ST. CLOUD TECHNICAL & COMMUNITY COLLEGE
Carpentry Project Tiny House Public Auction and Sale Procedures
A public auction will be held at the St. Cloud Home and Garden Show, River’s Edge Convention Center, St. Cloud, MN at the St. Cloud Technical & Community College Tiny House booth. The public auction will begin at 2 p.m. on Sunday, March 13, 2016 to auction off the St. Cloud Technical & Community College Carpentry Tiny House project.
Black Diamond Auctions, a licensed auctioneer whose address is 8160 Cty. Rd. 138, St. Cloud, MN 56301, and whose license number is 73-05-03 will be the auctioneer for the public auction. Information regarding the Home Show, the auction and the Tiny House can be found at:
The minimum bid will not be less than $32,000. All bidders will have the opportunity to raise the minimum bid.
The successful bidder must submit, at the time of the bid opening, a certified check or cashier’s check in the amount of $500 payable to the college.
On or before 5:00 p.m. on Monday, March 14, 2016, the successful bidder must (a) sign a Bill of Sale acceptable to the College; and (b) submit a certified check or cashier’s check payable to the college in the amount of 20% of the bid price accepted by the College, less the $500 opening bid amount. The balance of the bid price and Minnesota state sales tax must be paid in full on or before 1:00 p.m. on Friday, March 18, 2016. The buyer will complete title transfer before removing the Tiny House from the College property.
The house shall be transferred to the successful bidder AS-IS, WITHOUT ANY WARRANTIES, in accordance with the terms of the Bill of Sale signed by the successful bidder and accepted by the College. The College shall not provide any additional services, labor or materials relating to the house, such as light fixtures, carpet, or other materials or appliances. Any such additional services, labor, or materials shall be responsibility of the successful bidder and may be added to the Tiny House after the transfer only.
Interested parties may review a draft of the Bill of Sale prior to the auction at St. Cloud Technical & Community College, 1540 Northway Drive, St. Cloud, MN 56303, Business Office, during regular business hours. The College shall have the right to modify the bidding procedures, change the date or time of the opening of the bids, reject any or all bids, waive any irregularities in the bidding procedures, and/or cancel the sale and sell by other means. The College may also make such changes to the final form of the purchase agreement as may be acceptable to the College.
THIS PURCHASE AGREEMENT (“Agreement”) is made as of ________________, _______ between the STATE OF MINNESOTA, by and through the Board of Trustees of the Minnesota State Colleges and Universities, on behalf of St. Cloud Technical & Community College (“Seller”), and _____________________________ (whether one or more, “Buyer”).
- Seller offered the Property (as defined in Section 1 below), for sale to the public on a public auction, subject to the terms of this Agreement, on Sunday, March 13, 2016.
- Buyer was the highest bidder at said sale.
In consideration of this Agreement, Seller and Buyer agree as follows:
- Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, that Tiny House constructed by Seller located on the campus of St. Cloud Technical & Community College, as more particularly identified on the Tiny House Specifications attached hereto as Exhibit A (the “Personal Property”).
- Purchase Price and Manner of Payment. The total purchase price (“Purchase Price”) to be paid for the Property shall be the amount of $_____________. The Purchase Price shall be payable as follows:
2.1 $___________(20% of bid price accepted by the College less the $500 opening bid amount) as earnest money (“Earnest Money”), which shall be held by Seller in accordance with this Agreement;
2.2 $_____________ in a certified check or cashier’s check on the Closing Date (as defined in Section 3 below).
In addition to paying the Purchase Price, Buyer shall also pay to Seller, included in the certified check or cashier’s check on the Closing Date, sales tax in connection with the purchase of the Property in the amount of $______________ (“Sales Tax”).
- The Closing; Inspection. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on or before 1:00 p.m. on Friday, March 18, 2016 (the “Closing Date”). The Closing shall take place at ____ a.m./p.m. local time at the St. Cloud Technical & Community College campus located at 1540 Northway Drive, St. Cloud, MN 56303. On or before the Closing Date, but prior to the removal of the Property, Buyer and Seller shall inspect the Property to confirm that it has been completed in accordance with the House Specifications attached hereto as Exhibit A. Buyer must also provide proof of title transfer prior to removing the Tiny House from College property.
- Closing Documents; Removal of House. On the Closing Date and upon Seller’s receipt of the total amount of the Purchase Price and Sales Tax in accordance with Section 2 of this Agreement, and upon proof of Buyer’s transfer of title, Seller shall (a) execute and deliver to Buyer a Quit Claim Bill of Sale conveying the Property to Buyer in the form of Exhibit B attached hereto and made a part hereof, and (b) deliver possession of the Property to Buyer. Buyer, at Buyer’s expense and in accordance with all applicable laws, shall remove the Property from the St. Cloud Technical & Community College campus on the Closing Date. Buyer shall bear the risk of any loss or damage to the Property from and after Seller’s delivery of the Property to Buyer, including without limitation any loss or damage resulting from the removal of the Property. Buyer shall indemnify and hold Seller harmless from and against all costs and liabilities of any nature whatsoever relating to the activities of Buyer and Buyer’s agents in connection with the removal of the Property, including without limitation all costs and liabilities relating to damage to any real or personal property.
- Casualty Before Closing Date. If loss or damage to the Property occurs before the Closing Date, for any reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the Property is destroyed or substantially damaged (i.e., if the cost of repair exceeds $5,000) before the Closing Date, this Agreement shall become null and void at Seller or Buyer’s option, which shall be exercised by giving written notice to the other on or before the Closing Date. If either Seller or Buyer exercises the option to void this Agreement in accordance with this Section 5, the parties shall sign a Cancellation of Purchase Agreement in form and content acceptable to Seller, or such other instrument reasonably requested by Seller, and the Earnest Money shall be refunded to Buyer. If any portion of the Property is damaged before the Closing Date and the cost of repair is $5,000 or less, Seller shall repair the Property within a reasonable period of time.
- Sale AS-IS; Advice of Attorney. BUYER UNDERSTANDS THAT BUYER IS PURCHASING THE PROPERTY ON AN “AS-IS” PHYSICAL BASIS, WITHOUT REPRESENTATION OR WARRANTY WITH REGARD TO PHYSICAL CONDITION, INCLUDING ANY LATENT OR PATENT DEFECTS, QUALITY OF CONSTRUCTION, WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PURPOSE. BEFORE SIGNING THIS AGREEMENT, BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS HAD THE OPPORTUNITY TO RECEIVE THE ADVICE OF AN ATTORNEY SELECTED BY BUYER, AND HAS NOT RELIED UPON SELLER OR ANY OF ITS OFFICERS, EMPLOYEES, REPRESENTATIVES OR AGENTS CONCERNING ANY ASPECT OF ANY MATTER COVERED BY THIS AGREEMENT.
- Notices. Any notice required or permitted under this Agreement shall be in writing and given by personal delivery upon an authorized representative of a party hereto; or if mailed, in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, properly addressed as follows:
If to Seller: ___St. Cloud Technical & Community College_____
____Attn: Vice President Lori Kloos ____________
____1540 Northway Drive, ____________________
____St. Cloud, MN 5630_______________________
If to Buyer: ______________________________
Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run two (2) Business Days after any such deposit. Any party may change its address for the service of notice by giving notice of such change ten (10) days prior to the effective date of such change.
- Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Buyer may not assign its rights under this Agreement to any other person or entity without Seller’s prior written approval.
- Miscellaneous. Time is of the essence. The section headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. This Agreement, together with the exhibits attached hereto, and together with any addendum attached hereto, constitutes the entire agreement between the parties, and no other agreements prior to this agreement or contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. This Agreement may not be amended or modified except by a written agreement signed by Buyer and authorized representatives of Seller. This Agreement shall be interpreted and governed by the laws of the State of Minnesota.
- Remedies. If Buyer defaults under this Agreement, Seller shall have the right either to (a) terminate this Agreement, by giving written notice to Buyer, and retain the Earnest Money as liquidated damages, or (b) seek specific performance of the Agreement by Buyer. If Seller defaults under this Agreement, Buyer shall have no right to seek damages from Seller for loss of Buyer’s bargain in failing to acquire the Property, but Buyer shall have the right either to (i) recover as damages from Seller all reasonable out-of-pocket costs and fees incurred by Buyer in negotiating this Agreement, obtaining financing and other similar activities in connection with this Agreement, or (ii) seek specific performance of the Agreement by Seller. Any action for specific performance of this Agreement brought by either Seller or Buyer must be commenced within thirty (30) days of the date that the nondefaulting party obtains actual knowledge of the default.
IN WITNESS WHEREOF, Seller and Buyer have executed and delivered this Agreement intending to be bound thereby.
STATE OF MINNESOTA:
Board of Trustees of
the Minnesota State Colleges and Universities
Exhibit A: House Specifications
Exhibit B: Quit Claim Bill of Sale
AG:2111032, v. .1
[Attach House Specifications]
- 24’ long, 8’6”wide, 13’3” tall
- 2 bedrooms – 1 on main level and 1 in upper loft accessed by stairs.
- Heavy Duty Trailer- 18,000 lb Axle
- 2X4 Construction
- Spray Foam- Floor-Walls-Ceiling- 3” = R-21
- Cedar Siding- Sikken Stain Applied
- Cedar Trim- Sikken Stained
- Metal Roof
- Thermo Tech Windows- Awning Style
- Fiber Glass Front Door- Stained & Finished
- Pine Tongue & Grooved Walls and Ceiling- Finished Clear Coat
- Loft Floor ¾” Tongue & Grooved- Finished
- Bath- Shower Marble Base & Walls Central Marble Sink – Countertop
- Ladder- Walnut Wood with Clear Finish
- Cabinets- Walnut Wood with Clear Finish
- Plastic Laminate Countertops
- Butcher Block Top on Rolling Cart- Food Safe Mineral Oil Applies
- Hickory Flooring- Engineered
- Cedar Front Deck & Steps with Sikken Stain Applied
- Aluminum Framing at Steps
- 50 amp main breaker panel
- All electrical circuits have arc-fault protection
- 120 volt smoke/carbon monoxide detector
- 12 volt DC explosive gas detector
- All lights are LED
- 110 CFM fan w/ Bluetooth speakers
- 50 CFM bath fan
- 32″ ceiling fan w/ remote control
- 110 volt 2 burner built in cooktop
- 110 volt 4.4cu foot refrigerator
- 110 volt floor heat in bathroom
- Programmable t-stat for floor heat
- 12 volt Wall thermostat for forced air furnace
- 12 volt 25″ slim-line monitor
- Break-away / Electric breaks on all wheels
- All LED trailer lights
- 120 volt outside GFCI receptacle
- 7 wire round trailer plug
- 120/240 v. 4 wire 50 male receptacle; for main power cord (not included)
- Suburban Forced air propane furnace 20,000 BTUs
- Suburban 10 gallon water heater propane or electric
- Copper under mount Lavatory sink
- Pfister Ashfield bronze channel faucet
- Delta venetian bronze shower valve
- Elkay 20 x 20 kitchen sink
- American standard colony soft stainless faucet with pull out sprayer
- Natures head composting toilet
QUIT CLAIM BILL OF SALE
FOR VALUABLE CONSIDERATION, the STATE OF MINNESOTA, by and through the Board of Trustees of the Minnesota State Colleges and Universities, on behalf of St. Cloud Technical & Community College (“Seller”), hereby conveys and quitclaims to _______________________________________________ (whether one or more, “Buyer”), that certain tiny house constructed by Seller located on the campus of the St. Cloud Technical & Community College, as more particularly identified on the House Specifications attached hereto as Exhibit A. This Conveyance is being made on an “AS‑IS” PHYSICAL BASIS, WITHOUT REPRESENTATION OR WARRANTY WITH REGARD TO PHYSICAL CONDITION, INCLUDING ANY LATENT OR PATENT DEFECTS, QUALITY OF CONSTRUCTION, WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PURPOSE. This Quit Claim Bill of Sale shall bind Seller and benefit Buyer and their respective successors and assigns.
IN WITNESS WHEREOF, Seller has caused this Quit Claim Bill of Sale to be executed and delivered as of this ______ day of __________________________, _______.
STATE OF MINNESOTA
Board of Trustees of the Minnesota State Colleges and Universities