SEALED BID AUCTION
OF THE
Assets of the Brewery and Tap Room
belonging to
LEGAL DRAFT BEER COMPANY
500 East Division Street, Arlington, TX 76011
Sealed Bid Form is under the Auction Information Section
Sealed Bids are Due Monday April 18, 2022 @ 12:00 Noon CST
GENERAL LISTING
2016 IDD Brewhouse includes Hot Liquor Tank Sn# 15HEB015; Mash Tank SN# 15HE1016, Kettle, Whirlpool, mash filter, control panel, includes (7) 60 BBL fermentation tanks and (3) 60 BBL brite tanks 4 – 2021 60 BBL Fermenting Tanks; 2 – 2016 15 BBL Fermenting Tanks; 3 – 2017 80 BBL Fermenting Tanks 2021 20BBl Brite Tank 2017 Andritz Separator – SN 132818430 2 – 2008 Cooler – 40 x 20 x 11 removable; Krack condensers Model Gl 86A-268-EB Abe CIP Cart with Blufton Motor Model 131470103 2015 - 40 station RSI Tap Room System 2020 Pentair Reverse Osmosis Tanks, Model XXTZ, 60 hygienic liquid processing tank, composite tank model CH 30948, SN# 34619500, and carbon filtration system 2016 Atlas Copco Compressor Model GX11FF, SN# CAI903414 2020 Alpha Control Panel 2019 IDD Grist Hopper Sasquatch Grist Mill with hopper UniCarriers Forklift; Model MCP1F1A15LV, 4750 lb lift, 3F 475 mast; side shift 2017/2020 Craft Can Dual Canning Line, video jet inkjet printer; and Pak Tech can carrier 2015 Premier Stainless Keg Washer, KW-SA-3V-CS-230-3P, Serial # 16K046, 3 station 2016 G & D chiller, Model GD-70H-2C, Serial # 010716-8210 2016 Superior Boiler Works Boiler, Model A-X-205, Serial # 18149 2016 Schult/Bushnell Silo, Model HP-60, Serial # 9396, 34.9-ton capacity 6 Vizio wall-mounted televisions, 60” Micromatic Glycol Power Pack, Model MMPP4303-PKG, Serial # B163860 4 – Draft Beer Tower with 10 heads VanGuard Microscope, Model 1200CM-BP, Serial # 16632 2020 D. O. Meter 2016 Misc Brewery Tools and Supplies, GW Parts for Brew System, and other brewery equipment ie. Pumps, attachments, fittings, valves Other Support, Ancillary Equipment, Furniture, and Fixtures Disclaimer: Bidders are encouraged to view equipment. Information has been provided by a third-party source. Leased items such as software or kegs are not included. |
Contact:
Taylor Auction & Realty, Inc. 1.662.226.2080
Texas Auction & Realty 1.817.304.1052
SEALED BID FORM IN DOCUMENTS SECTION.
Your interest is appreciated regarding the SEALED BID AUCTION relating to the attached list of brewery assets and related equipment belonging to Legal Draft Beer Company in Arlington, TX 76011
Due Date & Time for Sealed Bids: Sealed bids may be sent starting April 8, 2022 and continue until the receipt deadline of April 18 at 12 noon. At exactly 12:01 pm, bid opening will begin.
Bid Amount: Click here to enter text. + 8.25% Sales Tax
SALES TAX: Sales tax will be collected at the appropriate above sales tax rate unless you have sent in a valid and applicable Texas Resale Exemption form. You may fax your form to (817) 594-0585.
Example only: $400,000.00 bid amount. The total invoice would be $403,300.00
Location of Items: 500 East Division Street, Arlington, TX 76011
Anyone submitting a bid acknowledges they are making a legal and binding offer to purchase the subject property and agree to be bound by the terms and conditions. All bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby they personally guarantee payment Inc. and completion of the transaction.
Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. and Texas Auction & Realty, will reject the registration.
TERMS & CONDITIONS:
Taylor Auction & Realty, Inc. and Texas Auction & Realty are working in conjunction to offer Legal Draft Beer Company assets for the Seller. Taylor Auction & Realty, Inc and Texas Auction & Realty will be referenced in this sealed bid form herein as Auctioneers.
BIDDER PARTICIPATION: The bidder agrees to participate and be bound by the terms and conditions by submission of the sealed bid. Your sealed bid creates a legally binding contract between all parties, you, the seller, and the Auctioneers.
Sealed bids must be submitted on the SEALED BID FORM located in the Documents Section. The initial offer by sealed bid may be submitted in a sealed envelope and delivered by U. S. Mail, Overnight Express Mail, or Hand-Delivered at either Auctioneers’ place of business. Also, sealed Bids may be emailed or faxed as well.
Taylor Auction & Realty, Inc. 15488 Hwy 51 N, Grenada, MS 38901 [email protected]
FAX: 662.227.1653
Texas Auction & Realty, 121 Greenwood Cutoff Road, Weatherford, TX 76088 [email protected]
Fax: 817.594.0585
The bidder’s sole responsibility is to ensure that their SEALED BID FORM is received by Taylor Auction & Realty, Inc. or Texas Auction & Realty before April 18, 2022, at NOON. No liability will attach to the Seller, Auctioneers, or any other party for failure to receive or open any initial offer. An initial offer that fails to meet the above deadline and submission requirements or is nonconforming may not be considered. The initial offer shall set forth the price at which the bidder commits to purchase the property subject to the general terms and conditions of the sealed bid auction.
No verbal bids will be accepted.
ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN, OR IMPLIED, and ALL SALES ARE FINAL: Auctioneers have put forth every effort in preparing the sealed bid form by information provided from the seller or third-party sources. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall the auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidder agrees that everything is sold as-is.
PROPERTY INSPECTION: BY APPOINTMENT. Contact Ross Bandy at [email protected] or 1.817.304.1052
While conducting an inspection of the property, the bidders shall not damage the property. Each bidder agrees to indemnify and hold the Seller and Auctioneers harmless from and against any losses, costs, damages, liens, claims, liabilities, or expenses (including, but not limited to, reasonable attorneys fees) incurred by the Seller arising from or by reason of bidders access to, or inspection of the property. All bidders are expected to undertake their independent physical examination of the assets and to submit their bids based solely on their independent investigations and findings and not in reliance on any information provided by the Seller, Auctioneers, or their agents. Bidders should use the information provided herein and on the Property website only as an aid to assist their investigation of the property before submitting any bid.
REVIEW of SEALED BIDS: All sealed bids will be opened and reviewed by Auctioneers and Sellers. Auctioneers and the Seller reserve the right to sell to the highest acceptable bidder or reject all bids if they do not meet our expectations.
Best and Final Offer Round: If no acceptable offers have been made, the corresponding bidders will be notified to submit their best and final offer. In the event of a tied bid, Auctioneers will ask the tied bidders to submit a last and best offer to break the tie bid. Taylor Auction will conduct the best and final offer round via telephone and email. The Seller reserves the right to decide which bidders are allowed to bid at the Best and Final Offer Round and further reserves the right to NOT offer the Property at the Best and Final Offer Round if it so chooses. We reserve the right to accept or reject any bid/offer or to waive any technicalities and defects in this SEALED BID FORM.
AWARD OF CONTRACT: After the sealed bid process, Auctioneers and Seller may award the property sale to the accepted bidder. At an acceptable offer, the Seller and Purchaser will immediately enter into a Purchase Agreement, and the Purchaser will receive an invoice. The Purchaser shall have 24 hours after receiving the Purchase Invoice to execute and return the signed Purchase Agreement/ invoice with no contingencies and wire the funds to Taylor Auction & Realty, Inc. Escrow Wiring Account.
REMOVAL: Successful Purchaser has to engage a licensed and insured rigger that the seller approves; the buyer shall be responsible for the rigging and removing the assets at their own expense. Additionally, the buyer shall provide a certificate of insurance naming Lessor, Seller, and Auctioneers as additional parties insured.
The equipment is on leased premises, and arrangements must be made with the Lessor.
Items become the full responsibility of the Buyer upon the completion of payment, and the Buyer assumes all risk of loss and damage to the property until it is removed from the premises. Removal of purchased items shall be at the buyer’s expense, liability, and risk. Arrangements regarding removal must be detailed to Auctioneers after receipt of invoice and payment received. Any damages, accidents, and other liabilities incurred in the disassembly and removal will have to be cured by the purchaser. REMOVAL TIMELINE: Items must be removed by May 10, 2022
DEFAULT OF BUYER: Successful purchaser not paying at the end of the auction will be considered in default. Such default by the Successful purchaser will result in that Purchaser’s liability to both the Seller and Auctioneers. Seller shall have the right to (a) declare this contractual agreement canceled and recover total damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance, or (c) Seller can resell the items either publicly or privately with Auctioneers and in such an event, the Purchaser shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Auctioneers. In addition, Auctioneers also reserve the right to recover any damages separately from the Purchaser’s breach. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Auctioneers to collect funds.
General: All oral statements or representations are merged into this agreement. Any reference to the plural shall include the singular where applicable, without. The contract shall be governed and construed per the law of the State of Arkansas without regard to the conflicts of laws and principles thereof. The parties agree that any action or proceeding relating in any way to this Agreement may be brought and enforced in the state courts located in Faulkner County, State of Arkansas. Each irrevocably submits to the jurisdiction of such court and waives any objection to the laying of venue in such court or any claim that such court is an inconvenient forum. This agreement may be executed in the original or by telecopy in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute the same instrument. If any term or other provision of this agreement, or any portion thereof, is invalid, illegal, or incapable of being enforced by any rule of law or public policy. In that case, all other terms and provisions of this agreement, or the remaining portion thereof, shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated now is not affected in any manner materially adverse to any party.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in the advertising and all related materials is subject to the terms and conditions outlined in this agreement and the general terms and conditions of sealed-bid auction reference made a part hereof. The Property is being sold on an “AS IS, WHERE IS” and WITH ALL FAULTS. Neither the Seller, Auctioneers, nor any of their agents, attorneys, officers, or directors make any warranty or representation, either express or implied, concerning the property, including, but not limited to fitness for a particular purpose, merchantability, or physical condition.
HOLD HARMLESS: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Auctioneers and its Agents, Owner, Directors, Employees, and its Representatives from any claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of the said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies, and or any servant, agent, or employee of the same by bidder’s participation in this auction. The bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
I also understand that Taylor Auction & Realty, Inc. and Texas Auction & Realty are exclusively representing the Seller in selling this property.
By signing this bid form, you agree to follow the terms set forth within this contract.
Reasonable Accommodation: Auctioneers, as employers and professional service organizations, have no intention to discriminate based on disability or another legally prohibited basis. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made regarding hiring employees or assisting clients or customers regarding our services unless the accommodation will impose an undue hardship.
Requests for reasonable accommodations should be directed to Ruthie Taylor at [email protected].
By bidding on any item, the bidder shows acceptance of the auction terms.
Benny Taylor Ross Bandy
Taylor Auction & Realty, Inc. Texas Auction & Realty
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes.
Your interest is appreciated regarding the SEALED BID AUCTION relating to the attached list of brewery assets and related equipment belonging to Legal Draft Beer Company in Arlington, TX 76011
Due Date & Time for Sealed Bids: Sealed bids may be sent starting April 8, 2022 and continue until the receipt deadline of April 18 at 12 noon. At exactly 12:01 pm, bid opening will begin.
Bid Amount: Click here to enter text. + 8.25% Sales Tax
SALES TAX: Sales tax will be collected at the appropriate above sales tax rate unless you have sent in a valid and applicable Texas Resale Exemption form. You may fax your form to (817) 594-0585.
Example only: $400,000.00 bid amount. The total invoice would be $403,300.00
Location of Items: 500 East Division Street, Arlington, TX 76011
Anyone submitting a bid acknowledges they are making a legal and binding offer to purchase the subject property and agree to be bound by the terms and conditions. All bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby they personally guarantee payment Inc. and completion of the transaction.
Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. and Texas Auction & Realty, will reject the registration.
TERMS & CONDITIONS:
Taylor Auction & Realty, Inc. and Texas Auction & Realty are working in conjunction to offer Legal Draft Beer Company assets for the Seller. Taylor Auction & Realty, Inc and Texas Auction & Realty will be referenced in this sealed bid form herein as Auctioneers.
BIDDER PARTICIPATION: The bidder agrees to participate and be bound by the terms and conditions by submission of the sealed bid. Your sealed bid creates a legally binding contract between all parties, you, the seller, and the Auctioneers.
Sealed bids must be submitted on the SEALED BID FORM located in the Documents Section. The initial offer by sealed bid may be submitted in a sealed envelope and delivered by U. S. Mail, Overnight Express Mail, or Hand-Delivered at either Auctioneers’ place of business. Also, sealed Bids may be emailed or faxed as well.
Taylor Auction & Realty, Inc. 15488 Hwy 51 N, Grenada, MS 38901 [email protected]
FAX: 662.227.1653
Texas Auction & Realty, 121 Greenwood Cutoff Road, Weatherford, TX 76088 [email protected]
Fax: 817.594.0585
The bidder’s sole responsibility is to ensure that their SEALED BID FORM is received by Taylor Auction & Realty, Inc. or Texas Auction & Realty before April 18, 2022, at NOON. No liability will attach to the Seller, Auctioneers, or any other party for failure to receive or open any initial offer. An initial offer that fails to meet the above deadline and submission requirements or is nonconforming may not be considered. The initial offer shall set forth the price at which the bidder commits to purchase the property subject to the general terms and conditions of the sealed bid auction.
No verbal bids will be accepted.
ALL PROPERTY IS SOLD AS IS WHERE IS WITH NO WARRANTY, EXPRESSED, WRITTEN, OR IMPLIED, and ALL SALES ARE FINAL: Auctioneers have put forth every effort in preparing the sealed bid form by information provided from the seller or third-party sources. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall the auctioneer be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidder agrees that everything is sold as-is.
PROPERTY INSPECTION: BY APPOINTMENT. Contact Ross Bandy at [email protected] or 1.817.304.1052
While conducting an inspection of the property, the bidders shall not damage the property. Each bidder agrees to indemnify and hold the Seller and Auctioneers harmless from and against any losses, costs, damages, liens, claims, liabilities, or expenses (including, but not limited to, reasonable attorneys fees) incurred by the Seller arising from or by reason of bidders access to, or inspection of the property. All bidders are expected to undertake their independent physical examination of the assets and to submit their bids based solely on their independent investigations and findings and not in reliance on any information provided by the Seller, Auctioneers, or their agents. Bidders should use the information provided herein and on the Property website only as an aid to assist their investigation of the property before submitting any bid.
REVIEW of SEALED BIDS: All sealed bids will be opened and reviewed by Auctioneers and Sellers. Auctioneers and the Seller reserve the right to sell to the highest acceptable bidder or reject all bids if they do not meet our expectations.
Best and Final Offer Round: If no acceptable offers have been made, the corresponding bidders will be notified to submit their best and final offer. In the event of a tied bid, Auctioneers will ask the tied bidders to submit a last and best offer to break the tie bid. Taylor Auction will conduct the best and final offer round via telephone and email. The Seller reserves the right to decide which bidders are allowed to bid at the Best and Final Offer Round and further reserves the right to NOT offer the Property at the Best and Final Offer Round if it so chooses. We reserve the right to accept or reject any bid/offer or to waive any technicalities and defects in this SEALED BID FORM.
AWARD OF CONTRACT: After the sealed bid process, Auctioneers and Seller may award the property sale to the accepted bidder. At an acceptable offer, the Seller and Purchaser will immediately enter into a Purchase Agreement, and the Purchaser will receive an invoice. The Purchaser shall have 24 hours after receiving the Purchase Invoice to execute and return the signed Purchase Agreement/ invoice with no contingencies and wire the funds to Taylor Auction & Realty, Inc. Escrow Wiring Account.
REMOVAL: Successful Purchaser has to engage a licensed and insured rigger that the seller approves; the buyer shall be responsible for the rigging and removing the assets at their own expense. Additionally, the buyer shall provide a certificate of insurance naming Lessor, Seller, and Auctioneers as additional parties insured.
The equipment is on leased premises, and arrangements must be made with the Lessor.
Items become the full responsibility of the Buyer upon the completion of payment, and the Buyer assumes all risk of loss and damage to the property until it is removed from the premises. Removal of purchased items shall be at the buyer’s expense, liability, and risk. Arrangements regarding removal must be detailed to Auctioneers after receipt of invoice and payment received. Any damages, accidents, and other liabilities incurred in the disassembly and removal will have to be cured by the purchaser. REMOVAL TIMELINE: Items must be removed by May 10, 2022
DEFAULT OF BUYER: Successful purchaser not paying at the end of the auction will be considered in default. Such default by the Successful purchaser will result in that Purchaser’s liability to both the Seller and Auctioneers. Seller shall have the right to (a) declare this contractual agreement canceled and recover total damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance, or (c) Seller can resell the items either publicly or privately with Auctioneers and in such an event, the Purchaser shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding/transporting/storage costs of the items, the expenses of both sales, legal and incidental damages of both the Seller and Auctioneers. In addition, Auctioneers also reserve the right to recover any damages separately from the Purchaser’s breach. The purchaser agrees to pay all reasonable attorney fees and costs incurred by Auctioneers to collect funds.
General: All oral statements or representations are merged into this agreement. Any reference to the plural shall include the singular where applicable, without. The contract shall be governed and construed per the law of the State of Arkansas without regard to the conflicts of laws and principles thereof. The parties agree that any action or proceeding relating in any way to this Agreement may be brought and enforced in the state courts located in Faulkner County, State of Arkansas. Each irrevocably submits to the jurisdiction of such court and waives any objection to the laying of venue in such court or any claim that such court is an inconvenient forum. This agreement may be executed in the original or by telecopy in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute the same instrument. If any term or other provision of this agreement, or any portion thereof, is invalid, illegal, or incapable of being enforced by any rule of law or public policy. In that case, all other terms and provisions of this agreement, or the remaining portion thereof, shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated now is not affected in any manner materially adverse to any party.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in the advertising and all related materials is subject to the terms and conditions outlined in this agreement and the general terms and conditions of sealed-bid auction reference made a part hereof. The Property is being sold on an “AS IS, WHERE IS” and WITH ALL FAULTS. Neither the Seller, Auctioneers, nor any of their agents, attorneys, officers, or directors make any warranty or representation, either express or implied, concerning the property, including, but not limited to fitness for a particular purpose, merchantability, or physical condition.
HOLD HARMLESS: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Auctioneers and its Agents, Owner, Directors, Employees, and its Representatives from any claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of the said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor, or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies, and or any servant, agent, or employee of the same by bidder’s participation in this auction. The bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
I also understand that Taylor Auction & Realty, Inc. and Texas Auction & Realty are exclusively representing the Seller in selling this property.
By signing this bid form, you agree to follow the terms set forth within this contract.
Reasonable Accommodation: Auctioneers, as employers and professional service organizations, have no intention to discriminate based on disability or another legally prohibited basis. We are an affirmative action, equal opportunity employer and service provider. Our decisions are made without regard to race, color, religion, sex, disability, sexual orientation, gender identity, national origin, veteran status, or genetic information. Accommodations are made regarding hiring employees or assisting clients or customers regarding our services unless the accommodation will impose an undue hardship.
Requests for reasonable accommodations should be directed to Ruthie Taylor at [email protected].
By bidding on any item, the bidder shows acceptance of the auction terms.
Benny Taylor Ross Bandy
Taylor Auction & Realty, Inc. Texas Auction & Realty
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes.