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HomeMy WebLinkAboutIV.F - Right of First Refusal - Stretch RIGHT OF FIRST REFUSAL THIS AGREEMENT, dated this _____ day of __________________, 2025, by and between Stretch Holdings LLC, a Minnesota limited liability company, and Hastings Economic Development and Redevelopment Authority, a public body corporate and politic organized under the laws of the State of Minnesota,hereinafter called HEDRA. 1. Right of First Refusal. In consideration of the sum of One Dollar and no/100 ($1.00) Dollar paid by Stretch Holdings LLC to HEDRA, the receipt of which is hereby acknowledged, HEDRA hereby grants to Stretch Holdings LLC the right of first refusal from the date of this agreement and expiring on March 13, 2026 to purchase the following described lots, located in the County of Dakota, State of Minnesota, legally described as follows: All of the parcel dedicated as Public Land on the plat of Bauer’s Second Addition recorded on August 29, 1968 as Document No. 352204; EXCEPT that part dedicated as Parcel 259P on the Minnesota Department of Transportation Right Of Way Plat No. 19-89 recorded on August 29, 1989 as Document No. 901710; AND EXCEPT that part dedicated as Outlot A and South Frontage Road on the plat of Hastings Library Addition recorded on September 21, 1993 as Document No. 1153376. Abstract Property PID: 19-13401-04-101 (“Property”) 2. Notice. In the event that HEDRA should decide to sell the Property to a third party, HEDRA shall send written notice, by certified mail, to Stretch Holdings LLC of its intention to sell the Property and the purchase price and terms of sale, and Stretch Holdings LLC shall have five (5) business days after receipt of the written notice to advise HEDRA of its intention to purchase the Property or not to purchase the Property. It is agreed that the closing shall take place within sixty (60) days from the date in which Stretch Holdings LLC exercises the right of purchase under this Agreement. In the event HEDRA shall decide to sell the Property and Stretch Holdings LLC shall decide not to exercise this right of first refusal, HEDRA shall then be free to sell the Property to any other third party, 3. Documents. In the event the right of first refusal is exercised, the parties agree to provide and execute any and all necessary legal documents to effectively exercise the right of first refusal and transfer title to the property. 4. Entire Agreement. This agreement shall not be modified or exchanged except upon the written agreement of all the parties to this agreement. This agreement shall run with the land and shall be binding upon and inure to the benefit of each of the parties. their successors and assigns. 5. Governing Law. This agreement shall be interpreted and enforced according to the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have hereunto executed this agreement the date and year first above written. Stretch Holdings, LLC By: Its: ___________________________ Hastings Economic Development and Redevelopment Authority By: Benjamin Anderson Its: President By: John Hinzman Its: Executive Director