HomeMy WebLinkAbout871142.tiff RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS AND AUTHORIZE CHAIRMAN
TO SIGN CONTRACT TO AUCTION
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 Administrative
Manual require that all items disposed of be declared surplus by
the Board of County Commissioners, and
WHEREAS, the County has identified, on Exhibit "A" , certain
pieces of equipment no longer needed by Weld County and
recommended to be sold.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Board hereby
declares all items listed on Exhibit "A" as surplus property.
BE IT FURTHER RESOLVED by the Board that the Board hereby
authorizes the sale of all items on Exhibit "A" at an auction to
be held Tuesday, September 22, 1987 .
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign the Contract to Auction with Ritchie
Bros. Auctioneers International.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 31st day of
August, A.D. , 1987 .
y BOARD OF COUNTY COMMISSIONERS
ATTEST: Tewndf�,J WELD COU TY LO O
Weld County lerk and Recorder
and Clerk to the Board Gord" . Lac , irman
C. : K3rby, Pro-T
D puty County rk .M%?n ti e _Q,
APPROVED AS TO FORM: Gene R. Brantner
6juel a J• tion
, County AttorneyY EXCUSED
Frank Yamaguchi
coy � L -" . �r�" '
�a �'J(': %?vo,.,rtc, 871142
EXHIBIT "A"
Equipment No. Serial No. ITEM
1582003 13K3965 1971 Cat12F Motorgrader
1582004 131(5039 1973 Cat12F Motorgrader
871142
t Try-fir'' aSt4R� w7n,,.
RITCHIE BROS. Auctioneers Int'l.
— Limited Partnership
To: RITCHIE BROS. AUCTIONEERS INT'L
—Limited Partnership CONTRACT TO AUCTION
821 Weld County Road 27
Brighton, Colorado 80601
Telephone (303) 659-3962
Fax(303) 659-2902
Dear Sirs:
A. The undersigned (the'Owner') hereby instructs Ritchie Bros.Auctioneers Intl— Limited Partnership(the"Auctioneers')to sell the items hereinafter set out(the'Equipment')at an
' et. I , r i ) ? i
i; .r a�xTr',., ,... :.r. on or about . . _ ,n9
or ats such
public auction or ro to be held at
or at suchother the Convenantor nsuch a tdatecti the Ars agree thstthe at itstam n ctn itionstionoft is mCo tract to Ate; onB. Ths Cwnerentl the rtheand the ntor Auctioneers to the that theterms and presentations Contract to Auction i shall t those set out hereafter and the and ve the or and
hereof and eagree to
this Contract the Owner and the Convenantor extend to the Auctioneers the representations and warranties herein set out and the Owner and the Convenantor and the Auctioneers agree to
those terms and conditions;
C. The Owner shall,at his cost,deliver the Equipment in a safe condition and in good running order,to the site of the auction as determined by the Auctioneers on or before
D. The Owner hereby authorizes the Auctioneers to supply such glass,parts and batteries and to carry out such welding,steam cleaning,sandblasting,painting,repairing and other refurbishing
and incur such expense in the moving,hauling,storage,and service calls in respect of the Equipment all as the Auctioneers in its sole discretion determines and all costs incurred plus a
surcharge equal to 10%of such amount shall be at the expense of and paid by the Owner,provided however,that the liability of the Owner pursuant to this paragraph shall not exceed the sum of
z o Thousand Piv72 Htrnclreti3
dollars($ .'�n ),
E. The Owner hereby authorizes the Auctioneers to supply such fuel as the Auctioneers in its sole discretion determines necessary for the demonstration and sale of the Equipment and all costs
incurred shall be at the expense of and paid by the Owner;
F. The Owner represents and warrants:
(a) the Equipment is in a safe condition and in good running order and is accurately and completely described in the Schedule set out below,
(b) the Owner is the 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
or in any way arising save and except as set out In the Schedule set out below;
(c) the Equipment is not subject to the collection or attraction of any taxes,liens,etc.,of any Federal,State or any political subdivision thereof 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 details of the Equipment are as follows'.
Year of Item and Encumbrance Amount Owing
Manufacture Serial Number Holder (if none,state nil) on Encumbrance
1077 Cat 12 r " 7tor "'ra;_ oY ",-r=t i ;.ear
0.-;,75:1739
_ cools._ 1. {24 t.ir2.. ..
'.4 ° ,r W�}wt- ., , cal?, Air �.x
1°71 Cat 12^ Motor C'racl:sr
3/N 131❑96::
c/psi 14 ' ".B. hr/hyd . r `u t171r O1.1.1 '_ extension
r
cab. air cooler, 14 . !)0x24 tires .
H. The Owner hereby agrees 10 pay the Auctioneers an auction commission based on the gross sale price of the Equipment or any part hereof as follows;
(>% w .9"Wt(I r ? MilefOilefO 4�K OKY 1 0 Straight l .c nnz7 .:;ion
(lo nng y lar'R,ITI 4 met.xxX;
I. In consideration of the Auctioneers agreeing to enter into this Contract,the undersigned Covenantor hereby guarantees,covenants end agrees with the Auctioneers to duly pay
any monies which may become due by the Owner to the Auctioneers,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 liability of the Covenantor shall not be affected by any extension of time,indulgence of any act
whatsoever of the Auctioneers done either with or without notice to the Convenantor.
THIS CONTRACT TO AUCTION SIGNED ON OWNER:
S?_,l CrMilt",
tg Company Name: " (please Print)
AT Address: .i1. )x 7 r 8
Accepted by r:
RITCHIE BROS.AUCTIONEERS INT'L 'C7"t� 1."'T r .olor;_ t ) --�
—Limited Partnership
KENNY Y. i" 'T^ _r„r Authorized Person:
Signature:
Witness as to the Owner's and Covenantor's Signatures:
Title'
302_.^.,'(C_.4 01
Telephone:Business:
Bank
Residence:
Branch
COVENANTOR:
Contact
Signature:
Phone
PD I AD SD I Yes No I CR CD
I ❑ ❑ I
•
R3 87 `�: OWNER'S COPY g'71142
{ ~TERMS D CONDITIONS OF THE CONTRACT Tt JCIION
1. The Owner and the Auctioneers agree: „/.
(a) The Owner hereby authorizes the Auctioneers at the absolute discretion of the Auctioneer*to carry out title searches In respect of the
Equipment at the expense of the Owner.hut in no case shall the Auctioneers have a duty to conduct.;tor be responsible for the results
of any such title search;
(b) the Auctioneers may carry out the auction to accordance with its usual procedures.and In particular ;nay group various parts of the
Equipment into such lots as it sees fit unless the Owner notifies the Auctioneers in writing prior to the auction that any parts of the
Equipment are to be sold in any particular lot. If no notice is so _given: the Auctioneers shall not be liable for any loss or damages
claimed in respect of the lotting of the Equipment;
(c) the Auctioneers is hereby constituted as an agent only of the Owner and not a principal in the sate of the Equipment;
(d) neither the Owner,nor any agent or associate of the Owner shall bid on the Equipment at the auction;
(e) the Owner shall deliver to the Auctioneers five(5)days prior to the date of the auction all documents evidencing the Owner's title to the
Equipment.all documents required to transfer title to the Equipment to any purchaser thereof.properly endorsed and,where ownership
of the Equipment of any part thereof is capable of being or required to be registered, all such properly endorsed documents as are
necessary to permit any purchaser to register ownership of the Equipment.The Owner acknowledges that without such documents the
sale price of the Equipment is expected to be less than that obtained for such Equipment accompanied by such documents.The Owner
herebexecute and deli er all such documeutes and ntsoints the requi requctioneers its true and uired transfer title to and permit regul istration of for rt and in its name and on itsownership of the Equipment behalf nd by any
purchaser thereof in the event that such documents have not been delivered by the Owner to the Auctioneers as required;
(f) the Equipment shall remain at the sole risk of the Owner until the happening of the events hereinafter described.The Owner shall:
(I) 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 the Owner of all proceeds from the sale of the Equipment;
(ii) insure the Equipment to its full Insurable value against all perils 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 the
Auctioneers forthwith for:
(A) commission, based on the fair market value as determined by the Auctioneers of the damaged or destroyed Equipment
immediately prior to such damage or destruction;and
(B) repayment of all cash advances it any,made by the Auctioneers to u; on behalf of the Owner together with interest thereon;
and
(C) reimbursement of ail outiof-pocket costs for refurbishing or repairs done by the Auctioneers prior to the damage or destruction;
The Owner acknowledges and agrees that the Auctioneers shall not be liable to the Owner for the loss, damage, loss of value or
destruction to or of the Equipment, howsoever caused, and the Owner hereby releases the Auctioneers from any claim for costs,
damage,or expense arising out of such event howsoever caused including,but not limited to,the negligence of the Auctioneers.
(g) in connection with any registered or unregistered charges,liens,taxes,duties or interests claimed by any person or authority in respect
of the Equipment whether or not disclosed on the reverse hereof:
(I) the Auctioneers may make payments to any such claimant in order to clear title to the Equipment;and
(ii) the Owner shall indemnify and save harmless the Auctioneers and any purchasers of any part of the Equipment against any and
all loss,costs(including solicitoriclient costs)or damages occasioned by such claims and defending such claims;
(h) the Owner shall not withdraw the Equipment or any part thereof from the auction sale and,if the Owner is in breach of this provision,in
addition to any other damages which may be assessed,the Owner shall pay to the Auctioneers all amounts to which the Auctioneers
would otherwise be entitled pursuant to paragraph 2 hereof(and the commission payable in respect thereof shall be based upon the
fair market value as determined by-the Auctioneers cd such withdrawn Equipment);
(i) the Owner authorizes the Auctioneers to utilise any part of the Equipment in setting up the auction;
(j the Owner shall indemnify and save harmless the Auctioneers against ail suits,actions,costs or charges whatsoever arising from any
representations contained herein or.front any breach of any of the Owner's obligations hereunder, Including,but not limited to,any
inaccuracy in the description of the Equipment;
(k) the Auctioneers may, if they deem It necessary, reariCtion army part of the Equipment not.sold or not paid for at the auction and the
Owner hereby acknowledges that no monies shall be payable by the Auctioneers in respect of any part of the Equipment until such part
of the Equipment has been paid for in tun by the purchases 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 the
Auctioneers as to the gross proceeds to be realized from the sale of the Equipment;
(m) the Owner will comply with all laws relating to the sale of the Equipment; •
2. The Auctioneers shall apply all amounts collected by it on account of the sale of the Equipment.
Ktin payment to the Auctioneers of its commission in the amount of:
(i) an auction commission of 10%if the gross sale price of the Equipment subject to the provisions of subparagraph 2(a)(ii)hereof;
and
(ii) an auction comntissio,i of 20%01 the woes sale price of the Equipment if such Equipment or any lot into which the Equipment has
been separated realizes S500.00 is.'less
(b) in payment to the Aucuonecrs of al; taxc-s. cubes Jr charges levied or iinposed by any competent authority on the Auctioneers'
commission,
(c) in reimbursement to the Auctioneers of all expenses incurred by the Auctioneers in carrying out the provisions of paragraph O on the
reverse hereof and paragraph f(a)above.
(d) in reimbur se'rncnt to the Aiictin;teers of er ,trite rrt in respect of the Equipment paid or incurred by the Auctioneers pursuant to the
provisions at subparagraphs 1(y)(i)or i(y)(h)hereof,
(e) as to the balance,if any,mailed to the Owner by prepaid post,or on Its behalf in accordance with its written instructions on or before
the twenty-first(21st)day following the date of the auction of the Equipment:
3. Toe Owner hereby irrevocably asmeims to the Aeseioneeiss ail amounts due pursuant to paragraphs 2(a),2(u)arid 2(c)hereof;
4. The Owner shall pay to the Auctioneers any deficiency arising in the event that the gross proceeds collected by it from the sale of the
Equipment is insufficient to show payment or nrtiurbtsrseinent to the Auctioneers ot amounts due to it pursuant to paragraphs 2(a),2(b)and
2(c)hereof;
5. In the event the Auction Firm is required to reider the services of an attorney,or if any suit,action.or proceeding is instituted to enforce any
of the terms.covenants or conditions of this contract,the Auction Firm shall be entitled to recover its reasonable attorney's tees and costs
to be fixed by the trial court and,if any appeal is taken from any decision of the trial court,such further sum as may be fixed by the appelate
court as Auction Firm's reasonable attorneys'fees.
6. The Owner authorizes the Auctioneer to use the Owner's name,trademark or logo in advertising the auction.
7. This contract constitutes the entire agreement and takes the place of all prior contracts or understandings between the parties hereto and
enures to the benefit at and is binding upon their heirs.executors,administrators,successors and assigns.
IN THE MATTER OF the Contract to Auction set out on the reverse
State of +county . hereot and the items therein set out(the"Equipment")
r;t the . . . of_
in the State of . . . , . ..do solemnly declare that:
1. I am(the agent of)the Owner of the Equipment set out orr the icverse nereof and forming part of this rr,y Declaration and,as such,have
knowledge of the matters hereinafter deposed to
2. The representations and warranties in respect of te,r•-Equipment are accurately and completely set out above and on the reverse hereof'and
particularly the Equipment is not subject to any mortgage,lien.charge or encumbrance of any'mature whatsoever,registered or unregistered.
except as set out on the reverse hersof;
3. I make this solemn declaration for the purpose of Inducing the Auctioneers to accept the engagement for the sale of the Equipment and I
make this solemn declaration conscientiously believing it to be true and knowing that it Is of the same force and effect as if made under
oath.
Subscribed and sworn before me at —. .-.. )
in the State of _ _ .. ....... . ... .
)
this __ .. day ot
)
'Notary Public lot 1
1
i
• Signature - -- )
•
811142
My-commission?•xltire: .._ )
Hello