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Home My WebLink About2009-261 :10 =4M O4 Karlin Daniel & Associates , Inc . & S . Lic, Florida Real Estate Broker • FL# AIB8784U1207 6Ad O ?Wvm ,J 772 . 220 . 2557 • 4285 SW Martin Highway • P. O . Box 1035 , Palm City, Florida 34991 AUCTION AGREEMENT This AUCTION AGREEMENT, made and entered into this day of September , 2009 by and between Indian River County of 1800 27 °i St Vero Beach Florida 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 equipment as per inventory to be supplied by seller and attached to this agreement Auction location : City of Vero Beach Vehicle Maintenance Facility 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 last 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 . 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 S -0- Catering $ -0- Other $. -0- The 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 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 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 It is understood and agreed that none of the property herein listed for sale shall be withdrawn from this agreement nor shall said auction be cancelled except by the express written consent of the Auctioneer.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 insufficient funds on any checks received for payment for any property sold . The tern-is of the above mentioned sale are in accordance with the City of Port St. Lucie , Contract 1/ 20070156 awarded Karlin Daniel & Associates August 2007 with subsequent renewal and as follows : Buyer(s) shall accept everything on an "AS IS " " Where Is " basin with no warranties expressed or implied ; buyer( s) shall make payment in frill the day of the auction buyer(s) shall remove all items the day of the auction with vehicles and heavy equipment by Monday. November 2 , 2009 % settlement of auction proceeds with the Indian River County to occur on the 10`x' banking day following the auction. Any consigned items remaining at the auction site Tuesday November 3 2009 must be removed by seller. 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 tee). 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 ur 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 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 . 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 ' tees 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 31 day of October , 2009 at 10 : 00 a. m. PFeP814y-ta? nes Will lie 4:h@ net pf:eNzide buyer with title insufanee-, The personal property listed herein is being sold on a(n) sells to the highest bidder regardless of price basis . WE HAVE READ THE ENTIP14 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 . s �� r SELLS liJ e eey s , . I SELLER AUCTIONEER : KARLIN DANIEL & ASSOCIATES , INC . By - - APPROVED AS TO P R �90 X G lc AAL S tFFIC BY 7 WILLIAM K . DEBRAAI DEPUTY COUNTY ATTORNEY