HomeMy WebLinkAbout900530.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 declared certain equipment as surplus,
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 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 18th day of
June , A.D. , 1990.
,�� •� BOA OF COUNTY COMMISSIONERS
ATTEST: /i. th 444Ai,J WE OUNTTY, COLORAD
Weld County Clerk and Recorder Miff
and Clerk to the Board 'Gene R. Br to r, Chairman
p-,n4----,y,s , e e K nnedy, Pro- em
puty County Cristrkiaj
EXCUSED
APPROVED AS TO FORM: Constance L. Harbert
e"-------7 -----r---J� EXCUSED
C.W. ED
.County Attorney
Gor . L c
ti, , _ �� � - !/� d 900530
LCJW
A;
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RITCHIE EROS. Auctioneers Int'I.
— Limited Partnership _
821 Weld County Road 27,Brighton,Colorado 80601 Telephone(303)659-3962 Fax(303)659-2902
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 the items set out in Clause G below together
with additional items delivered to the site of the auction by the Owner(the"Equipment')at an unreserved public auction to be held at
illy j,lill t.C� lr iu t!) ...1 cC;C on or about June 2. ,199O or at such other place or on such other date as
the Auctioneer may at its sole discretion deem appropriate:
B. The Owner and the Guarantor and the Auctioneer 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 Guarantor extend to the Auctioneer the representations and warranties herein set out and the Owner and the Guarantor
and the Auctioneer agree to those terms and conditions;
C. The Owner shall,at his cost,deliver the Equipment in a safe condition,in good running order and free of hazardous materials,to the site of the auction as determined by
the Auctioneer on or before -It+r.:-: ,' .w,/5O
t twit ox Uctly,r
D. The Owner hereby authorizes the Auctioneer to supply such glass and parts 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 an as the Auctioneer at 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
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to this paragraph shall not exceed the sum(Rive Tno sand Five ti 1111011 P_c. dollars($ a• 5 ti • U U )I
E. The Owner hereby authorizes the Auctioneer to supply such fuel and batteries as the 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 the Owner;
F. The Owner represents and warrants:
j (a) the Equipment is in a safe condition,in good running order,free of hazardous materials and has never been contaminated by any hazardous material whatsoever;
(b) the Equipment is completely and accurately described as set out in Clause G below;
(c) 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
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interests of any nature or in any way arising excepting only as set out in Clause G below;and
(d) 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 description of the Equipment is as follows:
Year of hem and Encumbrance Amount Owing
Manufacture Serial Number Holder (it none,state nil') on Encumbrance
-1c: .� '�1' t`al $�,r'j.) :itil•iliUJl.t: " yn
& MISSSON&.1.'0 au i'ROVLi:. O BY Oh14i;:
.. CLEAR FROM F1Y:L LIENS rx a:..v�,..�;:� .,.F,iCh.:• .. .'����(�
•
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H. The Owner hereby agrees to pay the Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows:
u(gt tetIttranytattoanxianla tanar=zattasec nF�O�.� f.CS tammizing=auxznastftuaan —arioim®352...72taaym'mt:
I. In consideration of the Auctioneer agreeing to enter into this Contract,the undersigned Guarantor hereby 4
9 y my performess,covenants observe,
and unctagrees with the Auctioneer
to duly pay any monies which may become tluehy the Owner to the Auctioneer,to be bound by and duly perform and observe,punctually,each and every
provision of this Contract(Including the terms and condftions printed on the reverse hereof);provided,however,that the liability of the Guarantor shall not be
affected by any extension of time,indulgence or any act whatsoever of the Auctioneer done either with or without notice to the Guarantor.
THIS CONTRACT TO AUCTION SIGNED ON OWNER:
19'x.' Company Name: 'ry E'1 •ar"'Yl$'
(Please Print)
AT Address: *: • • Ub
Accepted by
RITCHIE BROS.AUCTIONEERS INT'L —''<>�--6" . C C:. ',i 631
—Limited Partnership Kenny IN, Ii"uiU.:11I1 _ ^
Authorized Perso YV i3 XYiE9I1 Titter'.
Witness as to the Owner's and Guarantor's Signatures: Signaturd{ �
NOTE:Equipment remains at your risk—see paragraph 1(1)on the reverse hereof.
Telephone:Business: ),4 J—y b-. I U u Fax:
Owner's Bank
Resitlen •
Branch Address • /��j�
GUARANTOR: I /A
Contact
Signature: '
Telephone
PD I AD SD
I Yes No D
I I I Yaill5
OWNER'S COPY 900530
R2"an Zie1t,a "
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TERM ND COt Ol t leittS Of Silt. Cf„Itt9iilk(ri 1 .f.ICTION -
1. The Owner and the Auctioneer agree: e4). `f
(a) The Owner hereby authorizes the Auctioneer at It-!. tl.soh:te diSi.reitU.a of the Auctioneer to carry out title searches in respact of'the
Equipment at the expense of the Owner, but Sr no cese shad the Auctioneer have a dutsero conduct,nor be responsible for the results
of any such title search;
(b) the Auctioneer may carry out th fiction in accordance with its usual procedures,main particular may group various parts of the
Equipment into such lots as it sees fit imless the Goner rielifies the Auctior:eei 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 loss or damages claimed
in respect of the lotting of the Equipment
(c) the Auctioneer is hereby constituted as an ayent wilt;el the Owner and not a principal in the sale of the Equipment;
(d) neither the Owner,nor any person,nor corporatism affiliated with,or as age,rt cif the Owner shall hid on the Equipment at the auction-
(e) the Owner shall deliver to the Auctioneer ten(19)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 orirehaser thereof,properly endorsed and,where ownership
of the Equipment or any part thereof is capable of being or required to he 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 Auctioneer its true ant!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 registratbn 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 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
(B) receipt by the Owner of sitproceeds 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
Auctioneer forthwith for:
(A) commission, based on the fait reerket value as determined by the Auctioneer of the damaged or destroyed Equipment
immediately prior to sucteciamaye or destruction;and •
(B) repayment of all cash advances. if any, made by the Auctionr•+.r tr,s:r,,r, behalf o1 the Owner together with interest thereon;
and
(C) reimbursement of all out•il-poseret vests for refurbishing or repairs done by the Auctioneer prior to the damage or destruction;
The Owner acknowledges and agrees that the Auctioneer shall not be liable to thezOwner for the loss, damage, loss of value or
destruction to or of the Equipment,howsoever caused.and the Owner hereby releases the Auctioneer from any claim for costs,damage,
or expense arising out of such event howsoever caused intruding,but not limited to,the negligence of the Auctioneer.
(g) in connection with any registered or unregistered charges liens,taxes,duties or irderests claimed by any person or authority in respect
of the Equipment whether or not disclosed on the reverse hereof:
(i) the Auctioneer 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 Atctioneer and any purchasers of any part of the Equipment against any and all
loss,costs(including attorney's fees)or darrerees occasioned by such claims and defending such claims;
(h) the Owner shall not withdraw the Equipment or any part thereot trori the auction sale and.it the Owner is in breach of this provision,In
addition to any other damages wMch may be assessed,the Owner shall pay to the Atfictioneer all amounts to which the Auctioneer
would otherwise be entitled oursuant to paragraph 2 hereof(and the commission payable in respect thereof shall be based upon the
fair market value as determined by the Auctioneer of such withdrawn Equipment):
(i) the Owner authorizes the Auctioneer to utilize any part of the Equipment in setting up the auction;
(j) the Owner shall indemnify and save harmless the Auctioneer against all suits,actions;costs or charges whatsoever arising from any
representations contained herein Or from any breach of any of the Owner's obligation's hereunder, including, but not limited to, any
inaccuracy in the description of the Equipment:
(k) the Auctioneer may,if they deem it necessary I t.ri:.Mill airs par i of the egireeneet not sold or riot paid for at the auction and the Owner
hereby acknowledges that no mottles strait De payatlie by file Airetiuneer 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
Auctioneer as to the gross proceeds to tie realized nom the sale of the Equipment:
(m) the Owner will comply with all laws relating to the bale of airs Equipment: ,
(n) This Contract creates a lien and charge upon the Equipment and may be registered under seen personal property security or other
legislation as may be in effect and entitles the. Am tioneer to seize and relain possession of the Equipment as security for, andior sell
the Equipment to recover,all sans owing to the Auctioneer hereunder.
2. The Auctioneer shall apply all amounts collected by it or ;recount of the sale of the Equipment:
(a) in payment to the Auctioneer of its commission in the amount as calculated pursuant to Clause H on the reverse hereof;
(b) in payment to the Auctioneer of all taxes, duties or charges levied or imposed by any competent authority on the Auctioneer's
commission;
(c) in reimbursement to the Awe eirieer et set egpvita 5,nc uri d by ine Auetioire.c:r le cerrying out the provisions of Clauses D and E on the
reverse hereof and paragraph 1(s)above
(d) in reimbursement to the rose:oneer or ow/ arriol:ni ire rest:..,.1 „s u.,. Equrein et {paid or ntciu'ted by the Auctioneer pursuant to the
provisions of subparayiuFhs 1(g)(1)or i;y;1:.;iiine-it,
(e) as to the balance, if any,mailed to the Owner by prepaid pz;st .:r oir ifs bcrialt in accordance with its written instructions on or before
the twenteefirst(21st)day following the date of tine auction of the Equipment;
3. The Owner hereby irrevocably assigns to the Set.,,oreer all amounts due pursuant to paragraphs 2(a),2(b).2(c)and 2(d)hereof:
4. The Owner shall pay to the Auctioneer airy deficiency <cirsiri in ti.r- evenr that the gross proceeds collected by it from the sale of the
Equipment is insufficient to allow payment or reimbursement to the Airiem eer „i ea.aunts due to it pursuant to paragraphs 2(a),2(b),2(c)
and 2(d)hereof;
5. In the event the Auctioneer is requi!ed to re.;iii the service;of an att.•rtney.or if any suit,action,ui proceeding is instituted to enforce any of
the terms,covenants or conditions A this contract.the Auctioneer shall be entitled to recover its attorney's tees and costs and,if any appeal
is taken from any decision of the trial court,such further attorneys fees and costs incurred by virtue of such appeal.
6. The Owner authorizes the Auctioneer to.use the Owner's name,trademark or logo in adver bang the auction.
7. This Contract constitutes the entire egreereem 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.
8. This Contract is subject to and shall bsrtietermined under the laws of the State in which thesuction occurs.
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// IN THE MATTEROF the Contract to Auction set out oe the reverse
��;'� !* f1 COUM at _ L; hereof and the items therein set out(the"Equipment"
State of . �- y .
- ' l '1 r J If2
( af.� ilt�' l 1�� i9 IImo*" uttire. . Olets l is ...____..of_..__.4_-�,.. • `), ._
in the State of—__...i,!4._ ;s_: ` . do solemnly detiare that:
1. I am (the agent of) the Owner of the Equirseeet set out on the reverse hereof and forming part of this my Declaration and, as such, have
knowledge of the matters hereinafter deposed tc
2. The representatiors and wacrintis s In recut e the See eputieni Sri-i,c r.!ratel•,tin0 t.empletely set out above and on the reverse hereof and
particularly the Equipment is net subject to enq rnortgage lien,ohai ge or encumbrance of any nature whatsoever.registered or unregistered,
except as set out on the reverse hereof;-
3. I make this solemn declaration tt,r the p•frpc lnri tc.;y Ir. A. ;roe, ;c a<,-i-li,`. the engagement for the sale of the Equipment and I
make this solemn declaration ,erisclentiously believing it to be true and knowing that it is of the same force-arid effect as if made under
oath.
Subscribed and sworn betcre!ne.,t )
i
)
in the State of ... .....
i �.
this . ....- da of_ _._ _ !e _ _._ -
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(t UAL :w:-. 1 /// �.
Meta,e Public lot- -.... 2-44 AA 44.4- ", e) 1
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;tiellaktie- , - _._filL7ir—ii t-,.ei .�rt .K, .
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My commission expires —__ 900530
r ti
WET COUNTY
• ' P .U. Box 750
GREELEY, CO. 80631
DON WARDEN
303-356-4000
SCHEDULE "A"
1 1979 Cat 140G Motor Grader
S/N 72V3644 Unit #15820017
C/W Scarifier, 14 £t. M.B. w/hyd . S.S. & tip,
2 ft. ext. , cab w/air cooler, 14.00-24 tires
2 1979 Cat 140G Motor Grader
S/N 72V3612 Unit #1.5820012
C/W Scarifier, 14 -ft. M.B. w/hyd. S.S. & tip,
2 ft. ext. , cab w/air cooler, 14.00-24 tires
3 1976 Cat 130G Motor Grader
S/N 74V941 Unit #15820009
C/W Scarifier, 14 ft. M.B. w/hyd . S .S . & tip,
2 ft . ext . , cab w/air cooler, 14.00-24 tires
4 1980 IH 540 Wheel Loader
S/N 3036 Unit #15830007
C/W G.P. bucket, ROPS cab, 23 . 5--25 tires
S 1968 Austin Western PR11 Pneumatic Tired Roller.
S/N MPR11-1954 Unit #1.6020001
C/W 6 cyl . eng. , 7 . 50--16 tires
6 1979 GMC Brigadier T/A Truck Tractor
S/N T49CJ9V619363 Unit. #15410003
C/W GM power, 15 spd. trans . , P/S, 5th wheel,
172 in. W.B. , 44000 lb. rears, 10.OOR22
tires
7 1979 Chevrolet General T/A Truck Tractor
S/N C49CJ9V167142 Unit #15410008
C/W GM power, 15 spd . trans . , P/S, 5th wheel,
172 in. W.B. , 44000 lb. rears, 10.00R22
tires
8 1986 Chevrolet C60 S/A Cab & Chassis
S/N 1GBHC34M9GJ145541 Unit #1.5420024
C/W V-8 eng. , 5x2 trans.
9 1985 Ford F250 3/4 Ton Pickup
S/N 1FTHF25G25CPA51735 Unit #15230013
C/W V-8 eng. , auto. trans.
10 1.984 GMC 2500 3/4 Ton Pickup
S/N 1GTGC24M4EJ524140 Unit #15230011
C/W V-8 eng. , auto. trans.
11 1982 Over Lowe Walk Behind Vi.b. Roller
S/N A962 Unit #16010004
C/W Hatz power, 24 in. dual drums
9005-30
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