HomeMy WebLinkAbout20063023.tiff RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE CONTRACT
TO AUCTION WITH RITCHIE BROTHERS AUCTIONEERS (AMERICA), INC., AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, State statute and the Weld County Code require that all items disposed of be
declared surplus by the Board of County Commissioners, and
WHEREAS,the County has determined that certain equipment, as described in Schedule
"A" to the Contract to Auction mentioned below, a copy of which is attached hereto and
incorporated herein by reference, is no longer required for County use, and
WHEREAS, the Board has been presented with a Contract to Auction between Ritchie
Brothers Auctioneers(America), Inc.,and Weld County,Colorado,concerning said equipment,with
the terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of
which is attached hereto and incorporated herein by reference, and declare said equipment as
surplus.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that certain equipment, as described in Schedule "A," be, and hereby is,
declared as surplus.
BE IT FURTHER RESOLVED by the Board that the sale of said equipment at auction and
the Contract to Auction between Ritchie Brothers Auctioneers (America), Inc., and Weld County,
Colorado, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
2006-3023
P00013
Ad f(__
SURPLUS PROPERTY- RITCHIE BROTHERS AUCTIONEERS (AMERICA), INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of October, A.D., 2006.
'il IEilda BOARD OF COUNTY COMMISSIONERS
'` WELD COUI0Y, COLORADO
ATTEST: k, i/ rx
M. J. le, Chair
Weld County Clerk to the BoArc6Hei -k,
BY: l26 tiGh!{� David E. Long, Pro-Tem
Deput lerk to e Board ' '
Willi H. Jerke
APP D AS TO F \
Robe D. sde
o torney 74,
Glenn Vaad c----
I
Date of signature: It/V
2006-3023
P00013
i I, Q BROS.V 1 N LINE B OS. Ritchie Bros.Auctioneers(America)Inc.
Auctioneers 3901 Faulkner Drive,Lincoln,NE USA 68516-4738
Tel 402.421.3631 Fax 402.421.1738
Internet:www.rbauction.com
CONTRACT TO AUCTION
To:RITCHIE BROS.AUCTIONEERS(AMERICA)INC.
Dear Sirs:
A. The undersigned "Owner)instructs Ritchie Bros.Auctioneers(America)Inc.(the"Auctioneer')to sell,as Its agent,the items set out in Clause G below together with any additional items delivered
[he site of the u on by Owne the"Equipment')at an unreserved public audigf to be held at _ e
.1. 'C -- (C\ on or about /I(i 2U 0 )(, ' , C�- , 20 CC or at such other place or date
as Auctioneemay at Its sole discretion deem appropriate;
B. The Owner,Guarantor and Auctioneer agree that the terms and conditions of this Contract to Auction shall be those set out hereafter and on the reverse hereof and by executing this Contract,Owner
and Guarantor extend to Auctioneer the representations and warranties herein;
C. Owner shall at his cost,del r,r the Equipment inn safe conditio in good running order and free of hazardous materials,to the site of the auction as determined by
• Atitttdn5'eer on or before //cwc?-J G'cat 7J ,20(. ;
D. Owner authorizes Auctioneer to supply such glass and parts and to carry out such welding,steam cleaning,sandblasting,painting,and other refurbishing and incur expense for the moving,hauling,
and storage of the Equipment as Auctioneer at its sole discretion determines,and all costs plus a surcharge equal to io%of such amount shall be at the expense of and paid by Owner,provided
however,that the liability of Owner pursuant to this paragraph shall not exceed the
sum of dollars ($ );
E. Owner authorizes Auctioneer to supply fuel,batteries and tire repair as Auctioneer detenninesnecessary for the demonstration and sale of the Equipment and all costs incurred shall be at the expense
of and paid by Owner.
-.F. Owner represents and warrants:
• - (a) the Equipment is In a safe condition,in good running order,free of hazardous materials and has never been contaminated by any hazardous material whatsoever, '
(b) the Equipment is completely and accurately described as set out in Clause G below;
(c) Owner is the owner of record and beneficial owner of the Equipment and the Equipment is not subject to any claim by any person or to any registered or unregistered charges,liens,or interests of
any nature excepting only as fully set out in Clause G below;
(d) the Equipment is not subject to the collection or attraction of any taxes,liens or claims of any authority of competent udsdiction of any kind and nature,notwithstanding any past,present or future
use to which the Equipment may have been,presently is or hereafter may be put;
G. Complete and accurate description of the Equipment and any encumbrances and liens thereon or contrary interests therein are as follows:
Year of Item Description- Encumbrance Amount Owing
Manufacture Manufacturer,Model,Serial Number,Description Holder (if none,state'nil') on Encumbrance•S P �r./rr O.&t .fI / .
",, 77
H. Owner a rees to pay Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows:
•
Lot"( (c) A$25 documentation fee for each item of Equipment requiring title or registration documents.
I. In consideration of Auctioneer agreeing to enter into this Contract,the undersigned Guarantor guarantees and agrees with Auctioneer to duly pay any monies which may become
due by Owner to Auctioneer,to be bound by and duly perform and observe,punctually,each and every provision of this Contract(including the terms and conditions printed on
the reverse hereof);provided,however,that the liability of Guarantor shall not be affected by any extension of time,indulgence or any act whatsoever of Auctioneer done either
with or without notice to Guarantor.
i
L THIS CONTRACT TO AUCTION SIGNED ON OWNER:
20 Company Nam i �t�.-) 1 re c.t-t^-, eA• L/, 7• it ,rr; t-. Or •/r., �"Al
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AT ° Address:� 13 e-2,yn≤_
,� c
Accepted by # `
/--g -E '::.Pf..,j CO.V :'II—,
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1
RIJCH4E B li5(AMERICA)INC.
II i ' 1, -- Authorized Person: "C" Title: Chair (10/30/2006)
CL:�Signature: 1 a '
Witness as to Owners and Guarantor's Signatures:
NOTE:Equipment remaips at your risk-see paragraph ra/ lie on the reverse hereof.
(7 / i ails' (.-e" .Yl" /4
Telephone: Business: - .. Fax / --'�V-• -//9 i
Owner's Bank: •
Residence:
Branch Address: GUARANTOR: '
Contact: Signature: -, • - ,
Telephone: Note:Declaration on page 2 must be completed
{ Cust.# Owner
Code:
i
i da Copyright Ritchie Bros.Auctioneers(America)Inc.
I CTAUC-02801/04 OWNER'S COPY Mai -3023
TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION
t. Owner and Auctioneer agree:
(a) . Owner authorises Auctioneer to carry out title searches in respect of the Equipment at the expense of Owner,but in no case shall Auctioneer have a.,d ty to conduct,nor be
responsible for the results of any such title search;(Ii)contact creditors to determine amounts claimed against the Equipment;
(b) Auctioneer may carry out the auction in accordance with its usual procedures,and in particular may group various parts of the Equipment into such lots as it sees fit;
(c) Auctioneer is constituted as an agent only of Owner and not a principal in the sale of the Equipment;
(d) Neither Owner,nor any person,corporation affiliated with,or agent of Owner shall bid on the Equipment at the auction;in the event Owner is in violation of this provision,the
Equipment shall be deemed not sold,the provisions of paragraph z(k)shall apply and in addition to any other remedies hereunder the Owner shall pay to Auctioneer as commission
upon resale,an amount equal to twenty percent(20%)of the bid price;
(e) Owner shall deliver to Auctioneer ten(io)days prior to the date of the auction:all documents evidencing Owner's title to the Equipment,all documents required to transfer title to
the Equipment to any purchaser,properly endorsed and,where ownership of the Equipment or any part thereof is capable of,.brieg cited to be registered,all properly endorsed
documents necessary to permit purchaser to register ownership.Owner acknowledges that without such documents the sale price of the Equipment is expected to be less than
that obtained if the documents were provided.Owner nominates and appoints Auctioneer its true and lawful Attorney to sign,execute and deliver on its behalf,all documents
required to transfer title and permit registration of ownership of the Equipment by purchaser thereof in the event that cud documents have not been delivered as required;
(f) Owner shall:
(I)• be responsible for any loss or damage to the Equipment until the earliest of:
(A) the removal of the Equipment from the auction site by the purchaser;or
(B) receipt by Owner of all proceeds from the sale of the Equipment;
(ii) insure the Equipment to its full insurable value against all perils so that in the event of damage to or destruction of the Equipment or any part thereof,all insurance proceeds
shall be credited to the gross proceeds of the auction and payment made to Auctioneer forthwith for:
(A) commission, based on the fair market value as determined by Auctioneer of the damaged or destroyed Equipment immediately prior to such damage or
destruction;and
(B) repayment of all cash advances,if any,made by Auctioneer to or on behalf of Owner together with interest thereon;and
(C) reimbursement of all out-of-pocket costs for refurbishing or repairs done by Auctioneer prior to the damage or destruction;
Auctioneer shalt not be liable to Owner for the loss,damage,or destruction to or of the Equipment,and Owner hereby releases Auctioneer from any claim for costs,damage or
expense arising out of such event howsoever caused;
(g) (I) Auctioneer may make payments on account of any registered or unregistered charges,liens,taxes,or other interests claimed by any person or authority in respect of the
Equipment whether or not disclosed on the reverse hereof in order to clear title to the Equipment;and
(ii) Owner shall indemnify and save harmless Auctioneer and any purchasers of the Equipment against any and all loss,costs(including attorney's fees)or damages occasioned
by such claims;
(h) Owner shall not withdraw the Equipment or any part thereof from the auction sale. If Owner is in breach of this provision,in addition to other damages which may be assessed,
• Owner shall pay to Auctioneer all amounts Auctioneer would otherwise be entitled to pursuant to paragraph 2 hereof,based upon the fair market value of the withdrawn
Equipment(as determined by Auctioneer). If such breach occurs within qo days of the auction it may damage Auctioneers business reputation and customer relations
and Auctioneer will not be made whole by monetary recompense, In such event Auctioneer may.at its'sole option,obtain an order for specific performance and Owner
will not object;
(t) Owner authorizes Auctioneer to utilize any part of the Equipment in setting up the auction;
' Q) Owner indemnifies and Saves harmless Auctioneer against all suits,actions,costs or charges whatsoever arising from any representations contained herein or from any breach of
Owner's obligations,including,but not limited to,any inaccuracy in the description of the Equipment;
(k) Auctioneer may,if it deems necessary,re-auction any part of the Equipment not sold or not paid for at the auction and Owner hereby acknowledges that no monies shall be payable
by Auctioneer in respect of any part of the Equipment until such part of the Equipment has been paid for in full by the purchaser thereof;
(I) The auction will be without reserve,the Equipment will be sold to the highest bidder and there will be no guarantee whatsoever byAuctioneer as to the gross proceeds to be realized
from the sale of the Equipment;
(m) Owner will comply with all laws relating to the sale of the Equipment;
(n) Auctioneer shall have a lien and charge upon the Equipment and shall be entitled,in addition to all its rights under law,to seize and retain possession of the Equipment as security
for,and/or sell the Equipment to recover,all sums owing to Auctioneer hereunder.Auctioneer shalt have the right.at its sole option,to register such lien under any personal property
security or other laws as may be in effect;
Co)' Auctioneer may,at Its sole discretion,in conjunction with the unreserved public auction,offer certain lots tD Intemet bidders,using Its trademarked"rbauctionBid-Live"service;
however Auctioneer shall not be liable for any claims or costs arising from its failure to do so.
2. Owner irrevocably assigns to Auctioneer all amounts due pursuant to this Contract and Auctioneer shall apply ail amounts collected from the sale of the equipment as follows:
(a) As payment to,and reimbursement of,the Auctioneer for those amounts.allowed this Contract;
(b) For payments to lien holders and others as allowed by t(g)()and/or i(g)(ii)above;
(c) Balance,if any,will be mailed to the Owner,by prepaid post or as otherwise instructed in writing,on or before the twenty-first(test)day following the auction.
3. If,in the opinion of the Auctioneer,there is insufficient equity in the Equipment to pay those amounts allowed by this contract then,at the sole option of Auctioneer,this Contract sh all
be unenforceable by Owner;however;notwithstanding the foregoing,inthe event the Equipment is sold,Owner shall pay to Auctioneer any deficiency arising in the.event gross proceeds
collected from the sale of the Equipment are insufficient to allow payment of those amounts.
q: Should Auctioneer be required to participate in any action to either'enforce the terms of this Contract or as a result of other activities of Owner,Auctioneer shalt be entitled to recover all
its costs including lawyer's fees on a solicitor and own client cost basis.
. Owner authorizes Auctioneer to use Owner's name,trademark or logo in advertising the auction.
6. This Contract,which may be amended only in writing,constitutes the entire agreement and takes the place of prior contracts or understandings between the parties and enures to the
benefit of and is binding upon their heirs,executors,administrators,successors and assigns.
7. This Contract is subject to and shall be determined both in and under the laws of the State in which the auction occurs.
S. Receipt by Auctioneer via facsimile of a signed copy of this Contract shall upon acceptance by Auctioneer,be considered binding on both parties.
I solemnly declare that I am(the agent of)the Owner of the Equipment set out on the reverse hereof and as such have knowledge of the matters set out in this Contract to Auction and
that the representations and warranties made herein are accurate,complete and have been made for the purpose of inducing the Auctioneer to accept the engagement for the sale
of the Equipment.
•
Made this 30th day of Octo.her ,tot(
at ____Weld County _in the State of Colorado
� M, J. Celle., Chair, Weld County Board___
(Signature) (10/30/21• �'1.6 of Commissioners (Print Name)
A441,04/1
�'z �
•• 361 `11
CLERK TOME
OWNER CODE
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Copyrig E
CT AU C•02 R01;04 $ D
*�e�.VV��.________YY Rftchie Bros.Auctioneers(America)Inc.
/ ixtione es 3901 Faulkner Drive,Lincoln,NE USA 68516-4738
Tel:402-421-3631 •Fax:402-421-1738
Internet:www.rbauction.com
SCHEDULE A - '
Part of a Contract to Auction
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Year of Item Description- Encumbrance Amount Owing
Manufacture Manufacturer,Model,Serial Number,Description Holder on Encumbrance
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