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Last modified
12/12/2022 3:18:20 PM
Creation date
1/24/2020 3:53:37 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/14/2020
Control Number
2020-005
Agenda Item Number
8.D.
Entity Name
Bartosiewicz, Theodore
Subject
Agreement to Purchase and Sell Real Estate
Area
2601 51st Avenue
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />ASSIGNMENT OF LEASE AND RENT <br />THIS ASSIGNMENT OF LEASE AND RENT ("Assignment") is entered into as of the <br />day of January, 2020 by and between Theodore Bartosiewicz, 617 San Carlos Drive, Grand <br />Prairie. Texas, 75051-4104, ("Seller") and Indian River County, a political subdivision of the State <br />of Florida, 180127 1h Street, Vero Beach, FL 32960, (the "County"): <br />RECITALS <br />WHEREAS, on December 3, 2019, Seller and County entered into an Agreement to <br />Purchase and Sell Real Estate (the "Agreement") for the property located at 2601 51" Avenue, <br />Vero Beach, FL 32966 (the "Property") for future right-of-way for the expansion of 26th Street; <br />and <br />WHEREAS, Seller currently holds a residential lease on the Property for the following <br />Tenants: Nick and Ember Pappas; and <br />WHEREAS, it is the intent of the Seller and the County that the Tenants will continue to <br />lease the Property on the same terms as those set forth in their Lease Agreement (Lease), and said <br />Lease will expire on March 1, 2020 and the Lease will not be renewed or extended; and <br />WHEREAS, as part of the Agreement, the Seller will assign all of its right, title and interest <br />in the Lease to the County on the same terms as those set forth in the Lease. <br />NOW THEREFORE, in consideration of the mutual undertakings herein stated and other <br />good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the <br />parties agree, as follows: <br />1. Recitals. The above recitals are true and correct and are incorporated herein. <br />2. Effective Date. Commencing on January , 2020, upon closing of the Agreement, <br />Seller hereby assigns all of his right, title and interest in the Lease, including the right to <br />receipt of rents, to the County on the same terms as those set forth in the Lease. <br />3. Coordination and Cooperation for January Payment. At closing, the rent for January <br />2020 will be prorated so that Seller will retain rent up to and including the day of closing <br />and the County shall be entitled to the rent from the day after closing forward until the <br />termination of the Lease. Seller agrees to contact the County should Seller receive any rent <br />payments for February or any future month's rent from the Tenants. The Parties agree to <br />cooperate and execute any documents necessary to effectuate the terms of this Assignment. <br />4. Last Month's Rent and Security Deposit. Seller does not hold any last month's rent or <br />security deposit. <br />Notification of Assienment. The County shall send a copy of this Assignment to the <br />Tenants at the below address as contained in their Lease: <br />Page 1 of 3 <br />
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