HomeMy WebLinkAboutResolution 12-1995 RESOLUTION H0. 12-95
DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following
described property:
1 - 1989 Fiat-Allis FG-85 Motor Grader
WHEREAS, this property is no longer necessary or useful for City
purposes, and it is the desire of the City of Brookings to sell same
as surplus property;
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City
of Brookings, South Dakota, that this property be declared surplus
property according to SDCL Chapter 6-13.
BE IT FURTHER RESOLVED that the sale will be a public auction
held at the W. H. Lyon Fairgrounds in Sioux Falls, SD on March 29, 1995
at 10 AM C. S. T.
Passed and approved this 28th day of February, 1995.
�gR00e��� Mayor
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Finance Officer
HOTICE OF PUBLIC SALE
The City of Brookings will be selling the following equipment at
public auction:
One ( 1 > 1989 Fiat-Allis FG-85 Motor Grader
Sale to be held at the W. H. Lyon Fairgrounds in Sioux Falls, SD on
March 29, 1995 at 10:00 AM CST. For information pertaining to this
vehicle call the Street Department, 605-692-2016, or City Finance
Office, 605-692-6281,
CONTRACT BETWEEN
JIM PETERSON AND DON LARSON
AND
BROOKINGS COUNTY, CITY OF BROOKINGS,
CHARLES MIX COUNTY, CLAY COUNTY,
GRANT COUNTY AND KINGSBURY COUNTY
AND MOODY COUNTY
TERMS AND CONDITIONS
SECTION 1 . SCOPE OF AGREEMENT
JIM PETERSON and DON LARSON, hereinafter referred to as
"Auctioneers" agree to sell used surplus machinery and equipment
owned by BROOKINGS COUNTY, CITY OF BROOKINGS, CHARLES MIX COUNTY,
CLAY COUNTY, GRANT COUNTY AND RINGSBURY COUNTY, hereinafter
referred to as "Owners" , to the general public through oral
auction proceedings at the following time and location determined
by owners .
Location: W.H. Lyon Fairgrounds
Sioux Falls, South Dakota
Date: March 29, 1995
Time: 10 : 00 a.m. CST
SECTION 2 . NO EXCLUSIVE RIGHT TO SELL
It is hereby expressly understood by Auctioneers that this
Contract shall give the Auctioneers no exclusive right to sell any
or all surplus property for the Owners .
SECTION 3 . PARTICIPATION PROHIBITED
The Auctioneers and their employees and relatives are expressly
prohibited from participation in the auction and no sale shall be
in or for the Auctioneers ' or their employees ' and relatives '
benef it.
SECTION 4 . INSURANCE
The Auctioneers hereby warrant that they have general liability
insurance coverage, including products and contractual coverage
and that they carry workers compensation insurance for all of
their employees who will assist in the performance of this
Contract . Auctioneers agree to furnish Owners with satisfactory
evidence of such insurance upon request .
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SECTION 5 . PAYMENT TERMS
In consideration of the successful performance of the terms of
' this contract. Owners shall pay the Auctioneer an amount equal to
the sum of $2 , 500 . 00, plus 2� of the amount by which the sale
price of any item exceeds the guaranteed bid for such item. The
base sum of $2 , 500 . 00 shall be allocated among owners based upon
the number of items of equipment or machinery each Owner sells as
relates to the total number of items of equipment and machinery
sold. The 2� overage shall be paid by each Owner as regards to
each item of machinery or equipment exceeding the guaranteed bid
for such item.
SECTION 6 . ADVERTISING
It is hereby agreed and understood that it is the responsibility
of the Owners to do all the advertising for such sale.
SECTION 7 . SERVICES� STAFF AND MATERIAL SUPPLIED BY AUCTIONEER
Auctioneers shall provide a sufficient number of clerks and
cashiers to assist them with the sale. Auctioneers shall also
make the necessary arrangements, such as a shelter, for protection
from nature ' s elements for the clerks and cashiers at the sale
location.
The clerks and cashier shall receive, collect and account for all
money received at the sale and will provide Owners with an
accounting of the total gross receipts of the sale. It is
understood that any disputed sale arising after the sale of that
item, is the sole responsibility of the Auctioneers to collect and
any difference in the sale prices shall be at the expense of the
Auctioneers . Auctioneers shall issue each Owner a check under the
terms provided for in Section 5 of this Contact in settlement of
said sale on the day of said sale. Should Auctioneers not remit
the appropriate amount or should they violate any of the
provisions of this Contract, Owners may assess liquidated damages
in the amount of five percent of the amount of payment due the
Auctioneers pursuant to Section 5 of this Contract.
SECTION 8 . PROPERTY PROVIDED BY OWNERS
Owners shall provide the Auctioneers with an inventory of property
to be sold, in sufficient time so the Auctioneers may recommend
the most advantageous arrangements on the premises .
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SECTION 9 . INDEPENDENT CONTRACTOR
The Auctioneers and their agents, in performance of this Contract,
shall act in an independent capacity and not as officers,
employees or agents of the Owners .
SECTION 10 . CONTR.ACT NOT ASSIGNABLE
The Auctioneers shall not sublet or assign all or any part of the
services to be performed under this Contract without prior written
approval from Owners .
SECTION 11 . AUCTIONEER PROHIBITED FROM BINDING
The Auctioneers shall not and by this Contract have no authority
to incur any obligations for or on behalf of Owners .
SECTION 12 . COLLECTION OF SALE PROCEEDS
It is expressly understood that Auctioneers are solely responsible
for the collection of the gross receipts from the sale. Further,
that Auctioneers, and not Owners are responsible for the handling
of disputes or complaints regarding sale property. It is
understood by the parties hereto, that Owners position is that
Caveat Emptor is controlling and that all sales are final, but
that if Auctioneers so elect, they may negotiate on sales
previously made.
SECTION 13 . VERIFICATION OF SALES
In order to minimize disputes that might arise during the course
of the auction sale and to ensure the accuracy of the total gross
receipts of the sale, Auctioneers agree to electronically record
the proceedings of the sale or maintain a manual record of the
actual sales made at the time such sale is made, in order to
provide verification of such sale upon request .
SECTION 14 . RIGHT TO REFUSE OR WITHDRAW FROM SALE
Owners hereby expressly reserve the right to withdraw property
items prior to sale or to refuse to sell property items at the
sale.
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SECTION 15 . ALTERATION AND ORAL AGREEMENTS
No alteration or variation of the terms of this Contract shall be
valid unless made in writing and signed by the parties hereto. No
oral understanding or agreement not incorporated herein may be
binding on any of the parties hereto.
SECTION 16 . INDENINITY
The Auctioneers agree to indemnify, defend and save harmless the
Owners, their officers , agents and employees from any and all
claims and losses accruing or resulting to any and all
auctioneers, cashiers, laborers and any other paid person, firm or
corporation furnishing or supplying work, services, materials, or
supplies in connection with the performance of this Contract and
from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by the
Auctioneers in the performance of this Contract.
SECTION 17 . AMENDMENT
The timing for the performance of the tasks and items contained
herein, the contract payment, the date for completion of the
Contract as well as all other terms not specifically accepted may
only be altered by formal written amendment of this Contract.
SECTION 18 . WAIVER
No waiver of any breach of this Contract shall be held to be a
waiver of any other or subsequent breach. Al1 remedies afforded
in this Contract shall be taken and construed as cumulative, that
is, in addition to every other remedy provided therein or by law.
The failure of Owners to enforce at any time any of the provisions
of the Contract shall in no way construed to be a waiver of such
provisions nor in any way affect the validity of this Contract or
any part thereof or the right of the Owners to hereinafter enforce
each and every such provision.
SECTION 19 . TERMINATION
This Contract may be terminated by either party hereto upon thirty
(30 ) days written notice.
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SECTION 20 . PAYMENTS INCLUDE ALL TAXES
Payments to be made to the Auctioneers, as specified herein, shall
include all taxes of any description, federal, state and municipal
assessed against the Auctioneers by reason of this Contract.
Auctioneers hereby acknowledge that they may have a state and/or
city sales tax liability and therefore agree to obtain and hold a
sales tax license and hereby agree to comply with any all
applicable sales and use tax laws . Auctioneers further agree to
collect and remit any sales tax due and owing as a result of sales
made during the auction sale.
SECTION 21 . SOUTH DAKOTA LAW CONTROLLING
It is expressly understood and agreed that this Contract shall be
governed by the laws of the State of South Dakota, both as a
interpretation and performance. Unless as otherwise specified
herein, no document or communications passing between the parties
hereto shall be deemed a part of this Contract.
Dated this �� day of February, 1995 .
AUCTIONEERS : OWNERS:
` — BROOKINGS COUNTY:
Ji eterson
By .
° �— hairman, oard of County
Do Larson Commission
Attest:
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County Audito
CITY OF BROOKINGS
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COUNTY—CITY SURPLUS CONSTRUCTION EQUIPMENT
1 N DOOR AUCTION
WEDNESDAY, MARCH 29, 1995 �o:oo a.M . �c.s.T.�
SALE SITE: Expo Building, W.H. lyon Fairgrounds, SIOUX FALLS, S.D.
(Take Exit #79—Twelfth Street Exit on I-29, then east one block)
MOTORGRAD �RS and LOADERS
j/ 1989 Fiat FG85A Motorgrader with Falls Snow Wing—
S/N 78S1009, Cab, Air, Heater, Approx. 3,700 hrs.
� /g 1988 Caterpillar 140G Motorgrader—S/N 72V11012, Cab, Heat-
er, Approx. 6,000 hrs.
;,�� ` i� 1988 John Deere 770BH Motorgrader—S/N 518815, Cab, Air,
;; � ��,, Heater, Approx. 5,600 hrs.
� '�`' �'�r.
.�.. �1987 Caterpillar 140G Motorgrader—S/N 72V10963, Cab, Air,
= --�'-" �u.� `� Heater, Approx. 5.000 hrs.
� ' `���� ;<:�
��1987 Caterpillar 140G Motorgrader—S/N 72V10954, Cab, Air,
'" �- - Heater, Approx. 9,000 hrs.
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'-�, �� _ � � 1987 John Deere 7706H Motorgrader with Wing and Heinke V
. �, " � , �.�,.; "�� �,$ Plow—S/N 515196, Cab, Air, Heater, Approx. 6,800 hrs.
�'=�' `� - j� /7 987 John Deere 7706H Motorgrader—S/N 513271, Cab, Heat-
O1992 Caterpiliar 140G Motorgrader—S/N 72V15106, Cab, Air, er, Approx. 5.800 hrs.
�
Heater, Approx. 2,000 hrs. �1984 John Deere 770A Motorgrader—S/N 501122, Cab, Heater,
� 1992 Caterpillar 140G Motorgrader—S/N 72V15105, Cab, Air, Approx. 11,000 hrs.
Heater, Approx. 1,650 hrs. �?g77 Caterpillar 140G Motorgrader—S/N 72V2718, Cab, Heater,
2� 1992 Caterpillar 140G Motorgrader—S/N 72V15003, Cab, Air, Approx. 16,000 hrs.
Heater, Approx. 3.000 hrs. � �1g74 Caterpiilar130G Motorgrader—S/N 74V492, Cab, Heater,
j,� 1992 Champion 720A Motorgrader—S/N 22141, Cab, Air, Heat- Approx. 15,400 hrs.
er, Approx. 1,500 hrs.
r �� 1991 Caterpillar 140G Motorgrader—S/N 72V13871, Cab, Air, �1g�0 Galion 160L Motorgrad2r with Wing, Falis, and V Plow—
`— Heater, Approx. 4,300 hrs. S/N F002600, Cab, Heater, Approx. 15,460 hrs.
(�J 1991 Caterpillar 140G Motorgrader—S/N 72V13838, Cab, Air, � 1965 Caterpillar �12 Motorgrader with Wing— S/N 99E12320,
Heater, Approx. 5,500 hrs. Cab, Heater, Approx. 34,000 hrs.
�j� 1989 Caterpillar140G Motorgrader—S/N 72V12581, Cab, Air, �9 1974 Caterpillar 950 Loader—S/N 81J6619, Cab, Heater, Approx.
Heater, Approx. 3,150 hrs. 11,000 hrs.
Public Viewing: Expo Building will be open Tuesday, March 28, 1995, from 1:00 to 4:30 p.m. C.S.T. for viewing of
equipment. Commercial airlines and rental cars available at Sioux Falls Regional Airport. Lunch on grourids day of sale.
Sale Terms: Cash. Complete payment sale day by Cashier's Check or Certified Checks. Personal and Company
Checks must be accompanied by a Bank Letter of Credit. 4°�b sales tax will be collected on all equipment sold.
Sale Conditions: All makes, models, years and descriptions believed accurate but not guaranteed. All equipment
sold as is, where is. P.II equipment must be removed from the Expo Building day or sale. For sale bill or additional informa-
tion contact Jim Peterson, 605/692-7102 or pon Larson, 605/693-4210. Not responsible for accidents.
Brookings , Clay, Grant, Charles Mix, Moody, and Kingsbury
Counties and City of Brookings , S . D. , Owners
Auctioneers and Clerks:
JIM PETERSON DON LARSON
317 Fourth Street R.R. 3, Box 189
Brookings. S D 57006 Brookings SD 570C1F