Agenda - Council - 04/12/2011 - Laserfiche WebLink

Home

WERNER AUCTION GROUP CONTRACT This agreement entered into by and between Werner Auction Group Inc. and Bid-2-Buy, hereinafter referred to as Auctioneer, and City of Ramsey hereinafter referred to as Seller. For and in consideration of the services to be performed by the Auctioneer, the undersigned Seller of the property hereinafter described, hereby employs and grants the Auctioneer the exclusive right to sell the following described property: (Or see Addendum) Itcros at 7157 Highway 10 (Old Holiday Station) ,14550 Armstrong Boulcvard (Old Oasis marlcct) The right to sell specifically includes the right to sell the above -described property at public online auction to the highest bidder(s) on the premises on or about TBD , or up to sixty days after said approximate date. Seller warrants and represents to the Auctioneer that Seller owns, has full authority and lawful power to sell and shall deliver title to the above described property, free of all claims, encumbrances, or indebtedness, and that said property can be auctioned without violation of any Federal, state or other regulations. Seller agrees to pay set up fee 0 and advertising fee up to 250 only if the proceeds to Seller are in excess of this amount.. THE AUCTIONEER SHALL: 1. Sell said property, using his professional skill, knowledge and experience to the best advantage of both parties in preparing and conducting the auction. 2. Keep accurate records of the sale and permit the Seller to examine same. Receive as compensation for conducting auction 25 per cent or see Addendums. A 10 per cent buyer's fee will be charged on all items sold.- 4. Clean, setup, handle checkout during and after the auction up to 1 days after the auction. 5. Arrange for electricians, refrigeration specialists, plumbers, etc. necessary for the removal of equipment. 6. Payment will be made to seller 14 business days after final pickup and payment date. THE SELLER SHALL: 1. Maintain and provide premises in which said property is located and furnish light, water, license, personal and public liability insurance, and building and property insurance. 2. Not sell, dispose of or otherwise withdraw from said auction any part of the said property or refuse to submit said property or any part thereof. 3. Not interfere, prevent or prohibit Auctioneer, in any manner, prior to or during the auction, from carrying out his duties, and obligation of this agreement. 4. In the event of breach of covenants contained herein, pay the auctioneer as liquidating damages all advertising and other expenses incurred, and a commission of ten percent of the value of said property. 5. Pay for electricians, refrigeration specialists, plumbers, etc. necessary for the removal of equipment. 6. Has the right to sell items, and list party(s) who may have a legal interest in items. Nothing herein contained shall be construed to or constitute the parties hereto as partners. Auctioneer shall not be responsible for enforcing the agreement of any buyer for property, by civil action or otherwise. Where property is sold but not delivered, as where a buyer refuses to pay for the property, Auctioneer may hold the property and wait for the Seller's instructions, the risk of loss of such property being borne entirely by Seller and being subject to reasonable charges for storage by Seller; or Auctioneer may cancel the sale and resell the property to a second buyer. Seller retains security interests until buyers check or charge clears the bank. Seller agrees to hold harmless and to indemnify the Auctioneer against any and all claims to any nature resulting from any breach of contract by Seller of any covenant, provision or agreement of this contract. Auctioneer agrees to hold harmless and to indemnify the Seller against any and all claims to any nature resulting from any breach of contract by Auctioneer of any covenant, provision or agreement of this contract. In the event that the goods at auction are fixtures, Seller agrees and covenants to be solely responsible to remove said fixtures for sale or in the alternative agrees to be solely responsible for any damage to any property as a result of the removal of the fixtures for sale under this contract. This agreement shall bind and insure to the benefit of the Parties hereto and there respective heirs, executors, administrators and assigns. Signed this of 2011 County: Seller: Seller: