HomeMy WebLinkAbout20020589.tiff RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE
CONTRACT TO AUCTION WITH RITCHIE BROS. 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
Paragraph G of 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
Bros. 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 said contract 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 Bros. 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.
2002-0589
P00011
d, gee,'(e/gad)
SURPLUS PROPERTY AND CONTRACT TO AUCTION - RITCHIE BROS. AUCTIONEERS
(AMERICA), INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of March, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
W� COUNTY, �O�DO
ATTEST: gtelik o .. _ air
Glenn ad, C air
Weld County Clerk tot " B'
i r �p�� ��
Iasi (� �1��
`� �,,����.• �� David E. Long, Pro-Tem
BY: �/✓ . !� Isar- �I
Deputy Clerk to the = r .� � EXCUSED
M. J. Geile
APPRO D AS FORM: 1:7 r 'Y Lek
m H. Jerke
C my Atto ney
Robed D. Masden
Date of signature: ��'
2002-0589
P00011
MRP. 5.2rb002 9:O4RM RITCHIE BROS BRIGHTON (DENVER) - --- -• -_-•N0.773 --'P.2/�--- • - -----
FITCHIE BROSt
�Tae � Ritchie Elea.Auctioneers(America)Ina,
Auctioneers 39O1 Faullmar Drive,Lincoln,NE USA 58506.0429
Tel:(402)421-3631 •Fax;(402)AS1-1735 •
Internet;www,rbauctlon.com
CONTRACT TO AUCTION
To:RITCF, 9 oS.AUCTIONEERS(AMERICA)INC.
Dear Sire;
A. The underlie*Oho"Owner,Inetnlete Ritchie Taros.Auotlonsere(America)Inc(tire Wellman to sell,fie its agent.the Perna set out in Cleise G below together with my sddplanel
hams unwind to Sib oithe suction cion by Owner Me'FgWpmeM")et en unworn % cpon to nit held at
}fix at
`h J _ on or about IL 2g or at such other piece or date
as Auctioneer may et RI sole discretion deem appmpdete;
B. Tha Orr ec ouerpplcr and Auclpwer agree Iht the tame end condlmone of the Contact to Auction that be those set out heree ter end on the reveres hereof and by executing this
Conirect,Owner and Guarantor extend to Amino the representations and walrenpr herein,
C. Owner Shat et he poet,dekver the EcrytPugitin a 1safe condition,In good M ROI order And free of hamlets Made,to the elte of ma gtcgon ea determined by
Auctioneer on orbefom_ Th ci a, ,2a n'_ l
0. Owner aone Mown inezesAictltl towpptyeuch glees andparte and tooMyogtapcn weldllq,eleanl olaanklg,eanebirting,painting,end otherleiurblanrie end lnourexpense for the moving,
the Equipment ea Auabneer at Its sole CeeMtlon detgnnlnee,and at caw plus a eurohage equal 10%of such amount shin be et the nom of and paid by
Owner,provided however.that the h arty of o pursuant to aye paragraph shell nor exceed the Pon
sum of • 6' *flare ($ k
E. Owner authorizes Auctioneer to empty fusty tires and gm repee qe Aueponeer eataratee neceaaytor the demonsiretion end eels of the Equipment end all costs lnauned shall be
et the expenee of and p*by Owner.
F Owner Mpreeente end warranter
(e) the Equipment is in e safe condllloq,In good running order,free of hazardous mebdels and has navy been contaminated by any hamrdpue material wnateoover,(b) me Equipment to campletsly and ecoi etey deealbed as set out In Clause G below:
(a) Owner le the ova of retard and beneliciel owner of the Equipment end the Equipment Is not eublect to any claim by any parson or to any registered or unregistered chfges,liana,
or Intereele of wry nature excepting only Tae fully get out In Clan ae G belgv;
(d) thhe esEgt Inrmuent la use not
lutiea to the to wheel m Equipment M m n My have or IIon of am taxed tens or elms of any authority of oonwetent jurisdiction of any kind and nature,notwhixtendhg any Peat,
Grant*Ii or Snaps maY be PIA'
C. Complete end male daonpton of the Equipment end any rwu bmranceee and Pans thereon or contrary Intern Marten are as[Mows:
Year of Item DesedptIon- tmarmbrenea ount Owing
Menuleshtrs Menuwdturse Model,Sorel MinimDeecnpsen Haider (If Irene,stew Ill') onEncumbrance
/RI1 13Mc - Ko'al- PF ap o Q(flC 4,Rhal+ ?? XFK
?/v g5agoat
4v.-1y , lc> - ty Scat-, GtecolE4510(6 CoNit4.5
N. Owner lase to pay Aucgeneef an auction commlaslon based on the prose sale price of the Equipment or any 4 o Ght A lot 0AJ
( end (b) 20% for any lot reallzl $2,600 part;harem as mllows:
(c) A$25 documentation fee for each Item of Equipment mquirirw titre or reoletragpn documents.
w leas but With a minimum$50 fee per lot;
I, in consideration of Auctioneer turning to enter Into this Contract,me undersigned a uareMer guerentees and agrees with Auctioneer to duly pay any monies
Which may blooms due by Oweerte Auottoneer,to be bound by and duly perform and observe,punctually,aech and every provision of this Contract(Including
the terms and conditions primed on the reverse hereof): provided, however, that the Ileetity of Guarantor shall not be effected by
arty extension of time,indulgence or any act whatsoever of Auctioneer done either with or without notice to Ouarentor.
THIS CONTRACT TO AUCTION SIGNED ON OWNER: '.1 /� n _ �11�ty� / '.t� c^ e Artie
_2o Company Nema WIElD �,wcsk� ! i°ci w.� e'V'� J QC�'P
AT . Address: Y U v. ie-Ec 1 p
Accepted pY Cn t— I E}' co (�8063a
3 a
RITCHIE 3ROS.AUCTIONEERS(AMERICA)INC. ,
CO Authaledperson: G1 ti Vaad fits: Chair
Witness as to Owner's find Guarantors Slgneturee: Signature:OD •t r /
NOTE:Equipment remains et your risk-sph 1(f)on the reverse eracl.
Owner's Bank: Telephone; Bualneea: `�. ,a, .,?54 'jet ,r Fax 14 '309 - dy 17
Residence:
Branch Address:
Contact:
GUARANTOR:
Telephone: Signature' �1
Receipt and Acceptance by Auctioneer of OWNER CODE
Signed Copy Via Fax Binds ni
0 Copyright M;eale e,ve.quotpnaere Pmenee)no, Both Pertlrs to the Contract
...v..—nn n•„w,
2002-0589
MAR. 5.20132 9:04AM RITCHIE BROS BRIGHTON i;D2r-N'VE*H cr. , d
•
TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION PAGE 2
1. Owner end Auctioneer agree:
(a) Owner euthenist,Auctioneer to carry out ptie te.rohit In respect of the equipment at the expense of Owner,but in no case shell Auctioneer have a duty to earldom,nor be
reaponalbk forma resins of any ouch this search;
(b) Auctioneer may eery out the auction in pccordanoe wall lie usual procedures,end In pniouler may group various parte of the Equipment Into ouch late me It den at.
(c) Auctoneer la constituted a en agent only of Ownsrand not a princloel In Me sale et the Equipment;
NI) Neither the equipment t shell r.nor be deemed not sold,on lhe provisiod ns of paragraph h,or agent of 1(A shall er apply end In addition In any etheOn the Equipment et the r remedieshereundonl In the event er Owner shell pay to Auct erosion,
oneer se
commieelon upon reaale,an amount equal le twenty percent(too)or the bid price;
(e) Owner shE"deliver to Auctioneer len(10)days prior to ins date of the auction;all documen%evidencing Ovine"Me tc.he Equipment,ell documents required to tlansfar
tale to the Equipment to arty purchaser,properly endorsed dhd,'where ownsrdtlp of the Equipment or any part thereof is capable of,or required to be,registered,dl
properly endorsed documents necessary to permit a autotimer In midair ownership. Owner adnewdedge that without such document*the sale pace of the Equipment Is
ever
on is behalf all documents required to uansh ego end permied to be lees thin that obtained V Ma docurne Ma were tregistratWrovided. l of ownership of the Equipment by purcwner nondnateo end appoints ahnar thereof r no hie and lawful
event bust ouch doc Attorney la sign, uments have tas and lnot
• been delivered es required:
(I) Owner shalt •
(I) be reeponelble for anYlose at demsge to the Equipment until the eeriest of;
(A) the removal of the Equipment from the auction site by the purchaser,or ,
(B) receipt by Owner of all emceed.from the isle of the Equipmonti
(9) insure tie Equipment to Its full Insurable velge veinal all peril,ao that In the were of damage to or destruction of the Equipment or any pert thereof,all Insurance
Nomads shall be credited to the gross proceed'of the auction end payment made to Auctioneer forthwith for!
(A) commladon,based on the fair market value ea determined by the Auctioneer of the damaged or destroyed Equipment Immediately prior to ouch damage or
destruction;and
(P) repayment of ell ash advances,Ifeny,made byAuctioneer to or on behalf of owner together with hewed terednl and
(C) reimbursement of all oupofpecket coots ter refurbishing or regain done by Auctioneer prior to the damage or destruction:
Auctioneer shalt not be liable to Owner for the loos.damage or desauotlon to or of the Equipment,end Owner hereby relegate.Auctioneer from any clalm ter coop,demega
or expense Miring out of such even)housower oaund:
(g) 0) AuctIoneer may make payments op account of any registered or unregistered charges,dens,taxes or other interest.claimed by any parson or authority In reenact of the
Equipment.whether or not diucloud,In order to Geer title laths Equipment.end
00 O�er shell Indmnify by such clones end save harmless Auctioneer and any purchasers of the Equipment ageing any and all lose,cools Including lawyers fess)or damage
(h) Owner shall not withdraw the Equipment or any part thereof from the auction ale, if Owner la In breech of this provision,to addition to any other damages which may be
se,Owner shall pay to Auctioneer all amounts to which Auctioneer would otherwise be entitled pursuant to paragraph 2 hereof, beeed upon the fair market value of
the withdrawn Equipment(se determined by Auctioneer);
(I) Owner authorizes Auctioneer to uilazt any part fifths Equipment in setting up the auction;
a) Owner Indemhif.0 and eaves harmless Auctioneer against all sells,actions,cal.or dlergee whatsoever editing from any repmeentadens contained herein or from any
breech of Owners obllgadone,including,but hot Imbed to,any Inapcuracy In the description of the Equipment;
(k) Auotoneer may.8 it deems flummery.re-auction any part of the Equipment not sold or not paid for at the suction end Owner acknowledges that no leonine shell be
payable by Aucllonear in respect of any part of the Equipment until non part of the Equipment bee been.paid form full by the purctieeer Thereof;
(I) thelsucti
on
itch
the sa
le o u reserve,
se ve Ina Equipment vim be sold to the Mahout bidder end there will be no guarantee whatsoever by Auctioneer a to me gross proceed to, be
re E(m) Owner will comply with all law'relating to the male of the Equipment;
(n) Auctioneer shell have a Pin and charge upon the Equipment end shall be entitled,In addition to all Its cloths under law,to seta and retain poeaaelon oh the Equipment es
security for,efld/or Dell the Equipment to recover,all sum owing to Astotloneer hereunder. Auctioneer idyll have the right,et Its sots option,to reoitr such pen under any
personal property security or other Iowa pa may be In allot.
2. Owner irrevocably assigns to Auctioneer all amounts due pursuant to Me Conked end Auctioneer-rill apply ell amounle collected from the sale of the equipment ea follows;
(a) As payment to,and rdmbureenent of,the Auctioneer for those amounts allowed by the Contract
(b) For paymene to lien holder or Where se miaowed by l(g)@ and/or 1(o)(g)above;
(c) Pekoes,if any,will be mailed to the Owner,by pnpeld post ores otherwise hairpoted In writing,on or before the homy-Prot(21^1 day following the auction.
a. If,In the opinion of the Auctioneer.there Is Ineuffolent equity in the Equtpmnt to pay Mime amount,allowed by this Contract then.at the sale option of Aucdenser,this contract
shell be unenforceable by Owner,however,noiwdihelanding the foregoing,in the event the Equipment la said,Owner shall pay to Auctioneer any detielncy arising In the avant
gross proceade C aal.d from the male of the Equipment ere In.ufgalent to allow payment of the mes.amounts.
4. Should Auctioneer be requaed to participate in any adman to Naar Wens the terms pith'.Contract or os a result of other activities of Owner,Au000neer shell ha entitled to
mover.Il is costs including wwyara Mee on a whelks and own client cat bete,
S. Owner authorize,Auctioneer to us.Owners name,trademark or logo In edveNsing the auction.
a. This Contract,which maY be emended only In writing,aret uta the Mire agreement end takes the place of prior contmete or understandings between the partial and Inures to
the banal"d and a tgndino upon their heirs,exeotora,adminttratore,autcessore end anions.
7. This Contract is subject to and shall be determined both In and undo me laws of the Stale In which the auction omure,
8. Raoelpt byAuuieneer via toalmie of a signed copy of this Conked Mall,upon.00eplmnce by Auctioneer,be considered binding en teeth parties. .
I solemnly declare that I am(ms agent of)the Owner of tie Equipment set out on pegs 1 hereof end es audi haste ynowisdge of the matters eel out In this Contract to Auction and that
the representations end worrantloe reeds herein ore nwrate,complete and have been made for the purpose of Inducing the Auctioneer to ac ept the engagement for the sale or the
Equipment
Mede this 11th dayof March ,28 02
at CjIuq/YMg'
gy_. ti.i / In the Brae of Col erode -
Glenn Vaad. Chair (03/11/2002)
,u, (Print Name) •
• OWNER CODE
O Copyright Ritchie Broe.Auctioneers(Amrrla)int. ,
CT-AUC-g2 R01/01 •
RECEIPT&ACCEPTANCE BY AUCTIONEER OF A SIGNED COPY VIA FAX
aINDS BOTH PARTIES TOME CONTRACT
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