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HomeMy WebLinkAboutB17-0093_Affirmation_1491509460.pdf 1641976v1 THIS AFFIRMATION OF ENTITY STRUCTURE & OWNERSHIP INTEREST (this "Affirmation") is dated as of April 5, 2017, and made by authorized agent for Benito LLC, a Colorado limited liability company ("Benito"), and Pollo Investments LLC, a Colorado limited liability company ("Pollo") ("Authorized Agent"). The information contained herein is made to the best of Authorized Agent's actual knowledge, as authorized agent for Benito and Pollo, without independent investigation aside from documentation from 2014 and 2017 provided to Authorized Agent, and in reliance thereon. Recitals A. Pollo owns that certain real property and improvements thereon known as Condominium Unit R-5, Golden Peak Condominiums, in Vail, Colorado ("Unit R-5"). B. Benito owns that certain real property and improvements thereon known as Condominium Unit R-6, Golden Peak Condominiums, in Vail, Colorado ("Unit R-6"). C. Benito and Pollo have the same sole Member, Ozero Enterprises S.A., a Panama company ("Ozero"). D. Benito and Pollo desire to combine Unit R-5 and Unit R-6 due to the common member ownership interest in the Units. E. In order to combine the Units, and as a condition precedent to combination of the Units, the Town of Vail ("Town") requires common ownership or a common ownership interest relationship amongst owners. F. Authorized Agent's authority is set forth in each of the Amended Operating Agreement for Benito and Operating Agreement for Pollo. Authorized Agent affirms the information contained herein in reliance upon (i) the executed Amended Operating Agreement for Benito dated February 25, 2014, and Operating Agreement for Pollo dated January 5, 2017, and (ii) not having been notified of any amendment, supplement or change of information such that the executed Operating Agreements have changed in any regard except as otherwise acknowledged herein, affirms that Ozero is the sole Member of Benito and Pollo. Affirmation The Recitals stated above are incorporated herein by this reference. This Affirmation shall not be recorded in the public records for Eagle County, Colorado. This Affirmation is made solely to the Town for the purpose stated herein, and shall only be relied upon by the Town and solely in connection with the Town's processing and review for approval of combination of the Units. IN WITNESS WHEREOF, Affiant has executed this Affirmation as of the date first set forth above. AUTHORIZED AGENT: ________________________ 1641976v1 Kursten Canada STATE OF ___________________ ) ) ss. COUNTY OF __________________ ) The foregoing Affirmation was acknowledged before me this ______ day of April, 2017, by Kursten Canada, as authorized agent for Benito LLC, a Colorado limited liability company, and Pollo Investments LLC, a Colorado limited liability company. My commission expires. ____________________. Witness my hand and official seal. Notary Public