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Home My WebLink About930935.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" to the Contract To Auction mentioned below, 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, and declare said equipment as surplus. 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. 930935 /I,ODO'f Cc : f}C, fU, 7CH/a b,'D5. RE: 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 20th day of September, A.D. , 1993. BOARD OF COUNTY COMMISSIONERS ATTEST: id% WEL] COUNTY, COLORADO Weld County Clerk to the Board (! jj.r� Constance L. Ha beert, C irman BY: Deputy Cle to the Board W. H9Webster, Pr -Tem APPROVED AS TO FORM: r cr. O4 ,/G orge�t. Baxte Co my Atto ney a . Ha 1 Barbara J. Kirkmey r 930935 WELD COUNTY PO BOX 758 GREELEY CO 80631 303-356-4000 SCHEDULE "A" 1 . 1966 CAT D7E CRAWLER TRACTOR S/N 48A7466 UNIT # 15810002 C/W S DOZER W/TILT, CANOPY, NO. 25 CCU S/N 9D50025 22 IN. SG PADS 2. 1975 JOHN DEERE 410 LOADER BACKHOE S/N 223243T UNIT # 15840003 C/W GP BUCKET, CANOPY, 24 IN. HOE BUCKET, 11L-1S FRONT TIRES, 16. 9-24 REAR TIRES 3. 1982 FORD LT9000 T/A DUMP TRUCK S/N 1FDYU90ROCVA45548 UNIT # 15460010 C/W GM 8V92 POWER, RTO 11608LL TRANS, 14 FT BOX, 34,000 LB. REARS, 10.00R22 TIRES 4 . 1979 CHEVROLET BRUIN T/A TRUCK TRACTOR S/N C49CJ9V167143 UNIT # 15410002 C/W GM 8V92 POWER, 15 SPD. TRANS. , 5TH WHEEL, 172 IN. W. S. , 44, 000 LB. REARS, SPRING SUSP. , 10.00R22 TIRES 5. 1979 CHEVROLET BRUIN T/A TRUCK TRACTOR S/N C49CJ9V16744 UNIT # 15410004 C/W GM 8V92 POWER, 15 SPD. TRANS. , 5TH WHEEL, 172 IN. W .B. , 44,000 LB. REARS, SPRING SUSP. , 10.00R22 TIRES 6 . 1982 RANCO 18 CY T/A BOTTOM DUMP TRAILER S/N 1R9BS7503CL008094 UNIT # 15610008 C/W SINGLE GATE, REAR P.B. , 10.00R22 TIRES 7. 1982 RANCO 18 CY T/A BOTTOM DUMP TRAILER S/N 1RBS7506CL008090 UNIT # 15610009 C/W SINGLE GATE, REAR P.B. , 10 . 00R22 TIRES 8 . 1966 TIMPTE 30 FT S/A FLOAT TRAILER S/N 6375 UNIT # 15630003 C/W LANDING LEGS, 10 .OOR20 TIRES 930935 9-10-93 • BITCH • BROS. Auctioneers Intl. — 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, 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 CO on or about OCT 12 .19 93 or at such other 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 and Guarantor and 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 Owner and Guarantor extend to Auctioneer the representations and warranties herein set out and Owner and Guarantor and Auctioneer agree to Mose terms and conditions; C. 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 Auctioneer on or before SEPT 22 ,19 93 ;W/50% FUEL OR BETTER D. Owner hereby authorizes 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 all as 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 Owner, provided however, that the liability of Owner pursuant to this paragraph shall not exceed the sum of FOUR THOUSAND SIX H 'ND ED TWFNTY-FTVF. dollars($ 4 .625. 00 g 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 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) 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 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 may be put; 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 Holder (if none,state'nil') on Encumbrance AS PER ATTACHED SCHEDULE "A" • ' free "FREE AND CLEAR FROM ALL LIENS AND ENCUMBRANCES" X NO LIEN SEARCH FEE TO BE CHARGED PROPER TITLES TO BE DELIVERD TO A SI F. NO TATFR THAN TWO-WEEKS PRIOR TO SALE DATE H. Owner hereby agrees to pay Auctioneer an auction commission based on thegross saleprice of the Equipment or 1 0 STRAIGHT g any part thereof as follows: '!MISSION XXMIXXXXXXXX4MXXXMMXXXXXLIXXXXXX4114XXXXXXXXXXXXXXXIMEXXXXXXOXIMIRX)Qnt' I. In consideration of Auctioneer agreeing to enter into this Contract,the undersigned Guarantor hereby guarantees,covenants and agrees with Auctioneer to duly pay any monies which may become due by Owner to Auctioneer,to be bound by and duly perform-rind observe,punctually,each and every provision of this Contract(including the terms and conditions printed on the reverse hereof);provided,however,that the liability of Guarantor shall not be affected by any extension of time,indulgence or 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 Pratt AT Address: PO BOX 758 Accepted by GREELEY CO 80631 RITCHIE BROS.AUCTIONEERS INT'L —LimitedPartnership Kenny W. Duncan 6ONSTANCE L. HARBERT CHAIRMAN Authorized Person: Title- Signature- Witness as to Owner's and Guarantor's Signatures: 09/22/93 NOTE:Equipment remains at your risk—see paragraph 1(p on the reverse hereof. Telephone:Business303-356-4000 Fax: 352--0242 Owner's Bank Residence: Branch Address GUARANTOR: Contact Signature: Telephone PD I AD I YesSD No I ECD I ❑ ❑ I • • nz-ss . OWNER'S COPY 930935 • TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION 1. Owner and Auctioneer agree: (a) Owner hereby authorizes Auctioneer at the absolute discretion of Auctioneer to carry out title searches in respect of the Equipment at the expense of Owner,but in no case shall Auctioneer have a duty to conduct,nor be responsible for the results of any such title search; (b) Auctioneer may carry out the auction in accordance with its usual procedures, and in particular may group various parts of the Equipment into such lots as it sees fit unless Owner notifies Auctioneer in writing prior to the auction that any parts of the Equipment are to be sold in any particular lot.It no notice is so given.Auctioneer shall not be liable for any loss or damages claimed in respect of the lotting of the Equipment; (c) Auctioneer is hereby constituted as an agent only of Owner and not a principal :n the sale of the Equipment; (d) neither Owner,nor any person,nor corporation affiliated with,or as agent of Owner shall bid on the Equipment at the auction; (e) Owner shall deliver to Auctioneer ten(10)days prior to the date of the auction ail documents evidencing Owner's title to the Equipment, 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 to be registered..all such properly endorsed documents 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 aces warned by such documents.Owner hereby nominates, constitutes and appoints Auctioneer Its true and 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 registration of ownership of the Equipme nt to and by any purchaser thereof in the event that such documents have not been delivered by Owner to Auctioneer as required; (f) the Equipment shall remain at the sole risk of Owner until the happening of the events hereinafter described.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;re (B) receipt by Owner of all proceeds 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 Auctioneer forthwith for (A) commission,based on the fair market value as determined by Auctions I of the damaged or destroyed Equipment Immediately prior to such carnage or destruction;and (B) repayment of all cash advances,it any,made by Auctioneer to or or, beha!I of Owner tome her with interest thereon:and (C) reimbursement of all out-of-pocket costs for refurbishing or repairs done by Auctioneer prior to the damage or destruction; Owner acknowledges and agrees that Auctioneer shall not be liable to Owner for the loss,damage,loss of value or destruction to or of the Equipment,howsoever caused,and Owner hereby releases Auctioneer from any claim for costs,damage,or expense arising out of such event howsoever caused including,but not limited to,the negligence of Auctioneer. (g) In connection with any r eglstered or unregistered charges,liens,taxes.duties or interests claimed l,y any person or authority in respect of the Equipment whether or rot disclosed on the reverse hereof. (i) Auctioneer may make payments to any such 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 attorneys fees)or damages occasioned by such claims ant'unending such claims; (h) Owner shall not withdraw the Equipment or any part thereof from the auction sale and,if Owner is in breach of this provision,in addition to any other damages which may be assessed, Owner shall pay to Auctioneer all amounts to which Auctioneer would otherwise be entitled pursuant to paragraph 2 hereof(and the commission payable in respect thereof shall be based upon the fair market value as determined by Auctioneer of such withdrawn Equipment); (I) Owner authorizes Auctioneer to utilize any part of the Equipment an setting up the auction; (j) Owner shall indemnify and save harmless Auctioneer against all suits,actions,costs or charges whatsoever arising from any represen- tations contained herein or from any breach of any of Owners obligations hereunder, including, hut not limited to, any inaccuracy in the description of the Equipment; (k) Auctioneer may. it they deem,t necessary,reauction any part of the Egerprm-nt not tr sin ar net ,iti r ion at the auction and Owner hereby acknowledges that no monies shall be payable by Auctioneer in respect of any teal a8 tie Eql u . 'nt unit 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 or st�id no the hi th si .:i''.arcre.ri and Me m mill be rip 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 he registered) under se:r, personalproperty security or other legislation as may be in effect and 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;7a use l'on rt e reverse hereof; (b) in payment to Auctioneer of all taxes,duties or charges levied or imposed by any competent author ity on Auctioneer's commission; (c) in reimbursement to Auctioneer of all expenses incurred by Auctioneer in carrying out the provisions of Clauses D and Eon the reverse hereof and paragraph 1(a)above; • (d) in reimbursement to Auctioneer of any amount in respect of saw Equipment nail err incurred by Auctioneer pursuant to the provisions of subparagraphs 1(g)(i)or 1(g)(ii)hereof; (Cl as to the balance, if any, mailed to Owner by prepaid post,or on its behalf in -accorcance with its ecritte.n instructions on or before the twenty-first(21st)day following the date of the auction of the Equipment; 3. Owner hereby irrevocably assigns to Auctioneer all amounts due pursuant to pars gcaprrs 2(a),2(b). 21c`and 2(d)hereof; 4. Owner shall pay so Auctioneer any deficiency arising in the event hat the gross proceeds collected by rt 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 if any e..rit aroron.or pruozed rig is instituted to enforce any of the terms, covenants or conditions of this contract, Auctioneer shall he entitled to recover its attorney's lees and costs and, if any appeal is taken from any decision of the trigr court,such further attorney's fees and costs ivies'red by virtue of st Ch appear. 6. Owner authorizes Auctioneer to use Owner's name,trademark or logo In advertising 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 assi ins. 8. This Contract is subject to and shall be determined under the laws of the State in which the auction occ rs. IN THE MATTER OF the Cont.act to Auction set out on the reverse State of _ County of _.._.. ... ___ hereof and the items therein set out(the"Equipment") of the _ _ of in the State of _ _ _—_ de solemnly declare that 1. I ant(the agent of)the Owner of the Equipment set out on the reverse hereof and darning 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 corrrplorely set out.,bove 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 declaratinn.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 this. .. __ day of _. __. . , 19. • Notary Public for • Signature • My commission expires 821 Weld County Road 27 Brighton(Denver),Colorado 80601 RITCHIETCHI'1VJ ---- Telex:00857-144 � Fax.:(303)659-2902 Auctioneers Intl, Bus.:(303)659-3962 September 10, 1993 Weld County PO Box 758 Greeley CO 8063] Dear Sir : Enclosed you will Lind three copies of our Contract To Auction ter tee items you wish to consign to our Brighton, Colorado sale en eet:otier 12, 1993. Please read over carefully, sign where indicatt d on both the front and back sections and initial next to the pnra: e "Free & clear from all 1 lens & encumbrances" , to confirm t =. r .s statement is correct . If there i:: a lien on any item, please r,es e the lien holder 's name, the amount owing, a contact. name telephone number . When completed, please return the white and I•e is copies to me as soon as possible in the envelopes I have prow ... I and retain the gold copy for your own .records PLEASE PAY PARTICULAR ATTENTION TO PARAGRAPH D ON THE FRONT AN:, SUBPARAGRAPHS 1 (A) AND 2 (E) ON THE BACK OF THE CONTRACT. t will need the title to your truck(s) and/or trailer(s ) proper .:y signed off and notarized, if applicable, by September 28, 19c;r , . Since we are no_1_origt4. a Licensed Motor Vehicle Dealer in the Stale of Colorado, PLEASE leave the title open, PLEASE DO NOT RE.ASE- '. N TITLE TO RITCHIE BROS . AUCTIONEERS, as we would have to apply i:c•t a title in our name, which could take up to eight. ( 8 ) weeks to crc•t back and we would be unable to sell your item(s ) in this sa...e. Also, piease check the appropriate box under the odometer statern"r,t section on all your truck titles, we need to know if the is actual or not ana we have no way of knowing unless this .. marked. It is required that, all trucks and trailers have titles and t ,rtl must. be in your name, not a title in someone else's name inc. assigned to you. Please check your title(s ) as we would be urr.,i, ..e to sell any item if the VIN does not match or if the VIN does n.)1 appear on the item. AGA]_N ..._AI.L_.ITEM,5_MU:i_C_HAVF A_ VIN IT ui(.._WI CANNOT _SELL THEM._ If you fee] you may have a problem, please Let me know :as soon as possible. If you have any questions, p lease Cu] 1 . Sincerely, RITCHIE BROS . AUCTIONEERS, INT' L. / I)ari Wolter Field Accountant I►W/ is 9 309j 5 Hello