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Home My WebLink About930507.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 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 determined that certain equipment, as described in Schedule 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 between Ritchie Bros. Auctioneers Int'l. , and Weld County, Colorado, concerning said equipment, with the terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said 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 Schedule A, be, and hereby is, declared as surplus. BE IT FURTHER RESOLVED by the Board that the sale of said equipment at auction and the Contract to Auction between Ritchie Bros. Auctioneers Int'l. , and Weld County, Colorado, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract. 930507 I A !/AA,l4 C'C: ; /1 : CONTRACT TO AUCTION - RITCHIE BROS. AUCTIONEERS INT'L. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D. , 1993. / BOARD OF COUNTY COMMISSIONERS ATTEST: � / f WELD COUNTY, COLORADO ledith Weld County Clerk to the Board /�,�% i.-'Ceetela_e--X6GA,ca�� r Const nce L. Harberit, Chairman BY: 727---14, Y42. 17-4-4-1 JYV P. 'LA Deputy Clerk to the Board W. H bster, �-Tem 7726 -7APPROVED AS TO FORM: et,1 eorrge Baxter roj �} County Attorney Dale K. Hall Bar Kir meyer CA-I 930507 821 Weld County Road 27 Brighton(Denver),Colorado 80601 RITCHIE BROS. Telex:00857-144 Bus.:(303)659-3962 Auctioneers Intl. Fax.:(303)659-2902 June 3, 1993 Mr . George Goodell Weld County PO Box 758 Greeley, CO 80631 Dear Mr . Goodell : Enclosed you will find three copies of our Contract To Auction for the item you wish to consign to our Brighton, CO. sale on June 24, 1993. Please read it over carefully and sign, where indicated, on both the front and back portions of the white and pink copies . Also, please initial next to the phrase "Free & Clear From All Liens & Encumbrances" , to confirm this statement is correct . If there is a lien please note the lienholder 's name, the amount. owing, a contact name and telephone number. 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. If you have any questions, please do not hesitate to give us a call . Sincerely, RITCHIE BRO:3. AUCTIONEERS INT'L. Jan Banta Salesite Secretary JB/lc enclosure 930507 - Limited Partnership 821 Weld County Road 27,Brighton,Colorado 80601 Telephone(303)659-3962 Fax(303)659-2902 6-3-93 CONTRACT TO AUCTION To:RITCHIE BROS.AUCTIONEERS INT'L-Limited Partnership Dear Sirs: A. The undersigned(the"Owner")hereby instructs Ritchie Bros.Auctioneers Intl—Limited Partnership(the"Auctioneer")to sell,as agent of owner,the items set out in Clause G below together with additional items delivered to the site of the auction by Owner(the"Equipment")at an unreserved public auction to be held at BRIGHTON, COLORADO JUNE 24 93 on or about .19 or at suchother place or on such other date as Auctioneer may at its sole discretion deem appropriate; B. In consideration of the Mutual Covenants and Agreements contained herein and other valuable consideration,Owner andouarra for and Auctioneer apse that the terms and conditions of this Contract to Auction shall be those set out hereafter'and on the reverse hereof and by exec inky this Contract Owner and Guarantor extend to Auctioneer the representations and warranties herein set out and Owner and Guarantor and Auctfoheer agree to those lehna and conditions; C. Owner shall,at his cost,deliver the Equipment in a sale condition, in good running order and tree of hazardous-materials,to the site of the auction as determined by JUNE 11 93 w/50% fuel or better Auctioneer on or before 19 D. Owner hereby authorizes Auctioneer to supply such glass and parts and to carry out such welding,steam cleaning,sandblaetlng,painting,repairing and other refurbishing and incur such expense in the moving,hauling,storage,and service calls in Mepect Of the Equipment all as Auconete acts ebb discretion determines and all costs incurred plus a surcharge equal to 10%of such amount shall be at the expense of and paid by&her,provitlsd hetever,that The liability of Owe pursuant to this paragraph shall not exceed the sum of Three thousand- eight hundred doflars($ 3800. 00 ); E. Owner hereby authorizes Auctioneer to supply such fuel and batteries as Auctioneer at 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 Owner; F. Owner represents and warrants: (a) the Equipment is in a safe Wrditlon,in good running order,free of hazardous materials and has never been contami natedtiy any hazardous material whatsoever; (b) the Equipment is completely and accurately described as set out In Clause et below; (c) Owner is the beneficial owner of the Equipment and the EquipMent is rice*0bject to any claim by any person or to any registered or unregistered charges,liens,or interests of any nature or in any way arising excepting only as fully set out in Clause G below;and (d) 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 mayteput; G. Complete and accurate description of the Equipment and any encumbrances and liens thereon or contrary interests therein are as follows: Year of Item and Encumbrance Amount Owing Manufacture Serial Number HMidis (Knobs,state nil') on Encumbrance AS PER ATTACHED SCHEDULE "A" • FREE & CLEAR OF ALL LIENS & ENCUMBRANCES X NO LIEN SEARCH FEE TO BE CHARGED H. Owner hereby agrees to pay Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows: �r1 0 (a) 14 (X for any lot realizing more than $2,500, and (b)X�rLC for any lot realizing $2,500 or less but Wth a Z lee per lot; I. In consideration of Auctioneer agreeing to enter into this Contract,the undersigned Guarantor Mine*gbibi illsApia fields yif h Auctioneer to duly pay any monies which may become due by Owner to Auctioneer,to be bound by end duly perform slid b • vt iluabltrally,each and every provision of • this Contract(Includingthegirms and conditions printed en the reverse hereof);provided,however,that the liability of Guarantor shall net be effected by any extension of time,indugswitie,er any act whatsoever of Auctioneer done either with or without notice to Guarantor. THIS CONTRACT TO AUCTION SIGNED ON OWNER: 19 Company Name: WELD COUNTY (Please Print] AT Address: PO Box 758 Accepted by Greeley, CO 80631 RITCHIE BROS CTIONEERS 1 :2oOadr.sSta:urF Authorized Person C0NST eTid Signature: 06/16/93 NOTE Equipment remains at your risk—see paragraph 1(f)on the reverse hereof. Telephone:Business: 303-356-4000 Fax; 303-352-0242 Owner's Bank Residence: Branch Address GUARANTOR: Contact X Signature: Telephone PD AD SD CD Attn: George Goodell I I I Yes No �` I I I ❑ ❑ I �S © Note:Declaration on reverse side of origina�p Jp�pyQ_ • R2-93 HEAD OFFICE COPY ,.•Lq'm ) . , '. 7 �C`ON Obits VS C "il'IE f 'it -' ,3'''' ''' . I' 1. Owner and Auct _ (a) Owner he 1 • � o of .at the as - .s f e amr (b) Auctioneer may carry out the auction in accord) i%timh %pr M and in particular may group ous s of Equipment into such lob as h sees ft unless Owr ,iWNllw�iiikl g prior to the auction that any oft ulp ' arato be sold in any let.If no tie sole so given,Auctioneer shall apt be iable for any loss or damages x. ..: : spe the lotting d per d not a principal in the sale of the Equipment; ,err as agent of Owner shall bid on the Equipment at the auction; of the auction all documents evidencing Owner's title to the Equipment, all documents required to transfer to the 1 ent to am( roper endgrsadland,where ownership of the Equipment or any pert thereof is capable of being or required tOi I hp prOpolwy elidDtSd doc-t'lmdnts is ark necessary to permit any mater to register ownership of the Equipment.Owner acknowledges that without such documents the sale price of NWei'Is Attorney fOr It OS In'Its dine and on Its behalf to sign,execute and deliver all such to tQ and�•l�m��r• laird on of ownership of the Equipment to and by any purchaser thereof in the riiQ6Yik1dfiWi}W'b tiYAUC4Wlleer aft regUired; (f) the Equipment shall remain at the risk of Oemirintilifiehappening of the events hereinafter described.Owner shall: rn be m$eitelnttftsp lees or dam*s to the Equipmentwall the'earliest of: (ns the Equipment from the �he purchaser;or (g)„ refits , ffla In event of damage(o or destruction of this gquipment pn1511s*` to'thg gross proceeds of the auction and payment made to Auctioneer (A) ten,'IlgWlfenllilf'feir'WMfIwfiM11Ud'es Determined by Auctioneer of the damaged or destroyed Equipment Immediately priorftleacitalemegie Or dean 0Mni and (B! of all cash advances,If any,made by Auctioneer to or on behalf of Owner together with interest thereon;end (C) nets newtaej) a dax by loss, amager ,lose to the value o tiede or destruction; Owner qua, � " 6ngt be, p, rempor,the qas,damage,load of value or deglr' IQn to or of 126 i1ltilpotIIi ....,44M eider aver' any claim for costs,damage,or expense dieing out of such event howsoever cauesd to,t e gene Auctioneer. (g) io COO aY regNbrad or un 4)IMrgea Ile e,taxes,dutiesor interests claimed by any person or authority in respect Of twltatll•for1RA"dlecloee r'evereehereof. ( ., .the lasl'y'nlMlape,maaMldlino ah�elaknam Weeder to dear title to the Equipment;and (iI) Owner shall indenrlgy and save harmless Auctioneer and any purcaaaers,of any part of the Equipment against any and all loss, coats(Including Mtom hr's lees)or damages occasioned by such claims and defending such claims; (h) OwnerS Alfgl ribariO t i gii sake, 4d,if Owner is In breach of this provision,In addition to any other damages which amid, vend'•h y, (meet I amounts to which,Auctioneer would otherwise be•gfq hi I N re 1r lam„psyabh ,reap thereot,shall be besedupon the fair market value as such E (1) Owner n it all . lIat et.MiL2ea1 ns,c sts or Charges 1 e� al Mills sfhepests or Including, whatsoever arising from en inaccuracy in the tti (k) ki f8�1 t i�9Y e ,reauction by will sold re ct of ant not sold or not paid im for at the a tano Owner hereby a9dlt piles h0 monist bleb n an Auctioneer part of respectEquipment of any part of the ameor until h such pan the Equipment hereby Iffthe the (I) the auction will be without resarv,the Equipment to the highest bidder and there will be no guarantee whatsoever by Auctioneer at to the gross proceeds to be realized from the sale of the Equipment; (m) Owner win complywatfip retetlngtothe sale of the Equipment; n) This Contract creates a lien and chargget upon the Equipment and may be,registered under such personal property security or other legislation as may be in effect and ontltea_Auctioneer to seize and retain possession of the Equipment as security for, and/or sell the Equipment to recover,all sums owing to Auctioneer hereunder. 2. Auctioneer shall applyall amounts collected by It on account of the sale of the Equipment: (b) in burden rtMNMto Auctioneer of of all a charmed Auctioneer imposed abypursuant to paten H on the reverse Auctioneer's u herne ; d in reimbur amens W Auctoneer of e amount In erred t of the one p ant any competent authority on commission; (a in to Auctioneer of its commission In the amount as calculated (b InpaymsatereMtoAMrof ail eerofsa,duties expenorc sleviedoron sadb carrying out the provisions of Clauses D and E on the reverse hereof and above;(d) paid or incurred by Auctioneer pursuant to the provisions of subparagraphsttonne 1(it y or ail(t)hereof; (e) as o the bglarrca,terry, to of; by prepaid post,or on its behalf In accordance with Its written instructions on or before the twenty-0Mst(21st)day following the date of the auction of the Equipment; 3. Owner hereby irrevocably aMlgite to Auctioneer all amounts due pursuant to paragraphs 2(a),2(b),2(c)and 2(d)hereof; 4. Owner shall ply to Auctioneer ydeficiency arising in the event that the gross proceeds collected by it from the sale of the Equipment is at insufficient toow payment oasar&mbureement 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, if any appeal is taken from'say decision of the trial court,such further attorney's fees and costs incurred by virtue of such appeal. 6. Owner nut tqr�rfa $ lb deelIffeara'eemle,tra/esarbor lego'inadvertising the auction. 7. This ZordredPid edkal swag d taleelhe piece'of.pride contracts or understandings between the parties hereto and 'end rr tiatra;el�aolor., mIAstretars,successors and assigns: 8" This tin' i�H tf! WWI'"adiMt'1{htite)ViI li tt$ailctlon°tetra. State of .M1 ' >+'btdlty.W IN"TME y(�ld'rrEf OF the Contraettd Auction get out oh the reverse . ''' ' hbria)Vf yiPA the Peres therein Set,Out(the"Equipment") i'---._----- 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 le net subject to any mortgage,lied,charge or encumbrance of any nature whatsoever,registered or unregistered, except as set out di the ite baheof; 3. I make this soin dec the:purpose of Inducing the Auctioneer to-accept the engagement for the sale,of the Equipment and I make this solemn declaration d ,Mmiousiy believing it to be true and knowing that it is of the same force and effect as if made-under oath. . 'y" Subscribed and sworn before meat 1 In the State of ) 1 this_""----day of - ,19 . 1 ---- - - -- - -- - Notary Public for 1 • 1 • Signature_____ - ) 1 My commission expires - 930507 - MICH it EROS. Auctioneers Int'I, - Limited Partnership Schedule A Part of a Contract to Auction between Ritchie Bros. Auctioneers Intl. and WELD avAnti (Auctioneer) (Own ) dated Come 3 //;], 19 93 Sale Location S,eatr , 4con, w Sale Date NO 24, 1993 Year of Item— Encumbrance Amount Owing Manufacture Make,Model,Serial Number,Description Holder on Encumbrance 1965 jo tintete 1 ioA- mbA2 11OAx500✓, / eka Ka-M6 ss Hip, e4 1400-zqnees jR83 Sisr) l 7704 oe_6etote.. sfr,1 7Z oAx60D555 c& , //AB w)k44 ss hp, 0sub, tf rnii ne s 19g0 pass:sae 7 20E CQBc at1 s e. s1,.) %1(o2-9 wJai2 Rgc cT Jt t✓Gnt' cab(2orn Aa pads ' ucioteemitti if Initials Page of © �3 HEAD OFFICE COPY R1-93 Auctioneer Owner 9 Owner Cale y,.,.. Hello