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HomeMy WebLinkAboutAgreement_General_03/12/2009 (2)0:ii 05! 2009 10:06 7722202544 KARLIhd DANIEL & ASSO PAGE 02 Karlin Daniel & Associates, Into 50 SE Kindred Street • Suite 103 Stuart, Florida 34994 (772) 224-2$57 FLit AB$7&AU1207 AIJCTIQN AGREEMENT This AUCTION AGREEMENT, made and entered into this ~ ~ day of March , 2009 by and between Villare of Teau.esta of 136 Brid~c Rd.. Teauesta. Florida herctnafler 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 aclrnowledged, 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 suonlied by the Villate of Teaucsta Auction location: City of Palm Beach. Gardens Public Works Facility 3704 Bums Rd Palm Beach Gardens Florida The Seller does hereby agree to pay to the Auctioneer for its services in conducting said sale 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 or inability to transfer title to said property, in the event of the Sclicrs refusal or inability to transfer title to said property, the Auctioneer shall receive a fee equaling 10% of the highest bid received at the auction, and -0- percent of the net or gross bid(s) on said personal property. The fee(s) and. any costs are to be paid out of frst proceeds received from the sale. In no event shall the total fee he less than as stated due and payable the day of sale. However, the fee maybe deducted from the Seller's funds at closing in the event Auctioneer elects to delay payment. This auction (is) (4~-nef} 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 last bid shall include said 13uyer'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)(are) the sole and legal owner(s) of all the real and/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 anal any environmental problems as defined by Federal or State law except as listed in this paragraph; and (3} it (has)(le) full authority to sell and to dispose of said property in accordance with this agreement and will give marketable title to said property. No liens exist. It is understood and agreed that none of the property herein listed for sale shall be withdrawn. from this 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. the 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 deficiencies 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 Kaxli.n Daniel & Associates August 2007 and as follows: Buyer(sl shall accent everythinlr on an "AS IS" basis with no ,.,, warranties expressed or imvlied- buyer(sl shall make pavment in full the da oy f the„auction; buyer(s) shall remove all items the bu cr and retained b the auctioneer as their fee. In the event that the teams of this auction require an earnest money deposit, and the purchaser at auction then defaults, the earnest money deposit will be divided equally between the Seller (as damages) and the Auctioneer (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 Uinding upon the parties hereto and their heirs, SucCCSSOrs and assigns. YJ.J:' t7:Ji ~rw~y lb: bb ! IL'1L~J1544 KARLIN DANIEL & ASSO PAGE 0~ Page two Auction Agreement Village 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,Plorida in and for Palm Beach County, I'lorida, consents to the jurisdiction of such court in any suit, action ox proceeding and waives any objection which. it may have to the laying of venue of any such suit, action or proceeding 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 aeeordanoe with. the laws of the State of Florida without regard of principles of conflicts of laws. The Seller, its officers, directors, employeesg and agents, hereby releases, waives and discharges Auctioneer, its officers, directors, employees and agents from any and all liability for all loss or damage of any ]dnd arising out of or related 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 froze their own negligence ar fault, whether said negligence or fault be in their individual or representative capacity, or in connection with the negligence or fault of others under the contract of the Auctioneer. Further, Seller, its agents, employees or other parties acting on its behalf specifically agree to HOLb HARMLESS Auctioneer, its officers, directors, employees and agents front any and all injuries or damages arising from any activities associated with the auction except as provided above. Further, 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 of 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 action to enforce the terms of this Auetian Agreement, the prevailing party shall be entitled to recover all 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 all trial and appellate levels, (c) in any bankruptcy proceeding and {d) in any post judgment proceeding. SELLER DOES HERESY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING IN CONNECTION WITH THIS AUCTION AGREEMENT OR THE AUCTION ITSELF. Al] parties signing this Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such party or entity. Said Auction is to be conducted on the 21n day of March. .2009 at 10:00 a.m./per. I?repc~t#y-~a3Ees ~~~ill be Tk~e-r~l-est~3~5Fe~-13er~ft-is 13ei-r-E-seld~n aEn' bests. The personal property listed herein is bci.ng sold on a(n) sells to the hi est bidder re ardless of rice basis. WE IIAVL- .READ TH$ ENTIRE CONTENTS OF THIS AGREEMENT, UNDERSTAND FULLY THE CONTENTS THEREOF, ACKNOWLEDGE RECEIPT QF A COPY OF SAME. We are not relying upon verbal statements not contained h crcin. SS# `~ SS# AUCTIONTEER: KARLIlV DANiFL & ASSOCIATES, INC. Ey Page two Auction Agreement Village 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 wai.vea any objection which it may have to the laying of venue of any such suit, action or proceeding in such court. Further, the parties herein acknowledge 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 coni7.icts of laws. The Seller, its officers, directors, employee4 and agents, hereby releases, waives and discharges Auctioneer, its officers, directors, employees attd agents from any and alt liability for all loss or datnage of any kind arising out of or related in any way to said auction, whether caused by the negligence of the Seller or otherwise, and the Se12er expressly releases Auctioneer, its officers, directors, employees and agents from any and ail acts except resulting front their own negligence or fault, whether said negligence or fault be in their individuat or representative capacity, or in connection wish the negl.i.gcnce or. 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 al] injuries or damages arising from any activities associated with the auction except as provided above. Further, Seller agrees to indemnify Auctioneer against all claims, demands, liability, toss or damage brought by third patties against Auctioneer arising from, out of or relating in any way to the aueti.on wltieh are in anyway attributable to any acts or omissions an the part of 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 action to enforce the terms of this Auction Agreement, the prevailing party shall be entlelcd to recover all of their reasonable attorneys' fees and costs. Reasa~nable attorneys' fees shall include those fees incurred (a) before, during and after litigation, including those incurred in attennpting collection without litigation, (b) in litigating in all trial and appellate levels, (c) in any bankruptcy 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 Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such par. ty or entity. Said Auction is to be conducted on the 2l~` day of N.Iareh. .2009 at 10;40 a.m./per: 1?Fepe~t~+-ta~Ee,5-3~n•11 >~e ~x~lkl E-9tB48139tE+~ )~fE~t-iS-131+~ig-9B~f3 E~ a f ~1~- 1~@5i5. The personal property listed herein is being sold on a(n) sells to ~,ie hiehest bidder reeardless of oriee basis. WE RAVE READ THE ENTIRE CONTENTS OF THIS AGRE7MENT, UNDERSTAND FULLY THE CONTENTS THEREOF, ACKNOWLEDGE RECEIPT QF A COPY OF SAME. We are not relying upon verbal statements not contaitaed h.crcir~. SS# `~ SS# AUCTIONEER: KP-RLIN DANII3.L & ASSOCIATES, INC. By ~ ~`"y~ !~v '-" ~`s