HomeMy WebLinkAboutDocumentation_Regular_Tab 07_03/12/2009r
~:;
x~
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
March 12, 2009 Meeting Type: Regular Village
Council Meeting Ordinance #:
Consent Agenda: YES Resolution #:
Originating Department: Public Works
2. AGENDA ITEM TITLE:
Auction agreement with Karlin Daniel & Associates
3. BUDGET /FINANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance: .
4. EXECUTIVE SUMMARY OF MAJOR ISSUES:
Requesting approval to enter into an agreement with Karlin Daniel & Associates to auction our surplus
vehicles
5. APPROVALS:
Dept. Head: ~1 ~"'`~" ~ Finance Director:
Attorney: (for legal sufficiency) Yes ^ No ~,
Village Manager: ~ - - - -- _ _ - --- -~.
SUBMIT FOR COUNCIL DISCUSSION: ^
APPROVE ITEM:
DENY ITEM: ^
TEQUESTA UTILITIES
MEMORANDUM
TO: MICHAEL R. COUZZO, VILLAGE MANAGER
FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER ~L~w
SUBJECT: AUCTION AGREEMENT
DATE: MARCH 4, 2009
Attached, please find an Auction Agreement from Karlin Daniel & Associates of Stuart
Florida. They are the local firm that handles most of the municipal auctions in our area.
They derive their fees from a 10% buyer's premium, so there is no cost to the Village to
have items auctioned. The next auction is on March 21, 2009 in Palm Beach Gardens.
Captain Ricciardi has two (2) vehicles that are being surplused and we would like to get
them in this auction.
Please place on the March 12, 2009 agenda for Council approval. Please feel free to see
me should you have any concerns relative to this matter.
03/05/2009 10:06 7722202544 KARLIN DANIEL & ASSO PAGE 02
Karlin Da~xei & Associates, Inc.
50 SE )[~i~adred Street • Suite 103
Stuart, k'lpridA 34994
(772) 220-2557
FLT ABt378-AUXZ07
AUCTIQN AG~E~MENT
This AUCTION AGREEMENT, made and entered into this day of , ,1Vlarch , 2009
by and between._Villa~e of Teauesta
of 136 Brid~c Rd.. Teauesta. Florida
hereinafter referred to as "SELLER" and KARLIN DANIEL and ASSOCIATES, Inc. Auctioneers, Real Estate Brokers, and
Yacht Brokers, hereinafter referred to as "AUCTIONEER",
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Seller does
hereby give Auctioneer the exclusive right to sell at public auction the following described zeal and/or personal property, to wit:
Surplus vehicles and equipment as per inventory supplied by the Village of Teauesta __ _
Auction location: City of Palm Beach Gardens ubNe Works Facility 3704 Burns Rd ,Palm Beach Gardens Florida
The Seller does hereby agree to pay to the Auctioneer for its services in conducting said sate a fee of NIA percent of
the highest and last bid or the 10% Buyer's Premium, made and taken on said real property, notwithstanding the owners refusal
ori.nability to transfer title to said property, in the event of ttxc Sellers refusal or inability to transfer title to said property, the
Auctioneer shall receive a fee equaling 10°10 of the highest bid received at the auction, and -0- percent of the net or gross
bid(s) on said personal property, The feels} and any costs are to be paid out of first proceeds xectivcd from the sale. In no event
shall the total fee be less than as stated due and payable the day o~'salc. However, the fee maybe deducted ftorn the Seller's
funds at closing in the event Auctioneer elects to delay payment.
This auction (is) (is~~) subject to a 10% Buyer's Premium; and in the event the Buyer's Premium is a term at the
auction, alI references herein to highest and Iast bid shall include said Buyer's Premium which equals gross bid.
The Seller hereby agrees to pay the following auction expenses over and above the fee percentage stated above:
Advertising $ -0- Survey $ -0- Tent $ -0- Auction Set-up $ -0-
Repairs $ -0- Catering ~ -0- other $ -0-
Thc Seller warrants that (1) it (is)(a£e} the sole and legal owner(s) oI' all th.e real atxd/or personal property
mentioned in this agreement; (2) the real and/or personal property is free from any and all liens, adverse claims, encumbrances,
concealed physical defects axtd any cnvsronmental problems as defined by Federal or State Iaw except as listed in this
paragraph; azld (3} it (has}(here) full authority to sell and tv dispose of said properly in aceardance with this agreement and
will give marketable title to said proper. ty. No liens sexist.
It is understood and agreed that none of the property herein listed for sale shall be withdrawn. from taxis agreement nor
shall said auction be cancelled except by the express written consent of the Auctioneer.
The Auctioneer agrees to use its best efforts to obtain. tktc best possible price of said property and to do all things
necessary to affect such sale. It is understood and agreed that the Auctioneer by this agreement assumes no liability for the loss
by fire, theft, destruction or damage to the property to be sold or to the premises where the sale is to be conducted or for any
losses or det•iciencies caused by insufficient funds on any checks received for payment for any property sold.
The terms of the above mentioned sale are in accordance with the City of Port St. Lucie Contract #20070156 awarded
I~axlin Daniel & Associates August 2007 and as follows: Buverlsl shall accent_everything on at1 "AS IS" basis with no
warranties expressed ox implied- buyer(s), shall make pavnncnt in full the day of the auction• buverfsl shall remove all items
the da of the auction unless otherwise ovided fox' settlement of auction rocee 'th the Villa of Te uesta to occur on
the 10`h banking day following the auction; a l0% buver'spremium shall be ehateed by the auction company collected from
th_e_buycr and retained by the auctioneer as their fee.
In the event that the terms of this auction require an earnest money deposit, and the purchaser at auction then defaults,
the tamest money deposit will b¢ divided equally between the Seller (as damages) and the Auctioneeir (as fee). In no event shall
the auctioneer receive more than the fee shown above, The Auctioneer shall also receive accrued interest on any escrowed
funds.
This Agreement is binding upon the pstYics hereto and their, heirs, successors and assigns.
03/05/2009 10:06 7?22202544 KARLIN DANIEL & ASSO PAGE 03
Page two
Auction Agreement
VilIagc of Tequesta
Seller hereby agrees that any suit, action or legal proceedings arising out of or relating to the auction shall be brought
solely and exclusively in the courts of the State of Florida in and for Palm Beach County, Florida, consents to the jurisdiction of
such court in any suit, action ox proceeding and waives any objection which it xnayhave to the laying of venue of any such suit,
action or proccxdix~g in such court. Further, the parties herein aclrnowledge and agree that this Auction Agreement and all
transactions contemplated by this Auction Agreement shall be governed by, construed and enforced in accordance with. the laws
of the State of Florida without regard of principles of canfli.ets oi; laws.
The Seller, its officers, directors, employees and agents, hereby releases, waives and discharges Auctioneer, its officers,
directors, employees and agents from any and all liability for all lass or damage of any kind arising out of or xelated in any way
to said auction, whether caused by the negligence of the Seller or otherwise, and the Seller expressly releases Auctioneer, its
officers, directors, employees and agents from any and all acts except resulting frartx their own negligence or fault, whether said
negligence or fault be in their individual ox .representative capacity, or in connection with the ncgligcncc ox fault of others under
the contract of the Auctioneer. Further, Seller, its agents, employees or other parties acting on its behalf specifically agree to
HOLD HARMLESS Auctioneer, its officers, directors, employees and agents from any and all injuries or damages arising from
any activities associated with the auction except as provided above. Fuxtlter, Seller agrees to indemnify Auctioneer against all
claims, demands, liability, loss or damage brought by third parties against Auctioneer arising from, out of or relating in any way
to the auction which are in any way attributable to any acts or omissions on the part pf the Seller. This indemnification is
limited by Florida Statute 768.28 whether in contract or tort as it relates to Seller.
In the event that Auctioneer is required to take any acrion to enforce the terms of this Auction Agreement, the
prevailing party shall be entitled to recover alI of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall
include those fees incurred (a) before, during and after litigation, including those incurred in attempting collection without
litigation, (b) in litigating in al] trial and appellate levels, (c) in any banlauptcy proceeding and (d)in any post judgment
proceeding.
SELLER DOES HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION
ARISING IN CONNECTION WITH THIS AUCTION AGREEMENT OR THE AUCTION ITSELF.
All parties signing this Auctiota Agreenlerit in any representative capacity represent that they have the authority to sign
on behalf of such party ox entity.
Said Auction is to be conducted on the 2l~` day of _ Iylareh. .2009 at 10:00 a.m./per:
yep ert~ta3Ees-r~~il}>s e
~e read esESte 1;`s~Ad~c~ei~ is be=nsseld an a(~` lies}s.
The personal property listed herein is bcin.g sold on a(n) sells to the highest bidder resardless of trace basis.
WE HAVE READ TH$ ENTIRE CONTENTS OP THIS AGREE11rIENT, UNDERSTAND FULLY THE CONTENTS
THEREOF, ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not relying upon verbal statements not contained
h.crci>a.
SS# SELLER
SS#
SELLER
AUCTIONEER: KARLIN DANiE.L & ASSOCIATES, INC. F.sy _