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Home My WebLink About951916.tiffRESOLUTION 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. 951916 ftc; Pic) 2irichi�& PR0012 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 11th day of September, A.D., 1995. j€47 Olcl Cp Jttty Clerk to the Board ,eputy Clerll[o the Board GeorgeBaxter BOARD OF COUNTY COMMISSIONERS LD COUNTY, COkOR,gpO Dale K. Hall, Chairman rbara J. Kirkmeyer, P,re'-Tem dr L E! c. C. Constance L. Harbert FXCI ISFn DATF ()F SIANINn (AYF) W. H. Webster 951916 PR0012 RITCHIE BROS. Auctioneers Intl — Limited Partnership - 821 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 Ri=':iU v COLORADO "L fir. , 95 a 19 — - - or at such other place or on such other dale 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 those terms and conditions: C. Owner shall, at his cost, deliver the Equipment in a safe condition, in good running order and tree of hazardous materials, to the site of the auction as determined by ,t ,, I. 95 WW1 t' FIFL �) EE?tTF Auctioneer on or before. _.._ _.______. —.19 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 liab lity of Owner pursuant to this 1 paragraph shall not exceed the sum of L.L.: .%E";'I Ttl,(11 ;;r A1.'. L' t;! ,• '`. i.. _�`SIr _ dollars 1$ . L ) )_-C �._); E. Owner hereby authorizes Auctioneer to supply such fuel arid 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; (d) the Equipment is not subject to the collection or attraction of any taxes, liens, etc., of any Federal, State or 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 Manufacture item and Serial Number Encumbrance Amount Owing Holder (if none, state' nil') on Encumbrance A43 :'FE ATTACHED SCHEDULE "A" H. Owner hereby agrees to pay Auctioneer an auction commission based on the gross sale price of the Equipment or any part thereof as follows:4- ` (a) AAllacxrxxrxXitxetitMarsctec xgAgexaesac-.)MAxxxagxxreanartax r xt timiatbox agamiaxme15A xee * ft*:, (c) A $25 documentation fee for each item of Equipment requiring title or registration documents. 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 and 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 AT 19 Accepted by RITCHIE BROS. AUCTIONEERS INT'L — Limited Partnership ,, H.p-;(c i.1UNCAN Witness as to Owner's and Guarantor's Signatures: Owner's Bank Branch Address Contact Telephone OWNER: Company Name Address: L, '.0 COLD. Y ?58 p} , CO 8U5; Authorized Personijt Signature ^' NOI I_.mipmenr err NI, , or your viol —See pa¢ yre{ n 1 '. ) on Ion r rr roe Telephone. Businea:1Oi K :1 6 _ 4 0 _ --- - - Fax Residence: GUARANTOR: Signature: E- --_ - (Please Print) ��-��(��p / �1F��";�,.i I Title r rf'1 0r/ //. 1' CODE © R 5/94 OWNER'S COPY Note: Declarrtio:i on lever se to be crcnepleted. 95191a PRINTED IN CANADA 031i113 1. Owner and Auctioneer agree: (a) Owner hereby authorizes Auctioneer at the abso tiis`rrltiAii 7f'Ac rof>t(4carry out title searches in res f. the ipme b ,r,. lt¢ exrlenee of Owner. but,ip,aRcase lshalliNcigin er have a duty to co t rage be re# ports ible,fo>;;ihe;esults,of. rite sea (by. tictloneer may carry oaf the` suctiiin in ec tirdance with its usual ro e`tiureS, and rn particuier may group va parts of Equipment into such lots as it sees fit unless Owner notifies Auctioneer in writing 7 days prior to the auction that any parts of the Equipment are to be sold,lo any.payticular lot. If, 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 at an agent only of Owner and riot a principal in the sale of the Equipment; (d) neither Owner, nor any person, nor corporation affiliated with;,ar'astragenttetOvrrnef •shall bid dt itheiEtfrftilfrttertt.ittlfieenCtiort'r,ihi the event Owner is in violation of this provision, the equipment shall be deemed not sold, the provisions of paragraph (k) shall apply and In addition to arty other remedies hereui}der the Owner snail pay tg /►uctionesers as hgVidated dameges., ,n amount,_e,.4iel to fourteen perce, f 7, a'1lt%f th bii3'; ,, an r� e s<r" �.. i� �.: ,., t r,i:c:. vt.. r .r ,, . !, `,' P/ 1 piZ"; I. t,. r i 1., s .. i... i.,"'u uA'u 3r' ,n y'kit; rl,'.r.-, t [I:r S,• it v. .lf✓ • t . (e) Owner shall deliver o au oneer ten (1d days Prior to the date of t1'ee auction all cloctirtients evidenc)ng tamer's tide to the Equipment, all documents required to transferr, title to the Equipment to anypurchaser .thereof, properly endorsed and, where ownership of the . , Eq iipment,-,or;anyt,.peet, thereof is` capable of being or reggired t& -be registered„alt such propertyfend©rt ed d�acuin nts- as are necessary to permit any purchaser to register ownership of the Equipment. Owner ackopvviedges that,,wlthout suct),<documents the i .. "ale Rri,ceR7i th gut , let is expected tq lie,eteas tlaAn lt�a>c pb P -� r V+it,t c1 n?4?� acco r1jlled :IMMO; dory( ts.,0wner _,heseby; Opaingtest co .tutee and appolittctioneer,l.te.. rue a, , .. ,. ti4etorne or;.it;and-{it its nante4agd. ples,bebait,to sign, execute and del ver dick tych;documents• irad Aranifei tafle. t d,part eitgegistratios o ownersfiaip of the-Ayqufpmeni,to;-alad by .a.rct aser 4ergof {rr,the eye.ntrtitataich.,dpowmen,. tri tee4P.O.tbeeci,degf4ery?.,ct by Ptveeritn,,Auctiar�aer,as rectui{ed; - (fn,pu) the Equipment shall remain at the sole risk of Owner until the happening of the events hereinafter described. Owner shall: (I) be despiirt'sible fo`f-anya.lassior damage ie the Equipment until the earliest of: (A) the removal of the Equipment from the auction site b the urchaSer; or t P byi f*neV of alt pt 40ds fr 'R0 10. e` 60 '.f f;`` _ '!:;,..s.-i�.,:(#1, iN 0.� lrh i£a�lrti ii�, 1 7 l ;71 rn 7ri r•. et. '1 r3 �n ,,4 .. L' (((j rttj)<t - qw eSS pp .�.�eeri s ) b " va e a e i,� ,iiii3 evenit,o. dia ,�e,.fp,cr, ,.. rkictlon.,gf the • " i ' .:.. ., M a any 4 � ; ci,a:•t,` IN" �r� � ga�Jl,:��i. n . •. Equipment or any part thereof, all lnsurenr p'r'oceeds shall be credited to th'e-gross proceeds'of the auction -aripayment made • ' -to,Atictionzeer forthwith for: r ;' • t r • .,.;.4., ., + r t (A), gotrim s s4lignbjiasellron the fgir market viluelas:dept'minec�l !!',..r-.,:, dt hfgneen f,�the damg"°....91:''....,9"). d Rr dars1!oyadrFquJ meR ,lmmedlate1l( p'Pltiri such d'arnage or des u Lion;'eii ,r> ,d „, t••. -.r, •,,., o , el.r., t rw (B) repayment of all cash advances, if any, made by Auctioneer to or on'be(iatf of `owner together witi tere�t tjtereo -, ..„ :., ,,,,,,c,(9 ,relit i,aeatent tot all o,. "g15.pometncpsts for retttlttis►►i pi a.do , MPI.if3 ig(, q linage IA, ee; pl p i n Owner acknowledges:and agrees hat Auctioneer shall 'notvpe, hab e- to, ., rater ffor t e4gie,s,. !.lossvalue or degtrauctionoto or :,,;,I ,pf,,thE:Eg,µleptent, ttowseever,:causedoaecivQw,ner,hereby,ireleasesvAactionear•-ffrorn any;;clairptfor•ces#syttaamage•ortexpanse arising out of such. event howsoever caused including, but•.notslirnited to; the'negligent ,of Auctioneer ...,• , ,a • •• ,)t"feeIcon iaectlohwith-any;registereWor•uMagi Steredtharges;liens; taxes;; duties orinterests,elalmed•'dyerttnperson or"leutheri#yfn respect of the Equipment whether'or net,discloted eih,the'reve'tse'ttereof< < 'i I'VA '4'It ^} • .• i , ',9',;,it •4' : j?''J0 is'.. '•,••\' (i) Auctioneer may retake payments:lo-any,such)01aimant±Imotder4 eleafra4Nelolthe,Equipmentt-; and ,„o,"• • .+' , n ftil),<<O,ner shall indemnify and,.sav�e,ttarmless Auctioneer and -any purchasers of any part of the -Equipment aglnst,any and all logs, 4_ ,, •,ii,,,,,, egstst(tgclitding,•attqrney's fees ,p amages occasioned by such claims and defending such claims;, ,„„,„; .,;i,.,, (h)' 'Owner'shaltnotwithdraw the Equipment -or'any partihereotfrom the -auction. sale and; It Ownerisin-breach of•tttls provision, in addition to any other damages which may he assessed,, Owner shad pay'to, Auctioneer all aiffauntStto wbfch",[auctioneer wp.uld otherwise be entitled -pursuant --to paragraph 2 hereof (and the -commission payable in'respect thereof --strait bebased'up-on the fair market 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; .. (j) Owner shall indemnify and save harmless Auctioneer against all suits, actions, costs or charges whatsoever arising from any representations contained herein' or -from any -breach of any -of Owner's obligations 'hereunder, including; but -not limited to, any inaccuracy m the description of the Equipment; -(ic) Auctioneermay, it'they deem it necessary, reauction any -part -of the -Equipment not sold or not paid for at the-- auction and' Owner hereby acknowledges that no monies shall be payable by Auctioneer In respect. of any part of the Equipment until such part of the Equipment hasbeen paid -for in full by, the-purcheserihereof; (I) the auction will be without reserve, the Equipment will be sold to the highest bidder and there will be no guarantee whatsoever by Auctioneeras gross proceeds tobe-realfzed-fromthe sate ofthe-•Equipment; -- (m) Owner will comply with all laws relating to the sale of the Equipment; (nr This 'Contract creates. a lien and chargeupon the -Equipment -and maybe' registered under such personal property 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 self the Equipment to recover; aft -sums owing -to Auctioneer hereunder. . _ - • - 2. Auctioneer shall apply ail amountscolected •by if on account of the sale of the Equipment: (a,)• -,.in payment tiff Auctioneer off its comtnission in the amount•aas calculated pursuant to Clause-H•on.the reverse hereof; . �s} iii p i. p gbn ' Or*t` s, cfti t, frgbS 1 r r§"r ' ' ` y' ajr, r:bim ' oriny arn'Apctioneet"a cbu(t }� fi�ee `''Aer It, pa man o ' ih` , ,. f ii �J-r o dVca t ta4k- sp., r item; uct Weer •'for hit o fit.,/ ui t{ ;gi n ..,-.(d). .,, o. mitob,ursement.to,.AuctIonee.r„of. all expenses, l4Gurrtutut y-•Auc. ttaiiear• .,, .c4dag,,,ouabis,.prjowstwrts,..01...dlaatSes .dn.tha n. s;, -;,vr,everse-hereqfandi paragraph 1:(a'abovegot•K rt ''flt5 .':+.ti` bTl ",;y, ,+ erh ..t;K ianrO' ail; 02:ii ' i ::.,i {r...lt., 14;.,:.A. .,i.. ' fir, ": 7 (et? -4n reimIsirseitesittb'A't'tctloneer -tit any areountIinirespeitttefAhe-+Equipmmt t,talkitiefrieliarediby>f%twstibrteer pctrsearratotheprovislons . r - .. + a aw ri t,+•hN'� r, , ,''.viii ei- s', tie rlilq b. -c.. e, rn-n; ' 1. t. i -a6 ^"1 6, .. a � e:lops or q (gy(ii)-fitPeo'�' '' ti l....,7") }, .,..Hp t5 4t �1p1? aP,ym riplir`: IiiiC�ial' ri1F*Ostit o, tAhi l ?N ` t, bl u t ' f e,ttio twenty first (21st) day following the date of the auction of the Equipment; i, Owe is • • auk, -,;t ' z;t0 - t,,,, r 3. Owner hereby irrevocably assigns to Auctioneer all amounts due pursuant to paragraphs 2(a), 2(b), 2(c), 2( ) and 2(e) hereof; 4. If, in the opinion. of the Auctioneer, there is insi fficient1equlty in: the iEquipmentito pay those amounts set forth under Clause 2(a), (b), (c) and (d) then, at the sole option orthe"Add'rtioneier,,this.Contract shall be unenforceable by the Owner; however, notwithstanding the foregoing, in. the... event the Equipment is sold,.. tener shall pays to the Auctioneer any deficiency arising in the event gross proceeds collected from the sale of the Equipment are insufficient ailow.,payment of the foregoing amounts. 5. In the event Auctioneer need bring any action to enfbrce any -term or condition of this Agreement then the Asctianeetrahaft be etttltted ur an award of theii4attomey'4feesand coptelincutseih.tnclpeing any posts or attorney's fees:incurred on appeal.. ,�� „ B. Owner rfo use.Owner'snarne, r emark or, logo in advertising• the auction. ' s. Contract, which may be amended ily 113 Writing ctist#tiites,tkhe'entire agreement and takes the place of prior contracts or understandings between the partie*'hereta arfdtenures to the bandit'of and is binding upon their heirs, executors. administrators; Succe§sors tlnd`assigns.` 8. This Contract Is subject to and shall be determined both in and under the laws of thelState in which the auction occurs. 9. Receipt -by Auctioneer via facsimile of a signed:copyof this Contract shat.Lpe,c psIdered.binding..odt.both.padies...•_.,•—..,,, .. .. _ . I solemnly declare that I am (the agent of) the Owner of the Equipment -Set out on the reverse hereof and as such have knowledge of the matters set out in this Contract to Auction and that the representations and warranties made herein are accurate, complete and have been it.:''rt, , r a,. made for the purpose of inducing the Auctioneer to accept the engagement --10r the.ale of the Equipment_ Made this _- day of at in the State gf (Signature) (Print Name) J iFt`; 4 lirtTif, Schedule A Part of a Contract to Auction between Ritchie Bros. Auctioneers Intl. and WELD COUNTY (Auctioneer) dated SEPTEMBER 5, 19 q5' p . Sale Location BRIGHTON, COLORADO Sale Date SEPTEMBER 29 , 1995 (Owner) Encumbrance Year of ' Item — Holder 'Mainufacture Make, Model, Serial Number, Description 1 1987 JOHN DEERE 77011-B MOTOR GRATER S/N DW770BH514498 UNIT #15820054 C/W 14 FT. HYD. SS MB W/TIPS GAB W/AIR, 14.00-24 TIRES 2 i986 JOHN DEERE 770B MOTOR GRADER S/N DW770BX512280 UNIT #15820050 C/W FRONT HYD. LIFT ATTACH.., 14 FT. HYD. SS MB W/TIP, CAB W/AIR, 14.b0;25 TIRES Amount Owing on Encumbrance 3 1986 JOHN DEERE 770B MOTOR GRADER S/N DW770BX512279 C/W FRONT HYD. LIFT ATTACH.i, £4 FT. HYD. SS MB W/TIP. CABW/AIR. 14i00L 2'4 TIRES 4 1985 JOHN DEETE 770A MOTOR GRADER S/N DW770AX509331 UUNIT #15820047 C/W FRONT HYD. LIFT ATTACH: , 114. FT. HYD SS MB W/TIP, CAB W/AIR, 14.00► -24 TIRES UNIT #15820049 .5 1935 JOHN DEERE 770A MOTOR GRADER. S/N DW770AX50713'5 UNIT #15820045 C/W FRONT HYD. LIFT ATTACHI, 1F4 FT. HYD. SS MB W/TIP CAB W/AIR 14100-24 TIRES I 6.1984 JOHN DEERE 770A MOTOR GRADER1 h1NIT #16820042 I S/N DW770AX504461 C/W FRONT HYD. LI T ATTA SS MB W/TIP, CAB W/AIR, 14L0=2. 0. r.FT 7 1984 JOHN DEERE 770A MOTOR GRADER] S/N DW770AX504460 IUNIT X615820041 C/W FRONT HYD . T.TFT ATTACH_ '14 FT _ HYD SS MB W/TIP, CAB W/AIR, 14. -24 TIRES Page of 2� R1-9:3 OWNERS COPY Initials Auctioneer Ownsr Owner Code RITCHIE BROS. Auctioneers Int'I. rb - Limited Partnership SchedU E' A Part of a Contract to Auction between Ritchie Bros. Auctioneers Intl. and -O)\ 5 dated (Auctioneer) 19 Sale Location Tti, COLORADO (owner) Sale DateSEi'TEat;ER 29, 1995 Year of Manufacture Item — Make, Model, Serial Number, Description Encumbrance Holder Amount Owing on Encumbrance 1984 JOT.: i;E_R, /7lJ `1010P G,1A2 5/'1 'x7!0Ai 504_ '3 x.1582 )039 C `.t(ij l' I:`/ f. 1 t 7..1 . , Lk .. nYD. ♦)S _; ,/1 #LY', C:.,"' ,.;1 ,,1,_,, Page of © R1-93 Initial Auctioneer 0 n Owner Code 951916 Hello