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Home My WebLink About880411.tiff RESOLUTION RE: APPROVE CONTRACT TO AUCTION WITH RITCHIE BROS. AUCTIONEERS INT'L. AND AUTHORIZE CHAIRMAN 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, the Board has been presented with a Contract to Auction with Ritchie Bros. Auctioneers Int' l. , and WHEREAS , after review, the Board deems it advisable to approve said Contract, with the terms and conditions being as stated in the Contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to Auction with Ritchie Bros . Auctioneers Intl. be , and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of May, A.D. , 1988 . n BOARD OF COUNTY COMMISSIONERS ATTEST: 1 . L. �m WELD UNTY�, COLORADO 1 � Weld County Clerk and Recorder / Y and Clerk to the Board Gene R. Brantner, Chairman ^-, • A,2 /)� t C7k-yJL-Le. ,IC Lam- C.W. Kirby, P o} -Tem Deputy County Clerk AP ROVED AS TO FORM: JP elL�'* .% 7 e7 Go .o _1 a �. County Atto ey `i /`i! a„gtqa Frank Yamaguchi 1_ 880411 • bRlTCHkBROS. Auctionee&nt'I. - Limited Partnership May 17 , 1988 • To: RITCHIE BROS. AUCTIONEERS INT'L —Limited Rod 27 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 unreserved public auction to be held at .;1r1: ntor. c.o i;7ra(?6 onor about ,Tune 21 . .19 ref • or at such other place or on such other date as the Auctioneers may at its absolute discretion deem appropriate; • B. The Owner and the Convenantor and the 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 and the Convenantor extend to the Auctioneers the representations and warranties herein set out and the Owner end the Convenantor and the Auctioneers agree to those terms and conditions; C. The Owner shall,at his cost,deliver the Equipment in a sate condition and in good running order,to the site of the auction as determined by the Auctioneers on or before .i ME.. 27 , .19 w/13% 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 • F:i.ve Thousand Two Hundred dollars($ 3, 233 . `?U); 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 end 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 es follows: Year of Item and Encumbrance Amount Owing • Manufacture Serial Number Holder (if none,state nil) on Encumbrance • AS PER ATTACHED SCHEDULE "A" • • • • NO LIEN SEARCH FEES TO 3E CHARGES H. The Owner hereby agrees to pay the Auctioneers an auction commission based on the gross sale price of the Equipment or any part hereof as follows: (b) ,KNICI4TP@4ENR3t°f4XIBEXXXXX 10% Straight Commission I. In consideration of the Auctioneers agreeing to enter into this Contract,the undersigned Covenantor hereby guarantees,covenants and 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 end observe,punctoelly,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 effected 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: 19 GompanyName' We d County (Please Print) AT Address: D_O RCX 7 5 R • • Accepted byr,ir'a1 Colorad S0621 RITCHIE BROS.AUCTIONEERS INT'L I r 0 —Limited Partnership Kenny W. Duncan Authorized Perso Witness as to the Owner's and Covenantor's Signatures: Signaturg 't( K/ �✓ Title: Chairman, Board of County Commissioners Bank Telephone:Business: 301-2'16-d o n(%0 Branch Residence: Contact COVENANTOR: Phone Signature: PD I AD SD CR IARAA • ICD I Yes No I I I I ❑ ❑ I I + •I I • R3 97 OWNER'S COPY 660411 - TERMS -D CONDITIONS OF THE CONTRACT Tr JCTION 1. The Owner and the Auctioneers agree: ttr. - (a) The Owner hereby authorizes the AtlbNoneers at the absolute discretion of the Auctioneers to carry out title searches In respect of the Equipment at the expense of the Owner,but in no case shall the Auctioneers have a duty to conduct,nor be responsible for the results of any such title search; (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 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 sale of the Equipment; (d) neither the Owner,nor any agent or associate of the Owner shall bid on the Equipment*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 tit 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 1 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 I hereby nominates,constitutes and appoints the Auctioneers its true and lawful Attorney for it and in its name and on its behalf to sign, I 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 Equipment shall remain at the sole risk of the Owner until the happening of the events hereinafter described. The Owner shall: 1 (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 Incurable 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 t Auctioneers forthwith for: ?Fb (A) commission, based on the fair market value as determined by the Auctioneers of the damaged or destroyed Equipment j immediately prior to such damage or destruction;and t (B) repayment and of all cash advances, if any,made by the Auctioneers to or on behalf of the Owner together with interest thereon; p& (C) reimbursement of all out-ohpocket costs for refurbishing or repairs done by the Auctioneers prior to the damage or destruction; q The Owner acknowledges and agree*that the Auctioneers shall not be liable to the Owner for the loss, damage, loss of value or destruction to or of the Equipmentt,howsoever caused, and the Owner hereby releases the Auctioneers from any claim for costs, damage,or expense arising out of salt 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 InterestsOtaimed by any person or authority in respect of the Equipment whether or not disc)psed on the reverse hereof: (i) the Auctioneers may make paydWitits 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 i all loss,costs(including solicit client costs)or damages occasioned by such claimg,s�and defending such claims; (h) the Owner shall not withdraw the Era/went or any part thereof from the auction sale andrl the Owner is in breach of this provision,in Y. addition to any other damages which:may be assessed,the Owner shall pay to the Auctioneers all amounts to which the Auctioneers f would otherwise be entitled pursuant*,paragraph 2 hereof(and the commission payable in respect thereof shall be based upon the r fair market value as determined by the Auctioneers of such withdrawn Equipment); il (i) the Owner authorizes the Auctioneersto utilize any part of the Equipment in setting up the auction; (j) the Owner shall indemnify and save harmless the Auctioneers against all suits,actions,costs or charges whatsoever arising from any representations contained herein cultism any breach of any of the Owner's obligations hereunder, including, but not limited to,any ",•i inaccuracy in the description of the Equipment; k. (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 4. Owner hereby acknowledges that no.monies shall be payable.by the Auctioneers in respect of any part of the Equipment until such part l. 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 li 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: b (i) an auction commission of 12%nine gross sale price of the Equipment subject to the provisions of subparagraph 2(a)(ii)hereof; and r (ii) an auction commission of 20%ofahe gross sale price of the Equipment it such Equipment or any lot into which the Equipment has been separated realizes$500.00 Or less: • (b) in payment to the Auctioneers of all.taxes, duties of charges levied or unposed by any competent authority on the Auctioneers' commission; (c) in reimbursement to the Auctioneers of all expenses incurred by the Auctioneers in catrying out the provisions of paragraph Don the reverse hereof and paragraph 1(a)above; (d) in reimbursement to the Auctioneers of any arnuunt 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; (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. 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(c)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 attorney's fees and costs to be fixed by the trial court and,if any ap 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 attorn fees. 6. The Owner authorizes the Auctioneer to a kite Owner's name,trademark or logo in advertisingthe 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 upontheir heirs,executors,administrators,successors and assigns. State of__ / _._. hereof E and the items therein to Auction set out on the reverse IN THE MATTER OF the --. . Count of_ erein 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 resew*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; i 3. I make this solemn declaration for the pore 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 dayot _. . 19 )1 ) iNotaryfu p.for -. _._ - ) I `f r . . r 8813411 My commission expires . Weld County P.O. Box 758 Greeley, Colorado 80631 George Goodell 303-356-4000 SCHEDULE "A" 1 1972 Cat 14E Motor Grader S/N 12K2022 Unit #15820006 C/W 14 ft. Moldboard w/hyd. S.S. & tip,_scarifioz, cab w/air cooler, 14. 00-24 tires 2 1969 Cat 14E Motor Grader S/N 12K1060 Unit #15820001 C/W 14 ft. moldboard w/hyd. S.S. & tip, cab w/air cooler, 14 . 00-24 tires 3 1972 Cat 12F Motor Grader S/N 13K5131 Unit #15820005 C/W 14 ft. Moldboard w/hyd. S. S. & Tipr-scarifier, cab w/air cooler, 14. 00-24 tires 4 1963 Cat D8H Crawler Tractor S/N 46A6058 Unit #15810001 C/W U-dozer, drawbar, pony start, 22 in. S.G. pads 5 1956 Kolman 202 Portable Screening Conveyor S/N 41-40-24-56 Unit # C/W 24 in. x 40 ft. belt, approx. 3 cu. yd. hopper w/oscillating feed, 3 ft. x 7 ft. single deck vib. screen, A/C 4 cyl. gas eng. , S/A carrier, 7. 50-16 tires 880411 at I Hello