HomeMy WebLinkAbout2020-005A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
ASSIGNMENT OF LEASE AND RENT
THIS ASSIGNMENT OF LEASE AND RENT ("Assignment") is entered into as of the
day of January, 2020 by and between Theodore Bartosiewicz, 617 San Carlos Drive, Grand
Prairie. Texas, 75051-4104, ("Seller") and Indian River County, a political subdivision of the State
of Florida, 180127 1h Street, Vero Beach, FL 32960, (the "County"):
RECITALS
WHEREAS, on December 3, 2019, Seller and County entered into an Agreement to
Purchase and Sell Real Estate (the "Agreement") for the property located at 2601 51" Avenue,
Vero Beach, FL 32966 (the "Property") for future right-of-way for the expansion of 26th Street;
and
WHEREAS, Seller currently holds a residential lease on the Property for the following
Tenants: Nick and Ember Pappas; and
WHEREAS, it is the intent of the Seller and the County that the Tenants will continue to
lease the Property on the same terms as those set forth in their Lease Agreement (Lease), and said
Lease will expire on March 1, 2020 and the Lease will not be renewed or extended; and
WHEREAS, as part of the Agreement, the Seller will assign all of its right, title and interest
in the Lease to the County on the same terms as those set forth in the Lease.
NOW THEREFORE, in consideration of the mutual undertakings herein stated and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Effective Date. Commencing on January , 2020, upon closing of the Agreement,
Seller hereby assigns all of his right, title and interest in the Lease, including the right to
receipt of rents, to the County on the same terms as those set forth in the Lease.
3. Coordination and Cooperation for January Payment. At closing, the rent for January
2020 will be prorated so that Seller will retain rent up to and including the day of closing
and the County shall be entitled to the rent from the day after closing forward until the
termination of the Lease. Seller agrees to contact the County should Seller receive any rent
payments for February or any future month's rent from the Tenants. The Parties agree to
cooperate and execute any documents necessary to effectuate the terms of this Assignment.
4. Last Month's Rent and Security Deposit. Seller does not hold any last month's rent or
security deposit.
Notification of Assienment. The County shall send a copy of this Assignment to the
Tenants at the below address as contained in their Lease:
Page 1 of 3
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Nick and Ember Pappas
2601 51" Avenue
Vero Beach, FL 32966
772-501-3924
pappasel@mail.irsc.edu
6. Future Rent Payments. All future rent payments shall be remitted to:
Indian River County
Attn. Finance Department
1801 27th Street
Vero Beach, FL 32960
If Tenants wish to make payment via electronic methods Tenants are encouraged to contact
the Finance Department at 772-226-1570.
7. Notices Concerning the Lease. All notices concerning the Lease and the Property should
be directed to :
Indian River County
Attn: Public Works Director
1801 27th Street
Vero Beach, FL 32960
(772) 226-3490
8. All other provisions of the existing Lease shall remain in full force and effect.
IN WITNESS WHEREOF, the Seller has executed this Assignment this _ day of January, 2020.
SELLER
THEODORE BARTOSIEWICZ
Witnessed by:
signature:
Printed name:
Page 2 of 3
signature:
Printed name:
BOARD OF COUNTY COMMISSIONERS"*. --"*' T *.91,
INDIAN RIVER COUNTY, FLORIDA,;' ;' •:o
By:
S an s, Chairman 9coi;.:_
Date Approved: January 14, 2020
ATTEST: Jeffrey R. Smith
Clerk of the Court and Comptroller
."F
APPROVED AS TO FORM: APPROVED:
/1/ A4, 0'e I
William K. DeBraal Jason
Deputy County Attorney
`7ATF OF FLORIDA 1
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
i /1JEFFRBN R. SiAIT1iCLERX _
DATE
istrator
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