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Home My WebLink AboutAgreement_General_03/05/20081_1'~i '~ . 1 '~4_11_1~~ 14: ~~l ~~2F~2~44 HC~RLIh~! L;~hdIEL s~ ASSr PAGE 6~ Karlin ~D2~niei & .Associates, h1C o 50 SE Is.indred Street ,Suite 103 Stus~rt, Florida 34994 (77r) 220-2557 FI,# r#S87>3-A[I1.2(Y7 A.LTC'~'I(aN AGREEMENT' m a.~ This AUCTIQN AGREEMENT, made and entered into this ~ ~ day of ~ vT~=r•- , ~0()R by and between._Villa~e ofTequesta of 136 Bridge Rd., Teaucsta, Florida _ _ hereinafter referred to as "SELLER" and I~.ARLIN DANiFL and ASSOCIATES, Inc. Auctioneers, Rca] Estate Brokers, and Yacht Brokers, hereinafter referred to as "AUCTIONEER". For good and ~~•aJuable 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 pexsnnal property, to wit: Surplus vehicles and equipment as ger inventory supplied by the Villa.~e of Teauesta Aueiion location: City of Palm Beach Gardens Public Works Facility 3704 Burns Rd. Palm $eaeh Gardens, 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 or the 10% Buyer's I'retttium, made anal taken on said real property, notwithstanding the owners refusal. or inability to transfer title to said property, in the event of the Sehc.rs refusal or inability tp transfer title to said property, the auctioneer shall receive a fee equaling 10°~~ of the highest bid received at the auction, and -U-percent of the net or gross bid(s) on said personal property. The fee(s) and any casts 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. Howcvrr, 1.hc fee maybe deducted from the Seller's funds at closing in the event .A.uctioaaeer elects to delay payment. Tl]IS aClCtlo . ~t } ~~•~~ gC;Jject t., w .v.v Buyers ~ rcmtui;.~, and t?i u.~~ Cviiit use Buyers Premium i5 a term a~ ~hc 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 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)(a~e) the sale and legal owner(s) of all the real. and~or personal property rncntioncd in this agrccrrACnt; (2) th. e real and/or personal property is free from any and all liens, adverse claitns, cncuznbranees, concealed ph}~sical defects and any environmental problems as defined by Federal or State law except as listed in this paragraph; anal (3) it (has)(e) 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 fox sale sha1.1 be withdrawn from this agreement nor shall said auction be cancelled except by the express r ritten consent of the Auctioneer. Tltc h.uctioneer 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 ixre, theft, de5l:ruetion 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: Buver(s) shall accetit evei-vthin~ on an "AS i_S" basis with no warranties e_x~.,ressed or implied; buyer(s) shall make payment in fu1I the day of the auction; buyer(s) sha.l] rcnrtovc al.l..items the day of the auction unless otherwise urovidcd fox' scttlcrnent of auction troceeds with the Villase of Teauesta to occur on the 10°i banking day following the auctian• a 10°% buyer's vrcmiuxlt shall be charged by the auction company collected from the buyer and retained by, the auctioneer as their fee., , 1n the event any_unclaimed coasiQnments are not removed by seller by ]vTondav At,ril 7 200$ removal and disposal will be contracted by the auctioneer and the resulting cost deducted. from tltc seller's proceeds In the event that the teiTr-s of this auction require an earnest money deposit, and the purchaser at auction then defaults, the earnest money deposit will be divided equally behveen. the $e1Jer (as damages) and the Auctioneer (as fee). In no event shall the auctioneer receive more than the fee shaven above. The Auctioneer shall also receive aecnied interest on any escrowed funds. This Agreement is binding upon the parties hereto and their heirs, successors and assigls. 4_1'x/ ~ ~ . ~F14J=_ 14: F1 , ,??24=~254a t<:~,RLIhd U~;P~IIEL i:! 1~"1'JJr P~;~:aE 0. Page two Auction Agreem.cnt Village of Tequcstia Scl.ier hereby agrees that any Suit, action. or legal proceedings arising out o.f or relating to the auction shall be brought solely and e:~.elusivcly 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 abjection which it may have to the laying ofvenue 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 Agxeemcnt shall be governed by, construed and enforced in accordance with the laws of the State o:E Florida without .regard of principles of conflicts of laws. The Seller, its offtcers, 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 ofOeers, directors, employees and agents 'from any and all acts except resulting ('t'orn their own negligence or fault, whether said. negligence or fault be in their individual or xcpt'csentative capacity, or in connection with the negligence or fault o'~ others under the contract of the Auctioneer. Further, Seller, its agents, employees or other parties acting on its behalf specifically agree to HOLD HA~2.ML FSS Auctioneer, its officers, directoxs, emplayees and agents from any and. all injuries or damages arising from any acti~lties associated with the auction except as provided above. Further, Se]]er 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 suction which are in any way attributable to any acts or omissions on the part of the Seller. This indemnification is linuted by Flot~ida Statute 762.2$ whether in contract or tort as it rel.al:es to Seller. In the event that Auctioneer is requixcd to take any action to enforce the terms of this Auction Agreement, t11e prevailing party shall be entitled to recover all of their reasonab1c 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. Sl?T1LER DOES HEREBY WANE TI-i<E RIGHT TO TRIAL BY 1URY IN RESPECT TO ANY LITIGATION ARISII~TG 1N CONNrCTION W1T1••I THIS AUCTION AGREEMENT OR THl3 AUCTION ITS)/LF. All parties signing this Auction Agxeement in any representative capacity represent that they have the authority to sign ~m behal f of such party or entity. Said ALiction is to be conducted on the S"' day of Arn'il , 2008 at 10:00 a.mJp-~- lzxeperty-ta~E~+s will 13e Tlyaxan]_ne~t2t _lioeod_1•, f y~ ava~ ~ ccrc°a !If]14R ~ °vYAti~iF }~eing~$l~l 0r3 atn GCt9~5 The personal property listed hexein is being sold on, a(n) sells to the hi~,hest bidder regardless of price basis. WE I~ AVE READ THE ENTTRI? CONTENTS QF THIS AGREEMENT, rJNbERSTAND FLJ1 r Y THE coNTENTS THEREOF, ACI~NdWLEDG); Rl/CEIPT OF tl, COPX OF SAME. We are not relying upon verbal statements not contained herein. ~„ N } A. SSA '~-~ ..'. ALrCTiONEELt: TLAR.LiN DANIEL & ASSOC.TATES, ]NC. Sy