HomeMy WebLinkAbout971085.tiffRESOLUTION
RE: DECLARE CERTAIN EQUIPMENT AS SURPLUS PROPERTY, APPROVE
CONTRACT TO AUCTION WITH RITCHIE BROS. AUCTIONEERS INT'L., 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 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 Chair be, and hereby is, authorized
to sign said contract.
971085
(74 : PGLj /Q/7 ie,arts
PO0008
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 9th day of June, A.D., 1997.
ATTEST
Weld C
BY:
Deputy Clerk to the Board
APPROVgD AS TO FORM:
t
Ottorh�y 1/
BOARD OFF COUNTY COMMISSIONERS
WELD o-NTY, CO7DO
Geor a E:. Baxter, Chair
°cache,
onstance L. Harb>rt, Pro-Tem
Dale K. Hall
arbara J. Kirkmeyer
L' t`j L (" .� a'la
W. H. Webster
971085
PU0008
r
RITCHIE BROS. Auctioneers Int'I.
— Limited Partnership
821 County Road 27, Brighton, Colorado 80601 Telephone (303) 659-3962 Fax (303) 659-2902
CONTRACT TO AUCTION
To: RITCHIE BROS. AUCTIONEERS wilt- Limited Partnership
Dear Sirs:
A. The undersigned (the "Owner") hereby instructs Ritchie Bros. Auctioneers Int'I.— Limited Partnership (the "Auctioneer") to sell, as agent of Owner, the items set out in
Clause G below together items delivered to the site of the auction by Owner (the "Equipment") at an unreserved public auction to be held at
on or about Juno Z' 19 q-7 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 those terms and conditions;
C. Owner shall, at his cost, deliver the Equipment in a sate condition, in good running order and free of hazardous materials, to the site of the auction as determined -by
TUNS 10 171 Co/Wkir--aSt-Oreiarerreg.
Auctioneer on or before
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 dollars ($ ).
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, tree 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
Holder
(if none, state' nil')
Amount Owing
on Encumbrance
b24-'7WmSCnvLe
WI
d , b -
/Oto s-Pi-c6ermmss
c
H. Owner h b a rees to pay Auctioneer an auction commission based on th gr ss price of the Equipment or any part thereof as follows: Y
(a) 1 /o • tor any lot realizing more than $2,500 and (b) 2 /o for any lot realizing $2,500 or less but with a [nir'mnuui $50 fee per lot;
(c) $25 documentation fee for each item of Equipment requiring title 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
19
AT
Accepted by
RITCHIE BR
— Limited
Owner's Bank
Branch Address
Contact
Telephone
OWNER:
Company Name'
Address'
Authorized Perso
Signature
NOTE: Equipment remains (inat your r'sk — s paragraph 1(f) on the r arrssee heo .
h/errry*� z
Telephone: Business:q rL) Fax ry `��a
970- 357% -alp%
Residence:
GUARANTOR:
Signatur
CT AUC-02 R 12/95
Note: Declaration on reverse
to be completed.
I CODE
HEAD OFFICE COPY,
971085
bRITCHEBROS. Auctioneers Int le
- Limited Partnership
Schedule A
Part of a Contract to Auction
between Ritchie Bros. Auctioneers Intl. and It 5tb a
_1, (Auctioneer) C/ (Own
dated �.1UN1E' 19 t 7
Sale Location 5a16O170N) aw
Sale Date Jvwg 26, 1997
Year of
Manufacture
Item —
Make, Model, Serial Number, Doacriptlon
Encumbrance
Holder
Amount Owing
on Encumbrance
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Page I of Z
CT AU -02A R2/06
HEAD OFFICE COPY
initials
Auctioneer Owner
er Cod
971085
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rbATCHI yBROS. Auctioneers Int'i.
— Limited Partnership
Schedule A
Part of a Contract to Auction
between Ritchie Bros. Auctioneers Intl. and
2-O.)e
(Auctioneer)
dated J t7N F_ 4
19c7
Sale Location eB21 6 I-tioNl t a Lo
Sale Date UU,J c 26, Kfq7
Year of
Manufacture
Item—
Make, Model, Serial Number, Description
Encumbrance
Holder
Amount Owing
on Encumbrance
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Page 2 of 1
CT AU -02A R2/96
HEAD OFFICE COPY
Initials
Auctioneer Owner
971085
821 Weld County Road 27
Brighton (Denver), Colorado 80601
RITCHIE BROS.
Auctioneers Intl
June 05, 1997
Mr. Dave Becker
PO Box 758
Greeley, CO 80631
Dear Mr. Becker:
Telex: 00857-144
Fax.: (303) 659-2902
Bus.: (303) 659-3962
Enclosed you will find three copies of our Contract To Auction for the items you
wish to consign to our Brighton, Colorado sale on June 26, 1997. Please read
over carefully, sign where indicated on both the front and back sections. If there
is a lien on any item, please note the lien holder's name, the amount owing, a
contact name and telephone number. When completed, please return the white
and pink copies to me as soon as possible in the envelope I have provided and
retain the gold copy for your own records.
PLEASE PAY PARTICULAR ATTENTION TO PARAGRAPH D & H ON THE
FRONT AND SUBPARAGRAPHS 1 (A) AND 2 (E) ON THE BACK OF THE
CONTRACT, IF APPLICABLE TO YOU.
I will need the title to your truck(s) and/or trailer(s) properly signed off, with the
odometer statement area completed on any of your vehicles, and notarized, if
applicable, by June 6, 1997. Since we are NO LONGER a Licensed Motor
Vehicle Dealer in the State of Colorado, PLEASE leave the title open, PLEASE
DO NOT reassign title to Ritchie Bros. Auctioneers, we would have to apply for a
title in our name, which could take up to eight (8) weeks to get back and we
would be unable to sell your item(s) in this sale. Also, since the State of
Colorado is now starting to title portable and self-propelled units that ca be towed
or driven down the highway, I will require titles or copies of your SME or SMM
registrations on any of your portable and/or self-propelled units, also by June 6,
1997. Also required are odometer statements on any vehicles that are 10,000
lb. GVW or less and 10 years or newer. I have enclosed the amount of
odometer statements required to cover your vehicles that qualify. Please sign,
where indicated, and mark ONE of the three boxes in the odometer disclosure
section.
It is required that all trucks and trailers have titles and they must be in your
name, not a title in someone else's name and assigned to you, unless you are a
licensed motor vehicle dealer. Please check your title(s) as we would be unable
to sell any item if the VIN does not match or if the VIN does not appear on the
item AGAIN ALL ITEM M ). T HAV A VIN ON IT OR h! CANNOT EI I
THEM. If you feel you may have a problem, please let me know as soon as
possible.
If you have any questions, please call.
Sincerely,
RITCHIE BROS. AUCTIONEERS INT'L.
Co\C _
Nancy Am
Sale Site Secretary
slf
encl
971085
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