HomeMy WebLinkAbout920216.tiff RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, 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, State statutes 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 determined that certain equipment, as described in
Exhibit "A", 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 with
Ritchie Bros. Auctioneers Int'l concerning said equipment, 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 certain equipment, as described in Exhibit "A" be, and
hereby is, declared as surplus.
BE IT FURTHER RESOLVED by the Board that the sale of said equipment at
auction be, and hereby is, authorized.
BE IT FURTHER RESOLVED by the Board that the Contract to Auction with
Ritchie Bros. Auctioneers Int' l be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
920216
DECLARE EQUIPMENT SURPLUS, CONTRACT TO AUCTION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of March, A.D. , 1992.
/ /J () BOARD OF COUNTY COMMISSIONERS
ATTEST: 47
c,w/ / 'i�GG2 WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
/ // GGe9�ge Kennedy, Chairman
7
BY: ;Ct4 1 f Y',-t.i ,i->'t ( f/ eP-2` ' l:�l
eputy Cl rk to the Board \ Constance L. Harbert, Pro-Tem
APPROVED AS TO ORM: (9,7 -c-�y
C. W. Kir y /
Co my Attorney Gor . a y
W. H. Webster
920216
6-0-7t
r ?, , ., ,
VI weld County Road 21,11tWeeni Cttrtt$0601 Telephone(303)659.3902 ' Fax(309)659-2902
TO THE sacs TIT AL TION
•To:RITCHIE BRO*
Dear Sire:
p sY1 rr<
A. me unaere rd'(w+'Owne')twS ie Adodeesers hat.—united eNeo lee too"AaS- C)to set,it apt* ewes,the gems set out in
sass r y y,::Hy�,, -
...,.. Clause G below W9etecw�l+ge1Me14MMUee YMN11aM'MWameoplirttrot A1► 7;1p� 1,MMaGbn OfiOhati�ee
,.r '2 ,sash.. �. "�s. .. i..,
tsRIa N, CO r r. . ,.; *di sot RCH 24.: ,4
Auctioneer miry*Rata dleeebth• '. ti' .,:. eevl�6rhaihsr pia�r err dnseal sew me as
s„ In ..
heist Ruda s iSrS Oar aiAdtr ally Stir Item of the terms
Aid tip . air ..d+u o t uww ah ditaaMeee�N a�i ire iad aI OkiCcmialet wns and Araanor extend to
Auctioneer the f , .
C. Owner shell apN.L-draw dha ,it odd'uen letter and ree di itNataaasr w-- L,to the site of the erollon as determined by
Auctortearon"w'OS" a : r .tr *12' : w/5 ''i fuel' or better
D. Owner ner aysatnuntAuceweaot rage* ' *aoaeaaddeiletbwwMelsi Peke*repatticandoherreturbiening
and Incur such ensiles in the movies eterleee S In .Mr * as dboredm Si at
m°ab
incurred plus a surcharge equal a SO . Si Ia wtwety a War Pungent to this
wxh.,,a yr v., ;t:4• .s 'I ''':?.° a 0,,ii"irupigh suet-"ropy..r,.
paragraph shall not exceed to sumo( 4mnsr t-o acniplete;-^ „�.y. . do�e(#.y.- —O— );
E. Owner hereby aldehort:ee AuowahNe 10 iedlehYtlaa MMly . AS*v at fW+ll'1ilkrralwlmn da`)I Mei rhieeee y ear fba dery.Wftitioe and sale of the
Equipment and all costs hatted OM betathifN.neila '�,yAee,' ,;a.._. ` .J
F. Owner repreee is and weranb:
w Equipment e ins S oaMMlat ngiedrunmep l Mkt I4 *149PDIerbsene eMenoeiby'a eleeMeettl— (a)t ot Att Ter;
(b)the EquiPmel ab pongU4t MM eaew4WyAlaefl aM pdbt 1' ,
(c) Owner is the border el en dew_j rid Wienermoue*no stoNot w ANIN so nraptarbd Or unaegie sd charges,liens,or
interests of any nawreoro any way.Maai dliti WM Oehlth,MMAauteCMlptA4
(d) Equipment a not*MOM le Me PoMeeelMeKaebrp-)n a am.teeth Kembo .4, , ,, Mae army legal el sty Mod and nature
notwithstanding wy past,present ecatellte•MmIlleishMO s*nssmetIwmtbea►pteaalIFiea fistSopt
a Complete and accurate desc4iean of the Equipment needy aeumbtacee aid dean hereon or eaalrery_ate y+MeeMiie as saws:
ainsisraiss
Year of Asetart Owing
Manufacture Serial Number 0155 Mate'SF) en liesumbrance
AS PER ATTACHED SCHEDULE A
FREE & CLEAR OF ALL LIENS & ENCUMBRANCES X
NO LIEN, SEARCH FEE TO BE C 12
H. Owner hereby agrees o pay Audbaed tin
""41411
wgroae, ate Pre9�raye4ow,: Stra¢ i1t
•• (a) XIMISX for any lot realizing mtS IMd S° WMa tee per tetit
It
I. In consideration ot Aucuorear ate 00001 0100 ' t ' Taimiiii It.a aces elb Areterwer to
MN ,, ),' l a �i +° aarwirt l p/i WI _ °mils c st+taaf out limn Previsionetb e*aotobyany
extend to ad+go""t'T • �. .,rage w 'v r
demi
THIS CONTRACT TO AUCTION y 011 czst RwNeR:
- _ �,... ;�, Oonhpany Name: SvELYT CIITINTY, (PNu.er4n)
AT ^ y _I Address: v fl Any 71;A
sass.. v" .: .,, 1. ...ate• e:_
Accepted by ,, : ,
RITCHIE BROS.AUCTIONEERS INTL Icennp ('xont fly
4-411 R A Ch 1'I '
F•rr2 fain/742 f
—4maed � - t y iiAt.BA yE Authorized Poison: Ar The;:_i4p "l el., /w_,,,.
Witness as to_,chet r'and�Guaranors Signatures:r • Signature: .^—� .�°,,.'eaa+s._s _ _ �Y'... ii I'v' NOTE:Equipment rems styo'nwka spe ragraph 1(r)on the reverse hereof.
n.
Telephone:Business:"t.Cl '4:r C - is CO s`' \ Fax:` -nOwners Bank ,,
Residence:
q� "..�..✓..
ga ._.✓ u GU `OR: ;,�• --tN r2�,(\; y -err" �
Contry-� . . ,
v Signature: _
Telephone t
\''' k-AP''.. "'-'t cs9S -.I • -CD
r ;-. *', x'y .. 1 Yes- No
+� ....• is.3,..r I ❑ El1 .
920216
OWNER'S COPY
R6 al
•
TERMS,.elD CONDITIONS OF THE CONTRACT TO. ..UCTION
1. Owner and Auct r agree: Y °
a Owner here MdeMPAQi I tsn ot,iWatlo oliMilll tlNrtrchbl( the i meat at ��
( ) the expense of ,ib�f on aaineedutyUk,Qond alit sprit eft*nte%Fellw111NtY®`I4frol l ' e ;
(b) Auctioneer may carry out the auction in accordance with its usual procedures, and in particular may group' us, di itif the
Equipment into such lots as it sees fit unless Ownm notifies Auctioneer in writing prior to the auction that any pas of th quiprtrsnt
are to be sold in any particular lot.If no notice is so given,Auctioneer shall not be liable for any loss or damagenallaimed respeeltlot
the lotting of the Equipment;
c) Auctioneer Is hereby constitutSailers an agent only of Owner and not a principal In the sale of the Equipment;
(ftl neither Owner,nor anypereon, ration affiliated with,or as agent of Owner shall bid on the Equipment at the auction;
(e) Owner shall deliver to Auctioneer teanoftlp0))days error to the dale of the auction all documents evidencing Owner's title o the Equipnien I.
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 tabe'registinedolikeach propatlii?anttbMsNAdouments as are.necessary
to permit any purchaser to register ownership of the Equipment.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.Owner be;eby nominates.
constitutes and appoint*Atibtionew'Its true and lawful Attorney Mr it and in'JtarNmt Medan its b*hatf 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 pi i chaser thererrf in
the event that sue*.documents have not been delivered by Owner to Auctioneer as regubed; -
(f) the Equipment shall remain at the sots risk of Owner until the happening of theevents herelnafterrdescilbed.Owner shell:
rChaser;Or
(I) , to the Equipment until thermals*of:
in rEl) rth q IOM ntie for anyOwner Equipment itlr or aabiev shall erom the sale aed O the MtM rollproceeds ve the famae aotl payment made to Equent
( 1all proceeds
pu
pment;
(n) insure tied EqulppMl*rrt to its N Ms ble vaMie against Ml°p*N se that tit event of damage to or destruction or the Equipment
or any peat thetbbt,all suranae p g of pay
forthwith for: .. e
(A) commission,based on their*market value as determined by Auctioneer of the damaged or destroyed Equipment immediately
prior to such damage or destruction;and
(B) repayment of all cash advances,It any,made by Auctioneer to or on behalf of Owner together with Interest thereon;anti
(C) reimbursement of all out-oWf.ppoocket costs for refurbishing or repairs done by Auctioneer prior to the damage or destruction;
Owner adcnov*ledsee and agrees f itiCAuetioneer*Mae not bri liab a to Own t4or the toeW,,damage,loss of value or dlstruMlon to or of
the Equipment,hoer *waver eaU*sde ild'Ownerhereby releaseelauctienearitbm any eiaSsfbr cos damage,or expense arising out of
such event howsoever'oausod"InclSlhg,but not iknhed to,the tegligstlde of Auctioneer.
(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 Whe her or not disclosed on the reverse hereof:
i Auctioneer cry,py mace payrnir�p to an such,c pimant in ter to clear title to the Equipment;and
(ii) Owner shall indemnity and setae harmless Auctioneer and any p „Of any port of the Equiptttent against any and ell loss,
costs(including attorney's fees)or damages occasioned by such vial e" nd defending such claims;
(h) Owner shall not withdraw the Equipment or any part thereof from the auction sale and,if Owner is in breath alibis provision°in addition
to any other dements Which may be assessed,Owner shall pay to Auctloneeresli affidavits to whlth'Au cetioneer would otherwise be
entitled pursuant to paragraph 2 hereof(and the commission payable In rsepeatheredf shall be based upon the fair market value air.
determined by AuctiOne r of such Mthdaawn Equipment); .1.. '
(i) Owner authorizes Auctioneer to utilize any part Of theEquipMent in setting up the auction;
(j) Owner shag ittiliMnfly and save ha(1Mess Auctionderagiinettasuits'aotlioons;ceistsorchargeswhatsoeverarisingfromanyrepresen-
tations contained herein or'from are'breech of any Of Ownefl obligations hereunder,including,but not limited to, any inaccuracy in
the description ofthc ulpment;
(k) Auctioneer may,if they m h necessary,resection any part of the Equipment not sold or not paid for at'the auction an' Owner hereby
acknowledges that no monies:ehatbe payable by Auctioneer in respect of any pert of the Equipment until such part of the Equipment
has Deed pald,for,infug by the pundispier 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
Auctioneer as to the gross proceeds to be realized from the sale of the Equipment;
(m) Owner will comply with all laws relating to the sale of the Equipment;
(n) This Contract creates a lien and charge upon the Equipment and may be registered under such personal property security or other
legislation as may be in effect and"Mhos Auctioneer to seize and retain possession of the Equipment as security for,and/or yell the
Equipment to recover,all sums owing to Auctioneer hereunder.
2. Auctioneer shall apply all amounts collected by it on account of the sale of the Equipment:
(a in payment to Auctioneer of Its commission in the amount as calculated pursuant10 Clause H on the reverse hereof;
(b in payment to Auctioneer of all taxes,'duties or charges levied or imposed by any competent authority on Auctioneer's commission,
c in reimbursement to Auctioneer of all expenses incurred by Auctioneer in carrying out the provisions of Clauses D and E on the reverse
hereof and paragraph 1(a)above;
(d) in reimbursement to Auctioneer of any amount In respect of the Equipment paid or incurred by Auctioneer pursuant tc the provisions
of subparagraphs 1(g)(i)or 1(g)(ii)hereof;
(e) as to the balance,If any,mailed to Owner by prepaid post,or on its behalf in accordance with its written instructions on or before fire
twenty-first(21st)day following the date of the auction of the Equipment;
3. Owner hereby irrevocably assigns to Auctioneer ail amounts due pursuant to paragraphs 2(a),2(b),2(c)and 2(d)hereof;
4. Owner shall pay to Auctioneer any deficiency arising in the event that the gross proceeds collected by it from the sale of the Equipment s s
insufficient to allow payment or reimbursement to Auctioneer of amounts due to it pursuant to paragraphs 2(a),2(b),2(c)and 2(d)hereof:
5. In the event Auctioneer 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, Auctioneer shall be entitled to recover its attorney's fees and costs and, :t any appeal ,s
taken from any decision of the trial court,such further attorney's fees and costs incurred by virtue of such appeal.
6. Owner authorizes Auctioneer to use Owner's name,trademark or logo in adsorbing),the auction.
T. This Contract const�(ttttdep.the entire agreement and takes the place of prior contract!or understandings between the parties hereto and
enures to the benefit.ofand iabrpiliog,i n UAW**..executata ttilmjNottators..ilylaeapp and apsigi,s,
8. This Contract is subject to and ahalkbedaterntinedanderthe Ismael theatste inWMdr the section occurs.
A e IN THE MATTER C*the Contract to Auction set out on the reverse
State of_ ____._— _._____ County of . -----hereofand the home therein set out(the"Equipment")
— ----.....----._..._._—._ ..—_._.—of: ,
I' 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 Auctioneer 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 il'made under
oath.
Subscribed and sworn before me att_v`ee,e.7‘
Or?
/ ))
in the State of__Of'? /..o_r__sa_d. tt - )
this_[? d of_-- .a-_�S .. m_.- _-___._,19_. -- ,,.,�..� t,_
Notary Public for 1/Signature 1 a.--- .,,,-62-...g.-' .j
►ry co stlsamrr urtPtS )(IME S, Dr) ) 920216
My commission expires— _- - - 1
EXHIBIT "A"
WELD COUNTY
PO BOX 758
GREELEY, CO 80631
DON WARDEN
303-356-4000
SCHEDULE "A"
1 . 1985 CASE W36 WHEEL LOADER
S/N 6159704 UNIT 15830010
C/W GP BKT, CAB, 23 . 5-25 TIRES
ENGINE IS OUT - SELL DEAD ROW
2 . 1974 INTERNATIONAL 4200 T/A CAB & CHASSIS
S/N 74722DGB20195 UNIT 15440002
C/W CAT V-8 POWER, FULLER RTB10 SPD TRANS. , 166 IN. WB,
34, 000 LB REARS, 10. 00R22 TIRES
3 . 1976 GMC 6000 S/A BOOM TRUCK
S/N TCE626V575205 UNIT 15430005
C/W V-8 ENG. , 4 X 2 TRANS. , 4 TON HYD/CABLE CRANE W/2
SECTIONS, 14 FT. BED, 8. 25-20 TIRES
4 . 1970 CUSTOM BUILT S/A EQUIPMENT TRAILER
S/N ID3400 UNIT 15640004
C/W 12 FT. WORKING DECK
5 . 12 FT. SNOW PLOW FOR T/A DUMP TRUCK
C/W HYD R/L, MANUAL ANGLE UNIT 15440004
6 . 12 FT. SNOW PLOW FOR T/A DUMP TRUCK
C/W HYD R/L, MANUAL ANGLE UNIT 15460007
7 . 12 FT. SNOW PLOW FOR T/A DUMP TRUCK
C/W HYD R/L, MANUAL ANGLE UNIT 15440009
8 . 12 FT. SNOW PLOW FOR T/A DUMP TRUCK
C/W HYD R/L, MANUAL ANGLE UNIT 6409396
9. CUSTOM BUILT HEADACHE RACK FOR CRAWLER TRACTOR
10 . UNIT 3/4 CY DRAGLINE BUCKET
MOM►i
eTh
821 Weld County Road 27
Brighton(Denver),Colorado 80601
RITOI E QTY Telex:00857-144
I���� �7�/.7. Fax.:(303)659-2902
A11:tl011wi �• Bus.:(303)659-3962
March 2, 1992
Mr. Don Warden:
Weld County
PO Box 758
Greeley, CO 80631
Dear Mr. Warden: ,
Enclosed you will find three copies of our Contract To Auction for
the items you wish to consign to our Brighton, Colorado sale on
March 24, 1992. Please read these over carefully, sign where
indicated, on both the front and back sections and initial next to
the phrase 'Free & Clear From All Liens & Encumbrances", to confirm
this statement is correct. If there is a lien on any item, please
note the lien holders name, the amount owing, a contact name and
telephone number. When completed, please return the white and pink
copies to me, as soon as possible, in the envelope I have provided,
retaining the gold copy for your own records.
PLEASE PAY PARTICULAR ATTENTION TO PARAGRAPH D ON THE FRONT AND
SUBPARAGRAPHS 1 (A) & 2 (E) 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 titles to your truck and
trailer, properly signed off and notarized, if applicable, by March
6, 1992. All motor vehicles being sold must have a NEW Colorado
Emissions test completed with the sticker affixed on the windshield
and the emissions certificate with tab still intact. If you don't
wish to get the emissions completed, the only other way we can sell
any vehicle would be as a "TOWAWAY-NOT TO BE DRIVEN, EMISSIONS MAY
NOT PASS" . The only buyers who would care about this are buyers in
and around Denver.
It is required that all trucks and trailers have titles and they
must be in your name, not a title in someone else's name and
assigned to you. Please check your titles against your truck and
trailer, we would be unable to sell any item if the VIN does not
match or if the VIN 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 other questions, please feel free to give us a call.
Sincerely,
RITCHIE BROS. AUCTIONEERS INT'L.
14,10ill!
Dari Wolter
Field Acct.
slf
enclosure
920216
Hello