*The following agreement is required for bidding in the Martin County Tax Sale. You submit the agreement following registration and must be done through the tax sale web site. The following form is for information only and cannot be sent to the tax office.
SAMPLE PARTICIPATING BIDDER AGREEMENT
I, _______________________(name of person or individual), am the ___________________ (title), of________________________________ (legal name of bidding entity), the entity which has registered to participate in the Martin County tax certificate sale ("Bidding Entity") and I hereby represent and warrant that on this date, I have the power and authority to bind the Bidding Entity and I have the necessary personal knowledge to make the following warranties and representations:
a. * The Bidding Entity is a ______________________________(type of legal entity e.g. sole proprietor, partnership, corporation, nonprofit, estate, etc.);
b. * The Bidding Entity is domiciled in the state of _______________.(indicate the state where the Bidding Entity has been formally created);
c. * The principle office in Florida of the Bidding Entity is _______________________________________________________________________________________;
d. * If the Bidding Entity is a partnership, attached as Exhibit A is a list of the names and mailing addresses of ALL partners and their Florida Registration Numbers, if other than individuals;
e. * If the Bidding entity is a partnership, the name and street address of the agent in Florida who shall maintain a list of the names and addresses of all partners is ______________________________________________________________;
f. * If the Bidding Entity is a corporation, limited liability company, limited liability partnership or limited partnership, the name and street address of the registered agent in Florida is _________________________________________________;
g. * The Bidding Entity has been issued an Employer Identification Number (EIN) by the United States Internal Revenue Service (IRS).
h. * The Bidding Entity has obtained its EIN issued by the IRS for the purpose of federal tax administration and it was not obtained for the sole purpose of participation in tax certificate auctions, tax lien auctions, or lotteries.
i. * The Bidding Entity has not obtained its EIN by way of lease, license or sublicense for the purpose of participation in the Martin County Tax Certificate Sale.
j. * I agree that if requested by representatives of the Martin County Tax Collector, I will provide official documentation evidencing the legal existence of the Bidding Entity within 72 hours of such request.
k. * I agree that, on behalf of Bidding Entity, I will not collaborate with any other bidder(s) to gain an unfair competitive advantage in the random number generator in the event of a tie bid(s) on a tax certificate.
l. * I agree that I will not work with any other bidding entity to increase, maintain or stabilize interest rates in this tax certificate sale.
m. * I agree that I will not employ any bidding strategy designed to create an unfair competitive advantage in the tiebreaking process in the upcoming tax certificate sale.
n. * I agree that I will not work with any other bidder to develop a bidding strategy that results in an identical interest rate being placed on any tax certificate(s).
o. * I agree that I will not engage in any bidding strategy that will result in a rotational award of tax certificates.
p. * The tax certificate(s) the Bidding Entity will bid upon, and the interest rate(s) bid, will be arrived at independently and without direct or indirect consultation, communication or agreement with any other bidder.
q. * The tax certificate(s) the Bidding Entity will bid upon, and the interest rate(s) to be bid, have not been disclosed, directly or indirectly, to any other bidder, and will not be disclosed, directly or indirectly, to any other bidder prior to the close of bidding.
r. * No attempt has been made or will be made to, directly or indirectly, induce any other bidder to refrain from bidding on any tax certificate, to submit complementary bids, or to submit bids at specific interest rates.
s. * The bids to be placed by the Bidding Entity will be made in good faith and not pursuant to any direct or indirect, agreement or discussion with, or inducement from, any other bidder to submit a complementary or other noncompetitive bid.
t. * The Bidding Entity, as well as its owners, officers, and directors, if applicable, has not been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to the sale of tax certificates, tax liens, or tax deeds.
u. * I understand that this agreement is made under penalty of perjury, is intended to, and will be, relied upon by the Martin County Tax Collector, and any misstatement in this agreement may result in forfeiture of any deposits posted, as well as any tax certificates, tax liens, or tax deeds issued.
By electronically signing this agreement below, I declare under penalty of perjury pursuant to Chapter 837, Florida Statutes, that I have read the foregoing agreement and that the facts stated in it are true; that I understand whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his/her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 or 775. 083; that I am a duly authorized agent, officer, or representative for _______________________; and that I have received, understand and agree to abide by the aforementioned polices of the Tax Collector governing the 2017 tax certificate sale incorporated herein by reference; tax certificate bidder/buyer.
I agree that my electronic signature has the full force and effect of a handwritten signature, as provided for in Section 668.004, Florida Statutes.
I agree that in the event I have questions, comments, concerns about a stated violation of these policies by the Tax Collector, I will contact the Tax Collector or his/her designee and that I will abide by and respect the determination of the Tax Collector as to any determinations as to the application of the policies of this tax certificate sale.
I agree that if the tax certificate bidder/buying entity that I represent is challenged by Martin County political subdivision with respect to an asserted violation of the above policies, any and all disputes with respect thereto shall have exclusive venue and jurisdiction in the Circuit Court of Martin County.
(Typed or Printed Name of Bidder)