HomeMy WebLinkAbout20041546.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.
2004-1546
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 2nd day of June, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
,#t Es La WELD COUNTY, COLORADO
T�I�� : ! �� / � EXCUSED
1861 � ��� 1/42 ` Robert D. Masden, Chair
1� ti*•un k to the Board
�,`S�/� William H rke, Pro-Tem
Deputy Clerk to the Board
M. J. ile Q
APPR DAS e •R QA41,
David . Long
�ountyAttor ey 12AA,,,— 00
_1§-09)
0.1§-09)
Glenn Vaad
Date of signature: 4/607±'
2004-1546
P00013
rb RITCHIE BROS.
Auctioneers Ritchie Bros.Auctioneers(America)Inc.
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(the"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 delivere0 tp a site o auction by Owner(the"Equipment")at an unreserved public au(c1[' n to be held at
f� the on or about J R/J E , 20 0\i\ or at such other place or date
as Auctioneer may 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,deliver the E'Qu\�ip��ent)inra_safe condit ning i ,in good run order and free of hazardous materials,to the site of the auction as determined by
���
Auctioneer on or before �3�pJQ / ,206
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 10%of such amount shall be at the expense of and paid by
Owner,provided however,that the liability of Owner pursuant to this p graph shall not exceed the
sum of dollars ($ •
E. Owner authorizes Auctioneer to supply fuel,batteries and tire ' as Auctioneer determines necessary for the de stration 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 jurisdiction 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
I q` LIp v v f pi462- ef- NI
f F 4.176&Jt'l1LFT (5J 6(c Gag? ms KY/ / , a� a1/4-(
rCa�ttni ?
H. Owner agrees to pay Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows:
ss ,.mri 350 revyin hA,
(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 duty 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.
THIS CONTRACT TO AUCTION SIGNED ON OWNER: T ,�.r
20 Company Name: . J COL( AJf 1`f
AT a/ Address:
Accepted by I`,� I , .q-.- tcQL y(n�B ,gyp g o G32
RITCHIE BROS.AUCTIONEERS(AMERI INC. Authorized Person:1 M r f/Q i,4C O Title:
Signature:O,cast.
Witness as to Owner's and Guarantor's Signatures: William H. Jerke, /D
Chair( Pro-Tem 406/02/2004)
NOTE:Equipment remains at your 7risk—see�paragraph 1(f)on the reverse herreo. R,,
Telephone: Business:0l) Ny `( (q(a u o): ( l r LI 97
Owner's Bank:
Residence:
Branch Address:
Contact: GUARANTOR: /
Telephone: Signature ' [�•+",
William H. Jerke, Chair Pro-Tem (06/02/2004)
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 ')/','�lt-/_ IS c(//
CT AUC-02 R07/01 HEAD OFFICE COPY X`�
TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION.
.;• ;.f -
1. Owner and Auctioneer agree:
(a) Owner authorizes Auctioneer to out title sear' n respect 'carry of the Equipment at the� �:"arse of Owner.but in no f,11B!shall AC1CUon�r ftbive a duty to conduct,
nor be responsible for the results of any such title se,ir,:t,
(hi Auctioneer may carry out the auction in accordance with its usual procedures.and in particular may group vinous parts of the Equipment into such lots a'i it sees ft:
tu) 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 ercvision.
the Equipment snail be deemed not sold,the provisions of paragraph 1(k)shall apply and in addition to any other remedies heroundcT the Owner shall pay to r,,:ctioneer
as commission upon resale.an amount equal to twenty percent(20%)of the bid price:
let Owner shall deliver to Auctioneer ten(10)days prior to the date of the auction:alt 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 elr arty pert thereof is.caa3able ot,or required 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 Fquiptttent
:s expected to be less than that obtained it 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 riot been delivered as required;
•
(t) Owner shall:
N be responsible for any loss or damage to the Equipment until the earliest ot:
•
• (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: .
(i4 insure the Equipment to its fit Insurable value against all perils so that in the event of to or destruction of the Equipment
damage q ipment or•atry part thereof,all Insurance
proceeds shall be credited to the gress 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,rf 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) (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 arty 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 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);
(it Owner authorizes Auctioneer to utilize any part of the Equipment in setting up the auction; • •
(j) Owner indemnifies and saves harmless Auctioneef against ensues,actions,costs or charges whatsoever arising from'Any representations contained herein or from any
breach of Owner's obligatIons,including,but not limited to,arty Inaccuracy In the description of the Equipment;
(k) Auctioneer may,if it deems necessary.re-auction any part of the Equipment riot 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 purehasser thereof; •
() Tine auction will be without reserve the Equipment will be sold to the highest bidder and there will be no guarantee whatsoever by Auctidieer 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 Tien 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 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 ten holders and others as allowed by 1(g)()and/or 1(g)Oi)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 from the sale of the Equipment are insufficient to allow payment of those amounts.
4. Should Auctioneer he required to participate in any action to either enforce the terms of this Contract or as a result of other activities of Owner,Auctioneer shall be entitled to
.recover all its costs including Iawyer:a fees on a solicitor rid own clefit cost.basis. . - ,. - -
5. Owner authorizes Auctioneer'or use OWrites name;trademark or logo in sdvertislrir the auction. •
6. This Contract,which may be amended-only in writing:constitutes the entire agreement arid takes the place of prior contracts or understandings between the parties and
enures to the benefit of and is bindine upon their heirs,exebutors.administrators,successors and assigns.
•7,. This Contractes subject to and shall be determined-both in and under the laws of the State In wbic)i the auction&airs. '. -
B. 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_-• - -- �..T. day of June._..-..-_.....---- -,20 04_-
at .___.._ Weld Com Y---- -------------��Y in the State of _- Colorado
•
411T-17; / -
� �,,'+-! William H. Jerke, Chair Pro-Ten
(S;gnature) (Print Name)
•
Receipt sad Acceptance by-Auctioneer Of
Signed.0opy ilia.Faa .Bipfis
Bgth,Parties to the.,Cgntract
•
Auctioneers Ritchie Bros.Auctioneers(America)Inc.
3901 Faulkner Drive,Lincoln, NE USA 68516-4738
Tel:402-421-3631 •Fax:402-421-1738
Internet:www.rbauction.com
SCHEDULE A
11 Part of a Contract to Auction
Company Name: L) ELP c. lk
l
Year of Item Description- Encumbrance Amount Owing
Manufacture Manufacturer,Model,Serial Number,Description Holder on Encumbrance
a) \ CO C %L c wh€F.l Lz &&c c-
r7C, .715gB3
fA gkV) GM, 23 ,c- 25
1 r�� / rhack -r� AAwy TPAck
syklIMPQ (O1 YoNMo1 3.253
4� - E -7 3th grel/ S girl r)5 Sas/ a0,a 1-d /9 FT Box
J 1991 7 Atli;cl< i� (wk. e7-840- & / /c�-� /piai9 Xi Nh o i l 201?
1 c? 1,3 SO) O6syA/ 511145 Sttyy) 'a0) Wg `
)111 FDM cob 6t4 S + TAINT Yj,2(Pec i ttuck
S IflyO 4
oVuASa4o
r -311.01, AIT , 024stmegAtitt9w'f5 sir/ cA,J 344 l cc,eF 4 c�
A/ Cr ,(j l
9 t c S5 f -a 1L . king 15to- Sty a T C.bw 4oy
I"- CFA }ka ¶ F 0C-5gas
qa *ins 5(4st/ Nye\ Dam Ch ticcct/ SEL5f CANTi im( J 11 Ft PCCK toW(K ti
�P51( ?4q5 ) 1oR - ►1 ,5
1,15 1-WA (443 i. 9 whEeL P&c ,,e f I c 4Cc.E(L
Ll cyC D!C 5EL
Initials
Page I of 1L, /l
®Copyright Ritchie Bros.Auctioneers(America)Inc. R7 W� 1 r0 H 1
Cr AUC-02/A R07/01 Auctioneer Owner Owner ode /
HEAD OFFICE COPY
ITEMS FOR JUNE AUCTION AT RITCHIE BROTHERS
UNIT# YEAR MODEL MAKE SERIAL NUMBER , MILEAGE/HRS VEHICLE TYPE
15460022 1992 Mack 1 M2P267Y0NM013253 295032 miles Tandem truck
15830008 1980 Caterpillar r 76J15483 966C loader
15820079 1994 Caterpillar I 72V16632 13428 hrs 140G motorgrader
15410034 1991 Mack 1 1 M2P267Y9MM011208 277329 miles truck tractor
15470004 1989 Ford 1FDYD80V2KVA50408 I 113016 miles highway striper
1%60004 1985 Trail King 1_ 1TKH03922FM065905 5th wheel trailer
16030002 1995 Hamm I 37493 5197 hrs GRW18 pneumatic roller
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