Santa Clara California Right of First Refusal Agreement

State:
Multi-State
County:
Santa Clara
Control #:
US-EG-9350
Format:
Word; 
Rich Text
Instant download

Description

Amended and Restated Right of First Refusal Agreement between BirthdayExpress.Com, Inc. and investors regarding transactions by investors dated July 21, 1999. 9 pages.

Santa Clara, California, is a vibrant city located in the heart of Silicon Valley. It is known for its proximity to technology giants such as Apple, Google, and Intel, attracting a diverse community of professionals, families, and entrepreneurs. Among the various legal agreements that govern real estate transactions in Santa Clara, the Right of First Refusal Agreement holds significant importance. A Right of First Refusal Agreement, commonly abbreviated as ROAR Agreement, is a legally binding contract between a property owner, referred to as the granter, and a potential buyer, referred to as the grantee. This agreement gives the grantee an option to purchase a property before the granter sells it to a third party. Generally, the grantee has the right to match or exceed the terms and conditions offered by the third party bidder. In Santa Clara, there are different types of Right of First Refusal Agreements that cater to specific situations and real estate scenarios. Some of these variations include: 1. Residential Right of First Refusal Agreement: This type of agreement is applicable when residential properties, such as single-family homes, apartments, or condominiums, are involved. It allows tenants, neighbors, or other interested parties to have the first opportunity to purchase the property if the granter decides to sell. 2. Commercial Right of First Refusal Agreement: Specifically designed for commercial properties, this agreement grants businesses, neighboring establishments, or interested investors the right to match or exceed a third-party offer when the granter intends to sell their commercial real estate. 3. Right of First Refusal Agreement for Land: This type of agreement is utilized when undeveloped land or vacant lots are being sold. It enables nearby landowners or interested parties to purchase the land before it is sold to another entity. 4. Municipal Right of First Refusal Agreement: This agreement is used by local government authorities in Santa Clara to have the first opportunity to acquire a property within their jurisdiction. It allows the government to control land development and safeguard community interests. The Santa Clara California Right of First Refusal Agreements are crucial tools to preserve the character and integrity of the community while providing interested parties with a fair chance to acquire real estate. These agreements ensure that the parties involved have the opportunity to negotiate, purchase, or retain properties that hold significance to them in this thriving city. By incorporating the Right of First Refusal Agreement, Santa Clara maintains its commitment to balance growth with the preservation of its unique identity.

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FAQ

The tenant does not have to pay the landlord's costs under the right of first refusal process, whereas under the collective enfranchisement mechanism, the tenants are required to pay the landlord's reasonable legal costs and reasonable valuation fee.

The right of first refusal granted herein shall terminate (i)with respect to any particular First Refusal Space upon the failure by Tenant to exercise its right of first refusal with respect to the First Refusal Space so offered by Landlord pursuant to the terms of this Section1. 3.

A right of first refusal is a contractual right giving its holder the option to transact with the other contracting party before others can. The ROFR assures the holder that they will not lose their rights to an asset if others express interest.

Duration: The ROFR may expire after a certain amount of time or after an event occurs, such as the expiration of a lease. After the specified time, the property owner may enter into a transaction without notifying the holder of the ROFR.

Before the seller goes under contract to sell the property to someone else they must make the offer to the ROFR holder. The ROFR holder then has to agree to the same terms as the offer and if they do not respond within X days of their receipt of the offer they are deemed to have waived their ROFR.

ROFR is a contractual obligation that binds both a prospective real estate buyer for example, a potential homeowner looking for an apartment, condo, or single-family residence and real estate seller.

To be enforceable, options and rights of first refusal must usually be in writing, signed, contain an adequate description of the property, and be supported by consideration. They may be included in lease contracts, or they may be drafted as standalone agreements.

There's a time limit built into the typical ROFR agreement, so when the seller does decide to put the property up for sale, the potential buyer needs to be ready to make a quick decision and know whether they can line up the financing. They should be ready to enter into a purchase agreement within a matter of days.

The right of first refusal (ROFR) is a contractual right that can impact your business and future opportunities. Simply put, the ROFR gives the holder of the right the option to enter into a transaction before anyone else.

Interesting Questions

More info

The tenant to live in. This contract clause is negotiated before the home reaches the market and has a few elements.The sparkling inground pool is perfect for those hot days and nights when a jump in the pool is most desired. Plus, earn rewards points on every app order with The Jack Pack! In the second scrimmage, it was Santa Clara's Jalen Williams and Kansas' Christian Braun who shined. Create your Marriott Bonvoy account now to start earning points toward free hotel nights and other rewards. If you agree, you make an offer. If you decline, the homeowner is free to negotiate with other potential buyers interested in the property. The right of first refusal in the Co-Sale Agreement terminates on September 20, 1999.

If the Home doesn't sell, all proceeds are paid to the buyer and the bank owns it. You may still own the home, just on the condition that if The Jack Pack is selected to buy it, the price is not less than the original purchase price. In short, there are advantages to the home's location. The proximity to the City's business center (Civic Center Park) provides a great benefit. On the other side of the city, there are many entertainment options available, including the San Francisco Opera. You'll also benefit if the home is located in the same city as The Rooftop. This creates a strong community link and enhances the appeal. The City is a landowner on the land. This means it retains ultimate decision-making authority over how and where homes may be built. The Home must remain affordable to households of four or less and no more than a 4 bedroom home. In the case of smaller households, a single parent who can work full-time may be able to live in a shared space on the 2nd floor.

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Santa Clara California Right of First Refusal Agreement