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HomeMy WebLinkAboutDocumentation_Regular_Tab 6D_1/10/2002 • IP • MEMORANDUM To: Michael R. Couz7o,Jr., Village Manager,p From: Gary Preston,Director of Public Works !l Date: January 2,2002 Subject: Village Council Agenda Item for January 10,2002 Please fmd listed below, five vehicles to be considered as surplus property at the January 10, 2002 Village Council Meeting. These vehicles would be auctioned with other North County governmental agencies vehicles on January 19, 2002 at the Town of Jupiter Maintenance Facility. I have also attached the Karlin Daniel & Associates, Inc. Auction Agreement which has been approved for legal form and sufficiency SURPLUS ITEMS Vehicle Model Year VIN Ford F250 w/Lift Gate 1988 1FTDF 15Y5 JNA 70036 GMC Sierra w/Lift Gate 1989 1GTDC 146 KZ 531483 Case Backhoe w/Loader 1985/86 9866 928 GMC 1500 1989 1GTDC 142 3 K2 531747 Lumina 3.1 1990 2G1 WL 54T 6 L1 201034 GP/mk Attachments AgendaltemMemorandum\Sutplusltems 8 01/02/2002 12:29 5612202544 KARLIN DANIEL & ASSO PAGE 02 . . r'Arf-.;ifq . -% Karlin Daniel & Associates, Inc. -,.' SO SE Kindred Street• Suite 103• Stuart,Florida 34994•,(S61)220-2557• FIX ABS7S-AU1207 AUCTION AG/REEMENT !Q This AIICTION AGREEMENT, made and entered into this day of aoee:eber , SSe2•, ," by and between Village of Tecuesta of 250 requests Drive, Tecuesta, Florida r. hereinafter referred to as °SELLER" and KARLIN DANIEL and ASSOCIATES, Inc. Auctioneers, Real Estate Brokers, and Yacht Brokers, hereinafter referred to as •AUCTIOmERR•. 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 real and/or personal property, to wit: All items listed as per attached list and marked Exhibit "A" to be provided by the Village of Tecuesta ' Auction location: Town of Jupiter Maintenance Facility, 3131 Washington St., Jupiter, Florida • The Seller does hereby agree to pay to the Auctioneer for'its services in conducting said sale a fee of N/A_percent of the highest and last bid, made and taken on said real property, notwithstanding the owners refusal or inability to transfer title to said property, 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 first proceeds received from the sale. In no event shall the total fee be less than as stated due and payable the day of sale. However, the fee may be deducted from the Seller's funds at closing in the event Auctioneer elects to delay payment. This auction (is) (is-not.) subject to a 1st Buyer's Premium: and in the event the Buyer's Premium is a term at the auction. all references herein to highest and last bid shall include bid price and 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- The Seller warrants that (1) it (is)(aee) the sole and legal owners) 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 and any environmental problems as defined by Federal or State law except as listed in this paragraph; and (3) it (has)(have) full authority to sell t(; 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 except by the express written consent of the Auctioneer. . The Auctioneer agrees to use its beat efforts to obtain the best possible price of said property and to ;� do all things necessary to effect such sale. It.is understood and agreed that the Auctioneer by this agreement ti'' assumes no liability for'the loss by fire, theft, destruction or damage to the property to be sold or to the • :ire 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 as follows: Buyer(s) 'shall accept everythinceon an ••AS Is" basis with no warranties expressed or implied; buyer(a) shall make payment in full the day of the auction, buyer(s) shall remove all items the day of the auction unless otherwise provided for. A 10t buyeLe•s premium `:; shall be charced and retained by the auctioneer as their fee.e Settlement'of the auction proceeds with the seller shall occur on the 10°" banking day following•the auction. ;j In the event that the terma of this auction require an earnest money deposit,-and-the purchaser'at • 'el auction then defaults, the earnest money deposit will be divided equally between the Seller (as damages)'and • 1 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. • Town of Jupiter will allow entities such as-Village'of-Tequesta;.City of Palm aeach Gardens, Northern ./��/ j., Palm Beach County Improvement District, and other Palm Beach County municipalities to include items in the ';?;; auction. At! This Agreement is binding upon the parties hereto and their heirs, successors and assigns. a` The parties herein acknowledge and agree•that this Auction Agreement and all transactions contemplated . "i• 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 conflicts of laws. IIiBMLESS Aug ' r, its officers, directors and employees, for any injuries or damages arisin ny ictivities associate • he auction. Further, Seller agrees to indemnify Auctionee any claims brough. . Jy third parties against Auctio ising from or out of the Auction which n any way attributable to ")•' my acts or omissions on the part of the In the event that Auctioneer is required to .on to enforce the terms of this Auction ,agreement, the prevailing party shall be eatit recover their reasonable attorneys' fees and e , :oats. Reasonable attorneys'. fees a c ude those fees incurred (a , during and after litigation, • uncluding those incurred.' - opting collection without litigation, (b) in 11 in all trial and appellate levels in any bankruptcy proceeding and (d) in any post-judgment proceeding. DOES BEREBY WAIVE TEE RIGHT TO TRIAL BY-JURY IN RESPECT TO ANY LITIGATION ARISING IN ON All parties signing this Auction Agreement in any representative capacity represent that they have the authority to sign on behalf of such party or entity. i Said Auction is to be conducted on the 19th day of January , 2002 at 10:00 a.m./p.e. Property taxes will be The real cetatc lictcd herein is bcimp cold OR a(n) Ds''- .ia The personal property listed herein is being sold on a(n) ABSOLUTE basis. rr° WE SAVE READ THE ENTIRE CONTENTS OF IRIS AGREEMENT, UNDERSTAND FULLY TEE CONTENTS THEREOF, ACKNOWLEDGE RECEIPT i1 OF A COPY OF SAME. We are not relying upon verbal statements not contained herein. .. 2 ,tt( SS# SELLER SS(t SELLER 13%,(. �� AUCTIONEER: SARLIN DANIEL S ASSOCIATES, INC. By ��''