HomeMy WebLinkAbout20042533.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.
2004-2533
P00013
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 23rd day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WEL C UNTY COLOrt
AVM > ��
t " E4.r , Robert D. Masden, Chair
• r• rk to the Board
1851 l;l �.,c / , William H. J e, Pro-Tern
• Ludt t►�s!_� -e_- ,t�,__i ..r te to the Board
® H jc'> M. J. f
if:PrDASTOF •
David E. Long
ane
lenn Vaa
Date of signature: 7/A----
2004-2533
P00013
rIrHORO&
--
ioneen Ritchie Bros.Auctioneers(America)Inc.
3901 Faulkner Drive, Lincoln,NE USA 68516-4738
,I
Tel:(402)421-3631 •Fax:(402)421-1738
Internet:www.rbauction.com
CONTRACT TO AUCTION
To: RITCHIE BROS.AUCTIONEERS(AMERICA) INC.
Deer Sirs:
A The u delivered undersigned
'Owner') Ton Ritchie Bros Ai Abiws(America)Inc.(the"Auctioneer')to sell,as its agent,the items set out in Clause G below together with any additional
ga_ by Oy'ner(Ihe'Equipment'�at an unreserved public a pon tp,be nel�r� ,7 �-`
pow jl.J��� on or about �['ek ins fp.' `� or at suet other dace o date
as Auctioneer may at its sole discretion deem appropriate: ii r N
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,deliver the �Equ' in a safe condition,in good runni order and free of hazardous materials,to the site of the auction as determined by .
Auctioneer on or before 20 .
�J$(ip\{ � 7
D. Owner authorizes Auctioneer to supply such glass and pans 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 10%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 may{/
sum of #1/A' dollars (S /" ):
E. Owner at the authorizes
es Auctioneer of and paid bytoOw�fuel,batteries and tire repair as Auctlonee5 determines necessary for the demonstration and sale of the Equipment and all costs Incurred shall be -
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 materiel 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,pens,
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 ettne.tion of any taxes,liens or claims of any authority of competent jurisdiction of any Idrd 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'ng) on Encumbrance
SE. cchED,AL.E. `"/ it N+L
Io' C2S-. 111ss,arJ
H. Owner rees to pay Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows:
(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 end 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 dcr14 either with or without notice to Guarantor.
THIS CONTRACT TO AUCTION SIGNED ON OWNER: ��f, (�
20 Company Name: s'Up(J A `—�{,j A,tt
AT Address: P-a toy -75 "
Accepted by la..1
[ 0 1.4k,,.sLe �)0 t) 3
4$00 711a TF C
RITCHIE BROS.AUCTIONEERS(AMERICA)INC.
fi
Authorized Person: ., _ Title: ()I)N1
Obalo toD
Signature:
Witness as to Owner's _... ,_; ... ,.all. „.
e s and Guarantor's Signatures: Tf- 77NN��Q�,,�1e �y.
flaiiD S NebBeM .a tied 11OTE:Equipment49rlitsF�t ychrrisTC="SELspTa}2k ra)7n + b,the reverse hereof. �}
Telephone: Business: 11O\ 0M " (N 1 v Fattf-ii. , �y -. (69 111
Owner's Bank:
Residence:
Branch Address:
Coned GUARANTOR:
Telephone: Signature: 'a -u., .,
Receipt and Acceptance by Auctioneer of OWNER CODE
Signed Copy Via Fax Binds
o Copyright Ritchie Bros.Auctioneers(America)Inc. Both Parties to the Contract
CTAt1°-02Rp'ro1 REPRESENTATIVE COPY / _".- -)
1
•
TERMS AND CONDITIONS OF THE CONTRACT TO ALUCTI %
z Rq
1. Owner and Auctioneer agree:
'•'nQtYnero berauthorizes
theneer to results uc ioa yattout title sear'gf such ches in respect of the Equipment at the expense of Owner,but in nO cares. lrlef0 a ty to conduct.o__
le search;
(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 1(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(10)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,property endorsed and,where ownership of the Equiprnett er arty part thereof is capabita of,or required to be registered,el
property 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 such documents
have not been delivered as required; .
(f) Owner shall:
() 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;
(i) insure the Equipment to its full insurable-value against all peels 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 shall 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) O 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.It Owner is in breach of this provision,in addition to any other damages which may
be assessed,Owner shall pay to Auctioneer all amounts to which Auctioneer would otherwise be entitled pursuant to paragraph 2 hereof based upon the fair market
value of the withdrawn Equipment(as determined by Auctioneer);
(i) Owner authorizes Auctioneer to utilize any part of the Equipment in setting up the auction;
Ul Owner indemnifies and saves harmless Auctioneer against all sults,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;
O The auction will be without reserve,the Equipment will be sold to the highest bidder and there will be no guarantee whatsoever by Auctioneer 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 lts 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 shall have the right,at its sole option,to register such lien under
- any personal property security or other laws as may be in effect.
2. Owner irrevocably assigns to Auctioneer all amounts due pursuant to this Contract and Auctioneer shall apply all amounts collected from the sale of the equipment as follows:
(a) As payment to,and reimbursement of,the Auctioneer for those amounts allowed by this Contract;
(b) For payments to lien holders and others as allowed by 1(g)()and/or 1(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(21st)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 shall be unenforceable by Owner;however,notwithstanding the foregoing.In the event the Equipment is sold,Owner shall pay to Auctioneer any deficiency arising
in the event gross proceeds collected frbm the sale of the Equipment are Insufficient to allow payment of those amounts.
' participate as a result of other activities of 0wner;AOc'1oFieer shall be entitled to
4. Should Auctioneer be required-ha part�c�pate in any action to eit�iei force the terms of thl9 ConlifBCt br
recover all its casta..ipcludiPG la iyer. f ,Op a solicitor 14[15 Cgtt posit, . •
5. Owner authorizes Atii fldlfber oriareemoses name,-trademark or logo id advertteing•th adation. •
6., 'Kitt Contract,which riiaj/be arriencletrbilitYirt yy��ttttrg,'Constitut $the entire agreement end takes-the place odpriid contracts or understandings between the parties and
enures to the'benefit o&and is brnding'6potfth klheirs,executiSrVi athn,h�i.Ts'b$tors,e"u�d�cc,re,s�'s'ors atld'assigne.
7. This Contract is sulyeot to and ahall,b0" r both in an ii CAe laws a.trlti i>;�i:ia.wtill n the audticirtoc;cxra.•
8. 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 23rd _ -- day ofAll&L18 t .___ ,2i:U�__
•
at W d County_ -. �__ _-in the State of Colorado
-`- _ Rohert D. Maad—___Pn_ _Chair------ -
(Signature) (Print Name)
•
Receipt and•Accept ce by Auctioneer of
�• Signoci Copyj ia.Fax BOO
Both Partial fip the Contract
• 1.
rbRITCHIE BRCS.
e,Vv`
„L,M,eers Ritchie Bros.Auctioneers(America)Inc.
/'� M 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
Company Name: "")�"{v l (o s
Year of Item Description- Encumbrance Amount Owing
Manufacture Manufacturer, Model, Serial Number, Description Holder on Encumbrance
16 'OHP £ EEi-C R 7 a c.+l t fT0K 9Raa E-
S1L Dw17beti
Ffr Atr Gaoutt 1`i Fr m&p/air CxI/ iii cog
►916 -36k-V) p%€14. 1•715 (.\A ►toT6P- OretitEL
FQr c,ime M ff Mg � a k GC / 01 C&
91-D 5a 1u D€Ef 62/7t) DL:: Ftcti i i(nom
5b, Dw rL S3 - 38
Dc/ ck-,
Nfi( 30lN TPA N0 MC1
q1 LT1obb Do
Ql 3 $ s/�l a'� e loy g64- iflPe c Ck
/1 .43 RM LT9Dtb IA at hi T0`^Ck.
If Dzvn9YS XI PV Wit-1
ad 3 cHoe, rtsT A) 5.AXPA) ph�� ,y Ff. go,� snwA s�,ceto96c_
Page Initials
of gyp(//�P\
8 Copyright Ritchie Bros.Auctioneers(America)Inc. V 1
CT AUC-02/A R07/01 Auctioneer Owner Owner Code
boy-
HEAD OFFICE COPY .3
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