HomeMy WebLinkAbout20011507.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 item "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., 821 County Road 27, Brighton, Colorado 80601-9365, 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 item "G" of 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., 821 County
Road 27, Brighton, Colorado 80601-9365, 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.
2001-1507
OLD PHA /4 Y,7yo/aud) P00010
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 6th day of June, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
�►A��� WELD CO TY, COLORADO
L) ..� 'ATTEST: get#
j 1861 t,;
=' M. J. eile, Chair
Weld County Clerk to� aO�':�'/ EXCUSED DATE OF SIGNING (AYE)
Glenn Vaad, Pro-Tern
BY:
Deputy Clerk to the Boa 41AA,
Willia Jerke
"PPO ED AS
David E. Long
unty Atto ey
Robert D. Masden
2001-1507
P00010
MAY.24.2001 3:57PM RITCHIE BR0S BRIGHTON (DENVER) NO.602 P.2/4
RITCHIE��y BROS. Ritchie Area
Auctioneers(Arleta)Inc.
♦♦1'>1�/GQ 3001 Faulkner Dylve,Lincoln,NE USA 98506.0429
Tel:(402)4214631 •Fax:(402)421-1738
Internet:www.rbauction.com
COMT ACT TO AUCTION
To: RITCHIE BROS.AUCTIONEERS(AMERICA) INC.
Pear elm
A The undersigned(the"Owner,Insatiate Ritchie Sine.A:apo,mem(Mier*)Inc.(1ho^A4cl Eneel to BOIL re Its agent,the Items set out In Clause G below together wlm any additional
4,23 dal m alto of the aucpaonyy Owner(he•Equipment")at an Ib auction to be held at +•�
`+•. rJ ` 0-1 on or about�CA—na 4s 20 ._ or et such otter Place or dale
ee AuclaNa may at Is ede*clew deem appropdela;
B. Ttha Owvne,Guarantor end Auctioneer agree that the tame and condalons of this Contract to Auction shall to those sat out hi:wafre and on he reveres hereof and by executing this
Contrast Owner end Guamtor extend to Audleitaer the repreeentora s and warrantee harsh:
C. Owns shell at his Wra,ddye tte ryrnontN,r�h a eafeccfr�( In geed runnig ceder rid tea of hazardous Metals.to the alts of the auction as dahmlllned by
Auctioneer on or before , \I
o. Owner authorizes Audbnonr to supply midi giese end parts and to rainy such Waking,Sam Seeing.sandblasting,minting.and c111er tadanng and Incurreponsetorthe moving,
ba+linn,and storage of the equipment ma Auctioned'at its Bob dlageaon determiner,and di costs peth a our:Merge ague]to 10%of each amount steal be at the expense of and peg by
Qmec hewn debility of�gpsna j,aerator 70 this n e call tit" Pc �,q, � ,,/�
rum of a� e. "4i4� f.G I�iA/� dollars G /ei�•a've
E. Owner a thorkes Auoaoneer to supply fuel.baltales and tire repair to Auaeoneer daemfss naeuxaiy teethe demonstration end sale of the Equipment end at costs loaned Sid be
at the expense of 0000 Pond by Owner
F Oaftr represents and warrant.
W the Equipment Is In a ste carnation,in good running order,free of heyardoua metsrldo and eras new been contaminaad by any hazardous materiel whatsa0ver,
(a)the Equipment to cannlotpy and accurately described as set out in Clause G belt
(d Oa Is the owner i$record end ben a idol owner of the Equipment end the Equipment le not aubloot to ony swim by any poison or to any registered or unregistered charger,Ilene.
Cr thereat"of any natre excepting only es fully set out in Clause G below
CO the Equipment b not subject to the colecaon at Meagan of any truth,Yens or dolma of any oniony of competent Iunselleaon of any kind end nature,notwithstanding any pest.
that or faun Who to whldl the Equipment may ha'e been,presently is or Irarasftw may bo put;
G. Comphre and aceaato description of the Equipment and any encumb t s OW Ilene thereon or contrary Interests thaeln are as follows:
Year of Item Peecdptlan- Encumhance Amount Owing
MenufeApre Menufaobaer,Model,Serial Number.Peedfpdon Holder (If none slats'nf') on Enasnhrenee
/ I leap Ccr+ /904/ Adeo/r- ictrea Pr
/2iiri7//
a. 1911 Ca.-F /ft A- MoAsp
j& 7.2V/44p
3. 1992 ( 4? I o e- Mohr 4"kt✓se
S✓N -SktJ)nl(a/ 7
triH. Owner a roes to pay Auctioneer an auction commission seed on the gross sole price of the ggylpment or any pert thereof as follows:IV o COMM" S std'Al
(c) A$25 documentation fee for oath Item of Equipment requiring title or repfetnaton dooumente,
I. In consideration or Auctioneer agreeing to enter into title Contract,the Ifnderaigned Guarantor guarantees and agrees with Auctioneer to duly pay airy monies
which mew become due by Owner to Auctioneer•to be bound by end duly perform end elusive.punctually,each and every prevision of this Contract(including
the terms end condition printed on the reverse hereon; provided, however. that the liability of Guarantor shall not be affected law
any extension of time,indulgence or any act whatsoever of Auctioneer done tither with or without notice to Guarantor.
THIS CONTRACT TO AUCTION SIGNED ON OWNER: j?W C//�• /
20 Company Name Wow 170 R� 4T- EeiGY"st
AT . Addraon?.n • "R O sc 7CR'
AccePtedb A� e� �r ey 1'O 3 ^RITCHIE Sfl�AUC S0NEERS(AMERICA)INC. M. Je (06/06/�� tile; e,G('.hatr
Authorized Person:iWit mess es to Owner's and Guarantors Signatures: Slgneti e� (`�l
NOTE:Equipment remains at your ride-see paragraph 1(0 on the mvaso hereof.
Teiephnna Business:1W, Fete 970 - 9019
Owner's Dana:
Residence
Branch Address:_ CCnyt."f C e t.!8.5
Contact GUARANT
OR
: ,,''// II
Telephone: SlgneWrq:lc,•/ / Au./
``'-'191 J. G ile Chair Weld Count Boa in,nioners
Receipt and Acceptance by Auctioneer of OWNER CODE
Signed Copy Via Contract
Binds164
b CP igm Wrath arve Auctioneers Vu{AmandaInc. Both Parties to the
OT AUO-021102/01 HEAD OFFICE COPY 2001-1507
MAY.24.2001 3;58PM RITCHIE BROS BRIGHTON (DENVER) • NO.602 P.3/4
TERMS AND CONDMONS Or THE CONTRACT TO AUCTION
•
1. &ter and Auctioneer agree
W Owner authorhae Auctioneer to eon out ate eearn%In inspect of the et the expense of Owner,but In no case shell Auctioneer have a duly to conduct. .
not be reepontple for the hearts of any such We starch:
(b) Aueddneer may carry Out the auction M accordance with Its usual procedures,end In pateuler may(pinup vatigue pada of the Equipment Into such tote ar It sews ih
(c) Aucttaneer is constituted as an agent only of Owner and not @ prhmtpal in the sale of the Equipment
(tfl Nelms Own%,nor any pawn,corporation affiliated with,or agent at Owner shall bid on to Equlitment at the auction:in the event Owner is in heeds%of this provision,
the Equipment shall be deemed not sold,the awl:lone of perograph 104 Shell applY end in octagon to any other remedies hereunder the Owner edge pay to Audianser
as commission upon resole.en amount equal to twenty percent(20%)c the bid pries;
fe) Owner shall deliver to Atrctoneerten(101 days prior to the date of the modem ell documents addtn dng Ownersttie to the Equppmen.all documents requited totranla tape to the Equipment to any purchase,Properly endorsed and,where ownership of the Equipment or any Pan thereof le capable of,or required to be registered,ant propertyendorsed documents necessary to permit purc{Iaeer to register ownershtp.Owner aehnowlegges that without such documents the sale price of the Equipment
delverownhabehalf�dfddeou Man men%requiredted if otr ioitlxtryleandper�mitregistration aownersnl Ogle inates and cheat*mentbypuhha true end lawful the ev aoelan,execute and
have not been delivered as required; P Equipment by purchaser mered in ev tear such documents
IC Owner shall:
m be responsible for any loss or damage to the Equipment until the earliest of:
gtale remove d the Equipment form the auction ate by the purchaser:or
l�) receipt by Oster of ad pseuds horn the sale of the Equipment
dA teem the Equipment to de full Mutable value agallet all pet so that in the event of damage to or dastucpon of the Equipment or any pert thereof,all Insurance
proceeds shell he ceditad to the gross proceeds of the auction and payment made to AuogonoerforeWth fen
(A) comfaelan,bawd on the fah marker vamp as determined lay Auceenes of the dernsgad or destroyed Equipment Immediately odor to such damage Cr
deeauctlort and
rsppaymxn of tae with advances,If any,mode by Auctioneer to Or on behalf of Owner together with Interest thereon;sad
ramburnement of all apt-ofbodcet cues for,efuratshlrq or repairs done by Auctioneer odor to the damage or deaucdom
Auctioneer Sall not be SOW to Ovate for the loss,damage,or destruction to or of the Equipment,end Owner hereby releases Auctioneer from any claim for costs,
de Verse fling out of such went hevisoaver caused:
(e It Auctioneer may make payments on eocount of any registered or unregielaied clihrges,tenet fires,or other Interests claimed by any person or author*in respect
of the Equipment wire a c not disclosed on to revotto hereof in order to dear tide to the Equipment and
n Owner shall Indemnify and save hamlets Auctioneer end any purchasers of the Equipment agabet any and all lose,costs dnduding ettornay>s fest)or damages
occasioned by such sterna;
any arty
MI be assessed.OWner a Owner shed pay ettall net withdrew the go Auchbmnear all armor rite to which Auctioneer would otherwise beentitledc mugs ant to pa In ragraphh 2 to hereof based damages which may
value of the withdrawn Equipment(ere debmwied by Auctioneer): Pupon fie lea market
W Owner authorizes Auctioneer to weds any pelt of thee Equipment In waling up the auction:.
W breach Sa mnale onl s or a harming
Including, noteer rnitednet ell ections,Cosa or ccolrmmes whatsoever wising acre any lepreomatpans contained hemin or from any
Ad b ea 0 may,if it deems necessary, am inaccuracy In the deeerfolon of the Ego}trnenb
be psyche mAucdaeer in melted or ea y p noslye m of the Eghipmam not sold or not paid Tor at the auction and Ovnler hereby edam ow.edges that no monies ofwli the Equbmsm until such port of the Equlpmem has bean pelt:bin in MI by to purchaser thereat
(I The
be auction t without ofre thee Equipment
mom will be sold the highest parader and there will be no guarantee whatsoever by Auctioneer as to the gross needs
fin) Owner will comply with eta laws relating to the ate of The Equipment
W Auctioneer shall have o lien end charge upon the Equipment end shag (Mad,add,in sadden to ell Its Are under kw,to sake and retain possession of to as security lot,and/or soil me Equipment to recover,all awe reu
owing to Auctioneer hemmer.Auctioneer Ghee have the fight,at Ile sole option,to eny Personal Property murky or ether haws as may be in effect he�atef stwh�ee,nui u reeM
2. Owner Inevooaby asalms to Auctioneer all amounts due puritan to this Contract end Auctioneer shall epplYall amounts collected wore the sale of theequipmeht as follows:
(0 As payment to,end reimbursement of,the Auctioneer for those amount)allowed by this Contact
fbl For payments to lien troWers end others as allowed by I(gXA,endror l(aO))above;
(o) Balance If any.will be mailed to the Ownec by PrePald poet or as otherwise motto*in wilting,on or berate the twentyPrct drag day following the auction.
5. IContract f,In the op(nbn of the Auctioneer,there la Insufficient utty In the Equipment to pray toss amounts allowed by this contract then,at the sole option of Auctioneer,the
in mcigllobees proceeds Sleeted Or)fromnor the ed sale thewever.��me foregoing,In the oven Me Equipment le sod.Owner shell
pmern are Insunkrent to allow payment of those amdunp. pay to Auctioneer any deficiency et'leIn9
4. Should Auctiuper ea roqulrad to Pauldpate to any action to either enfaroo the rose of this Contract Or as a Mug of other activities of one,Auctioneer stall be opened to
recover all It coats Including lawyers fees on d anliplsa end own client cost basis
A Owner authorizes Auctioneer Of Me Qwnarb,name tradmnrk or logo In advertising the auction. •
& enures Con arc benefit which
Of may be end bindingamended only In writing,oonstltutoa ma entire agreernern old*es the Place of Pda contacts or undpstendings between the PM*and
s.
7. file Contract la wares to and shall be camN both h and under the awe of the Slate nl which the euodon wows.
s. Receipt by Auctioneer vte faa1Mb of a signed copy of this Contract shall upon acceptance by Auctioneer,be considered binding on both Parties.sole and that the re��s eoaffidan an ern(the agent*make the Ownermade of athin the sot out on the reverse hotaot end as such(lave knowledge of the matters set cut in tills Contract's,Notion
the ache of the Euipment. are mPbte and hew been made her the purpose of Inducing the Auctioneer to accept the engagement for
Madsmis 6th day of June
20_12.1_ •
z G;gel
X inthe State DT Colorado
�� (//�
M. J. Geile, Chair
(Gigratwre)
Print Name)
•
Receipt and Acceptance by Auctioneer of •
Rimed Copt Via Fax
Rinds
[":1
Contract
.
Roth Parties to the Contract
rbAuctioneRnommot.
Flitch k Bros.Auctioneers(America)Inc.
821 County Road 27,9rlghtan,CO USA 80603-0365
Tel:(505)659-3962•Fax:(908)659-2902
Internet;www.rbauctlon,com
SUCCESSFUL AUCTION TIPS
• Please note the delivery date on the Contract to Auction. It is
important that your equipment be in our yard on or before that
date. This gives us time to prepare your equipment for sale as,
well as giving potential buyers an opportunity to view it.
• When sending your equipment to the sale site, please make
sure that all equipment will start (ie. good batteries), there is at
least 50% fuel and the oil and water levels are checked, as well
as confirming the antifreeze is adequate to meet winter sale
temperatures. Make sure you send keys with the equipment or
you will be charged for the replacements.
• All equipment delivered to the sale site must be on a signed
contract. Your Ritchie Bros. representative must be
notified in advance of any and all-contract additions and/or
deletions. Please do not send additional items unless we
are notified first.
• Our auction site is located on the east side of Hwy 85
approximately 2 mile north of Brighton.
Thank you,
Ritchie Bros. Auctioneers Inc.
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