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Home My WebLink About20080427.tiff RESOLUTION RE: APPROVE REPLACEMENT 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 Weld County Board of Commissioners approved Use by Special Review Permit #1607, for Henry Johnston, c/o Donald Eymann, 4015 County Road 13, Dacono, Colorado 80514,fora 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 NW 1/4/4 of Section 25, Township 1 North, Range 68 West of 6th P.M., Weld County, Colorado 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)for Use by Special Review Permit#1607, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Donald Eymann, with terms and conditions being as stated in said agreement, and accepted a check from Recreational Storage Solutions, LLC, 13738 Star Creek Drive, Broomfield, Colorado 80023, in the amount of$65,539.00, and WHEREAS, the Board has been presented with replacement collateral in the form of an 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, upon recommendation of staff, the Board deems it advisable to release the original collateral, and accept the replacement collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the check from Recreational Storage Solutions, LLC, 13738 Star Creek Drive, Broomfield, Colorado 80023, 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. 111111 (IIII 111111 III 1111111 VIII 111111 III VIII IIII IIII 2008-0427 PL1911 3537483 02/26/2008 12:08P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder G ; ,/ ! / /'6� tr.er'e- l j�// ('0 REPLACEMENT COLLATERAL - DONALD EYMANN, DBA RECREATIONAL STORAGE SOLUTIONS, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the replacement collateral in the form of an 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, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 6th day of February, A.D., 2008. f.-C ' BOARD OF COUNTY COMMISSIONERS �� ,•. Y ,;.,, WELD COUNTY, COLORADO ATTEST: £jrEc.;c/ `lt -ti' l '� ' F-Gv -tr +' + 27 — 1 • liam H. Jerke, Chair Weld County Clerk to the oati 4° ; B f 1\\Q : r ! ' fir" Rob rt Ma ,fro-Tem BY: �c1 i.- �7? m cl*he Board. / / I f Willi F.� ,,)Garcia AP" a%ED —'. FO' � : o`\i c, cDC David E. Long y Attorney �� 9 a rtwwa rtr Douglas (Rademacher • Date of signature: ally 1111111 11111 Olt III 111111111111111111 III 11111 1111 III 2008-0427 PL1911 3537483 02/26/2008 12:08P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder # ttt MEMORANDUM Wo`Pe. TO: Board of County Commissioners COLORADO DATE: January 31, 2008 FROM: Michelle Martin r1 A U SUBJECT: USR-1607 The Department of Planning Services originally received a check for the Private Improvements Agreement for USR-1607 (A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor and indoor storage of RV's, boats, including a dump station, wash-bay, air, water, vacuum, office, lounge, retail store, and a 24-hour rental kiosk) in the A (Agricultural) Zone District). The original collateral was approved by the Board of County Commissioners on December 12, 2007. The applicant would now like to substitute the check for the attached letter of credit. The collateral for the Improvements Agreement is in the amount of sixty five thousand five hundred thirty nine dollars ($65,539.00) for on-site improvements. After review of the collateral by the Weld County Attorney, the Department of Public Works and Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the on-site improvements required for USR-1607. 2008-0427 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 Letter of Credit No. NZS611206 of Weld County Date: January 25, 2008 918 10th Street Greeley, CO 80631 Attention: Clerk to the Board Ladies and Gentlemen: 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 , .A. BY: (AUTHORIZED SIGNATURE) EISA CHAU ASSISTANT VICE PRESIDENT Page 2 of 2 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO March 3, 2008 ATTN; DONALD EYMANN RECREATIONAL STORAGE SOLUTIONS LLC 13738 STAR CREEK DRIVE BROOMFIELD CO 80023 RE: Cancellation and release of Collateral for Recreational Storage Solutions, LLC. Mr. Eymann: On February 6, 2008, the Board of County Commissioners approved the cash release of the original collateral for USR#1607, in the amount of$65,539.00, as referenced above,and approved the replacement collateral in the form of an Irrevocable Letter of Credit. Enclosed is a copy of the Resolution signed by the Board of County Commissioners, and a warrant in the amount of $65,539.00. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. 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: �'( >Z'Ltt- Donna J. Be ler Deputy Clerk to the Board VICKI wunry,l..oTOTBQo WARRANT NUMBER 3223540 INVOICE NUMBER INVr11CF INVOICF rose::num-AR ADDITIONAL " ',` ET `.?`_?:;` DRRFFFRFNCF DATF AMOIINT DFOI irmouq AMOUNT -AMININT "..'. 20080427 02/25/08 65,539.00 .00 .00 65,539.00 + REMOVE DOCUMENT ALONG THIS PERFORATION THIS:.• MENT-IS '- . .1 .;C• • Dos 17NLE ':BLUE'' a oWN A E- ESENT. Ville. Weld County NUMBER 3223540 r ,T OFMDNE9 IN THE TPF,.0 OW By Order of The Board Of County Commissioners 82-91 CA►PROPRIATED THEREFOR AND g COLOR ADO P.O. Box 759 1021 LHAfM FAnLF TO THE Greeley,CO 80632 � �0 Wells Fargo (970)356-4000 FAX:(970)352-0242 'w'" TM ,Greeley CO 80634 $**""`*65,539.00 O DATE 2/29/2008 L.L. Sixty Five Thousand Five Hundred Thirty Nine Dollars VOID IF NOT CASHED IN 60 DAYS A O PAY TO THE ORDER OF rv. r / ,L e I" RECREATIONAL STORAGE SOLUTIONS,LLC CHAIRMAN BOARD OF COUNTY COMMISSIONERS < 4015 COUNTY ROAD 13 I— DACONO CO 80514 Ancrd-1. _,- CL OFT ARD "00032235400 I: LO 2 L009 la': 8012700848H' CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 W461\IlD P. O. BOX 758 GREELEY, COLORADO80632 C. COLORADO June 18, 2009 WELLS FARGO BANK N.A. TRADE SERVICES DIVISION, NORTHERN CALIFORNIA ONE FRONT STREET, 21ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 RE: Letter of Credit#NZS611206 for Recreational Storage Solutions, LLC/Donald Eymann Ladies and Gentlemen: This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letter of Credit. As you are aware, on the 25th day of January, 2008, Wells Fargo Bank, N.A., issued a Letter of Credit on behalf of Recreational Storage Solutions, LLC, naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Sixty-five Thousand Five Hundred Thirty-nine and no/100 ($65,539.00). The terms of the Letter of Credit require that it be maintained by your institution until the 10th day of December, 2008, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expires prior to that date, please contact me immediately, as you are required under the terms of the Letter of Credit to replace it. If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227. Very my yo/ �r , adit Donald D. Warden / Clerk to the Board By4 -Mad, Deputy Cler o the Board pc Recreational Storage Solutions, LLC, / Donald Eymann • • • U.S. Postal Service<M, CERTIFIED MAILTM RECEIPT 5 (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery ini•rmati•n visit •ur we•slte at www.us•s.c•m® ru Postage $ m Codified Fee 1 O O Return Receipt Fee Postmark (Endorsement Required) Here ' ru Restricted Delivery Fee ru (Endorsement Restricted d) / Total Postage&Fees $ un CI Sent To _ .kt.)2 5.- l- /o SLlae'JJ 8 A 71e e&9 L'- treat, t No.' / /� or PO Box NoeY1p than/SA 01/_ [ l /I City.St = Z/P+�rEllr5i..l.. r / fa, 1 i CA/ 919// s F arm J'n,June 2n2 See everse f•r lnstructi ns • SENeE•: Ca M•LETE THIS SECTIeN COM•(ETE THIS Sccn•N •N DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X ti ❑Agent • Print your name and address on the reverse ID Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different item 1? ❑Yes 1. ArticleAddressed to: If YES,enter delivery addreeibelow: O No Jt //Sirr/C +r0CE/t/£' YEW "Fade,Se rk'•'E.es/�; '%s%� �1 2cr//ier-.7 c/9 '�/ 0V-6/A 3. Service Type rim FYC/�/ lett-Waffled Mail ❑Express Mail i n i i//�/ ❑Registered RLeurn Receipt for Merchandise /)F)G/)Ci see, e-/7 7 ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes z. Article Number 7005 1820 0003 5225 1911 (Transfer from service labei) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; • y met yin, oifaId Donna Bechler From: Donna Bechler Sent: Friday, October 09, 2009 10:36 AM To: 'Kathy.L.Wolf@wellsfargo.com' Subject: RE: Kathy, I believe your customer received the notice in order to notify him in advance that the collateral will be canceled. However, it will need to go before the Board of County Commissioners at one of their Board meetings, and the release of collateral will need to be approved by them, before I can return the Letter of Credit to you. As soon as that takes place, I will return the original to you. Donna From: Kathy.L.Wolf@wellsfargo.com [mailto:Kathy.L.Wolf@wellsfargo.com] Sent: Friday, October 09, 2009 10:15 AM To: Donna Bechler Subject: Donna, We had previously communicated concerning a standby letter of credit for Mile High Dairy LLC. I am contacting you because I am hoping you can help me with another customer or at least direct me to whom I need to address. We issued a standby letter of credit for Recreational Storage Solutions in December 2008. Our customer received a notice from the county stating that the letter of credit was not longer needed. Our trade bank does require that the original letter of credit be returned to them. That is where I am hoping you can help me obtain that letter of credit. Please let me know if you need additional details or if I need to direct this request to someone else. Thank you. Kathy Wolf Business Associate Gree/ey Business Banking 2164 35th Ave Greeley, CO 80634 970-336-6252 C7515-011 WELLS FARGO RESTRICTED or CONFIDENTIAL - Not intended for use, reproduction or further distribution outside of Wells Fargo & Company, or those without a business need-to-know. 1 Hello