HomeMy WebLinkAbout20031479.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
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
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 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 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.
2003-1479
PO0012
00 ; AC_
SURPLUS PROPERTY - 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 9th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORAD
ATTEST: iketM �I '`'Ei,, -
v E. Long, Ch it
Weld County Clerk to th :q
•t M �1 Robert D asden, Pro-Tem BY: Deputy Clerk to the Boardf',‘,4`..\\ ,p
M. . Geile
AP D AS `'c
William H. Jerk
unty Attorn Glenn Vaa
aa
Date of signature: fo
2003-1479
P00012
RITCHIE BROS.
• 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(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 delivered to the site/pf the u 'on by Owner s"Equipment")at an unreserved public auction lo be Itl at
•
IIL A.If onl or about 519N`t n1` , 20 or at such other place or date
as Auctioneer may at its sole di ration deem appropriate; -L
B. The Owner,Guarantor and Auctioneer agree that the terms and conditions of this Contract to Auction shalt 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 Equipment In a safe condition,In good runt order and free of hazardous materials,to the site of the auction as determined by
Auctioneer on or before V 1`Y 1 7 20 0
0. Owner authorizes Auctioneer to supply such glee/'and part 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 beat the expense of and paid by
Owner,provided however,that the liability of Owner pursuant tot paragraph shall not exceed the
sum of N dollars ($
E. Owner authorizes Auctioneer to supply fuel,batteries and tire air as Auctioneer determines necessary for the de station 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
5 S r ,\\,*LC `A 9
H. Owner aggre�es to pay Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows:
(a) x'76 for any lot realizing more than $2,500 and (b) 20% for any lot realizing $2,500 or less but with a minimum$50 fee per lot;
'..0 1% (c) A$25 documentation fee for each item of Equipment requiring title or registration documents.
I. In consideration of Auctioneer agreeing to enter into this Contract,the undersigned Guarantor guarantees and agrees with Auctioneer to duly pay any monies
which may become due by Owner to Auctioneer,to be bound by and duly perform and observe,punctually,each and every provision of this Contract(Including
the terms and conditions printed on the reverse hereof); provided, however, that the liability of Guarantor shall not be affected by
any extension of time,indulgence or any act whatsoever of Auctioneer done either with or without notice to Guarantor.
THIS CONTRACT TO AUCTION SIGNED ON OWNER: C. /�
20 Company Name: I_k)�'(.I O4 Cooly
AT Address: y D≤f g'b 75
Accepted by {� 1� ! Lk/ j^
RITCHIE BROS.AUCTIONEERS(AMERICA)INC. ' tS (��� `"V(� tp l
Authorized Person: �R}� �( n4({�J.pdJ4 " Title:
Signature: t•t r :•Jji'l,
Witness as to Owner's and Guarantor's Signatures: 1=r i . Long r Chair6/09/2003)
NOTE:Equipment remaints�at you nsk-see paragra li tj�on/tt a reverseher�etof. ^�,� tp p
Telephone: Business: , `7 O'I — 7 CUP Fax; (E l t') 1��p 7 "l 1
Owner's Bank: \, �.t
Residence:
Branch Address:
Contact: GUARANTOR:
Telephone: Signature:
D d .E. Lon Chair 0 9 200
Receipt and Acceptance by Auctioneer of OWNER CODE
Signed Copy Via Fax Binds
o Copyright Ritchie Bros.Auctioneers(America)Inc. Both Parties to the Contract 2003-1479
CT AUG02 RW/01 •
, to—con nrrrnr nnnv
TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION=
it ..
1. Owner and Aucikeieer
. . (a)...Owner authorizes ;pcarry ou title searches in respect of the Equipment at the expense of Owner,but in shaft Auctioneer have a duty to•conduct.
nor be ri3sporLstble for the reault$of any roll title search;
(bit Auctioneer may c�arry,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 enly,gf'Qvmer 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
es commission upon resale,an amount equal to twenty t5ercent'(2O%)of the bid price;
(e) Owner shall deliver to Auctioneer ten(10)days prtbr to the date of the auction$'all documents evidencing Owner's title to the Equipment all documents required to transfer
title to the Equipment to any purchaser,.properly endorsed and,where ownership of the EquipY15er3tidt.:dri pabt>tA eetif!isi;ee able`bit.b reG'ltitedlo:ble r8�is6sfedJ 11
properly endorsed documents necessary to permit purchaser to register ownership..Owner acknowledges that without such documents the sale price of the Equipment
is expected to be less than that obtained if the documents were provided.Owner nominates and appoints Auctioneer its true and lawful Attorney to sign,execute and
deliver"on its behalf,all documents required to:trariefertitle.and permit registration of:ownership of the Equipment by purchaser thereof in the event that such documents
have not been delivered as required;
-
(f)r
(I) be responsible for any loss or damage to the Equipment until the earliest of:
.the removal-of the-Equipment from the auction site by,the purchaser,•or•, •••-:a+c•. -. .•• .
(S) receipt by Owner of all proceeds from the sale of the Equipment; • a:r
C4 insure the Equipment to its_quit insurablevalte age"srst all,pertlsso that intheevefn'ot-damage to..or:desb'uction of the Equipment-or-any patt1hereof,all.insurance
proceeds shall be credited to the gross proceeds of the auction and payment made,to Auctioneer.torthwith for:
(A) commission,based on th0 fanr market value(as,determined by Auctlorieerr of the damaged or destroyed Equipment immediately prier to such'damage or
destruction:and i . .....
.(B) • repayment of ail'cash advane'es,If any,made by Auctioneer to or on bijialf of•, er with interest
.�tfi. tt1`ere6n �
(C) reimbursement of all out-of-pocket costs for refurbishing or1' pairs dolie by'At b hare&priorto the damage br da$ff iclion,••. `" '
Auctioneer shall not be liable to Owner for the lei*,damage,ior destruction to or of the.Equipm 'it:and Owner hereby releases Auctioneer-from any claim-for costs,
damage or expense arising out:of such event.howsdever caused . ..•, .• •
(g) (I) Auctioneer may make payments on account of any registered or unregistered charges,liens,taxes,or other interests claimed by any person of AUthorityin 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 Equipmentagainst any and alt loss,costs(including attorney's ferns)or damages
occasioned by such claims:
(h) Owner shalt not withdraw the.Equipment or any part thereof from:the auction sale.If Owner is in breach of this provisloh,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 peageapit 2 hereof based upocshe fair market
• value of ihe.withdrawn Equipment(as:determined.by Auetioneer)a.:.. t.:, :r :. . . ... -. . . .. .. ,..
(I) Owner authorizes Auctioneer to utilize any part of the Equipment in setting up tocsin Lion; "` -;;.
li) tioneer`a{f • charges artsif►g fund any►' resenteuibr s- Contained he�$Ifi Or from any
• Owner indemnifies and saves harmless At►c .. atr>st all st>ZtS,�aCtlon9',°ibsis6f whatsoever' .
breads of Owner's obligations,tncluding,-but not ltrnitedto,any Inaccuracy In the description of the Equipment; • - - •
Qt) -Atitiliitieet may,if it deems necessary'rezelittiort Any part of the Equipment not sold or not paid for at the auction and Owner hereby aC*ncWilZges that no monies'shall
p�
be payable by Auctioneer inllespect of any part of the Equipment until such part of the Equipment'has been paid for In full by'the aser thereof;
(I) 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; • . .'a• ;. •
(n)' Auctioneer Shall have alien and charge upon the Equipment and shall tie.entitled,in addition to all its rights under law;ttitaiza 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 maybe 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.lienholders and others as allowed.by 1 fg)(i)and/or 1(g)(il)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. it,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 py Owner;however,notwithstanding,the.foregoing.,(n the.event the Equipment is sold,Owner ahali pa r to Auctioneer,any deficiency arising
in the event gross proceeds collected from the sale of the Equipment are nsuffcient to aliow payment of'those'amounts. ; r'
4. Should Auctioneer be required to participate in any action to either enforce the terms of this Contract or as.a result of other activities bf Owner,Auogpneer shag be entitled to
recover all its.00sts,i icludinglawyer'slees on asolicitor and.own:dient-cost.basis. .,. , , . .. .. .�. •-, . .- . ...,..-._,.-... _..
'5'r`Owutlel-ae wrfzeitAuctlonelkoruseOWYner'sname,trademarldor10gbinadvertisingtheaucirbn 7 c .,t:, ;• :: • •
6.`This i
Contract,Which n y be'ari$ d r>� only in wrting oOnmtfutelas the entire agreement and tam the piece'of prioroneeCOOliegti#•qi,oicgratOtliOgs. the parties and
enures to the benefit iii and is brrtdthg Upon their heirs eitecufbis admfpietntators,successors arid'essighs. "
7. •This Contract Is sublecttoandshall tie determined both in and under-the lawsef the State in which the auction occurs. + ,... - . .•
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 indubing the Auctioneer to accept the engagement for
the sale of the Equipment.
•
Made this _ • - day OfV '3 20C -...-. .
at-_---- Z C Oka ti in the State of` Ch..t?1;p3 sJr-
•
�,.
• • ( ignature) • .. . 1' •(print Name)
•
;.,.
,
. :..,.x Receipt end'Acceptan -by Auctioneer f
Signed Copy .
Apth Parties t.Q tide ContractE. El
rbRITCHIE BROS.
Auctioneers Ritchie Bros.Auctioneers(America)Inc.
AVM\ V�,�+�r, 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: JetA �� /
J
Year of Item Description- Encumbrance Amount Owing
Manufacture Manufacturer,Model,Serial Number, Description Holder on Encumbrance
ter15 r 4,96 Mori)* C -
5F 7rVI1588 ,
a j1()FT'V ) AcCabj19 , ctiAa`k
p$ 54(- vhge(L -
‘616‘5. CAT t t)(2 ,Mob& GKagC2.
7'' 71vI16DL
, /6 CT m8 A/c cc6 ly. no K-at(
A416 1yc Al e7V$ .1
iiiti Fly 57 rc.. C-530 P\ a Whe€C Pitieuitivirc 4116K
S 17 I c a5 c'7 V
cyc 645
till 6a rka0 BLO as oA tin; 5nocArt Rocc.€ ,
(‘--7 /kb
DET(lori" vi, 1 goat d,&s
Page of L Initials
O copyright Ritchie Bros.Auctioneers(America)Inc. F) 0 L
CT AUC-02/A R07/01 Auctioneer Owner Owner Code
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