HomeMy WebLinkAbout970289.tiffRESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE
CONTRACT TO AUCTION WITH RITCHIE BROTHERS AUCTIONEERS
INTERNATIONAL, LLC, AND AUTHORIZE CHAIR 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 the
Contract to Auction mentioned below, is no longer required for County use, and
WHEREAS, the Board has been presented with a Contract to Auction between Ritchie
Brothers Auctioneers International, LLC, 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 the Contract to Auction, 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 Brothers Auctioneers International, LLC, and Weld
County, Colorado, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
970289
P00007
CONTRACT TO AUCTION - RITCHIE BROTHERS AUCTIONEERS INTERNATIONAL, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 1997.
ATTE
We l 1Co it dierk to t
t -
BY I -
Deputy Clerk,to,oard
APP:cc#1 AS TO
ty ' tor
rd
BOARD OF COUNTY COMMISSIONERS
WELDJOUNTY, COLORADO
'George 'E. Baxter, Chair
)/LS 4/Lia C& - lice
i Barbara J. Kirkmeyer
970289
FEB.11.1997 11:34AM -C-IIE BR0S BRIGHTON (DENVER) N0.343 P.2/4
r
RITCHIE CHIE BROS. Auctioneers Intl.
-- Limited Partnership
621 County Road V. BrthMon, Coindo B0601 Telephone (,90$ 660.8062
• Fa)t (308) 669.2002
CONTRACT TO AUCTION
To: RITCHIE BROS. AUCTIONEERS U71'L— Limited Partnership
• Dear6
A. The tdersigned (Ha 'Oen hereby f e m* Ramp 6ma. Aemb.aom hat— tknRgd Padnershlp (Ma 'Auctioneer) to sell, as agent of owner, me Items rot out in
Pape G below toggethher�wi h addr1bnaall hams delivered to the she of the mayon by Owner flee 'Eouipmemy at an unreserved public auction a be held at
eeiC�e KJr4 al -1) Ic��'.it ZS
•
1 an or abed ' " 'r"""" """� 1s 617 or at WO other place or on NMI WAardw PI
Aeons. Pay eta sole tliapegon deem appropriate;
B. In conederagan d the Muael Covenants end Agreements eomalned herein and tgwr valuable considereeeri. DwRer and enamor sod &atones spree Del 1$ We
end mn4n0m of this Contract to Awe shed be those set cut hereafter end on lb. reverse Mel and by executing mds Contract Owner end Gusts emend to
Atrdbnwr the repnaentetlata end warranties here set Out and Owner end Guarantor and M ctoneeragree so Ihow lens and emend;
C. Owner Mall, a hie cost, dear Equipment In a safe coidnbn. In good mining order and free of aeaw(j�douus niat�f.d'`as to the Clothe the auction us demand by
Audbrex on or before ■ -v` lJF 1 10 c 1 . 4t/1Wli7 i'(,� Esr
Cl. Owner hereby authorizes Mwdonee' to supply such glass and parts and to cony at Muth waffling, steam Weaning. sandblasting, painting. reputing end other
refudisiting and bar kph mesa in the men , hauling. a�rage, and verve reds in reaped of the igatppreld ad as Auctioneer resell dimrgbn desmwps and
el mats incurred plus a emerge equal to 10% ofsuch 'aanvn �unt.�shal heads tepee of and pap
by Owner, provided however, the the sanity Of Owewr..eel wits
pinworm' not exgeed rho arm or tux) t fF Rt X) REI HM $t ears (S ZBp,0 r04 );
E. Owner hereby authorizes Nrrboiser to sonnlY such fuel and bee as Auctioneer at as sole teem determines necessary for the domorwbet en and sole at the
EqubnRnl And erg caste hatred eiell be at the 'spense el end paid by Ovman;
F. Owner represents and warrants:
(a) the ECPIPMem t b a eate coraNiwt, In geed Nnrglg order, Pea of bavatdous materials end her ney n en aommrelnalod by enY hazardous Malarial rhateowsr
(b) the Equipmprd le completely end eacurley tlastdbed as set out In Clause G below;
c) Owe
Is the Metier s e(anrar r lecture oorr al ther In ey way a Equipment
optic aand theM aafulyd out le notsuttee
Galas G bebw;m t+Y MY Peron am any registered or unlegtaered ahalgw. lens, or
d) the Equlpnera Is not elect to the cdWrbon or Stratton of any luxes. Hens, etc., of any Federal, Se or Ollie subteen thereof of any Wad and nature
rtolwtheWndrg any Peek present or tee use as wen the Nugent may have Wen, presently It or hereafter may ho Out
G. Complete and accurst desorption oldie Equipment and any encumbrances and pans maroon or contrary Interests therein are as follows:
leer el
Manutedure
Ream and
Wei Number
Encumbrance
Hold r
m.o.. bee
Amount Owing
en Encumbrance147o
Garr 140& Mcrrbg,6 a Era
6la "3Z,V t32Z3
t4%, 64% MBw -/C j�lp, ACS.b,
tbiti 74
1940
,ei,�i
4C' 1406 olDre 6e/wine-
sla 1ZM I C 98
.
cu 141- k& 5s Oa w
h -t f) ) k_ Ctrs,
amms(ty?,
ICS
N. Owns to pay Auctioneer an notion commission based
(I) 1 ny fa reatzhg mere than. $2400 pis (b)'
(c) emumenWlon fee for each rem at Equipment requiem tala
•W consideration of Auctioneer agreeing to enter Into title Centraet, me undersigned Guarantor hereby gtterentees, covenants and agrees with Auctioneer to
duly pay any mammas which may become due by owner to Auotlaneer, to be bound by and duly perform end observe, punctually, each and every provision of
this Contract (Indmgng the tame and conditions pentad on the reverse hereof): provided, however, tint me liability of Guarantor shall not be affected by any
arhnsWn of time, Mdtilpeleeor any sat vdreteeever of Auctioneer done either with or Mmout notice to Quieter.
ate pace of me Equipment or any part thereof se feliews: eLtal
pr tiny lot realizing $2,600 or lees but wire a ' Millenfilrgi.50 fee per btt
Moletatbq dsepmants.
TMS CONTRACT TO AUCTION SIGNED ON
AT
10
by
IE BROS. AU
Rt United Parherehip
Witness as to Owner's and Guarantor's Signatures:
owners Rana
get mess
Telephone: Buurass: -1l D -556- 4ccc
Reodance:
GUARANTOR:
OWNER: VJa &IO
Company lent)
(Pease Pdnp
Address. -O 15B
%Rai -a At,wp000 Sao 1
Authorized Pero George BaxteA nt;r�S C
Signature C et: /7-4-r—ri
NOTE: EquipmenI wens at your risk— see paragraph 1(t) we rowrpc moor.
FaftC11(3—. Z
97 0289
02/19/97
FEB.11.1997 11:35RM r-TCHIE BROS BRIGHTON (DENVER) NO.343 P.3/4
TERMS AND CONDITIONS OF THE CONTRACT TO AUCTION
1. Owner and Auctioneer agree:
(a) Owner hereby authorizes Auctioneer at the absolute dlscmtlpn of Auctioneer to arry out title searches in respect of the Equipment at
the expanse of Owner, but in no sae 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 is omit procedures, and in particular may group various parts of the
Equipment Into such lots as It seas tit unless owner notaries Auctioneer in writing 7 days prior to the auction that any parts of the
Equipment are to be sold in any particular lot. If no notice is so glean. Auctioneer shall not be liable for any loss or damages claimed
le respect of the lotting of the Equipment;
(c) Auctioneer is tiaaby constituted so en agent only of Owner and not a principal in the mils of the Equipment;
(dl neither Owner, nor any parson, nor corporation affiliated with, of as agent of Owner shall bid on the Equipment at the auction; in the
event Owner Is in violation of this provision, the equipment shall be damned not sold, the provisions of paragraph (10 shall apply and
In addition to any other remedies hereunder the Owner shall pay to Auctioneer' as liquidated damages en amount equal to fourteen
percent (14%) of the bid price;
(e) Owner shall deliver to Auctioneer ten (10) days prior to the date of the auction all documents evidencing Owners title to the Equipment,
all documents required to Wenger titie to the Equipment to any purchaser thereof, properly endorsed and, where ownership ot 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
ale prim of the Equipment Is expected to be less than that obtained for such Equipment accompanied by such documents. Owner
herebyrnoWnetes, constitute* and appoints Auctioneer its true and lawful Attorney for It and In its name and on lie behalf to sign,
smuts end 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 to Auctioneer as required)
(f) the Equipment shag relearn at the sole flak of Owner until the happening of the events hereinafter described. Owner shank
(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
(5) 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 pert thereof, all insurance proceeds shall be credited to the gross proceeds of the auction end payment made
to Auctioneer forthwith for:
(A) commission, based on the fair market value as determined by Auctioneer of the damaged or destroyed Equipment immediately
prior to such damage a destruction; and ,
(B) repayment of ear cash advances, if any, made by Auctioneer to or en behalf of Owner together with interest thereon; and
(C) reimbursement of ell out-of-pocket costs for refurbishing or repairs dens by Auctioneer prior to the damage or decwctlon;
Owner acknowledges and sprees that Auctioneer shall not be labia to Owner for the loss, damage, loss of value or deatruadon to or
of to Equlpmen t, ha rassvor caused, and Owner hereby releases Auctioneer from any claim for costs, damage or expense arising
out of such avant howsoever caused including, but not ladled 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 payment. to any such claimant in order to clear title to the Equipment; end •
' (II) Owner shag indemnify and save harmless Auctioneer end any purchasers of e y pert of the Equipment against any and all loss,
coats (Including attorney's fees) or damages occasioned by such claims end defending such Minuet
(h) Owner shall not withdraw the Equipment or any pan thereof from the auction sale and, If Owner Is In breech of this provision, in addition
to any other damages which may be assessed, Owner shell pay to Auctioneer all amounts to which Auctioneer would otherwise be
entitled pursuant to paragraph 2 hereof (end the commission payable In mapeet thereof shell be based upon the fair market value as
determined by Auctioneer of such withdrawn Equipment);
(I) Owner authorises Auctioneer to utilize any part of the Equipment in setting up the auction;
(l) Owner shall indemnify and save harmless Auctioneer against all sults, actions, costs or charges whatsoever rising from Any
representation contained herein or from any breech of any of Owner's obligations hereunder, including, but not limited to, any
Inaccuracy In the description of the Equipment;
(k) Auctioneer may, if they deem it necessary, remotion any part of the Equipment not sold or not paid for at the suction and Owner
hereby acknowledges that no monies shall be payable by Auctioneer In respect of any part of the Equipment until such pert of the
Equipment has been peld far In full by the purchaser thereof;
(I) the auction will be without reserve, the Equipment will be sold to the highest bidder and them wilt 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 eli laws relating to the sale of the Equipment;
(n) This Contract castes a lien and charge upon site Equipment and may be registered under such personal property security or ether
legislation as may be in effect and entitles Auctioneer to seize and retain possession of the Equipment as security for, andlor sell the
Equipment to recover, ell sums owing to Auctioneer hereunder.
C. Auctioneer shall apply all amounts collected by it on Recount of the sale of the Equipment:
EP In payment to Auctioneer of its commission In the amount as calculated pursuant to Clause H on the reveres 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 psyment to the Auctioneer, for each gem of Equipment requiring title or registration documents. a documentation tee of $25.00 par Item;
• (d) In reimbursement to Auctioneer of all expenses incurred by Auctioneer in carrying out the provisions of Clause* o and a on the
mores hereof and paragraph 1(a) above;
(e) In reimbursement to Auctioneer of any amount in respect of the Equipment paid or Incurred by Auctioneer pursuant to the provisions
of subparagraphs 1(81(1) or BOO hereof;
(f) as to the balance, if any, mailed to Owner by prepaid post, or on its behalf In accordance with Ile written 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 paragraphs 2(a), 2(b), 2(c), 2(d) and 2(e) hereof;
4. it, In the opinion of the Auctioneer, there is insufficient equity in the Equipment to pay those amounts set forth under Clause 2(a), (b), (c)
and (d) then, at the sole option of the Auctioneer, this Contract shall be unenforceable by the Owner, however, notwithstanding the
foregoing, In the avant the Equipment Is sold, Owner shag pay to the Auctioneer any deficiency arising In the event gross proceeds
collected from the sale of the Equipment ars Insufficient to allow payment of the foregoing amounts.
5. In the event Auctioneer need bring any action to enforce any term or condition of this Agreement then the Auctioneer shell be entitled to
en award of their storey's fees and costs Incurred, including any costa or attorney's fees Incurred on appeal.
S. Owner authorizes Auctioneer to use Owner's name, trademark or logo in advertising the auction.
7. This Contract, which may be amended only In writing, constitutes the entire agreement and tales the plea of prior contracts or understandings
between the parties hereto and enures to the benefit of and la binding upon that heirs, amcuters, administrators, summons and arraigns..
0. This Contract I. subtotal to end shall be determined both In and under the laws of the state in which the auction occurs.
0. Realpt by Auctioneer via facsimile of a signed copy of this Contract shall be considered binding on bath perils,. 970259
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