HomeMy WebLinkAboutDocumentation_Regular_Tab 10_03/18/2008VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date:
March 18, 2008
Meeting Type: Regular Village
Council Meeting
Ordinance M
Amount Remaining after item:
Consent Agenda: YES
Resolution #: 11-08
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 & equipment etc.
5. APPROVALS:
Dept. Head: Finance Director:
Attorney: (for legal sufficiency)
Village Manager:
SUBMIT FOR COUNCIL DISCUSSION: Qr
APPROVE ITEM: d
DENY ITEM: ❑
Yes Ea'-" No ❑
TEQUESTA PUBLIC WORKS
MEMORANDUM
TO: MICHAEL R. COUZZO, VILLAGE MANAGER
FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER
SUBJECT: AUCTION AGREEMENT
DATE: FEBRUARY 26, 2008
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 the area.
They derive their fees from a 10% buyer's premium, there is no cost to the Village to
have items auctioned. The next auction is in Palm Beach Gardens on April 5, 2008 and
we have numerous vehicles and equipment we would like to have auctioned.
Please place on March 18, 2008 agenda for Council approval.
RESOLUTION NO. 11-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, AUTHORIZING THE EXECUTION OF A
AUCTION AGREEMENT WITH KARLIN DANIEL &
ASSOCIATES, INC. OF STUART FLORIDA FOR THE
AUCTION OF MISCELLANEOUS EQUIPMENT AND
VEHICLES AND AUTHORIZING THE VILLAGE MANAGER
TO EXECUTE THE APPLICABLE AGREEMENT ON BEHALF
OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Consideration to execute a auction
agreement and attached hereto as Exhibit "A" and
incorporated by reference as a part of this
Resolution is hereby approved and the Village
Manager of the Village of Tequesta is authorized
to execute the same on behalf of the Village.
THE FOREGOING
Councilmember _
adoption.
Councilmember
put to a vote, the vote was as
RESOLUTION
The motion
FOR ADOPTION
WAS OFFERED by
, who moved its
was seconded by
_, and upon being
follows:
AGAINST ADOPTION
The Mayor thereupon declared the Resolution duly
passed and adopted this 18th day of March, A.D,
2008.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Lori McWilliams
Village Clerk
02/27/2008 14:07 7722202544 KARLIN DANIEL & ASSO PAGE 02
Karlin Daniel & Associates, Inc
SO SE Kbidred Street , Suite 103
Stuart, Florida 34994
(772) 220-2557
FL# A,B878-A.U1207
A.0 C T10N A G 1Z�EMENT
This AUCTION AGREEMENT, made and entered into this day oFebruary , 2008
by and between Village of Teauegta ... „ .
of 136 Bridge Rd- Teauesta, FI.Qnda -
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 real and/or personal property, to wit:
Surplus vehicles and eauinment as per inventory supplied, by the Village of Teguesta
Auction location: City of Palm Beach Gardens Public Works Facilit .3704 Burns Rd... f'al.tn.Beach G4ardens, 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 Sellers 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 707 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-rie't) subject to a 10% 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 said Buyer's Premium which equals gross bid.
The Seller hereby agrees to pay the following auction expenses over andabove the fee percentage stated above:
.Advertising $ -0- _. - - .....-._-- -.__- — Survey $ -0 Tent $ -0 Auction Set-up $ -Q-
Repairs $ -0- Catering $ -0- Other $
The Seller warrants that (1) it (is)(ar-e) the sole and legal owner(s) of all the real and/or personal property
mentioned in this agreement; (2) the real and/or person al property is free from any and all lions, adverse claims, encu M..
concealed physical defects and any environmental problems as defined by Federal or State law except as listed in this
paragraph; and (3) it _ (has)(heve) full authority to sell and to dispose of said property in accordance with this agrecxaent 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 as follows: Buyers) shall accept everything on an _`..`AS 1S" basis with no
warranties expressed or implied; imer(s) 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,• settlement of auction proceeds with the Village of Teauesta to occur
on the I0`s banking day following: the auction: a 10% buyer's orcmium shall be charged by the auction comp -any, collected
from the buyer and retained by the auctioneer as their fee,
irx the.event-atty_unclait>xe-d aansistntxients are not removed by seller by lvlondav APri17 2 Q8, removal and disposal will be
contracted by the auctioneer and the resulting cost deductedfrom the seller's proceeds.
In the event that the terms 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 binding upon the parties hereto and their heirs, successors and assigns.
0212712008 1.4:07 7722202544 KARLIN DANIEL & ASSO PAGE 03
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 or 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 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 conflicts of. 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 loss or damage 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 Seller expressly releases Auctioneer, its
officers, directors, employees and agents from any and all acts except resulting from. their own negligence or 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
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. 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 762.28 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 entitled to recover all of their reasonable attorneys' fees and costs. Reasonable attorneys' fees shall
include those fees incurred (a) before, during andafter 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 HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT TO ANY LITIGATION
ARISING 1N CONNECTION WITH TIdIS 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 party or entity.
Said Auction is to be conducted on the 5" day of it , 2008 at 10:00
Rreperty taxes will be
xx'is^zvax P5LRCG r$lEl 8#i $iii _ 13i19ia
The personal property listed herein is being sold on. a(n) sells to the highest bidder regardless of taric_e basis.
WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT, UNDERSTAND FULLY THE CONTENTS
THEREOF, ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not relying upon verbal statements not contained
herein.
SS#
SS#
SELLER -- ----
SELLER
AUCTIONEER: KARLIN DANIEL & ASSOCIATES, INC. By
