HomeMy WebLinkAbout992802.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
paragraph "G" of 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., 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 paragraph "G" of 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 Bros. Auctioneers (America) Inc., 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.
992802
P00008
pc: Pik, ea-
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS AND APPROVE CONTRACT TO
AUCTION - RITCHIE BROS. (AMERICA) INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
ELD LO DO
ATTEST: XIX
4, Dal K. Hall, Chair
Weld County Clerk to the is oar.;18G1C c / �t``7 vu►►�• L arbar J. Kirkmee7 Pro-Tem
Deputy Clerk to the B a fr '� R �i�
' Georg E. Baxter
APPRO EV D AS TO M: EXCUSED DATE OF SIGNING (AYE)
M. J. eile
ty Attorney
Glenn Vaad
992802
P00008
, 10.17.07 D:O1Yf9 :,,TT Lf'r rlfl,G F �-�
— PP (Pd_i+iyv(31 NQ.'27t P.1/5
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rbRITCHIE BROS.
Auctioneers Ritchie erisc.Auctioneers(Americo)Inc.
821 County Road 27, Brighton,CO USA 80601-9365 # th
Tel:(302)659-3962•Fax:(303)659-2902
Internet www.rbauction.com
CONTRACT FAX TRANSMITTAL RECORD
FAX NUMBER: 970 — 3&y— 4c/97
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DATE: -y ///� h��9
COMPANY(7 ,67�/ e.", fu1 t ,uJ c
ATTENTION: IcL4A_ 49 Cl
FROM: ' / 2 /
SALE DATE: /;// /9 '
PLEASE READ_AL,L INSTRUCTIONS CAREFULLY
As requested, we are fowarding by facsimile a our standard Contract To Auction.
PLEASE ENSURE YOUJ-IAVE RECEIVED PAGES, Please read over both the
front and back portions, if any part is illegible p e let us know, paying particular attention to
Paragraphs D and H on the front, if applicable to you, and Paragraphs 1(a) and 1 (e) on the
back of the Contract To Auction. If you have consigned any trucks andjof trailers please
carefully read over tbgattached sheet regarding title.requirements.
On the page headed CONTRACT TO AUCTION or if you have consigned more than two
items, on the page headed SCHEDULE "A", you will find a list of your equipment and its
description. Please check the accuracy of the description, list any lienholders, if known.
Please sign in a those sections
marked ith an "X" and fax back to
gas, as soon a 7.o ible .
The returned facsirrtilgshall be a binding contract on bothparties.
Should you have any questions, please do not hesitate to contact our office at 1-800-851-
5740 or 303-659-3962. Your prompt attention is greatly appreciated.
THANK YOU FOR YOUR VALUED BUSINESS.
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992802
fl-t rt'2
NOV,la,1 SI M r1 R17CHIE Wig Y Pfd—TON (D'N\1')
N0.276 P.2i5
RITCHIE BROS.
r b Auctioneers Ritchie Bros.Auctioneers(America)Inc,
921 County Road 27, Brighton,CO USA 93601-9365 •tfl 21 ,
Tel:(303)659-3962 • Fax:(303)659-2902 . •"''
ma.
Internet:www.rbauctlon.com
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 advance of any and all
contract changes.
• Our auction site is located on the east side of Highway 85 & approximately 2
miles north of Brighton.
Your cooperation is greatly appreciated.
Ritchie Bros. Auctioneers
yaxv,taA.x .pr:, },rgsavt'4 f*iTC_HPE BRCS BRTGbtTc (F N' '
NO.276 p;2i ,
rbRITCHIE�• �.cy�`��B'R�OS."
Atict1W,'ieerr7 - Ritchie Bros.Auctioneers(America)Inc.
_ . 821-County Road 27,Brighton,CO USA 80601.9365
Tel:(303)659-3962 a Fax:(303)859-2902
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Internet:www.rbauctlon.com •
Ir�I
To:RITCHIE BROS.AUCTIONEERS(AMERICA)INC. CONTRACT TO '"RUC " l®�
Doer Sirs:
A. The undersigned(the'Owner)hereby Instruct*Ritchie Oros,Auctioneers(Americo)Inn.(the^Auctioneer')to ref ea egant of Owner,the hems set out in Clause G
b together with additional he delivered to the sift of the auction by Owrit(the'Equipmonr)et an unreserved public auction to be held at
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iwl htrir ? nl on orebaat en ('Y\ - 14 or on such ti date,as Aumlbneer may at Bola discretion deem appropriate:
tg—J—�or al such tamer mace
B. einmid
In consldereb nofthe Mutual Committer and Agreements Pertained herein add other valuable consideration,Owner end Guarantortand aeerpgpra that the terms
end conditions of this Contract to Auction*hell be those set out hereafter and on the reverse hereof and by executingthis Contract Owner and Guarantor Ostend to
Auctioneer the repreoentatIine and we:0bEquipment
herein set out and Owner and Guaremor and Auctioneer agree to those terms and conditions;
C. Owner shall at his cost,deliver the / In a safe condition,In good naming order and free of hazardous materials,to the she of the auction as determined by
Aucganeer on or before � 1 0 ill
O. Owner nererty authomsas Aucdoneerto supply such glass and parts end to tarry out each welding,steam cleaning,sandblasting,pointing,repairing and other rofurbiahing
and incur such expense In the moving,hauling,storage!end service calls In respect of the Equipment all as Auctioneer et Ile Cole discretion determines and all coats
incurred pros a surcharge equal to 10%of such amount their be at the expanseqof end paid by Owner,provided however that the liability of Owner pursuant to this
paragraph*loan not exceed the sum of IV/R dollars (e ""Q"E. Owner hereby authorizes Auctioneer to supply such kid and batteries as Auctioneer et Its sole discretion determines necessary for the damonsiratlon and sale of the
Equipment and all wets incurred shall be at the expense of and paid by Owner.
R Owner represents and Warrants:
(a)the Equipment le In a sofa condition,in good running ergot free of hazardous mela,1 1 and has never been oontemlrmtad by haze
gat rue Equipment Is completely and accurately described as sat out In Clause G below; any hazardous materiel wh.tsoevw,
(0) Owner Is the beneeclal owner the Equipment end the Equipment is not eubiect.lo spy claim by any person or to any registered or unmgletered charges,(lane,ar
Interests of any nature or In any way arising excepting only as fully sat out in Clause G Woe;
(d)the Equipinnt is not subject to the coaection or attraction of any texas,flan or claims of any authority of competent jurisdiction of any Mnd and nature,
notwithstanding eny past,present or future use to which the Equipment(nay have been.presently is or hereafter may be put;G. Complete and accurate description of the Equipment and any encumbrances and liens thereon or cenuary interests therein are as Follows;
Year of Item Daeerlption- Enaumine e Manufacture Manufacturer,Modal,Serial Number,paserfptbon M' Cimino
Holder Of mac,aMo'nll'). op on Encu E^cumpmnca
1) 194;5 Grr1e Peigaiier T/n r\rasnpTrt4elS
• to r25i (�V J `a'lyfx:13 14 c'b, Son)[) g(lnul pint1l
2) 19%'1 .0.Me- (Sri cidter t/a bump Tra
9fJ; IC3DT0 4:sr a>kvti -2,y3
Ie)t. �etrni4a loV9� 23 i 14 c4- bnI 1 Sr1nu3 phitw
ST �}RAie la% C O nrnis lt-Nr% •
H. Owner�hereeby agrees to pay Auctioneer tin auction dbl1mh.3len based on the gross sale rice of the
P Equipment of any Pad thereat as follows:
IN A Sae docu reentatknfee foranch Item of Equipment requiring..title of registration documents.
I. in consideration of Auctioneer agreeing so aster into this centrad,the undersigned Guovernor hereby guarantees,covenants end agrees with Auctioneer to
duly pay any manias which may become due.by.Owns to Auctioneer,to be bound by and duly perform arid observe,punctually,each and everyprovlsion of
any extension of time,ndulgenilla ce or any act whatsoe and eonditient ver of Auctioneer doen the mew either with or wibrout notiet the to Guarantor.
lntY of Guarantor shall not be effected by
THIS CONTRACT TO AUCTION SIGNED ON OWNER: 1p �j-
19 Company Nama:xn� CO �2�y1pA ,i pr• z+(�
AT r� c y 1 r(�S sir J
Address:
Accepted by. CUr'ee.ie Q.dnQ rip able - ,
RITCHIE BROS.AUCTIONEERS(AMERICA)INC,tg - t
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Authorized Re Title:oc&retkiens
Eignetureet •y ,, i/ „t irec--fir
Wllnees tie to Owners end Guerentargne ssirums: a , Ha 1, hair . x11(22/99'
NOTE.Equipment remains al ynur rSk-gar rirmg tie I i)on,ha reemors hcrnol,
Telephone: Bovines: c 1O"":y5(r-'e�OnQ Fax: Oa ..14 die7
Owners Bank: SiXtr51' O -
Residence:
Wench Address:
GUARANTOR; •
Contact
Signature:
Telephone: ,
EMS COOS
R Auc.0hi gaqporno pros.Aucuoncers yvnrrca Ina.
CT auad2 ao1/A0
Ndtc:Declaration on reverse
TO he complete)
'' HEAD OFFICE COPY
NW.IR.1995 3:,•:,.,, fCHflE bR-,S birivtirr,s.1 I.DENVER);
Pp.ze P:3;173
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TERMS AND CONDITIONS OF tug CONTRACT TO AUCTION
1. Owner and Auctioneer agree: •
.
(al Owner hereby authorizes Auctioneer at the absolute discretion of Auctioneerto oettyput tide searches in respect of the Equipment at the espense of
Owner,but In no case shall Auctioneer have a duty to conduct,nor Po respensiblo for the results of any such title search:
( ) Auctbnam may It sees dt carry alt the auction In accordance with Its usual procedures,and In particular may group various parts of the Equipment Into such
lolotias
no notice le so giv unless en,Aucwner tioneer shell nottilles ar benllabie for a�loss srior to the auction that s or damages claimed in reapect toa of the the lotting of the Equipment;ment are lo be sold any particular
(c) Auctioneer is hereby constituted as an agent only of Owner and net a principal in the sale of the Equlpmarlf
(d) neither Owner,nor any person,nor corporation affiliated with,or as agent of Owner shall bid on tine Equipment at the suction;in the event Owner is
In violation of title provision,the equipment shall be deemed not sold,the provisions of paragraph 1.fit)snail apply end In addition to any other
remedies hereunder the Owner shall pay to Auctioneers as commission upon resale,an amount equal to twenty percent(20%)of the bid ptce,:
(el Owner shall delivered Auctioneer ten(10)days prior to the date of the suction:all documents evidencing Owner's title to the Equipment,all documents
required to transfer the its the Equipment to any purchaser thereof,properly endorsed and.where ownership of the Equipment or shy part thereof Is
capable of being or required to be registered,all such property endorsed documents as are necessary to permit any purchaser to register ownership
of the Equipment.Owner ecknowledgea.thel without such document°the sale price of the Equipment Is expected to be less then that obtained for
such Equipment accompanied by such documents.Owner hereby nominates,constitutes end appoints Auctioneer Its info and lawful Attorney for It
end In Ronan,and onib behalf to sign,execute and deliver all such documents requited to transfer title to end permit registration of ownership at
the Equipment to and by arty purchaser thereof In the event That such documents have not been delivered by Owner to Auctioneer as required;
(0 tile Equipment shell remain at the sole risk of Owner until the happening of the events hereinafter described.Owner shall:
.() be responsible for any loss or damage to the Equipment Until the earliest of; •
(A) the removal of the Equipment from the modern she by the purchaser,or •
@) receipt by Owner of all proceeds from the sale of Me Equipment: •
(IB 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 InsUranee proceeds shall be credited to the gross proceeds of the auction end payment made to Auctioneer forthwith feu
(Al Commission,based on the fair market value as determined by Auctioneer of the damaged or destroyed Equipment Immedlotely prior to
such damage or destruction;and
(e) repayment of all cash advances,If any,male by Auctioneer to or on behalf of Owner together with interest thereon;and
C) reimbursement of all cut-ot-pocket costs for refurbishing or repairs done by Auctioneer prior to the damege or destnsctlorl;
Owner acknowledges and agrees theft Auctioneer stall not be liable to Owner for the doss,damage,or destruction to or of the Equipment and Owner
hereby reteases Auctioneer from any slain'tar costs,damage or expanse arising out of pied event howsoever caused;
(g) In connection with any registered or unregistered charges,fens,taxes.duties or Interests claimed by any person or authority In respect of the
Equipment Whether dr not disclosed on the reverse hereof;
(0 Auouoneer may make payments to any such claimant In order to Neer Ode to the Equipmen end
(II) Owner shell indemnify end save harmless Auctioneer and any puroboeera of any part of the Equipment against any and all foes,costs(including
attorney's fees)or damages occasioned by such Clalme and defending such claims;
(h) 'Owner shell not withdraw fit'Equipment or any part thereof from the auction Sara and,If Owner la in breath of thie provision,in addition to any other
damages which may be assessed, Owner shat pay to Auctioneer all amounts to which Auctioneer would otherwise be ennead pursuant to
paragraph 2 hereof(and the commission payable in respect thereof shall be based upon the fair merest value as determined by Auctioneer of such
withdrawn Equipment);
•(I) Owner authorizes Auctioneer to utilize any part of the Equipment In setting up the auction;
(I) Owner shall Indemnify and save harmlessAuctioneer against all sulk,actions.costs or charges whatsoever arising from any representations contained
herein or from any breach of any Owner's elongations hereunder,including,put not limited to,any inaccuracy in the description of the Equipment;
(k) Auctioneer may,if it deems it necessary,re-auction any part of the Equipment not sold or not held for et the auction and Owner hereby acknowledges
that no monies shall be payable by Auctlohaerr in respect of any part of the Equipment unit shah part of die Equipment has been paid ter 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 ha no guarantee whatsoever by Auctioneer ea to
the groan'proceeds to be realized from the sale of the Equipment;
(ml Owner will comply with all lows relating to tha sale of the Equipment; •
h0 This ooiteot melee a lien and charge upon the Equipment and and mey 0e registered under such personal property security or other leglelatlon as may be In effect and entitles Auctioneer to who and retain peseeeslon of mo Equipment an aecurtty for,and/or sell the Equipment to recover,oil sums owing to Auctioneer hereunder.
2. Auctioneer shall apply et amounts°allotted by it on account el the sale of the Equipment;
(a) in payment to Auctioneer of its Commission In the amount as deloulated prrouent to Clause H on tee reverse hereof;
(b) In payment to Auedoneer of es taxes,duties''Or charges levied or imposed by any competent authority on Auctioneer,'commission;
le) in payment to the Auctioneer,for each Item of Equipment requiting ties or reglst atIon documents,a documentation fee o1$26.00 per Item;
,(d) In reimbursement to Auctioneer of all expenses Incurred by Auctloneei-in carrying NA the provisions of Clauses O and E an the reverse hereof and
• paragraph 1(a)above;
le) in reimbursement to Auctioneer of any amount in respect of the Equipment paid or Inanod by Auctioneer pursuant to the provisions of subparagraphs •
lie)))or!Egli)hereof .
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(O as to the balance.If any,mailed to Owner by prepaid post,or on its bohat in accordance with its written Instructions on or before to twenty-first
(21sq day following the date.of the auction of the Equipment;
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3. Owner hereby irrevocably assigns to Auctioneer all amounts due pursant to paragraphs 2(x),2M),2(c)and 2(d)and 2(el hereof;
4. If,In the opINon of the Auctioneer,there is Insufficient equity In the Equipment or pay those spoons aet forth candor Clause 2(a),(b),(c),(d)end(o)then,
at the sore oplon of the Auctioneer,this Contract shall be unenforoeebio by the Owner;however,notwithstanding the foregoing,in the event the Equipment•Is sold,Owner shall payto the Auctioneer any deficiency arising in the event gross proceeds collected from the sale et the Equipment are Ineullloent to
allow payment of the foregoing amounts.
• 5. In te'event Auctioneer need bring any sedan to enforce any term recondition of this Agreement ten in such event the Auctioneer shall be enrPoid to an,
award of their attorney's fees and costs Incurred,Including any poste or attorney's fees Incurred on appeal
B. Owner euthorRes Auctioneer ur use Owner°name,trsdarlant or logo in advertising the auction.
7, This Contract.which may be amended only In writing,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 hers,ese;utore,administrators,suooessws and assigns.
B. This Contact is elect to and shall be detannlnnd both in and under the laws of the State in which the auction occurs.
9. Recalpl by Auctonesr Ala facsimile of a stoned copy at tlhio contract shall be considered binding on both parties.
I solemnly declare that I am hhe agent by the Owner of the Equipment sat Out on the reverse hilreof and as such have knowledge of the matters sot out in
this Contract to Auction end that the representations and Warranties made herein are accurate,complete and have been mode for Ma purpose of inducing
the Auctioneer co accept the engagement for the sale of the Equipment.
Made this 22nd .day or November 99
m_..._915_lOth, Street; _ .. eeley _� Inmesmtepr__Colorado
_, _
X —\ •(slgnaure . ff._ ' _ _Dale K. Hall. Chair
(Print Name)
RECEIPT BY AUCTIONEERS OF. ,
SIGNED COPY VIA FAX BINDS
BOTH PARTIES TO THE CONTRACT
VW?,PS.Y :i s q, RI TIMM ?F2tCe BRIGHTON (DENVER)
NO.276 G.Si5
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TITLE REQUIREMENTS
Titles to all trucks and trailers must be properly signed off, PLEASE DO NOT DATE UNLESS NOTARY IS
REQUIRED, THEN PLEASE�t ?AY OF THE SALE, with odometer section completed and in oUr
possession no later than / . Since we are not a Licensed Motor Vehicle
Dealer in the State of Colorado, P ASE leave all titles open, PLEASE DO NOT reassign tftle to Ritchie
Bros. Auctioneers, we would have to apply for a title in our name, which could take up to eight (8)weeks and
we would be unable to sell your items In this sale,
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 does not included construction equipment). We would need any title that has
been issued on these types of units, or copies of any SME/SMM registrations you may have, also by the i
above mentioned date, If you do not have a title or registration on these types of units, a Bilt of Sale from
you and left open will 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,ANiD IT MUST MATCH YOUR TITLE OR WE CANNOT SELL YOUR ITEM.
If you are a Motor Vehicle Dealer, we would require the proper paperwork for transfer completed, including a
sales tax receipt, left open. We will collect the 3% Colorado Sales Tax and the .8% RID 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 COLORADO RESIDENTS WITHIN THE.AIR 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 your vehicle is inoperable or cannot be tested in accordance with regulations
set out by the Colorado Department of Revenue, there is now a provision for these kind of vehicles, but we
would have to mention in the sale catalog that your vehicle is inoperable and does not comply with the
emissions requirements for the program area. Please let me know, as soon as possible, if your vehicle falls
under this category.
If you feel you may have a problem with any of 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.
ie Bros. Auctioneers (America) Inc. ACKNOWLEGEMENT
Dari Wolter-Ramirez
Per:X
01---`42-913)
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