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Home My WebLink About2010-288 v v 11 I I(ad O 1 . N Karlin Daniel & Associates ., Inc . 50 SE Kindred Street • Suite 103 Stunrt , Florida 34994 (772) 220-2557 FL# AB878-AU1207 AUC �t 101 1 AGR ' i 4 lel 11 - This AUCTION AGREEMENT, made and entered into this 1---, r' , day of -tc� �� mh - 2010 by and between Indian River County f 1 S00 2TSt . . Vero Beach Florida hereinafter referred to as " SELLER" and I{ ART.IN DANIEL and ASSOCIATES , Inc. Auctioneers , Real Estate Brokers , and o Yacht Brokers, hereinafter referred to as " AUCTIONEER" . For good and valuable consideration, the receipt and sufficie„ cy of which is 1tCr 'by ackuuwlCdgcd, the Scllcr does hereby give Auctioneer the exclusive right to sell at public auction the following described real and/or personal property , to wit : Sul-plus vehicles and L"u _rnent as ger inventor to e 51112PIied b i seller and gtig.clied to this agreement Auction location : Indian River County Fairgrounds The Seller does hereby retain the professional services of the Auctioneer. The Auctioneer shall charge the buyer and retain the " 10% Buyer ' s Premium" (surcharge added to the bid price of the highest and fast bid) from the buyer(s ) as their fee. The fee(s) and any costs are to be paid out of the first proceeds received from the auction. This Auction is subject to a 10% Buyer's Premium (for bid paid) ; all references herein to highest and last bid shall not include said Buyer's Premium. ng auction expenses over and above the fee percentage stated above : The Seller hereby agrees .to pay the followi -0 - Tent $ -0 Auction Set-up $ Advertising $ -0 - Survey $ -0- Repairs $_ 0=— Catering $ -0- Other $ -0- )(are) the sole and legal owners) of all lite real anal/ur pursunal property The Scllcr wan-ants that ( 1 ) it (is 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)(laave) fail 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 It is understood and agreed that none of the property herein listed for sale shall be withdrawn from this agreement nor shall said auction be cancelled except by the express written consent of the Auctioneer .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 provide counsel to the city/county for establishing sale order; advertise said auction as appropriate; provide registration of bidders ; clerking and cashiering of auction proceeds ; and microphone services to conduct said auction . 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 insufCciant funds on any checks received for payment for any property sold . The terms of the above mentioned sale are in accordance with the Indian River County Contract # 2010050 awarded Karlin Daniel & . ., fl Associates September 7 , 2010 and as follows : Buyer s t Suau c 09t c va.0 l4j on all "AS •IS " "Where Is " basis wit no warranties cx ressed or implied • bu er s shall make a ment in full the da of the auction bit er s shall remove all items the day of the auction with vehicles and heavYeciui ment b Tuesda December 14 2010 • settlement of auction proceeds with Indian fLiver County to occur on the 10"' ban ci ig da #'oilowin the auction . 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. Page two Auction Agreement Indian River County 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 Indian River 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 acicnowledge 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 . In the event that Auctioneer is required to take any action to enforce the terns 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 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 . 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 110' day of December 2010 at 10 : 00 a.m. basis: basis . The personal property listed herein is being sold on a(n) sells to the highest bidder regardless of price WE HAVE READ THE ENTIRE CONTENTS OF THIS AGREEMENT , UNDERS .YY / CONTENTS THEREOF, ACKNOWLEDGE RECEIPT OF A COPY OF SAME. We are not rel if itp erbnainS ents not contained herein . SELLER �— p A•� 0 t� a O� •o ! t 6666 � . _ ;• ! � bb � �•O• • • II • • � r.. Bob Solari Chairman MI IWC / per b� b o J y 1 � 4 •. Orr � MNi . • 0 1 Indian River CountyDBoard of County Commi on s AUCTIONEER: KkRLIN DANIEL & ASSOCIATES , INC . By APPROVED AS TO FORM AND LEGAL SUFFICIE Y BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY