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2025-227
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Last modified
10/27/2025 12:56:49 PM
Creation date
10/27/2025 12:55:32 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
10/07/2025
Control Number
2025-227
Agenda Item Number
13.H.2
Entity Name
Palm Bay Joan LLC by RJS Properties, Inc.
Subject
Commercial Contract for Sale Agreement for to purchase of 11.74 Acres Durrance Place site
through the Environmental Lands Acquisition Bond
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40 (a) Closing Date: This transaction will be closed on 30 Days after Due Diligence Ends (Closing Date), unless <br />41 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods <br />42 including, but not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended <br />43 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after <br />a4 the insurance underwriting suspension is lifted. <br />45 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the <br />46 county where the property is located.) Closing may be conducted by mail or electronic means. <br />47 5. THIRD PARTY FINANCING: <br />48 BUYER'S OBLIGATION: On or before NIA days (5 days if left blank) after Effective Date, Buyer will apply for third <br />49 party financing in an amount not to exceed NSA% of the purchase price or $0.00 , with a fixed <br />50 interest rate not to exceed NSA% per year with an initial variable interest rate not to exceed NSA%, with points or <br />51 commitment or loan fees not to exceed NSA% of the principal amount, for a term of NSA years, and amortized <br />52 over N/A years, with additional terms as follows: <br />53 Cash Purchase, No Financing Required <br />54 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any <br />55 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if left <br />56 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close <br />57 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage <br />58 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon <br />59 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable <br />60 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left blank) <br />61 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. <br />62 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. <br />63 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of <br />64 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer <br />65 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and <br />66 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or <br />67 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both <br />68 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving <br />69 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use <br />70 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction <br />71 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender setting forth the terms <br />72 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre - <br />73 approval letter nor a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. <br />74 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by Xstatutory warranty <br />75 deed ❑ special warranty deed Ll other , free of liens, easements and <br />76 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, <br />77 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other <br />78 matters to which title will be subject) <br />79 <br />80 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the <br />81 Property as <br />82 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent <br />83 and pay for the title search and closing services. Seller will, at (check one) ❑ Seller's ❑x Buyer's expense and <br />84 within 5 days after Effective Date or at least days before Closing Date deliver to Buyer (check one) <br />85 ❑ (i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by <br />86 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase <br />87 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and <br />88 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑x (ii.) an <br />89 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. <br />90 How ; , if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed <br />Buyer ( ,r" ( )and Seller (`iAl� ) �) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. <br />`"_ <br />cc -6 3125 X2025 Florida Realtors® <br />senaia: 059714-700175-em37nv Form <br />. <br />Simplicity <br />
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