TERMS & CONDITIONS OF SALE

BOARD OF COUNTY COMMISSIONERS
BROWARD COUNTY, FLORIDA

FLEET SERVICES DIVISION • MOSQUITO CONTROL

TIMED AUCTION OF SURPLUS AIRCRAFT November 2022

Note to All Bidders

• The Timed-Bid Auction will close on December 9, 2022 @ 3:00 P.M. (Eastern Standard Time).
• Following confirmation of the Top Bid Price by Broward County, notification will be made through the same email address that was used to register with Proxibid.
• Final payment must be made no later than 24 hours after being notified the Top Bid Price has been accepted by Broward County.
• The time for removal of the airplane from Broward County Mosquito Control’s Ramp is December 16, 2022 unless other arrangements are agreed to by Broward County.

Additional Information

• 1. An additional document has been added to the website entitled Annual Inspection that is dated July 17, 2021. This report was done by Avio Fix Pro, LLC at the request of Broward County Board of County Commissioners.
  Click to download Annual Inspection

• 2. The Airframe Logbook has not yet been located but there are (2) Power Plant logbooks that are available for inspection. An effort is being made to locate the Airframe Logbook, however, it might not be available before the time the auction closes. As set forth in the Terms & Conditions of Sale, the airplane is being offered in As-Is Condition.

• 3. Several Service Manuals for the airplane are available and will be included with the sale of the airplane. There are also receipts for parts and repairs made to the airplane that will also be included with the sale.

• 4. There are assorted parts for the airplane that are included with the sale.

• 5. Photographs of the various items have been published at www.natlauction.com.

• 6. Previews of the airplane, documents and parts are available on an appointment basis. Please contact George Richards (954) 658-5033 to schedule.

1. SCOPE:

• The Board of County Commissioners, Broward County, will conduct a public auction of a County-Owned Airplane which has been declared as surplus to the needs of Broward County.

2. AUCTION DATE:

• This auction will be a Timed Bid On-Line Auction. Bids will be received at www.natlauction.com and conducted on Proxibid.com.
• Registration for the auction will be through Proxibid.com and bidders will be required to comply with terms established by Proxibid.com.
• The auction is scheduled to open on Thursday, November 17, 2022 at 3:00 P.M. and end on Friday, December 9, 2022 3:00 P.M. For the purpose of this auction, all times are established as Eastern Standard Time.
• All top bid prices will be reported to The Board of County Commissioners, Broward County, Florida. Any bids received after the published closing time will not be accepted except those that fall under the conditions of Bid Extensions.
• Bid Extensions - In the event a bid or bids are made during the last two minutes of the auction, the ending time will be extended for an additional two minutes. Extensions will continue until no further bids are received. Bidders should be aware this is totally under the control of Proxibid and not the Auction Company.
• The Airplane included in this Timed-Bid Auction is offered Subject to the Confirmation of The Broward County Board of County Commissioners. In the event top bid prices are not confirmed by Broward County, it may be withdrawn and/or offered in a different auction. It is expected the Top Bidder and Back-Up Bidder (s) will be notified their bid has either been accepted or rejected no later than 48 hours from the time the auction closes.
• The Auctioneer reserves the right to establish the minimum opening bid price. Bid increments are established under the control of Proxibid. In the event bidders do not comply with the minimum amount stated, and bid(s) received that are less than those set forth will not be accepted.

3. AUCTION SITE:

• The Auction will be conducted by National Auction Company on the platform of Proxibid.com.

4. INSPECTION OF AIRPLANE:

• The Airplane being offered in this auction will be available for preview on an appointment basis. This airplane is located in a secured location at and entry is restricted by the rules of North Perry Airport.
• Prospective bidders desiring to preview the airplane should contact George Richards at National Auction Company at (954) 658-5033.
• The Auctioneer and his staff have provided information pertaining to the airplane being offered in this auction. This information has been gathered from sources believed to be correct but are not guaranteed.
• Photographs and descriptions are published on the Auctioneer’s website. An effort was made to start both engines and a video is available on the website of the Auctioneer. The video includes photographs of the cockpit including instruments and avionics. As shown in the video, the left engine started, however, the right engine would not start.
• Please be advised that even though there is a video illustrating the left engine running, it does not guarantee it will start and run at a later time.
• Information regarding engine and/or airframe hours was derived from sources believed to be correct but is not guaranteed.
• Specific questions or other information should be addressed to George Richards at (954) 658-5033. It is possible specific information requested may not be available.

5. COLLUSION:

• Collusion is defined as an agreement among competitive bidders to raise, fix or otherwise maintain the price at which goods or services are sold.
• Auctions are governed under the Sherman Act enacted in 1890. The Sherman Acts prohibits any agreement among competitors to fix prices, rig bids or engage in other anti-competitive activity.
• Violations of the Sherman Act may be considered to be a felony and punishable by fines established in the Act.
• Bidders planning to participate in this auction should be aware violations that come to the attention of National Auction Company will be reported to Broward County Board of County Commissioners for action they determine to be appropriate.

6. CONDITIONS OF SALE AND DELIVERY-TERMS AND INDEMNIFICATION:

• Broward County, as a casual seller, is selling an airplane at Public Auction, for cash, to the highest bidders. Announcements made by the Auctioneer will be made through the website and e-mailed to all registered bidders. Despite efforts to avoid withdrawal of any items from the auction list after being mailed or advertised, it is sometimes necessary. The Broward County Board of County Commissioners reserves the right to do so and reserves the right to accept or reject any/all bids.
• Buyer (s) shall at all times hereafter indemnify, hold harmless and, defend County, its officers, agents, servants, and employees from and against any and all causes of action, damages, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, causes or alleged to be caused by intentional or a negligent act of, or omission of, Buyer, its subcontractors, employees, agents, servants, or officers, or resulting from, or related to the subject matter of this Agreement including, without limitation, the removal of any property purchased by the Buyer from the County, the sale by Buyer of any such property to third parties, any defect in the operation or physical condition of any such property and any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damaged sustained by any person or property. In the event any lawsuit or other proceeding is brought against COUNTY by reason of any such claim, cause of action or demand, Buyer shall, upon written notice from COUNTY, resist and defend such lawsuit or proceeding by counsel satisfactory to the COUNTY or, at COUNTY’s option, pay for an attorney selected by County Attorney to defend COUNTY. To the extent considered necessary by the Contract Administrator and the County Attorney, any sums due Buyer under this Agreement may be retained by COUNTY until all COUNTY’s claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement.
• The airplane is specifically offered and sold “as is” and “where is.” The Broward County Board of County Commissioners makes no warranties or guarantees expressed or implied concerning the operation or condition of the airplane offered in this auction.
• Once the top bid price has been received and communicated to Broward County Personnel and confirmed, all sales are final and there will be no refunds or exchanges.
• All bidders taking part in this auction specifically agree to comply with all terms and provisions as listed above.

7. BUYER’S PREMIUM:

• A 7% Buyer’s Premium will be added to all top bid prices and included in the final purchase price.

8. NOTIFICATION TO TOP BIDDERS AND PAYMENTS:

• The Top Bidder (s) will be notified their bid has been confirmed with notification made through the same E-Mail address supplied at the time of Bidder Registration.
• Payment must be made by Bank-to-Bank Wire Transfer. This information will be supplied to the successful purchaser. The purchaser must include their name and bidder number to allow identification of incoming wires.
• Credit cards, debit cards and ZELLE or other similar payment systems are not acceptable forms of payment.
• Final payment must be made not later than 24 hours after notification the purchase price has been confirmed/approved by Broward County.
• All payments must be made in the name of the person or company who registered for the auction and were notified they are the top bidder. Purchaser invoices cannot be modified or changed to another name.

9. AIRCRAFT OWNERSHIP TRANSFER:

• The purchaser is responsible for transferring ownership using forms required by the FAA (OMB Control No.2120-0042). This transfer must be made prior to removal of the airplane from its current storage location. The Auctioneer must be able to confirm transfer of ownership has taken place before the purchaser will be permitted to take possession of the airplane.
• Registration fees that may be required by the FAA to transfer ownership are the sole responsibility of the purchaser.
• The Auctioneer will provide a Bill of Sale for the airplane once payment in full has been received.

10. SALES TAX:

• Any applicable Sales Tax will be paid by the purchaser and calculated on the full purchase price to include a 7% Buyer’s Premium.

11. DEFAULT:

• Purchasers who fail to complete the sale under the conditions set forth hereon, or agreed to by Broward County, deposits and/or payments made will be forfeited and the airplane will remain the property of Broward County. This provision includes failing to make payment in the time set forth in the Terms & Conditions of Sale.
• In the event a Top Bidder fails to make payment in full after being notified their bid has been confirmed/accepted, at the discretion of Broward County and/or the Auctioneer, the bidder’s name may be subject to removal from the electronic mailing list and may not be permitted to participate in future auctions. This information may be reported to Proxibid.

12. REMOVAL:

• The airplane must be moved from its present location after payment in full has been made and confirmation the Aircraft Bill of Sale has been duly recorded at the office of the FAA.
• Movement of the airplane will be coordinated through the Auctioneer and Broward County with any applicable approvals that may be required by North Perry Airport Security.
• The airplane can be towed from its present location to another facility at North Perry Airport. It is not known if the airplane can be flown using a Part 91 Ferry License and any expenses connected to obtaining such a License will be at the sole cost of the Purchaser.
• It is believed there are FAA licensed facilities at North Perry Airport capable of assisting purchasers with movement of the airplane and repairs that may be required. It is also believed there are hangars available at North Perry Airport purchasers can rent.
• Neither Broward County or National Auction Company is responsible for the airplane after the time final payment is made. The purchaser will be expected to make timely arrangements for removal of the airplane from the Broward County tarmac area.
• Purchasers will not be permitted to do mechanical work on Broward County premises that goes beyond removing the airplane and transporting it to another location at North Perry Airport.
• In the event the airplane has not been removed by December 2, 2022, purchasers may be charged a fee that equals $500.00 per day. This will be enforced at the discretion of Broward County.

13. BIDDER REGISTRATION:

• All bidders will be required to register with National Auction Company on the website of Proxibid.com. Each Bidder will be assigned a Bidder’s Number. The Bidder’s Number will be used, and that number will be recorded for the final sale. The auction will be conducted on Proxibid.com and their bidder registration requirements must be complied with.

14. DIRECTIONS:

• At the present time the airplane is located at North Perry Airport in a secured and restricted area. Access to the airplane will be by appointment only and coordinated through National Auction Company.
• FROM I-95 (Broward County): Exit at Hollywood/Pines Boulevard and continue west to University Drive. At the traffic light turn left and continue to the next traffic light and turn left. At the stop sign turn right and continue to the security gate for Broward County Mosquito Control.
• FROM Florida’s Turnpike (Broward County): Exit at Hollywood/Pines Boulevard and continue west to University Drive. At the traffic light turn left and continue to the next traffic light and turn left. At the stop sign turn right and continue to the security gate for Broward County Mosquito Control.

15. POINTS OF CONTACT:

• Contact Name: James Bailey
  Contact Number: 54-357-5450
  Contact Email: jbailey@broward.org
  
  
• Auctioneer: National Auction Company
  Contact Name: George Richards
  Contact Number: 954-658-5033
  Contact Email: grichards@natlauction.com
  
  
• National Auction Company
  Licensed Real Estate Brokers & Auctioneers
  AB640•AU899