2007-044 RES-Declaring certain personal property surplus; approving an auctioneer service agreement;

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AUCTIONEER SERVICE AGREEMENT This agreement is entered into by CLC AUCTION SERVICES, hereinafter referred to as Auctioneer, of Paris, Texas, and the CITY OF PARIS, TEXAS, hereinafter referred to as Owner, under the following terms and conditions: 1. Auctioneer agrees to conduct a public auction sale or to otherwise sell the property described in Exhibit A, attached hereto, belonging to Owner. The auction sale to be conducted at 7915 Hwy 82 East, Blossom, Texas, beginning on the 12th day of May, 2007. Owner agrees to turn over and deliver to Auctioneer the listed items. 2. Owner will furnish Inventory (Exhibit A) attached to this contract. 3. Auctioneer agrees to prepare all advertising material and publicity necessary to properly advertise and promote the attendance of buyers at no cost to Owner. Auctioneer agrees to perform all services and conduct the auction in compliance with Auctioneer's Proposal for Services presented to Lamar County, a copy of which is appended hereto as Exhibit B and incorporated herein for all purposes. 4. All items will sell without reserves to the highest bidder with the exception of items specified in writing to be protected. No item shall be sold or withdrawn from sale prior to auction except by mutual agreement of the parties. Owner agrees that all items are free of liens and has a clear title to all items requiring a title. 5. Owner agrees to pay Auctioneer for the services rendered by Auctioneer a commission of ten percent (10%) of the total income from all sales of Owner's property made at public auction. 6. This agreement shall be binding upon the parties for aperiod offorty-five (45) days after the execution hereof. Executed this 9th day of April, 2007. ATTEST: By: By: Richard Manning, Mayor Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney CITY OF PARIS, TEXAS CLC AUCTION SERVICES Lee Cannedy EXHIBIT..