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RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY AND AUTHORIZE
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, it has been recommended that a 1982 Champion Motor
Grader, Property Number 15820027, be declared as surplus property,
and
WHEREAS, Ritchie Bros. Auctioneers has offered to auction
said equipment in accordance with the terms of the Contract to
Auction, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, the Board deems it advisable to declare said Motor
Grader as surplus property, and to accept the offer of Ritchie
Bros. Auctioneers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described Motor Grader be, and hereby is, declared surplus
property.
BE IT FURTHER RESOLVED by the Board that the offer of Ritchie
Bros. Auctioneers to auction said equipment be, and hereby is,
accepted.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Contract to Auction.
fin. (J t„ .
�'U �QO� �. 861123
Page 2
RE: DECLARE MOTOR GRADER AS SURPLUS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 24th day of
November, A.D. , 1986.
n BOARD OF COUNTY COMMISSIONERS
ATTEST: awn.444,41/ ;! WELD COUNTY, COLORADO
Weld County Clerk and Recorder t ate_ •
and Clerk to the Board Ja que C airman
�SY �7�-r�+-ter/ eT. Via:•4 La' , Tem
"
5puty Count C er
APPROVED AS TO FORM: Gene R. Brant er
EXCUSED
CAL/D C.W. rby
County Attorney
Frank Yam
861123
RITCHIEBROS. Auctioneers Int'I.
To: RITCHIE BROS. AUCTIONEERS iNT'L.
821 Weld County Road
Brighton, CONTRACT TO AUCTION
Brighton, Colorado 8066 011
Telephone: (303) 659-3962
Dear Sirs.
A. The undersigned the Owner')hereby instructs Ritchie Bros,Auctioneers Intl.(the_Auctioneers)to sell the items hereinafter set out(the Equipment')at an unreserved public auction to he hi it
r r a;!, onorabout .19 . -,
B. The Owner and Auctioneers 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 the Owner extends to
the Auctioneers the representations and warranties herein set out and the Owner and Auctioneers agree to those terms and conditions,
C. The Owner shall,at his cost,deliver the Equipment in good running order,to the site of the auction as determined by the Auctioneers on or before .19
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 refurbrsh:ng
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
- •.f dollars($
E. The Owner hereby authorizes the Auctioneers to supply such fuel as the Auctioneers in its soletlscretion determinesnecessary 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:
(at the Equipment 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 isnot subject to the collection or attrectlonof any sacs,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 Idb*s'.
Year of Item and Encumbrance Amount Owing
Manufacture Serial Number Holder on Encumbrance
„ 77-..-: •,I-07—ISZA,3
-t
r
I tc rr±1'CIr.31..
H. The Owner hereby agrees IeAay,the Auetioneersee$'.tetioh commission based on the gross sale price of the Equipment or any part thereof as follows'.
(at 12%rot any lot rtatizing tore than'$sa014 d
IN 20%.for,any lgt raalhitlg$soa,D6-gckis'.- X ..� .�� c� < :x7:6'S::.7. ::>I?
I. By Joining in the execution hereof the undersigned CYeenentor hereby guarantees to the Auctioneers the due and conchal performance by the Owner of all the Owner's covenants and
agreements herein contained and hereby agrees to bakannify and save harmless the Auctioneer,from end against any end ell claims,costs,damages and expenses of whatsoever nature
arising as a result of the Owner's failure to carry out as covenants end agreements herein contained;
THIS CONTRACT TO AUCTION SIGNED ON OWNER'.
19 Company Name: Wield -' (Please Print)
AT Address. P O trig'
� 'rt• ,.O,r l
Accepted by Authorized Pers •
RITCHIE B AUCTIONEERS INT L. ..
����� Signature o atqu the S on
Title Chairm na , Board of County Commissioners
Telephone.Business lk0°;
Witness as to the Owner's and Covenantor's Signatures:
Residence:
Signature of Covenantor:
PD AD SD CR CD
I I I Yes NO I I
I I I ❑ ❑ I I
OWNER'S COPY -, a-,2
Rh 85
TERMS AND CONDITIONS OF THE CONTRACT Tr`AUCTION
1. The Owner and the Auctioneers agree: �"
(a) the Owner hereby authorizes the Auctioneers to carry out title searches in respect of the Equipment at the expense of the Owner; b^
(b) the Auctioneers 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 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 notbellable.}or any less or damages claimed in
respect of the lotting of the Equipment;
(e) the Auctioneers is hereby constituted as an agent only of the Owner and not a principal in the Sale:blithe 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 or 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 hereby
nominates,constitutes and appoints the Auctioneers its true and lawful Attorney for it and in its name and on its behalf to sign,execute
and deliver all such documents required to transfer title to and permit registration of ownership of the Equipment to and by any purchaser
thereof in the event that such documents have not been delivered by the Owner to the Auctioneers as required;
(f) 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
(El) 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
(Et) repayment of all cash advances.if any,made by the Auctioneers to or on behalf of the Owner together with interest thereon;and
(C) reimbursement of all out-of-pocket costs for refurbishing or repairs done by the Auctioneers prior to the damage or destruction;
(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 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 of such withdrawn Equipment);
(I) the Owner authorizes the Auctioneers to utilize any part of the Equipment in setting up the auction;
(j) the Owner shall indemnity and save harmless the Auctioneers against all suits,actions,costs or charges whatsoever arising from any
false representations contained herein or from 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,reauction any 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 full by the purchaser 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:
(a) in payment to the Auctioneers of its commission in the amount of:
(i) an auction commission of 12%if the gross sale price of the Equipment subject to the provisions of subparagraph 2(a)(11)hereof;and
(ii) an auction commission of 20%of the gross sale price of the Equipment if such Equipment or any lot into which the Equipment has been
separated realizes$500O0 or less.
(b) in reimbursement to the Auctioneers of all expenses incurred by the Auctioneers In carrying out the provisions of paragraph D on the
reverse hereof and paragraph 1 (a)above;
(c) In reimbursement to the Auctioneers of any amount in respect of the Equipment paid or incurred by the Auctioneers pursuant to the
provisions of subparagraphs 1 (g)(i)or 1 (g)(ii)hereof;
(d) 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. The Owner hereby irrevocably assigns to the Auctioneers all amounts due pursuant to paragraphs 2(a),2(b)and 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 allow payment or reimbursement to the Auctioneers of amounts due to it pursuant to paragraphs 2(a),2(b)and 2
(e)hereof;
5. In the event the Auction Firm is required to retain 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 attorneys'fees 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 appellate court as
Auction Firm's reasonable attorneys'fees.
ff. 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 of and is binding upon their heirs,executors,administrators,successors and assigns.
State of - IN THE MATTER OF the Contract to Auction set out on the reverse
County of ___._ _._ hereof and the items therein set out(the"Equipment")
of the of
in the State.of. _.__._._._._ _—_ do solemnly declare that:
1. I am(the agent of)the Owner of the Equipment set out on the reverse hereof and forming part of this my Declaration and,as such,have
knowledge of the matters hereinafter deposed to;
2. The representations and warranties in respect of the 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 nature whatsoever,registered or unregistered,
except as set out on the reverse hereof: •
-. -
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 of _ —_— -_.._.._. _.., 19_._ __....__
Notary Public for
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My commission expires
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