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16 <br /> <br />to exercise the right of first refusal). This resulted in residents needing to accept less favorable <br />terms and conditions than offered to Continental. Benefits not afforded residents included: <br />- under the Letter Agreement, a 120-day period for inspection and arranging financing <br />before execution of the Purchase Agreement and full payment of earnest money; <br />- an additional 45-day inspection period after execution of the Purchase Agreement in <br />which earnest money would remain almost entirely refundable; <br />- a right to review issues as to title insurance for a reasonable time before closing; <br />- a right to environmental assessments, surveys, title policies, and other records and <br />documents necessary to assess the purchase price and terms, and obtain financing, <br />both before signing the Purchase Agreement and before closing; <br />- a right to physical examination and inspection of the property and all utility systems; <br />- a right to make progressive “Inspection Payments” throughout the inspection period <br />as opposed to being required to make a lump-sum earnest money payment at the time <br />of the Purchase Agreement and without any prior right to inspection; <br />- a right to a financing contingency, with aid of an inspection and due diligence process <br />to be used in obtaining financing; <br />- a right to request additional documents from seller to be provided at closing; and <br />- a right to negotiate a price during the inspection period for property and buildings <br />owned by LG Partnership’s affiliate PLJ. <br />Many of the above provisions were important “conditions” to Continental’s performance, and the <br />park’s residents were entitled to those same conditions according to the plain language and intent <br />of the statute. The Court should find that denying important conditions to park residents is <br />improper and prevent future like violations. <br />C. Park Owners and Developers Should Not Be Permitted to Unreasonably Refuse <br />Park Residents’ Exercise of the Statutory Right of First Refusal. <br />Subdivision 6 also provides that “the park owner must accept the offer if it meets the cash <br />price and the same terms and conditions set forth in the purchaser’s offer.” Here, Plaintiffs— <br />despite being deprived of key terms, inspection rights, and contingencies afforded Continental— <br />27-CV-16-9809 Filed in Fourth Judicial District Court <br />8/5/2016 8:53:55 AM <br />Hennepin County, MN