HomeMy WebLinkAbout880936 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 those items listed on
Exhibit "A" be, and hereby are, declared as surplus property.
BE IT FURTHER RESOLVED that the Board hereby authorizes the
sale of all items listed on Exhibit "A" at an auction of Ritchie
Bros. Auctioneers International,
BE IT FURTHER RESOLVED that the Chairman be, and hereby is,
authorized to sign said 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 26th day of
September, A.D. , 1988.
BOARD OF COUNTY COMMISSIONERS
ATTEST: / vii.. j WEL OUNTY, COLORADO
Weld County Clerk and Recorder Ai Pc ESYNA±0
and Clerk to the Board ene R. Brantaer, Chairman
BY: / 224zz/�W C. y, Pr -Tern
Deputy County C rk
APPROCIC (---- tc
VED S TO FORM: Ja•que j i�on
U �� Gor•o E. ac
County Attorney
Fran Y maguchi
880936
PILD00/ , ;., c�.,
EXHIBIT "A"
ITEMS FOR SALE
GENERATOR SET
Make - Onan Electric Plant
Model 65 KB - 30R8/1993L
Serial P 0668035664
Stby KW 65
Cont KW 60
AC Volts 120/240
AC Amps 271
Motor - International Harvester
Model V401
Serial A 95615
Fuel - Propane
Loader
ID II 15830001
Make - Cat 950
Year - 1966
Serial II 90A1551
Tires - 16.00 X 24 TG
End Dump Trailer
ID II 15620001
Make - Timpte
Year - 1966
Serial II 11540
Length - 22'
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B8p934
r6RITCHIEBROS. Auctioneers Int'I.
—Limited Partnership
To:RITCHIE BROS.AUCTIONEERS!NT'L ?
—Limited Partnership
CONTRACT TO AUCTION
621 Weld County Road Road 27
Brighton,Colorado 80601
Telephone(303)659-3962 ..
Fax(303)659-2902
Dear sire
A The undersigned lie. Owner')hereby instructs Mehra Bros.Authoriser Inn—Limited Partnership(lee"Auctioneer]a see lee it an me hereinafter nl me(the al
xneepualdeucadn to moral ER Ii;'._0'„ CCLOi:AD0 _Anr.eem,OCTOBER 18 1eat'
unreor at sun oilier slam or on mon tinier eel.eh the Auellonesr may at lm absolute discretion deem appropriate:
R. The Owner and the C nnnanlor and lea eojcllaraer.0..hating terms and condition MOMCOnx1 to Auction Nall be'IAN sel out hotelier end on the reverse Cereal and by sedating
this Contract the OwnMenb the CMwnanlor mime'in IM Auotbneer the representations andwarrantis herein Sal outand M Ow'nor and tin Comenanlor and the Auctioneer agree to Inaw
terms and conditions: '
C. The Owner shall,Si his cost,deltas,the Equipment Ina sale condition and in good running order.to the sire Mlle auction as Mammal by the Auntionee,on or before
Cr r PT. iii Ie —:
C. The Owner hereby aulnon:es the Auctioneer to supply NMI glass,pails and batteries anON Larry out such welding,steam c MNsandblasting.painting,repelling and other alumishmg and
incur such expense in me moving.hauling.storage.and service calls in respect d the Equipment all es me Auctioneer In luMIL scretion determines and all mete incurred plus a surcharge
egosn to 10%el such amount shall be at the ope *dl and paid by thy owner.provided however,Intl the liability or the., , sr pursuant to this paragraph shall not exceed the sum of
:::1!i:: •.Uf.r. .LIM AND FIFTY _ datk,ete 950.00 ••
_____ c
F. The Owner hereby aulnorlin the Auctioneer to aupph:rvm fuel es the Aucnnnen in Il.ada daegfien determine,memory flu the demonstration sad sale ol the Equipment and all cosh
tricumd shall Mat the moans*of and mid by the Owner,
F, The Ownerrepres.nie and moms: N
(q the Equipment is in a sate tweak,'end in good nmrang order and is accurately en completely describeddescribedIn the scMdua out MM.:rm. the Owner is the Snell&owner of MaEquipm.eI enders Equipment's not marmite any GWn by any penmen°snyr nee are unregistered charges,gene,or interests of any nature
or In any way ending save and racers as set out la the SnnWa sal our blow:
(Cl the Equipment is not aublect to the collection or eandion of any lases.Sens,etc.,of any Federal,Slate or any political suCjlWon mensal at any abed and nature nolwitMlending any past.
prss.nr DI'more use to which the Epubment mayhem been,presaotly ii Of NgnXen may be purl
G. Comleteend enemata details of the Equipment are aulobws:
Year of Item end End0SIYdibrence AM MAR Owing
Manufacture Serial Nol{er flf none,crate nil) on Eneumbrenoe
•
AS ?r'.ii ATTAC. ,'r) 3CiijDULL "Ar '
•
FR;'U CLT:A2 FR0:I ALL LIEU & F,NCUMBIZA ICB
-- - N') LIU.i S:;f,RC:I F.:3 TC 'iES CHlCCED ..
H.•; .lego).pOy.���yaAggyghg0yq'wper n mato Commission based on the gross we prime ol the Equlpmem Of any rrt hereof as lollowu
R21Y\otlybli/Mllnp NAaEAA�1teM�`MDOa,and
7[forhiasadtiGG6+)616p66d¢a* 10% COMMISSION
I. In egneid.mlea aim.Auctioneer agreeing to antes Ind Cole Contract,the undersigned inn hereby gsasanlee .eoenente and agrees with the Auctioneer re duly pay any
monies which may become due bythe Owner le ICNWamner.lob.bound by and duly pederm sad sesame,purcluWy,each and ewe"provision algae CenVsvl llncludinglhe
terms and oendidaa primed en the reverse IereaelI,,provIWd,however,that Il.elllty of the Covenantor shell not btelleeted by any extension of lime,Indulgence or any ea
waetsolver or the Auctioneer dinealas with or without notice tome Cmtv.ne tor.
THIS CONTRACT TO AUCTION SIONEO ON OWNER:
IS company Name: ...ell County Coiamissi.oners
_f eerie Print). -0. i)OK 7D6
AT Address:
t.
Ar®pledby !;reelegy CO 30631
RITCHIE BROS.AUCTIONEERS INT'L -
-Limited Partnership
Authorized Per GeneR. ntne
*Signature' ®
Wilson ate to the Owner's and
Conantor a Signatures: ! •�
The: Chairman, Board of County Commissioners
Telephone'Bonnets' .{(ft'-:-156-4i)'.ra
Bank
Residence:
•
Bran di
COVENANTOR:
COntacl YS f
Phone
PD AD I YesSDNa I CR I CD
s',,; I I I I ❑ ❑ 18809i6TjCD—4
..... nmuro•e rnov
TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION
1. The Oxman laud the Auctioneer agree:
(a) The Owner hereby authorizes the Auctioneal al the absolute discretion of the Auctioneers'to carry out title searches in respect of the
Equlpmenl at the expense of the Omer,but in no case shall the Auctioneer have a dutyaa conduct,nor be responsible for the results
of my such title search;
(b) the Auctioneer may carry out the auction in accordance with its usual procedures.anal particular may group various parts of to Equipment into such lots as it sees fit unless the Owner notifies the Auctioneer 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 Auctioneer shall not be liable for any tosser damages claimed
in respect of the lotting of the Equipment
(c) the Auctioneer Is hereby constituted ee an agent Dilly ill the Owner antt•trot a principal in the sale of the Equipment;
rneither the Owner,nor any person,new corporation affiliated with,or as agent of the Owner shall bid on the Equipment al the auction;
) the Owner shall deliver to the Auctioneer five(5)days prior to the date or the suction all documents evidencing the Owner's title to the
Equipment,all documents required to transfer tllle 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 le be registered,all such properly endorsed documents es are
necessary fo permit any purchaser taregieter ownership of the Equipment.The Owner seknowedges 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 Auctioneer IN true and lawful Altontey for it and in its name and on Its behalf to sign,
execute and deliver all such documents required to transfer tele 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 Auctioneer as required;
(f) the Equipment shall remain at the sole risk of the Owner until the happening of the events hereinafter described.The Owner shell:
(t) be responsible ler 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 proceeds tram 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
Auctioneer forthwith foe
(A) commission, based on the fait market value as determined by the Auctioneer of the damaged or destroyed Equipment
immediately prior to such damage or destruction;and
(B) repayment of all cash advances.if any,made by the Auctimiaor to ur Oh behsh of the Owner together with interest thereon;
and
(C) reimbureemrat of all out-of-pocket costs for refurbishing or repairs done by the Auctioneer prior 1othedamageor destruction;
'rhe Owner aeknowle gee and agrees that the Auctioneer 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 teAuctioneer from any claim for costs,damage,
or expense arising out of such event howsoever caused including but not limited to.the-egligence of the Auctioneer.
(g) in connection with any registered of uoreglelered charges,liens,taxes,duties or interest;claimed by any person orauthorlly In respect
of the Equipment whether or nal disclosed on the reverse hereof:
(i) the Auctioneer may make payments to any such claimant in orde,to clear title to the Equipment;and
(ii) the Owner shall indemnify and Sive harmless the Auctioneer and sny purchasers of any part of the Equlpmenl against any and all
loss,costs(Including attorney's fees)of damages occasioned by such claims and defending such claims;
(h) the Owner shall not withdraw the Equipment or any part thereof Iron the auction sale ante the Owner Is in breach of this provision,in
addition to any other damages which may be assessed,the Owner shall pay to the Auctioneer all amounts to which the Auctioneer
would otherwise be entitled pureueM to paragraph 2 hereof 1and the commission payattle in respect thereof shell be based upon the
fair market value es determined by the Auctioneer of such withdrawn Equipment);
(t f{ the Owner authorizes the Auctioneer to utilize any part of the Equipment In setting up the auction;
the Owner shall indemnify and save harmless the Auctioneer against all stilts,actions.Costs or charges whatsoever arising from any
representations contained herein or from any breach of any of the Owner's obligati0ne hereunder,including,but not limited to,any
inaccuracy in the description of the Equipment:
(k) the Auctioneer may,if they deem it necessary,reauclion any part o1 the Equipment not sold or not paid for at the auction and the Owner
hereby acknowledges that no month shall be payable by the Auctioneer in respect of dry 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
Auctioneer 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 sate of the Equipment;
2. The Auctioneer shall apply all amounts collected by it on account of the sale of the Equipment:
(a) in payment to the Auctioneer of its commission In the amount of: -
(i) an auction commission of 12%of the gross sale price of the Equipment subtract late provisions of subparagraph 2(a)(Ie hereof;
and
(it) all auction commission of 20%of the gross sale price of the Equipment:1 such Equipment or any lot into which the Equipment has
been separated iealtzes 4900.00 Or less:
(b) in payment to the Auctioneer of all taxes, duties or charges levied or In-posed by any competent authority on the Auctioneer's
corondsslou;
(e) in reimbursement to the Auctioneer of all expenses incurred by the Auctioneer in tarrying out the provisions of paragraph D on the
reverse hereof and paragraph 1(a)above:
(d) in reimbursement to the Auctioneer of any immure in respect of the Equipment paid or Incurred by the Auctioneer pursuant to the
pinvistone of subparagraphs Heal)or 1(g)(ii)hereof,
(e) as to the balance,II any,walled to the Owner by prepaid post,or on its behalf in accordance with its written instructions on or before
the twenty-first(21st)day followingtlne date of the suction of the Equipment;
3. The Owner hereby irrevocably assigns to the Auctioneer all amounts due pursuant re paragraphs 2(a).2(b).2(c)and 2(d)hereof:
4. The Owner shall pay to the Auctioneer 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 Auctioneer of amounts due to it pursuant to paragraphs 2(a),2(b),2(c)
and 2(d)hecof;
5. In the event the Auctionaei is gored to retail,he services of en attorney,o,if any suit,action,or croceeding is instituted to enforce any of
the terms,covenants or cnuddinns al this coati act,the Auctioneer shall be entitled to recover its attorney's lees and costs and.if any appeal
is taken hum any decision of the trial Dona,such further attorney's fees and costs Incurred virtue of such appeal.
6. The Owner authorizes the Auctioneer to use the Owner's name,trademark or logo in adverb ng the auction.
7. This contract constitutes the entire agreement and takes the place of 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.
IN THE MATTER OP the Contract to Auction eel out on the reverse
State of County of hereof and the Items therein set out(the"Equipment")
I,_ of the of
In the Stem:ut _ _.do solemnly declare that,
1. I am(the agent 01)the Owner of the Equipment set out on the reverse hereof and forming part at 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 en 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 Auctioneer to accept the engagement tor the sale of the Equipment and I
make this solemn declaration consclent(busly believing it to be true and knowing that It is of the same force and effect as If made under
oath.
•
Subscribed and sworn bolme me al In the State of _ 1
this.__ rut;or
Notary Polar,en _ • )
Signature
8809 My tom mist, n ayu io :es __ I 36
- WELD-COUNTY COMMISSIONERS
P.0 301 758
GREELEY, CO 80631
303-356-4000
SCHEDULE "A"
1 1966 Cat 950 Wheel Loader
S/N 90A1551
C/W GP Bucket, Cab
2 1966 Timpte 22 Ft. T/A End Dump Trailer
S/N 11540
C/W Landing Lege, 10.00-20 Tires
3 Onan 60 KW Generator Set
S/N 0668035664
C/W IHC 4 Cyl. Propane Eng.
4
880936
r (5H�E� _B_R__O'1S-.81e.9-1,7920 N.E.Holman 82821•Portland,Oregon 97215
Auctioneers inc 1.Telephone:(503)253-7525•Fae.:(5(50 3)2513811 2513811 •T2Ier.00380.189
September 20, 1988
Weld County Commissioners
P.O. Box 758
Greeley, CO 80631
Dear Sirs,
Enclosed you will find three copies of our Contract To
Auction for the items you wish to consign to our sale
on October 18, 1988 in Brighton, CO. Please read this
over carefully and sign, where indicated, on both the
white and pink copies. Also, please initial next to
the phrase "Free & Clear From All Liens & Encumbrances"
if the statement is correct. If there is a lien on the
item, please indicate the lienholders name, the amount
owing, a contact name and telephone number. When
completed, please return the white end pink copies to
me, as soon as possible, in the envelope I have
provided, retaining the gold copy for your records.
Please pay particular attention to Paragraph D on the
front and Subparagraphs 1 (a) & 2 (a) on the back of
the contract.
Also, since we are a Licensed Motor Vehicle Dealer in
the State of Colorado, and due to the tremendous amount
of paperwork involved in transferring title, I will
need the title to your trailer, properly signed off,
notarized, and in my possession no later than September
23, 1988. It is required in this state that all
trailers have titles and they must be in your name, not
a title in someone elses name and assigned to you.
Please check your title against your trailer, we would
be unable to sell any item if the YIN does not match or
if the YIN does not appear on an item. If you feel you
may have a problem, please let me know as soon as
possible.
If you have any questions, please feel free to give us
a call.
Sincerely,
Ritchie Bros. Auctioneers Int'l.
C
Dari Wolter
Office Manager/Field Acct.
slf
enclosure
1330936
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