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Home My WebLink About980896.tiff RESOLUTION RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE CONTRACT TO AUCTION WITH RITCHIE BROS. AUCTIONEERS (AMERICA) INC., 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 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 (America) Inc., 821 County Road 27, Brighton, Colorado 80601-9365, 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 (America) Inc., 821 County Road 27, Brighton, Colorado 80601-9365, 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. 980896 P00008 CONTRACT TO AUCTION - RITCHIE BROS. AUCTIONEERS (AMERICA) INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 'i. • i�6r�� '�'3� --t Constance L. Harb rt, Chair Weld County CI- t. �, /,; 7 4/12YJJJry W. H. Webs er, ro- Deputy Clerk t• �� r e'E. Baxter PRO D AS TO ORM: Dale K. Hall Cou orney 4114 Barbara J. Kirkmeyer 980896 P00008 921 Weld County Read 27 Onghtan(Danvan,Colorado um Telex:00057-144 RITCHIE BROS. Bnue. 309;( )masse 282 Auctioneers Intl. 02 SUCCESSFUL AUCTION TIPS • Please note the delivery date on the auction agreement. It is important that your equipment be in our yard on or before that date. This gives us time to prepare your equipment for sale. It also gives potential buyers an opportunity to view your equipment, • • When sending your equipment to the sale site, please make sure that all equipment will start (i.e. good batteries), there is at least 50%fuel and that the oil and water levels are checked; also, confirm that antifreeze is adequate to meet winter sale temperatures. Make sure you send keys with the equipment or you will be charged for the keys. • All equipment delivered to the sale site must be on a signed contract. Your Ritchie Bros. Representative must be notified in ethanol of any and all contract changes. • Our auction site is located an the east side of Highway 85 & approximately 2 miles north of Brighton. Your cooperation is greatly appreciated. Ritchie Bros. Auctioneers • CiVEWO 05/21/98 09: 13 TX/RX NO.6291 P.002 CONTRACT TO AUCTION BETWEEN: RITCHIE BROS . AUCTIONEERS (AMERICA) )2 IN n ,thhaving its Head Office at 821 County Road y of Brighton, in the State of Colorado 80601-9365 . (the "Auctioneers") OF THE FIRST PART AND: WELD COUNTY, having a place of business, State of ness, x 758 , in the City of Greeley, in Colorado, 80632 . ext 3750 , Telephone No. 970-356-4000 Fax No. 970-352-2868 (the "Owner") OF THE SECOND PART TERMS AND CONDITIONS OF THIS CONTRACT WITSSal nants agreements a contained herein consideration the parties of the tu hereto e and in agree as follows: ARTICLE I THE AUCTIONEERS COVENANT AND AGREE with the Owner that the Auctioneers shall : 1 .01 Offer for sale as agent of Owner at unreserved public auction on or about the 23rd day of 'lune, 1998 , in the City of Brighton, in the State of Colorado, all the itartems sereofed tin Schedule "A" attached hereto and forming part b Equipment" ) ; 1 . 02 Sell any part of the Equipment prior to the auction only with the written permission of the Owner; 1 . 03 Mail to the Owner at the address set out above by prepaid post within twenty-one (21) days after the auction, the amount due and owing to the Owner from monies collected from the sale of the Equipment after making all deductions which may be permitted under this Contract; 1 . 04 Allow the Owner to be present at the auction; nn ,V • Revised 01/98 - E/98 Initials r WELDGUA.US/DENVER/NANCYA/CONTRACT `ti 9,,9 05/21/98 09: 13 TX/RX NO.6291 P.003 - ---MRY.21.1998 9:28RP1 RITCHIE BROS BRIUHJUN ,Jt vt-�, - 1 . 05 Allow the Owner access to records concerning the auction; 1 . 06 Supervise the preparation and organization of the auction; generally required 1 . 07 Provide auctioneers and accountants g for an auction of this type' services are available to 1 . 08 Ensure on-site food catering those in attendance at the auction; lots offered for sale to 1 . 09 Provide listing catalogs of potential buyers at the auction; a suitable site for the conductrofithe auat� ost to the Owner, auction. M_ML. E IX with the THE OWNER REPRESENTS AND WARRANTS TO AND COVENANTS Auctioneers that : 2 . 01 The Owner! and all (a) owns the Equipment free and clear liens,any Charof al, registered and unregistered except g encumbrances or contrary claims whatsoever, as set out in Schedule "A" hereto; and roposal (b) is solvent and has not made any assignment, p or other proceeding for the benefit of its creditors; 2 . 02 The description and condition of the Equipment is accurately set forth in Schedule "A" hereto; 2 . 03 The Equipment has never been contaminated by any hazardous materials other than normal operating fuels, oils, lubricants and solvents; 2 . 04 Notwithstanding any other provision of this Contract,nntract, the Equipment, when delivered to the auction site, (a) in good operating condition; (b) free of hazardous materials other than normal operating fuels, oils, lubricants and solvents; and (c) in a condition equivalent to or betterthan its viewed by Auctioneers 'crep when of May, 1998 . representative entative on or about the 20th day l l — em Initials if Revised 01/98 - E/98We-. WELDGUA.US/DENVER/NANCXA/CONTRACT (ova 05/21/98 09:13 TX/RX N0.6291 P.004 II —..•-'h�HY.cl.l'j`j» `J-:c`JH19 k:. L--� .- o" _ _ -3- ARTIg E I3? that the THE OWNER COVENANTS AND AGREES with the Auctioneers Owner shall : roceeds realized from the sale of the Equipment; 3 .01 Pay to the Auctioneers a commission of TEN percent (10%) of the gross p the 3 . 02 Paint, clean, and refurbish, prior to the auction, Equipment to a standard acceptable to the Auctioneers .s . In the event that the Auctioneers organize rgan Zeat nd thpayEqulpmeni the cleaning or repairing any p clue ten shprov provided reimbursed total cost shall s not exceed percent I (10%) P 9, 000 . 00) without authorization from NINE THOUSAND dollars ($ the Owner; 3 . 03 Pay: liens and (a) The cost of allsearchesthe for Equipment charges and hereby encumbrances against eeeizes the conduct e of Auctioneers whatever butein hno case deemed h necessary by to conduct, nor be shall the Auctioneers have a duty any such title responsible for the result of, an search, and (b) To the Auctioneers, for each item of Equipment requiring title or registration documents, a documentation fee of $25 . 00 per item; 3 . 04 Be responsible for the payment of any tax or duty whatsoever that may legally be construed as being the e in the use or ownership of the responsibility of the Owner, including those arising from any past u or n present nt and the Owner authorizes the Equipment or any partest thereof, Auctioneers to represent to any person that no taxes or duties in respect of the Equipment are payable by Owner, excepting only State and local sales taxes arising on account of the sale of the Equipment at the auction; 3 .05 (a) Be responsible for any loss or damage to the Equipment until the earliest of : i _ the removal of the Equipment from the auction site by the purchaser; or ii . receipt by the Owner of all proceeds from the sale of the Equipment; (b) 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 el , all insurance proceeds shall be credited to the gro 1-- go% Revised 01/98 - R/95 Tnitials 1; WELDGUA.US/DENVER/NANCYA/CONTRAC=T 9gOn&P 05/21/98 09: 13 TX/RX NO.6291 P.005 II ..- -NW-21.199T- 9:29RM RIO-HIE F3kv9 . - . _ .. -4- proceeds of the auction and payment made to the Auctioneers forthwith for : i commission, based on the fair market E ivalue of the damaged or destroyed qu p men immediately prior to ouch damage or destruction; ii . reimbursement of all out-of-pocket costs for clean-up or repairs done by the Auctioneers prior to the damage or destruction. In order to give effect to these provisions, thereoO�n tr will ll hold all insurance policies and the proceeds for the Auctioneers; 3 .06 (a) neliver at the Owner' s cost, to the auction site on or before the 10th day of June, 1998 : i . the Equipment; ii . all documents evidencing the Owner' s title to the Equipment; iii . all documents requiredpurchaser thereof, properly the Equipment to any endorsed; and iv. where ownership of the Equipment or any part thereof is capable of being or required to be registered, all such properly endorsed doceuments as are necessary to permit any purchaser ur a register ownership of the Equipment; (b) The Owner hereby nominates, constitutes and appoints the Auctioneers its true and lawful Attorney for it and in its name and on its behalf to sign, execute and deliver alerm t redocuments stration of transfer title to and p purchaser or purchasers herfnt to and by any thereof n in the yent that such documents Auctioneers been delivered by the Owner prior to the sale of the Equipment; t 3 . 07 Indemnify and save harmless the Auctioneers cause c if neersonga nit all claims, demands, suits, actions, but not limited s, costs or charges whatsoever, including, to those arising from: (a) any encumbrances against they or defects in title to the Equipment or any part (b) any inaccuracy in description or condition of the Equipment set forth in Schedule "A" ; (c) any hazardous materials associated with Equipment; som Revised 01/98 - E/98 Initials lig wELDGUA-US/DENVER/NAycyA/cONTUACT 1\(.. gg)l96° 05/21/98 09: 13 TX/RX N0.6291 P.006 II (d) any tax or duty being payable in respect of the Equipment ; or (e) any deficiency in the provision of any documents required for the purpose of titling, registering or transferring title to any part of theEquipment by any purchaser thereof; 3 . 09 Not bid, either directly or indirectly nor alany other person to bid on the Owner ' s behalf,thereof agency at the otherwise, on the Equipment or any p auction; 3 . 10 Sell any part of the Equipment prior to the auction only with written permission of the Auctioneers; and et with nyl legislation, ho}y onof regulations,et jurisdiction requirements of any relating to the Bale of the Equipment; 3 . 12 Wherever applicable, the Owner shall comply with the provisions of the Uniform Commercial Code, including but not limited to those sections concerning sale of Goods or Bulk Transfers . owner agrees to indemnify and save Auctioneers eers harmless against all claims, causes of action, damages, or charges, including attorneys ' fees, arising out of its failure to comply with such provisions; 3 . 13 Pay all taxes lawfully imposed on this transaction and reasonably deemed to be the responsibility of the Owner; ARTICLE IV IT IS MUTUALLY UNDERSTOOD AND AGREED between the parties hereto that : 4 . 01 Time is the essence of this Contract and should either party fail to perform its obligations hereunder rl ue de within for all e time specified such defaulting party damages and losses suffered by the other party; 4 . 02 A waiver by either party of any breach of any of the provisions herein shall be limited to such particular instance and shall aive, otherno or o future erate abrea breaches s a waiver of of , heon same be deemedor any to other any provisions hereof; 4 . 03 In the event any action or proceeding is instituted to' enforce any of the provisions of this Contract, the party in whose favor any such action or proceeding is determined shall be entitled to recover its costs of the action or proceedin , as well as all of its attorney' s fees and costs incurred; � Revised 01/98 - E/98 Initials WELDGUA.US/DENVER/NANCYA/CONTRACT tjaaeilla gq& 05/21/98 09: 13 TX/RX NO.6291 P.007 MAY.21.199 'J:jjHM bd ) H:t jK_ ^6 4 . 04 The Owner authorizes the Auctioneersto utilize the Equipment or any part thereof in setting up the unless, at least seven (7) days prior to thea x ' 06 (a) the Owner gives to the Auctioneers written nuttion, arts of the Equipment are to be sold that anyticelar lot, the Auctioneers shall ale in any p deem have the power to divide the Equipment into such lots as they in their absolute discretion desirable for sale at the auction.s o The Auctigee n oeere rd shall not be liable for any losr which the Equipment ed is in respect of the manner infailure to divided into lots nor in respect of any divide the equipmentinto lots e(b) Any notice given hereunder halbeit[hae] delivered e or sent by prepaid registered page 1 hereof Auctioneers at the address out on geiveh if and shall be deemed or, if mailed it delivered, on the date ofehelin den livery third business by apaid reing the date oaf mailing; day following 4 . 06 The Auctioneers are hereby aulh melt and to collect ec the full eby proceeds from the sale of the Equ P assigns to the Auctioneers: encumbrances against, interests (a) the amount required to discharge and satisfy all charges, liens and in and claims in respect of the Equipment; and (b) all amounts payable to the Auctioneers hereunder; 4 . 07 The Auctioneers may, if they deem it necessary, re-auction any part of the Equipment not sold or not paid for at the auction and the owner hereby acknowledges that no monies shall be payable by the Auctioneers in respect of any part of the Equipment until such part of the Equipment has been paid for in full by the purchaser thereof ; 4 . 08 In addition to any other rights or remedies possessed by the Auctioneers, this Contract creates a lien and ay be registered charge upon the Equipment and this Contra Commercial Code or such other er Bills p of Sale Act, Uniform applicable personal property security legislation as may effect from time to time and entitles the Auctioneers to seize and retain possession of the Equipment as security for, a / to sell the Equipment to recover, all sums owing hereunder; 4 . 09 If the: to (a) Owner withdraws from the auction, or fails deliver, the Equipment or any part thereof or fails to deliver any documents required hereunder does when required, or if the auction sale ~' ifont Revised 01/98 E/98 Initials !" r WELDGUA.US/DEn R/NANCXA/COt7SRACT N ' 9k, 05/21/98 09: 13 `PX/RX N0.6291 P.008 occur for any reason beyond the control and without the fault of the Auctioneers; or (b) Owner, either directly or indirectly, by agency or otherwise, bids or permits another to bid on the Owner' s behalf, on the Equipment or any part thereof at the auction; or (c) Owner's representations, warranties and covenants set out in Article II hereof are not true, complete and correct in all respects; then; (d) commissions shall be payable to the Auctioneers forthwith upon the fair market value of any withdrawn or undelivered parts of the Equipment as if they had been sold; and (e) the Owner will forthwith pay to the Auctioneers all out-of-pocket expenses incurred by the Auctioneers in preparation for the auction; In the event Owner is in violation of paragraph 4. 09 (b) then, in addition to any other rights or remedies the Auctioneers may have under this Contract, the Equipment shall be deemed to have not been sold, and the provisions of paragraph 4 . 07 shall apply and further, upon re-auction, Owner shall pay to Auctioneers, as liquidated damages, in addition to all other amounts due hereunder, an amount equal to fourteen percent (14%) of the proceeds realized upon resale; 4 . 10 Owner shall not withdraw the Equipment or any part thereof from the auction sale and, if Owner is in breach of this provision, and notice of such breach is received within thirty (30) days of the auction, then in addition to any other remedies set out herein, the parties hereto agree: (a) the damages to Auctioneers ' business reputation and customer relations are not readily ascertainable, and (b) available remedies at law are not adequate in the event of breach, and (c) Auctioneers may not be made whole by solely monetary recompense; therefore, Auctioneers may elect, at its sole option, to seek specific performance of this Contract to Auction; ARevised 01/98 - E/98 Initials N . WELDGUA.US/tENVER/NANCYA/CONTRACT .r 9OVCC 05/21/98 09:13 TX/RX NO.6291 P.009 -8- NO.877 P. 10/14 4 . 11 This Contract is subject to and any dispute arising hereunder will be determined by a court of competent jurisdiction in, and under the laws of, the State set out in paragraph 1 . 01 excepting only those in respect of fair market value of the Equipment or any part thereof for the purpose of subparagraphs 3 . 05 (b) or 4 . 09 (d) or paragraph 4. 17 which shall be submitted to binding arbitration pursuant to the laws in respect of commercial arbitration of that State; 4 . 22 Commission shall be payable at the time of the sale of the Equipment and any advances made by the Auctioneers to the Owner, together with interest thereon, shall be repayable at the time of the auction; 4 . 13 It is anticipated that equipment belonging to other owners will be sold at the auction; 4 . 14 This Contract supersedes and takes the place of all prior contracts, understandings, representations or warranties between the parties; 4 . 15 This Contract constitutes the entire agreement between the parties hereto and may not be amended except in writing. There are no understandings, agreements, promises, terms, conditions, or warranties expressed or implied, whether orally or by law, statute or trade usage, other than as specifically stated herein; 4 . 16 This Contract shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns; 4 . 17 Notwithstanding any other provisions of this Contract the obligations of the Auctioneers hereunder shall, at the sole option of the Auctioneers, be unenforceable by the Owner if : (a) there are liens, charges, encumbrances or any contrary claims against the Equipment in addition to those set out in Schedule "A' ; or (b) there is insufficient equity in the Equipment or any part thereof to pay the Auctioneers ' commission and advances after title is cleared. If, pursuant to this paragraph, the Equipment or any part thereof is not sold at the auction, such equipment shall be deemed to have been withdrawn by the Owner and the provisions of subparagraphs 4 . 09 (d) and (e) shall apply; 4 . 18 Notwithstanding any other provisions of this Contract, if the Equipment or any part thereof is sold by the Auctioneers, any deficiency resulting from the lack of Owner' s equity therein shall be paid to the Auctioneers forthwith; Revised 01/98 - E/98 Initials tAkj MP WELDGUA.US/DENVER/NAN^va/r'fNTRACT 596. 05/21/98 09:13 TX/RX NO.6291 P.010 _y_ i .i2 lJ 4 . 19 The Owner authorizes the Auctioneers to use the Owner's name, trademark or logo in advertising the auction; 4 . 20 It is understood that : (a) the auction is without reserve and that the Auctioneers have no obligation or duty in any circumstances whatsoever to withdraw the Equipment or any part thereof from the auction sale or to cancel the auction; and (b) there is no guarantee whatsoever by the Auctioneers as to the gross proceeds to be realized from the sale of the Equipment. The Equipment shall be sold to the highest bidder; 4 . 21 Receipt by Auctioneers via facsimile of a signed copy of thief Contract to Auction shall be considered binding on both parties; 4 . 22 This entire Contract shall be null and void and of no further force or effect if not approved by the General Manager of the Auctioneers within twenty days from the date hereof. Revised 01/98 - E/98 Initials _ I1J_ + S3 WELDGOA_us/DENVER/NANCYA/CONTRACT 05/21/98 09: 13 TX/RX NO.6291 P.011 ■ _._ .. SCHEDULE A 1. 1987 Cat 623E Elevating Motor Scraper S/N 6C200625 C/W A/C cab, cushion bitch, 29,5-35 2. 1979 Cat 623B Elevating Motor Scraper S/N 46P1461 C/W A/C cab, cushion latch, 29.5-29 3. 1990 Cat 14OG VHF`Motor Grader S/N 72713714 C/ 14.001224 W 16 ft MB w/hyd lift,LoPm A/C cab,MS ripper, 4. 1990 Cat 140E Motor Grader S/N 72V13O41 C/W 16 ft MB w/hyd lift, LoPro A/C cab, 14,00824 5. 1991 Cat 140G Motor Grader S/N 72V13 13770 C/W 16 ft MB w/hyd lift,LoPro A/C cab, 14.00R24 6. 1972 Cat 941B Crawler Loader S/N 8OH3713 C/W bkt,canopy bile g©9(., 05/21/98 09: 13 TX/RX NO.6291 P.013 IN WITNESS WHEREOF this Contract has been executed by the parties hereto as of the 20th day of May, 1998 . (WELD COUNTY) ) y ) Per� � ,�,, � -'J nature) ) rnls Le • 2 1- ) (Print Nam,OG c_ ) ) Per ) (Signature) ) (Pr nt Natne) (If not a Corporation) SIG -• & 'DELIVERED )) caner Signature) b th= Owner h ) ) Pri t Name tress tress nature ) / ) d ) (Print Name G ) ClP�K roSOC ) ------------ Address ) /5— /° th ST ) 0 -ro / G ) Occupation RITCHIE BROS. AUCTIONEERS (AMERICA) ) INC. ) Per ) (Signature) ) (Print Name) P r Revised. 01/98 - E/98 Initials N3 WFLDGUP,.US/DENVER/NANCYA/CONTRACT 91V89Y,0 05/21/98 09: 13 TX/RX N0.6291 P.012 II TITLE REQUIREMENTS Titles to all trucks and trailers must be properly signed off, militarize if ap 'c le, with odometer Since we then // section completed and in our possession no later _,...r � are not a Licensed Motor Vehicle Dealer in the State of Colorado, SE leave all title open, PLEASE which DO NOT reassign take up to teight Ritchie (B) weeks and we would be unabloneers, we e to sell your items in this sale.have to apply for a title in our The State of Colorado is now starting to title portable or self-propelled units that can be towed or driven down the highway on a regular basis (ie. welders, air compressors and pumps on wheels, street sweepers and truck cranes)(NOTE: This doa Dm1 included construction equipment). We would need any title that has been issued on these types of units, or copies of any SMEISMM reistrations you may have, also by registration on these type of units,a tgel of Sale from you and left o above mentioned date. If you do not a title or open work. It Is required that all trucks and trailers have titles and unless you are a Motor Vehicle Dealer, they must be in your name, not in someone elses name and reassigned to you. Please check your titles over carefully, It is required that all trucks and trailers have ViN's on them and they must match the title. We would be unable to sell any item If the VIN does not match or if the does not appear on an item. AGAIN, ALL ITEMS MUST HAVE A VIN ON IT AND IT MUST MATCH YOUR TITLE OR WE CANNOT SELL YOIJRJTEM. If you are a Motor Vehicle Dealer, we would require the proper paperwork for transfer completed and left open. We will collect the 3% Colorado Sales Tax and the .8% RTD tax, where applicable and remit it to the State of Colorado on your behalf, and any dealer paperwork required will be completed and copies sent to you. IMPORTANT NOTE TO COLQRADO RESIDENTS WITHIN THE,Me PROGRAM AREA: Pursuant to Colorado State Law, effective January of 1996, the Seller of a vehicle residing within the Colorado Air Program Area selling a vehicle to a Buyer also residing within the Colorado Air Program Area is responsible for making sure that vehicle passes Colorado Emissions testing. If your vehicle does not have a current emissions, we recommend that you get this completed. If you don't wish to get a current emissions, that is your choice, however, you need to be aware that if your vehicle is purchased by someone within the Air Program Area, you will still be responsible to make sure the emissions,pass on that vehicle if the buyer decides to press the issue. If you feel you may have a problem with any of the the above requirements or if you have any questions or concerns, please'give me a call as soon as possible. Please sign below to acknowledge you have read and understand the above requirements, then fax back to us with the signed Contract To Auction Thank you. RITCHIE BROS. AUCTIONEERS INTL. ACKNOWLEGEMENT Dan Wolter-Ramirez • ar 05/21/98 09: 13 TX/RX NO.6291 P.014 Hello