HomeMy WebLinkAbout920868.tiff RESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE STANDARD AUCTION
AGREEMENT 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 Standard Auction Agreement
with Ritchie Bros. Auctioneers Int' l concerning said equipment, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, 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 be, and hereby is, authorized.
BE IT FURTHER RESOLVED by the Board that the Standard Auction Agreement
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 agreement.
920868
-PU 000q cc� 3L ) (2j t ttip (345,
RE: AGREEMENT - RITCHIE BROS. AUCTIONEERS INT'L
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted Li
bythe following/ vote//,/ on the 16th day of September, A.D. , 1992.
ATTEST: /�//�GG2„(/�__ BOARD OF COUNTY COMMISSIONERS
�Q�G�f ��/VVV ���///lll/// Gwi( WELD OUNTY, COLORADO
Weld County Clerk to the Board
oyfie Ke nedy, Chairman
BY: / j v iJYa .f� O ePiL ec,
Deputy Clerk to the Board onstance L. Harbe t, Pro-Tem
APPROVED AS T ORM: EXCUSED DATE OF SIGNING (AYE)
CC. W. Ki
County Attorney Gor. . La'
11 /
W. H. ebster
920868
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821 Weld County Road 27,Brighton,Colorado 80*0I Telephone(303)859-.3862 Rau(303y659-290g
CONTRACT TO AUCTION
To:RITCHIE BROS.AUCT
IONEERS INT'L j`-LYRNrd Pwateraftilr
Dear Sirs:
A. The undersigned(the"Owner'.)hereby inetnale Rise Bros.Auctioneers kill—Massa Partnership(the"Audionese)to nth,a agent of owner,the items set out in
Clause G below together with additional kerns dratted totteelle oft eautlbntyOaer(Se"Equipment")S a ureseswedpblinaieVen*Deheldat
`_r'RIGHTON, COLORADO merabbut OCTOBER—I-3- 92 gym ywehoeerplsca Nan such oiler date as
Auctioneer may at Its sole discretion deem epprepdele; tif y
B. Ni consderation of the Mutual Covenants and Agrs.Mwnts waled lag
y { ' OtaRrubr Ind AediMwer Agree that the terms
„cat of the Contract to Auction cubs Ogg*Pot 4hs lefsaa6ar a4 Auctio 0 Si Carat y7adla And ldaerseea extend to
Auctioneer the representations and wanentlee eosin set out sett wend a and A rear F asto and oenditions;
C. Owner shall,at his deliver the Equ nwa intent*WY condign%i-geOOMr ,odor end free Steam maledsV,teem ale site erection as determined by
Auctioneer on or before RPPTRMRIeta i '?+4 y(.Q 9 ; .p/508 PURL OR BETt'ER
D. Maned plus a surcharge equal o 1016 doIr ter el ate i sew and isE by Owe prow a+ J. mpaidrormaes nd SI costs
Owner hereby authorizes/yawn(to pujeattlea'kipy,OHM slats toianderred such surchae a the Manua arts abesha hele in ands Sanwa rp ra tiada1yt�eleal f ddamhes and ell casts
aagtMal iOMd lalasaeG uda`aM ppbNy of Owriet.pWarant to the
paragraph shall not exceed the sum a ETV `THOUSAND FiVFk' F;UNDRED a0 5,500.00 );
e. Owner hereby authorizes Auctions to flatted'fuel and batteries as Amain,6t Needs ration dabnrfiMb aeeaany foram demonstration and sale of the
Equipment and all costs marred shill be at the itemise of and pee by creseit
F. Owner represent('end warrants:
— (a) the Equipment is Massie eonddlo6 inyoodeM Mrq ceder,free of handout n eleefi,Is aid bee never been capmlibalsdby any haasrdnrrs material whatsoever:
(b) the Equipment is completely and saourafehaSSINIMOM aasata5 inCia oMOMpim,
(c) Owner Is the beneficial owner of the EquipnMM and Pe Equipment is not sublet le any dim by taly;pen*cutely leg elered orwwegieerad charges,liens,or
interests of any nature or in any way arising egug(gi9 May see fkiMMtOMin CMas. see
(e)'Equipment as not subject to Vie aogetIon r agrYa s. M any'peat pens,eft", Blge;Nag pegled a4P�on armor of any kind and nature
+.nobdtitsendoq any pea.teeeentor kWerawahlyOall the Entailment n'aetlie 44F
is Or heel*tale put,
G. Complete and accurate description of the Equipment and any encumbrances and hens thereon or contrary Interests therein'
am aslobos:
loam et flea ant t. bmberblare r Amount Owing
Manufacture Emil Number healer (l:emit,Mae'at) en dse"mbeenee
NA—ie$HH—SEARCR F E i
Jig 4
kS PER ATTAPHFD' BCHIPnULE "k"
NOTF: Impairs or seats or glans pot 3 nctuded Rinabove itan- D
and to her.notvpletecl by ow ear_
' FR. !`T L`"a Ty"YlD'r'wM DT T' T T TQ ' Ti TCiJIwIL�ISt]LRCE5
H. Owner hereby agrees to pay Auctioneer an acSa cbmniaslon basedontyyh�e goes�sie pats ofte$wkeeere army pee thetoifr Myer 10% Str. Conurt.
_. ($X94lSXXIIMX i>gtii 3!lC 9bC41tE.. . fee per lot;
I. M comldaation of Auctioneer aigrasbeg to salaeNe Ws Conan,9woadele;sdOuaamerlaeYg,[tmlWs,.as"os lisisi prizes with Aaeld"wr to
duly pay any monies which nay beans due by loaner to AusMoaeer,to be bead icy and day pedant ad althea,pmmbWy,eeeh end every provision of
=-r. 'VW Covent(Melvaig the twee abd'eMtaiau4lbbedYaylillhsas btaS hoasysr,Met VW U ,et9esesa _Sail net be effected by any
ekterelenasS..,Indulgence OfawyaastlaiMoltsa hoes eerdanaltker with arallbttasem to MIS
-
THIS CONTRACT TO AUCTION SIGNED ON OWNER:
tt, Company Name: WELD COUNTY
(Few Print)
AT Address: PO Box 758 . - .
IE�lgYS.AUCTIONEER. ITi(i Greeley, CO 80631'
dr!",ho K� �i i W CAN
, Authorized Know CBOrge k:ent+ndy Tide:-C Man
(.test: ,,
• er a nt 2S t r�eti'S Signature: ".
By; E NOTE Equipment remains at your risk—see paragraph 1(f)on the reverse hereof.,
Deputy e;1er1`:' t3 bt?a;'R Telephone:Business: i i 3-°'' :ea-4lti.l) Fax:
Owner's Bank
Residence:
Branch Address
GUARANTOR:
Contact
Signature:
Telephone
PD I AD SD CD
I I Yes No I
I I I ❑ ❑ I cb'2
OWNER'S COPY 920368
TERIM%AND CONDITIONS OF THE CONTRACT iv AUCTION
1. Owner and Auct eer agree:
(a) Owner hereby ee rein t the Ziti . ' n of oness)rc �p alit Ira ect of the fitment at h
the expensebfOMSK but Alin else shall A y ndect,tell f any sdcla lei ;
(b) Auctioneer may carry out the auction in accordance with its usual procedures, a In particular may group serious rts or
Equipment Into such lots as it sees fit unless Owner netlike,Audiometer in writing prior to the auction that any p oft quipl t
are to be sold in any particular lot,if no notice is so given,Auctioneer shall not be liable for any loss or damages c Ime ref I*the lotting of the Equipment;` „,
c) Auctioneer is hereby constituted as an agent only of Owner and not a principal in the sale of the Equipment;
d) neither Owner,nor ally ppetlrson,net corporation affiliated with,or as agent of Owner shall bid on the Equipment at the auction;
e) Owner shale deliver to Auctioneertslt(10)days prier to the date of the auction all documents evidencing Owner's title to the Equipment.
all documents required to transfer title to the Equipment to any purchaser there400f, properly endorseds.snd, where ownership or the
Equipment or any part thereof is capable of being or required tee e'regislerid)alieuch properly eaam'seyfeFfildcamenities 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 lees than that obtained for such Equipment accompanied by such documents.Owner hereby nominates,
constitutes and appoints Auctioneer Id true end lawful-Attorney fOr it and tmis name-led'en its bahatf 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 purchaser thereof in
the event that such documents have not been delivered by Owner leAuctbneer as required;. -
(f) the Equipment shall remain at the sole risk of Owner until the happening of the events hereinafter described.Owner shalt
(I) be responsible for any loss gr damage to the Equipment until the earliest of:
A)) the removal of the EquWtilent from the auction site by the purchaser;or
S) receipt by Owner of all qgc eeds from the sale of the E pment;
(p) sure the equipment to iteilall insurable`Value against ailp ill sd thetin the event of damage to or destruction of the Equipment
or any part thereof,ail ineura a proceeds than be credited to the gross proceeds of the auction and payment made to Auctioneer
forthwith ter:" , °' `- ,: -
(A) commission,based oaths fair market values&determined.:by Auctioneer of*damaged or destroyed Equipment immediately
prior to such damage or destruction;and
((fi repayment of all cash advances,If any,made by Auctioneer to or on behalf of Owner together with interest thereon;and
(C) reimbursement of all out-of-pocket costa for refurbishing or repairs done by Auctioneer prior to the damage or destruction;
Owneracknowledges and agres r Auctioneer shall not be liabb to Owner forth*fWle,tglinage,lose olvelue or destruction to or of
the u1 ment, ver bane and Owner' trr�ioy Nitre*Auctioneer front anyEimfor Sete damage,or expense arising out of
such event he resented but riot MtiNd to,the negligence 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 whether or not disclosed on the reverse hereof::
(I). Auctioneer may make paymenesto any suph claimant in order,to clear title to the Equipment and
(ii) Owner shall indemnify and save harmless Auctioneer and any purchasers of any.part of the Equipment against any and all loss.
costs(Including attorney's fees)or damages occasioned by such claims and defending such claims;
(h) Owner shall not withdrew the Equipment or any part thereof from the auction sale and,if Owner is in preset otthis provision,in addition
to any other damages which nsy'be assessed,Owner shall pay to Auctioneer all amounts to*tint Auctioneer Would otherwise be
entitled pursuant to paragraph hereof(and the commission minable in reseed shall be based'upon the fait market value as
determined by Auctioneer of suit ct Meteor wlthdraiim tqof nt); ` r
(i) Owner authorizes Auctioneer to ize any part of to Equipment Insetting up the attain;
(j) Owner shall Indemnity add save lees Auctioneer doalnst all Stilts,act s,cost*ercharges whatsoever arising from any represen-
tations contained herein or from' y breach daffy Of Owner's obtigatione hereunder;'including,but not limited to,any inaccuracy in
the description of theEquipment
(k) Auctioneer may,if they deem it necessary,resection any part of the Equipment not sold or not paid for at the auction and Owner hereby
acknowledges that no monies Ogg be payable by Auctioneer In respect of any part of the Equipment until such part A then Equipment
has beenpaid for In full by the purchase 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 end.entitles 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 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 pursuant to 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 to the provisons
of subparagraphs 1(g)(i)or 1(g e)hereof;
(e) as to the balance,if any,mat to_Owner by prepaid post,or on its behalf in accordance with its written instruction'.an or before the
twentyfirst(21st)day following the date of the auction of the Equipment;
3. Owner hereby irrevocably assigns to Auctioneer all amounts due pursuant to paragraphs 2(a),2(b),2(e)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 is
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 It 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 any decision of the trial court,such further attorney's fees and costs Incurred byvirtue of such appeal.
6. Owner authorizes Auctioneer to use Owner's naves,trsdemsrk or logo In advertising the auction,
7. This Contract,00natltuss the entire Eminent eruct Woe the place of prior contracts or,-4 derstand fgs between the parties hereto and
enures to the benefit atandfa bind kiprYpnd.their. ireaefecutere.,edcaelletretere,ettcceSe end seMilinit,
8. This Contract is eubiect to and shailbeidetermined under the laws.ofdhe.State,inwhkthMrhsection occurs.
IN THEiMA F the Contractile Auction set out on the reverse
State of .____.._ _ — -_ .__—County of .w. •hereof and the, m ou s therein set writhe"Equipment")
I. ..---------- ---- -------_...._ of the — -------------
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 arc,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 if made under
oath.
Subscribed and sworn before me at_.--_..---
in the State of____—_— —..._--- --- )
1
this_ . day of _,19. . )
Notary Public for_ - -- )
Signature—..-- ---------___ ... )
1
My commission expires _ ----- --- - 1
WELD COUNTY
PO BOX 758
GREELEY, CO 80631
GEROGE GOODELL
303-356-4000
SCHEDULE "A"
1 1979 CAT 140G MOTOR GRADER
S/N 72V3668 UNIT #15820015
C/W V8 ENG. , 5 SPD. TRANS. , 16 FT. BED
2 1979 CAT 140G MOTOR GRADER
S/N 72V3623 UNIT #15820013
C/W V8 ENG. , 5 SPD. TRANS. , 16 FT. BED
3 1981 DRESSER 540 WHEEL LOADER
S/N 3520101U003202 UNIT #15830009
C/W ASBURY SPADE NOSE BUCKET, CAB, 23.5-25 TIRES
4 1975 IHC 4500 LOADER/BACKHOE
S/N C467686 UNIT #15840004
C/W GP BUCKET, CANOPY, 24 IN. HOE BUCKET
5 1983 GMC BRIGADIER T/A DUMP TRUCK
S/N 1GDT9C4J7DV521681 UNIT #15460006
C/W GM POWER, 10 SPD. TRANS. , 14 FT. BOX, 34,000
LB. REARS, 10.00R22 TIRES
6 1981 IHC S1854 S/A DUMP TRUCK
S/N 1HTAA1856GHA29360 UNIT #15450006
C/W IH POWER, 5X2 TRANS . , 10 FT. BOX, 21 ,000
LB. REARS , 10.00R22 TIRES
7 1979 CHEVROLET BRUIN T/A TRUCK TRACTOR
S/N C49CJ9V167589 UNIT #15410006
C/W GM POWER, 10 SPD. TRANS. , 5TH WHEEL, 180 IN.
WB, 34,000 LB. REARS , 10.00R22 TIRES
8 1979 CHEVROLET BRUIN T/A TRUCK TRACTOR
S/N C49CJ9V167145 UNIT #15410007
C/W GM POWER, 10 SPD. TRANS. , WET KIT, 5TH WHEEL,
180 IN. WB, 34, 000 LB. REARS, 10.00R22 TIRES
9 1985 FORD (CAYAL CRAFT-TYPE 3) AMBULANCE
S/N 1FDKE30L7FHC32333
C/W V8 ENG. , A/T, A/C, 120V INVERTORS, DUAL
BATTERIES
Fir
8
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