Commercial Kitchen Liquidation

Commercial Kitchen Liquidation Auction

Online Only Auction Begins Ending Nov. 20th at 6:00 PM.

Load out is Nov. 23rd, 24th or the following week Dec. 9-11 from 9 A.M. to 4 P.M.

Location 90 N 4th St, Martins Ferry, OH 43935

Hospital Kitchen Cafeteria Liquidation includes the following:

7 Ice Machines * Refrigerators * Soda Machine * Coffee Makers & Carafes * True Refrigerator Cabinet * Turbo air cooled serving buffet * Microwaves * Stainless Carts * Wells gas griddle * True Freezer * Shelving * Stainless work tables * Stainless sinks * Commercial grill range combo * Southbend double convection oven * Hobart Commercial Dishwasher * 78 in True 3 door Freezer * Warming Cabinets * Serve Well Steam Table * Coffee Art Plus Machine * Cooler Display * Walk in Coolers & more

Terms 15% Buyers Premium. Online Terms Apply

KAUFMAN REALTY AND AUCTIONS

728 Woodlawn Ave.

Cambridge, OH 43725

 www.bid.kaufman-auctions.com

Jason L. Miller, Partner/Auctioneer

Brian Miller, Auctioneer/ Realtor

740-801-0447 [email protected]

Mervin Lehman, Auctioneer/Realtor

419-685-8585 [email protected]

BEHM AUCTIONS JIM BEHM www.behmsauction.com

15% Buyers Premium Applied to all bids.

NO SHIPPING!!

Buyers are responsible for all removal of items

All Buyers and employees will be required to sign release before entering the premises.

BUYER’S ENTRY, INSPECTION, ASSUMPTION OF RISK, RELEASE, WAIVER, AND HOLD HARMLESS AGREEMENT FORMER EAST OHIO REGIONAL HOSPITAL

Property Address: 90 N. 4th Street, Martins Ferry, Ohio 43935

Court Case: Belmont Savings Bank v. East Ohio Hospital, LLC, et al.
Case No.: 25CV238
Court: Court of Common Pleas of Belmont County, Ohio

This Buyer’s Entry, Inspection, Assumption of Risk, Release, Waiver, and Hold Harmless Agreement (“Agreement”) is entered into by the undersigned (“Buyer”) in connection with the inspection, bidding, purchase, removal, loading, transportation, or other activities associated with the auction of personal property, equipment, fixtures, contents, and/or other assets located at or within the former East Ohio Regional Hospital property at 90 N. 4th Street, Martins Ferry, Ohio 43935 (the “Premises”).

The auction and sale are being conducted by Kaufman Realty & Auctions LLC, 1047 W. Main Street, Sugarcreek, Ohio 44681 (“Auctioneer”), for and on behalf of **Jeffrey W. McCamic, the Court-Appointed Receiver for East Ohio Hospital, LLC, as appointed by the Court of Common Pleas of Belmont County, Ohio, in Case No. 25CV238, Belmont Savings Bank v. East Ohio Hospital, LLC, et al. (“Receiver”).

Metal Quest, Inc. is an advisor for Jeffrey W. McCamic, the Court-Appointed Receiver.

The undersigned acknowledges and agrees to the following:

1. VOLUNTARY ENTRY

Buyer understands that entry onto or into the Premises is voluntary and is undertaken entirely at Buyer’s own risk.

Buyer may be accompanied by or may utilize employees, agents, contractors, subcontractors, representatives, family members, prospective purchasers, movers, riggers, haulers, or other persons invited or authorized by Buyer (collectively, “Buyer’s Representatives”).

Buyer agrees that all persons entering the Premises at Buyer’s request or in connection with Buyer’s activities shall comply with all applicable laws, regulations, safety requirements and instructions and shall be subject to the terms and conditions of this Agreement to the fullest extent permitted by law.

Buyer accepts responsibility for communicating the risks, requirements, and restrictions of this Agreement to all Buyer’s Representatives.

2. RELEASED PARTIES

For purposes of this Agreement, the term “Released Parties” shall include:

1.      Jeffrey W. McCamic, in his capacity as Court-Appointed Receiver for East Ohio Hospital, LLC;

2.      East Ohio Hospital, LLC, and its owners, members, officers, managers, employees, agents, representatives, contractors, and affiliates;

3.      Kaufman Realty & Auctions LLC, including its owners, members, officers, managers, employees, agents, representatives, contractors, and affiliates;

4.      Metal Quest, Inc., as agent of the Auctioneer, including its employees, agents, representatives, contractors, and affiliates; and

5.      All other respective employees, agents, representatives, contractors, consultants, affiliates, successors, and assigns of the foregoing parties.

The Released Parties shall be entitled to rely upon the protections, releases, waivers, and indemnification provisions contained in this Agreement to the fullest extent permitted by applicable law.

3. CONDITION OF PREMISES AND PROPERTY

Buyer acknowledges that the Premises is a former hospital facility and may be vacant, partially vacant, closed, deteriorated, damaged, or in an otherwise unsafe or hazardous condition.

The Premises and all property offered for auction are being made available for inspection and/or sale on an “AS IS, WHERE IS, WITH ALL FAULTS” basis, without representations or warranties, express or implied, except as may be expressly stated in a written purchase agreement or applicable auction terms and conditions.

Buyer understands and acknowledges that the Premises and property may contain, among other things:

·         Mold, mildew, fungus, bacteria, spores, and other biological contaminants;

·         Dust, debris, dirt, and accumulated materials;

·         Potentially hazardous, toxic, or unknown substances;

·         Medical supplies, medical equipment, medical waste, pharmaceutical products, chemicals, cleaning agents, and other materials associated with a former hospital;

·         Medical equipment, machinery, electrical equipment, mechanical equipment, plumbing fixtures, and other specialized equipment;

·         Sharp objects, broken glass, exposed nails, screws, metal, and other puncture or laceration hazards;

·         Uneven, slippery, wet, or damaged floors and walking surfaces;

·         Holes, openings, damaged ceilings, walls, floors, stairs, roofs, and other structural or building components;

·         Potential trip, slip, fall, and falling-object hazards;

·         Exposed or concealed electrical, plumbing, mechanical, HVAC, or other building systems;

·         Areas with inadequate or no lighting;

·         Areas that may be inaccessible or difficult to access;

·         Potentially unstable equipment, shelving, fixtures, cabinets, and other objects;

·         Elevator shafts, stairways, and other areas presenting fall or access hazards;

·         Fire, smoke, water, weather, or other damage;

·         Rodents, insects, animals, or other pests; and

·         Other unknown, undisclosed, or unforeseen hazards or dangerous conditions.

This list is not exhaustive. Buyer acknowledges that additional hazards may exist that are not known, anticipated, identified, or disclosed.

4. NO ELECTRICITY, LIGHTING, ELEVATOR, OR WI-FI

Buyer acknowledges that electricity and/or other utilities are NOT available or operational at the Premises.

Buyer understands that portions of the Premises may have little or no lighting and that certain areas may be dark or difficult to safely access.

Buyer further acknowledges that elevators ARE INOPERABLE and that there is no Wi-Fi or other communications services available at the Premises.

Buyer agrees not to rely upon the availability of electricity, lighting, elevators, Wi-Fi, or other utilities or building services for purposes of inspection, bidding, removal, load-out, or transportation of purchased property.

Buyer is solely responsible for providing any necessary lighting, tools, equipment, generators, personnel, safety equipment, or other resources required for Buyer’s activities, subject to all rules and requirements established by the Receiver, Auctioneer, Metal Quest, Inc., or their authorized representatives.

5. MOLD AND ENVIRONMENTAL CONDITIONS

Buyer acknowledges that the Premises may contain or have contained mold, mildew, fungus, spores, bacteria, allergens, dust, or other biological or environmental contaminants.

Buyer understands that exposure to mold or other contaminants may cause allergic reactions, respiratory problems, illness, or other health effects and that individual reactions may vary.

Buyer voluntarily assumes all risks associated with potential exposure to mold, mildew, biological contaminants, dust, debris, and other environmental conditions at the Premises.

Buyer is solely responsible for determining whether Buyer or Buyer’s Representatives should enter the Premises and for taking any precautions deemed necessary, including the use of appropriate personal protective equipment (“PPE”) and the Buyer shall indemnify and hold the Released Parties harmless from against any and all costs, losses, damages, or expenses (including attorney’s fees) related to the condition of the Premises and the potential existence of such items.

6. MEDICAL SUPPLIES, EQUIPMENT, AND OTHER MATERIALS

Buyer acknowledges that the Premises is a former hospital and may contain medical equipment, medical supplies, pharmaceuticals, chemicals, cleaning products, compressed gas cylinders, sharps, biological materials, or other items that may present potential hazards or require special handling, transportation, licensing, or disposal.

Buyer agrees that Buyer is solely responsible for determining the nature, condition, legal status, and appropriate method of handling, removal, transportation, disposal, or use of any property purchased or removed by Buyer.

Buyer shall comply with all applicable federal, state, and local laws, regulations, rules, and requirements concerning the possession, handling, transportation, removal, use, recycling, or disposal of any purchased property.

Neither the Receiver, Auctioneer, Metal Quest, Inc., nor any other Released Party shall be responsible for determining whether Buyer is legally authorized or qualified to possess, transport, handle, use, or dispose of any particular item, and the Buyer shall indemnify and hold the Released Parties harmless from against any and all costs, losses, damages, or expenses (including attorney’s fees) related to Buyer or Buyer’s Representatives’ possession, transportation, handling, use, or disposition of any item.

7. INSPECTION AND DUE DILIGENCE

Buyer acknowledges that Buyer has been provided an opportunity to inspect the property and Premises to the extent permitted by the Receiver, Auctioneer, Metal Quest, Inc., and/or their authorized representatives.

Buyer agrees that Buyer is solely responsible for conducting any inspection, investigation, testing, measurements, or due diligence that Buyer deems necessary before bidding or purchasing.

Buyer agrees not to rely upon photographs, descriptions, lot listings, statements, or other information provided by the Auctioneer, Metal Quest, Inc., Receiver, or their representatives as a substitute for Buyer’s own inspection and investigation.

Buyer acknowledges that photographs and descriptions may not show every defect, condition, hazard, or characteristic of the property or Premises.

8. ASSUMPTION OF RISK

Buyer knowingly and voluntarily assumes all risks associated with entering, inspecting, accessing, working within, removing property from, or otherwise being present at the Premises.

Such risks include, without limitation, the risk of personal injury, illness, disease, allergic reaction, respiratory problems, exposure to mold or other contaminants, slips, trips, falls, falling objects, structural failures, electrical hazards, equipment failures, cuts, punctures, strains, sprains, and other known or unknown risks.

Buyer acknowledges that the risks associated with the Premises may be significant and that Buyer is voluntarily choosing to enter the Premises despite those risks.

9. RELEASE AND WAIVER

To the fullest extent permitted by law, Buyer, on behalf of Buyer and, to the extent legally permissible, Buyer’s Representatives, hereby releases and forever discharges the Released Parties from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or relating to Buyer’s or Buyer’s Representatives’ entry upon, presence at, inspection of, or activities conducted at the Premises.

This release includes, to the fullest extent permitted by applicable law, claims arising from or relating to personal injury, illness, death, property damage, exposure to mold or other contaminants, or other losses allegedly caused by or arising from conditions at the Premises.

This release is intended to be as broad and inclusive as permitted by the laws of the State of Ohio and survive the completion of removal, the termination of Buyer's access, the resale or disposal of purchased property, the closing of the receivership, and the discharge of the Receiver.

10. HOLD HARMLESS AND INDEMNIFICATION

To the fullest extent permitted by law, Buyer agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorney fees and legal expenses, arising out of or relating to:

(a)   Buyer’s or Buyer’s Representatives’ entry upon, use, or presence at the Premises;

(b)   any injury, illness, or death caused by or arising from the acts or omissions of Buyer or Buyer’s Representatives;

(c)   Buyer’s removal, dismantling, loading, transportation, or handling of purchased property;

(d)   any violation by Buyer or Buyer’s Representatives of applicable laws, rules, regulations, or requirements;

(e)   any damage to the Premises or property caused by Buyer or Buyer’s Representatives; or

(f)     any claim brought by a third party as a result of the acts or omissions of Buyer or Buyer’s Representatives.

(g)     any data breach, or any unauthorized access, acquisition, use, or disclosure of protected health information or personally identifiable information, arising out of or relating to property purchased by Buyer or to Buyer's obligations under Section 14

11. PERSONAL PROTECTIVE EQUIPMENT AND SAFETY

Buyer acknowledges that Buyer is solely responsible for determining what personal protective equipment and safety precautions are appropriate for entry into and work at the Premises.

Depending upon the circumstances, appropriate PPE may include, without limitation, protective footwear, gloves, eye protection, respiratory protection, hard hats, protective clothing, and other safety equipment.

Buyer agrees to follow all reasonable safety instructions, access restrictions, barricades, warning signs, and directions issued by the Receiver, Auctioneer, Metal Quest, Inc., or their authorized representatives.

The Receiver, Auctioneer, Metal Quest, Inc., or their authorized representatives may refuse or restrict access to any person who fails to comply with safety requirements or who is determined to be engaging in unsafe conduct.

12. REMOVAL AND LOAD-OUT

Buyer acknowledges that the removal and load-out of purchased property may involve significant risks, including heavy lifting, rigging, dismantling, cutting, climbing, use of tools and machinery, moving equipment, and transportation of large or heavy items.

Buyer is solely responsible for providing qualified personnel, contractors, riggers, movers, equipment, tools, and safety procedures necessary to safely remove and transport purchased property.

Buyer shall not damage the Premises or any property that has not been purchased.

Buyer agrees to repair or pay for any damage caused by Buyer or Buyer’s Representatives during removal or load-out activities.

13. PROHIBITED CONDUCT

Buyer and Buyer’s Representatives shall not:

·         Enter areas designated as closed or restricted;

·         Enter unsafe or barricaded areas;

·         Enter elevator shafts or other restricted areas;

·         Operate elevators, mechanical systems, or equipment unless specifically authorized;

·         Tamper with electrical systems or other building systems;

·         Remove property that has not been purchased;

·         Remove, disturb, or handle materials that are clearly identified as hazardous, restricted, or requiring special handling without appropriate authorization;

·         Engage in any activity that creates an unreasonable risk to persons or property; or

·         Disregard any safety instruction issued by the Receiver, Auctioneer, Metal Quest, Inc., or their authorized representatives.

14. Data-Bearing Property. The Buyer is solely responsible for checking every item the Buyer purchases for data storage devices holding protected health information or personally identifiable information, shall not access any such information, and shall destroy or sanitize all storage media to NIST 800-88 and return a signed attestation to the auctioneer within (30) days. The Buyer is responsible for any data breach involving property the Buyer purchases and shall indemnify the Receiver, the Auctioneer, and MetalQuest, Inc.

 

15. NO WARRANTY REGARDING SAFETY

Buyer acknowledges that neither the Receiver, Auctioneer, Metal Quest, Inc., nor any other Released Party has represented or warranted that the Premises is safe, free from hazards, free from mold or contaminants, structurally sound, adequately illuminated, or suitable for any particular purpose.

Buyer accepts the Premises in its present condition and acknowledges that conditions may change between the time of inspection and the time of removal or load-out.

16. COMPLIANCE WITH LAWS

Buyer agrees to comply with all applicable federal, state, county, and local laws, ordinances, regulations, and requirements in connection with Buyer’s entry upon the Premises and Buyer’s possession, removal, transportation, handling, use, or disposal of purchased property.

17. EMERGENCY AND ACCESS RIGHTS

Buyer acknowledges that the Receiver, Auctioneer, Metal Quest, Inc., and their authorized representatives may restrict, suspend, or terminate access to the Premises at any time for safety, security, operational, legal, or other reasons.

Buyer agrees to immediately comply with any evacuation order or emergency instruction.

18. SEVERABILITY

If any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

19. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Any action against the receiver, MQ, or Kaufman must the Court of Common Pleas of Belmont County, Ohio. This entire agreement will  survive the completion of removal, the termination of Buyer's access, the resale or disposal of purchased property, the closing of the receivership, and the discharge of the Receiver.

 

20. ACKNOWLEDGMENT OF UNDERSTANDING

Buyer acknowledges that Buyer has carefully read this Agreement, understands its contents, understands that it includes an assumption of risk, release, waiver, and indemnification obligations, and voluntarily agrees to be bound by its terms.

Buyer further acknowledges that Buyer has had an opportunity to ask questions and seek independent legal advice before signing this Agreement.

This Agreement shall remain in effect for all entries by Buyer and Buyer’s Representatives onto the Premises in connection with the auction, inspection, purchase, removal, load-out, or transportation of purchased property.