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CC PACKET 06282016
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CC PACKET 06282016
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6/29/2016 9:56:26 AM
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6/28/2016 3:50:35 PM
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Key Facts About Owners' Efforts to Close Lowry Grove <br />LG Partnership and Continental took a number of steps to make it impossible as a practical matter for <br />residents to exercise their first refusal rights under Minnesota Statutes 327C.095 subd. 6.: <br />Continental provided LG Partnership with an offer indicating intent to close the park <br />weeks before April 26. Rather then promptly providing residents with the Subdivision 6 notice <br />of Continental's offer, and giving them 45 days to match the prospective buyer's offer before <br />entering into a purchase agreement as the statute requires, LG Partnership waited until one day <br />prior to its execution of a purchase agreement with Continental to provide the Notice. Then <br />when Aeon submitted a purchase agreement to preserve the park, LG Partnership rejected the <br />offer because they claimed that aeon would have to close the same date that LG Partnership <br />was required to close with Continental. <br />LG Partnership then responded to the residents' Subdivision 6 request with the <br />purchase agreement, rather than the cash price and terms of the buyer's offer as required by <br />the statute. <br />The parties to the LG Purchase Agreement included a $1 million earnest money <br />payment. This is an exorbitant amount, the only purpose of which could be to prevent residents <br />from being able to exercise their first refusal rights. <br />LG Partnership did not provide residents with the full purchase agreement, leaving out <br />all of the exhibits, many of which would be required to allow a prospective purchaser's due <br />diligence analysis. <br />Aeon submitted its offer on Friday, June 10. LG Partnership rejected the offer on <br />Monday June 13. None of the three reasons given for rejecting the offer were valid. <br />LG partnership closed the sale on Monday June 13, without discussing their purported <br />issues with the Aeon purchase agreement. They claimed that they had to close the sale then; <br />but the earliest date they were required to close was Wednesday, June 15. <br />The Village LLC purchased the Park on June 13 and sent a Park Closure Notice to residents on June 15. <br />Minnesota Statutes 327C.095 subd. 7 requires that a buyer that has decided to close the park within a <br />year of its purchase of the park must offer to sell the park to the residents for its purchase price plus its <br />cost involved in the purchase. The offer to residents must be in a notice that the park is being closed. <br />The Village LLC has not offered to sell to the residents as required by the statute. <br />Subdivision 4 of the Statutes requires the City to hold a hearing to review the closure statement. The <br />City can only conclude from an objective review of the closure statement that The Village LLC has not <br />complied with the law because it has not offered to sell the park to the residents. The City must <br />conclude that the Village LLC must rescind its earlier notice and provide residents with a new one which <br />includes the statutorily required offer to sell to the residents. <br />
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