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Home My WebLink About20093071.tiff158 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1607 - DONALD EYMANN, DBA RECREATIONAL STORAGE SOLUTIONS, LLC 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, by Resolution dated July 18, 2007, the Board approved the application of Henry Johnston, do Donald Eymann, 4015 County Road 13, Dacono, Colorado 80514, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor and indoor storage of RV's and boats, including a dump station, wash bay, air, water, vacuum, office, lounge, retail store, propane sales, and a 24 -hour rental kiosk) in the A (Agricultural) Zone District, on the following described real estate, to wit: Part of the NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on December 12, 2007, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Donald Eymann, dba Recreational Storage Solutions, LLC, with terms and conditions being as stated in said agreement, and accepted check #1530, drawn on Recreational Storage Solutions, LLC, 13738 Star Creek Drive, Broomfield, Colorado 80023, in the amount of $65,539.00, and WHEREAS, on February 6, 2008, the Board approved replacement collateral in the form of Irrevocable Letter of Credit No. NZS611206 from Wells Fargo Bank, N.A., Trade Services Division, Northern California, One Front Street, 21st Floor, San Francisco, California 94111, in the amount of $65,539.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Irrevocable Letter of Credit No. NZS611206, drawn on Wells Fargo Bank, N.A., in the amount of $65,539.00, be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 111111111111111111111111 III 111111111111 III 111111111 IIII 3667158 12/28/2009 11:37A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-3071 PL1911 cc PL./ p , t-FPc= /W3647 CANCEL COLLATERAL - DONALD EYMANN, DBA RECREATIONAL STORAGE SOLUTIONS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of November, A.D., 2009. ATTEST: Weld County Clerk to the Board BY C'/ -.agx' // Deputy Clerk to the Boar APPROVED AS TO FORM: County At%rney Date of signature YR ,-/ 1111111 11111 111111 1111 III 111111111111111 11111 11111111 3667158 12/28/2009 11:37A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder BOARD OF aUNTY COMMISSIONERS WE , COLORADO F. Garcia, Chair er, Pro-Tem USED Sean P onway r ara Kirkmeye David E. Long 2009-3071 PL1911 MEMORANDUM Opt TO: Board of County Commissioners DATE: November 17, 2009 FROM: Michelle Martin mil SUBJECT: USR-1607 The Department of Planning Services received a letter from the applicant dated 11/5/09 indicating the improvements have been done on the site. Two site inspections were conducted on 6/9/09 and 11/17/09 by the Weld County Department of Public Works and the Planning Department indicating all improvements have been completed. The Department of Public Works and the Department of Planning Services is recommending release of the collateral in the amount of sixty five thousand five hundred thirty nine dollars ($65,539.00) for on -site improvements. 2009-3071 From: David P. Lee [mailto:dp.lee@comcast.net] Sent: Thursday, November 05, 2009 12:27 PM To: 'Michelle Martin' Cc: 'David P. Lee' Subject: RE: USR-1607 Hello Michelle, Hope all is well with you. I am following up on the letter for releasing the line of credit/collateral that we had with Recreational Storage Solutions. Do you have a letter that you can email or fax me stating that it has been released? Fax 303-600-0130 Thanks David RSS 720-319-3489 Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Wednesday, June 10, 2009 11:45 AM To: 'David P. Lee'; deymann@comcast.net Cc: Richard Hastings Subject: USR-1607 Attachments: USR-1607 RV Storage- MEMO.doc The Department of Public Works and the Department of Planning Services conducted a site inspection of the property yesterday and determined that the only outstanding item was the screened dumpster area. Please send photos once it has been screened and we can start the process of releasing the collateral. Let me know if you have any questions. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: littp:Avww.co.weld.co.us departments/planning/comp improve commeuts.cfm 6/10/2009 H. t'zol lURe. COLORADO MEMORANDUM TO: Don Dunker, Public Works Department DATE: 6/10/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Final Release of Collateral Recreational Storage Solutions, LLC — (USR-1607) Request for Final Release of Collateral: The Department of Planning Services received a request from the applicant, Donald Eymann, requesting a final inspection of the property in order to obtain the final release of collateral, at the conclusion of the one-year warranty period. Weld County Public Works Department performed a site inspection on 6/9/09, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements (Private Road Maintenance) Document # 2007-3722, have been completed and are found to be acceptable. Weld County Collateral List: Eymann, Donald, dba Recreational Storage Solutions, LLC (PL1911, #2008-0427) Improvements Agrmt (Private) Irrevocable Letter of Credit #NZS611206 - Wells Fargo Bank (Replacement for cash collateral) Expires 12/10/08 with auto renewal Unless 60 days notice $65,539.00 Recommendation: The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of $65,539,00. Any non -Public Works -related items should be verified by Planning Services prior to collateral release. C: Documents and Settings \mmartin\Local Settings \Temporary Internet Files \OLK88\USR-1607 RV Storage- MEMO.doc fit 1*1 COLORADO November 30, 2009 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 DONALD EYMANN DBA RECREATIONAL STORAGE SOLUTIONS, LLC 4015 COUNTY ROAD 13 DACONO, COLORADO 80514 RE: Cancellation and release of Collateral for Donald Eymann, dba Recreational Storage Solutions, LLC Mr. Eymann: On November 23, 2009, the Board of County Commissioners approved the cancellation and release of collateral for Donald Eymann, dba Recreational Storage Solutions, LLC, in the amount of $65,539.00, as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. The original Irrevocable Letter of Credit No. NZS611206 for $65,539.00 has been returned to Wells Fargo Bank, N.A. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS � BYv (11d1,- L�- Donna J. Beclifer Deputy Clerk to the Board (\40 Mac. COLORADO November 30, 2009 ATTN; EISA CHAU, ASST VP WELLS FARGO BANK, N.A. TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral — Donald Eymann, dba Recreational Storage Solutions, LLC Dear Eisa Chau: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Donald Eymann, dba Recreational Storage Solutions, LLC, in the amount of $65,539.00, and the original Irrevocable Letter of Credit No. NZS611206, issued by Wells Fargo Bank, N.A., in the amount of $65,539.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By:4 v421 7 itAir Donna J. Be ler, Deputy Clerk to the Board WELLS FARGO WELLS FARGO BANK, N.A. TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 Contact Phone: 1(800) 798-2815 (Option 1) Email: sftrade@wellsfargo.com IRREVOCABLE LETTER OF CREDIT Board of County Commissioner of Weld County 918 10th Street Greeley, CO 80631 Attention: Clerk to the Board Ladies and Gentlemen: Letter of Credit No. NZS611206 Date: January 25, 2008 ( 6P S'0 0 At the request and for the account of Recreational Storage Solutions LLC, 13738 Star Creek Dr., Broomfield, CO 80023, we hereby establish our Irrevocable Letter of Credit in your favor in the amount of Sixty Five Thousand Five Hundred Thirty Nine and 00/100's United States Dollars (US$65,539.00) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded as follows with the instruction in brackets therein complied with: "The undersigned, an authorized official of the Board of County Commissioner of Weld County ("Beneficiary"), hereby certifies that Recreation Storage Solutions LLC ("Applicant") has commited a material breach of the Improvements Agreement according to policy regarding collateral for improvements regarding dated {insert date} by and between the Beneficiary and Applicant." Each draft must also be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit of our payment of such draft. Partial and multiple drawings are permitted under this Letter of Credit. Each draft must be marked "Drawn under Wells Fargo Bank, N.A. Letter of Credit No. NZS611206." If any instructions accompanying a drawing under this Letter of Credit request that payment is to be made by transfer to an account with us or at another bank, we and/or such other bank may rely on an account number specified in such instructions even if the number identifies a person or entity different from the intended payee. This Letter of Credit expires at our above office on December 10, 2008, but shall be automatically extended, without written amendment, to December 10 in each succeeding calendar year, unless we have sent written notice to you at your address above by registered mail or express courier that we elect not to renew this Letter of Credit beyond the date specified in such notice which date, will be December 10, 2008 Page 1 of 2 or any subsequent December 10 and be at least 60 calendar days after the date we send you such notice. Upon our sending you such notice of the nonrenewal of the expiration date of this Letter of Credit, you may also draw under this Letter of Credit by presentation to us at our above address, on or before the expiration date specified in such notice, of your draft drawn on us at sight accompanied by your signed and dated statement worded as follows: "The undersigned, an authorized official of the Board of County Commissioner of Weld County ("Beneficiary"), hereby certifies that we have received notice from Wells Fargo Bank, N.A. that the Letter of Credit No. NZS611206 will not be renewed and that Recreation Storage Solutions LLC ("Applicant") has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. NZS611206." We hereby engage with you that all draft(s) and/or documents drawn under and in compliance with the terms of this credit will be duly honored for payment. This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500, and engages us in accordance therewith. Very truly yours WELLS FARGO BY: (AUTHORIZED SIGNATURE) EISA CHAU ASSISTANT VICE PRESIDENT Page 2 of 2 Wells Fargo Bank, N.A. Operations Group Northern California One Front Street, 21st Floor San Francisco, CA 94111 DATE: DECEMBER 8, 2009 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ATTN: CLERK OF BOARD 918 10TH STREET GREELEY, CO 80631 WELLS FARGO PAGE: 1 AMENDMENT TO CREDIT NO. NZS611206 AMENDMENT NUMBER: 1 APPLICANT: RECREATIONAL STORAGE SOLUTIONS LLC 13738 STAR CREEK DR. BROOMFIELD, CO 80023 THIS AMENDMENT IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE ATTACHED THERETO. THE ABOVE MENTIONED CREDIT IS AMENDED AS FOLLOWS: THE AMOUNT OF THIS CREDIT HAS BEEN DECREASED BY USD 65,539.00. THE AMOUNT OF THE CREDIT ISSUED NOW TOTALS USD 0.00. THE DATE OF EXPIRY IS AMENDED TO: DECEMBER 8, 2009. THE FOLLOWING ADDITIONAL CONDITION HAS BEEN ADDED: ORIGINAL RETURNED FOR CANCELLATION WITH BENEFICIARY CONSENT SIGNED BY DONNA J. BECHLER, DEPUTY CLERK TO THE BOARD DATED 11/30/09. ALL OTHER TERMS UNCHANGED. MICHELE LEE ASSISTANT VICE PRESIDENT AUTHORIZED SIGNATURE PLEASE CONTACT PHEE H. CHEN BY TELEPHONE AT 415-396-3377 OR BY FAX AT (415) 296-8905 OR TRADE CONNECTIONS AT 1-800-798-2815 REGARDING ANY INQUIRIES. Original Donna Bechler From: Sent: To: Subject: Donna, info@rsscolorado.com Tuesday, December 08, 2009 5:34 AM Donna Bechler RE: FW: Release Letter of Credit (Thank You) Thank you very much for going the extra mile here. I greatly appreciate the help and keeping me in the loop. Don Eymann (303) 727-0243 Original Message Subject: FW: Release Letter of Credit From: Donna Bechler <dbechler@co.weld.co.us> Date: Mon, December 07, 2009 4:20 pm To: "info@rsscolorado.com" <info@rsscolorado.com> Here are the responses I have received from Gail. Just wanted to keep you in the loop. Donna From: orlandgm@wellsfargo.com[mailto:orlandclm@wellsfargo.com] Sent: Monday, December 07, 2009 4:08 PM To: chaue@wellsfargo.com Cc: Donna Bechler Subject: RE: Release Letter of Credit Elsa, Please see the below email from Donna regarding the LC returned for cancellation. Gail M. Orlando I Wells Fargo Trade Services 11000 Louisiana St, 4th Floor I Houston TX 77002 I Mac 75001- 0461 Ph: 713-319-1457 I Fx: 713-739-1080 I gaiLorlando@wellsfargo.com 'This message may contain confidential and/or privileged information If you are not the addressee or authorized to receive this for the addressee, you must not use. copy, disclose. or take any action based on this message or any information herein If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation " From: Donna Bechler [mailto:dbechler@co.weld.co.us] Sent: Monday, December 07, 2009 5:05 PM To: Orlando, Gail M. Subject: RE: Release Letter of Credit Gail, I just checked with our mailroom, and the released Letter of Credit was delivered to the San Francisco office at 10:46 a.m. on December 4, 2009, and was signed by Zaw/Thu. We have released Letters of Credit from Wells Fargo Bank many times in the past, and the resolution signed by the County Commissioners, who are the beneficiaries, along with a letter stating the 1 collateral was released, and the released Letter of Credit have always sufficed. This is the standard procedure we use to release all collateral. Please note the second to the last paragraph on the first page of the Resolution showing it was released. It contains the LC number, amount, and authorization for release. Donna From: orlandgm@wellsfargo.com [mailto:orlandcim@wellsfarqo.com] Sent: Monday, December 07, 2009 3:35 PM To: Donna Bechler Cc: chaue@wellsfargo.com Subject: RE: Release Letter of Credit Donna, If the LC was returned, we will need a letter from the beneficiary authorizing Our LC NZS611206 to be cancelled. The cancellation letter must be addressed to Wells Fargo Bank and must indicate our LC reference and signed by the beneficiary. In my review of the attached, this is not a release to Wells Fargo Bank. Gail M. OrlandoiWells Fargo Trade Services I1000 Louisiana St, 4th Floor I Houston TX 77002 I Mac 75001- 0461 Ph: 713-319-1457 I Fx: 713-739-1080 I gail-orlando@wellsfargo.com "This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy disclose, or take any action based on this message or any information herein. If you have received this message in error please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation." From: Donna Bechler [mailto:dbechler©co.weld.co.us] Sent: Monday, December 07, 2009 4:10 PM To: Orlando, Gail M. Subject: Release Letter of Credit Gail, On November 23, 2009, the Board of Weld County Commissioners released Irrevocable Letter of Credit No. NZS611206 from Wells Fargo Bank, for Donald Eymann, dba Recreational Storage Solutions, LLC. On November 30th, I sent a letter and the original Letter of Credit to Eisa Chau at Wells Fargo Bank, Trade Services Division, San Francisco, California, by regular mail, certified return receipt- I received a call from Mr. Eymann stating Wells Fargo had not received the original Letter of Credit as of 12/07/2009, and asked that I call Betty Watson to confirm that the collateral had been released and returned to the bank- I was unable to talk to her since her voice message stated she would be out until December 18th- I then called you and notified you of the situation. Can the collateral for Mr. Eymann be released based on our conversation? The original Letter of Credit should be arriving at Eisa Chau's office shortly. I am enclosing a copy of the information that was mailed to Eisa Chau- Could you please send me an e-mail with the decision, so I can let Mr. Eymann know. Thank you. Sincerely, Donna Bechler Deputy Clerk to the Board Weld County Government 2 Hello