto and made a part hereof. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 03:43:48 PM.**** 8. Plaintiff performed all conditions required by the Agreement. 9. The Defendant CAPITAL HEALTH ADVISORS INC, is in default of the Agreement by failing to make payment and Plaintiffis entitled,pursuant to the terms ofthe Agreement, to the sum of $64,632.54, by virtue of default, together with interest thereon. 10. Plaintiffis obligatedto pay its attorneys a fee for their services, and pursuant to the terms of the Agreement, Defendant CAPITAL HEALTH ADVISORS INC, agreed to pay attorney's fees in the event of default. WHEREFORE, Plaintiffdemands judgment against the Defendant CAPITAL HEALTH ADVISORS INC, in the sum of $64,632.54, together with interest, court costs and attorney's fees. COUNT II - UNJUST ENRICHMENT 11. This is an action for damages that exceed $30,000.00, exclusive of interest and court costs. 12. Plaintiffhas conferred a benefit on the Defendant CAPITAL HEALTH ADVISORS INC, and they have knowledge thereof. 13. DefendantCAPITALHEALTH ADVISORS INC, voluntarily accepted and retainedthe benefit conferred. 14. The circumstances are such that it would be inequitable for the Defendant CAPITAL HEALTH ADVISORS INC, to retain the benefit without paying the value thereofto the Plaintiff in the sum of $64,632.54. 15. DefendantCAPITALHEALTH ADVISORS INC, would be unjustly enrichedifallowed to retain the benefit without paying the value thereof. WHEREFORE, Plaintiff demands judgment against the Defendant CAPITAL HEALTH ADVISORS INC, in the sum of $64,632.54, together with interest and court costs. COUNT III - GUARANTEE 16. This is an action for damages that exceed $30,000.00,exclusive of interest, court costs, and attorney's fees. 17. The Corporation, CAPITAL HEALTH ADVISORS INC, owes the 18. The Defendant, MARIO CALLEJAS, entered into an agreement with Plaintiff whereby the Defendant guaranteed the debt to the Plaintiff, copy attached. 19. The Defendants breached the agreement by failing to pay the sum due to the Plaintiff. 20. The Plaintiffperformed all conditions required by the agreement. 21. The Defendant MARIO CALLEJAS owes the Plaintiff $64,632.54 in accordance with the Personal Guarantee. WHEREFORE, Plaintiffdemandsjudgment against the Defendant MARIO CALLEJAS in the sum of $64,632.54, together with interest, court costs and attorney's fees, and for such other relief as the Court deems just and proper. Respectfully submitted, MARCADIS WNGER/k, By: IL/ ( )Ralph S. Marc(is, Esquire, FL Bar #351458 ( )Gilbert M. Siner, Esquire, FL Bar #282987 ( )Amy J. Wina+y, Esquire, FL Bar #900140 ( )Jonathan P. Hhpfling, Esquire, FL Bar #89067 ( )Robert J. Line-tman, Esquire, FL Bar #112608 ( )Stuart H. Marfadis, Esquire, FL Bar #121587 5104 South Westshore Blvd., Tampa, FL 33611 813/288-1881, toll free 888/547-1881 Fax: 813/288-9678 E-service: ATTORNEY FOR PLAINTIFF 210524/?06742tsMA This is a communication from a debt collector. We are attemptingto collect a debt. Any informationyou provide may be used for that purpose. EXECUTIVE UNIVERSITY COURTS Lauderhill, Florida OFFICE LEASE AGREEMENT BETWEEN IVIYP EXECUTIVE, LLC, a Florida limited liability company ("LANDLORD") AND CAPITAL HEALTH ADVISORS INC., a Florida corporation ("TENANT") OFFICE LEASE AGREEIVIENT T-H-IS UTOBEX /- .2078 Me"Effective Date"/.by and between MYP EXECUTIVE,LLC a to. as- 0-f Florida limited liability company ("Landlord"), and CAPITAL HEALTH ADVISORS INC., a Florida corporation ("Tenant'). The following exhibits and attachments are incorporated into and made a part of this Leaser Exhibit A-1 (Outline and Location of Premises), Exhibit B (Expenses and Taxes), Exhibit C (Work Letter), Exhibit D (Commencement Letter), Exhibit E (Building Rules and Regulations), Exhibit F (Additional Provisions), Exhibit G (Schematic Drawing) and Exhibit H (Guaranty). 1. Basic Lease Information. 1.01 "Building" shall mean the building located at 4300 N University Drive, Lauderhill, I Florida 33351, and commonly known as Executive University Courts. "Rentable Square Footage of the Building" is deemed to be 97,800 square feet, 1.02 "Premises" shall mean the area shown on Exhibit A to this Lease. The nd Premises is located on the 2n floor and known as Suites B-204-205. If the Premises include one or more floors in their entirety, all corridors and restroom facilities located on such full floor(s) shall be considered part of the Premises, The "Rentable Square Footage of the Premises" is deemed to be 2,193 square feet. Landlord and Tenant stipulate and agree that the Rentable Square Footage of the Building and the Rentable Square Footage of the Premises are correct. 1.03 "Base Rent": Months of Term Annual Rate Annual Base Monthly Per Square Rent Base Rent Foot 1-12 $20.00 $43,860.00 $3,655.00 13-24 $20.60 $45,175.80 $3,764.65 25-36 $21.22 $46,535.46 $3,877.96 37-38 $21.85 $47,917.05* $3,993.09 * annualized Notwithstandinganything in this Section of the Lease to the contrary, so long as Tenant is not in Default (as defined in Section 18) under this Lease, Tenant shall be entitled to an abatement of Base Rent in the amount of $3,655.00 per month for two (2) full calendar months of the Term (as defined in Section 1.06), sl beginning with the 1 full calendar month of the Term (the "Base Rent Abatement Period"). The total amount of Base Rent abated during the Base Rent Abatement Period shall equal $7,310.00 (the "Abated Base Renf'). In the event Tenant is in Default at any time during the Term and fails to cure such Default within any applicable cure period under the Lease, all Abated Base Rent shall immediately become due and payable, The payment by Tenant of the Abated Base Rent jn the event of a Default shall not limit or affect any of Landlord's other rights, pursuant to this Lease or at law or in equity, During the Base Rent Abatement Period, only Base Rent shall be abated, and all Additional Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease. 1.04 "Tenant's Pro Rata Share": 2.24%. 1.05 "Base Year": calendar year 2018. 1.06 "Term": The period commencing on the Commencement Date (defined below) and, unless terminated earlier in accordance with this Lease, ending on the last day of the 38'h full calendar month following the Commencement Date (the "Expiration Date"), The "Commencement Date" shall mean the date on which Landlord Work (defined in Section 1.14) is Substantially Complete (defined in Section 3). The parties anticipate that Landlord Work will be Substantially Complete on or about Ocotober 1,2018 (the"Target Commencement Date"). 1.07 Intentionally Omitted. 1,08 'Security Deposit": $3,655.00, as more fully described in Section 6. 1.09 "Guarantor": Mario Callejas ("Guarantor"). Concurrent with Tenant's execution and delivery of this Lease, Tenant shall cause Guarantor to execute and deliver a guaranty in favor of Landlord on a form reasonably approved by Landlord. 1,10 Intentionally Omitted. 1.11 "Permitted Use": General office use. 1.12 "Notice Addresses';: Landlord: Tenant: MYP Executive, LLC Capital Health Advisors Inc. c/o YMP Real Estate Management, LLC 4300 N University Drive 4500 N State Road 7; Suite 100 Suites 204-205 Lauderdale Lakes, FL 33319 Lauderhill, Florida 33351 1.13 "Business Day(s)" are Monday through Friday of each week, exclusive of New Year's Day, Presidents Day? Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day ('Holidays"), Landlord may designate additional Holidays that are commonly recognized by other office buildings in the area where the Building is located. "Building Service Hours" are 8:00 AM. to 6:00 P.M. on Business Days and 8:00 A.M. to 1:00 P.M. on Saturdays. 1.14 "Landlord Work" means the work, if any, that Landlord is obligated to perform in the Premises pursuant to a separate agreement (the "Work Letter") attached to this Lease as Exhibit C. 1.15 "Property" means theBuilding and the parcel(s) of land on which it is located and, at Landlord's discretion, the parking facilities and other improvements, if any, serving the Building and the parcel(s) of land on which they are located. 2 1.16 "Prepaid Rent": Prepaid Rent shall be due upon the execution of this Lease by Tenant and shall be applied to the first month in which Base Rent is due from Tenant. 1.17 Tenant shall not record this Lease or any memorandum or notice without Landlord's prior written consent. 2. Lease Grant. 2.01 Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, Tenant has the non-exclusive right to use any portions of the Property that are designated by Landlord for the common use of tenants and others (the "Common Areas"). 2.02 For so long as this Lease is in full force and effect and Tenant is not in default hereunder, Landlord shall make available to Tenant its pro-ata share of Common Area parking spaces on an unassigned, nonexclusive basis. Such prorata share for each re]table square foot of Building space shall be determined by dividing the total number of available Common Area parking spaces by the total rentable square feet in the Building, As of the Effective Date, 1 Common Area parking spaces per 250 rentable square feet in the Premises shall be available to Tenant free of charge for the Term of this Lease. Tenant may not use additional parking spaces without the prior written consent of Landlord. Tenant shall not interfere, nor permit its agents, employees, contractors, invitees or licensees to interfere with the rights of Landlord and others 'entitled to use the parl