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Home My WebLink AboutHomeowner Association Compliance Policy signedHomeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: 201 N. Mill Associates LLC Property Owner ("I" ): Email: jkrabacher@sah.com Phone No.: (970) 300-0123 Address of 201 N. Mill Street, Unit 202, Aspen, CO 81611 Property: (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. L( This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this docum a public document. �A Owner signature: date:a-a-- Owner printed name: 201 N. Mill Associates LLC or, Attorney signature: date: Attorney printed name: B. Joseph Krabacher RECEPTION#: 681336, R: $28.00, D: $0.00, 10/08/2021 at 09:26:06 AM, Pgs 1 of 4, Janice K. Vos Caudill, Pitkin County, CO When recorded, return to: Sherman & Howard LLC Attn: B. Joseph Krabacher, Esq. 730 E. Durant Avenue, Suite 200 Aspen, CO 81611 PARTIAL ASSIGNMENT OF DECLARANT RIGHTS FOR VALUE RECEIVED, the receipt and sufficiency of which are hereby acknowledged, BMD PHC LLC, a Delaware limited liability company, a Delaware Iimited liability company {"Assignor"), whose address is 345 Park Avenue, 33", Floor, New York NY 10154 as the assignee pursuant to the Assignment of Declarant Rights recorded August 31, 2018 as Reception No. 650026 from the Declarant under the Condominium Declaration for the Mill Building Condominium ("Condominium Declaration") recorded in the real property records of Pitkin County, Colorado (the "Records') on May 10, 2016 at Reception No. 629258 (as further amended from time to time, the "Declaration") hereby transfers, sells and conveys to 201 N. MILL ASSOCIATES LLC, a Colorado limited liability company ("Unit 202 Owner"), whose address is 730 E. Durant Avenue, Suite 202, Aspen CO 81611, and it successors and assigns, a partial assignment of the Declarant Rights, limited to: Ci) an amendment of the Condominium Map of the Mill Building Condominium recorded May 12, 2016 in Plat Book 114 at Page 60 as Reception No. 629290 ("Condominium Map') as to Unit 202 to subdivide Unit 202 into two separate condominium units, to be known as Unit 202 and Unit 203, Mill Building Condominium; (ii) an amendment of the Declaration to adjust and reallocate the allocated interests, voting rights and other rights and obligations of Unit 202 and to divide those interests, rights and obligations between amended Unit 202 and new Unit 203, based on the pro rata square footages of amended Unit 202 and new Unit 203; and (iii) the rights to take such actions, and execute, deliver and record all necessary documents, instruments, and agreements, including a First Amendment to the Condominium Map of the Mill Building and a First Amendment to the Condominium Declaration of the Mill Building required in order to subdivide Unit 202 into two separate condominium units, and no other actions without consent of the Assignor. This Partial Assignment of Declarant Rights affects or encumbers the property commonly known as Unit 202 of the Mill Building Condominiums as legally described as follows: Unit 202, MILL BUILDING, according to the Condominium Map thereof recorded May 12, 2016 in Plat Book 114 at Page 60 as Reception No. 029290, and as defined and described in the Condominium Declaration for the Mill Building Condominium recorded May 10, 2016 as Reception No. 629258 of the records of Comity of Pitkin, Colorado, also known as: 201 N. Mill Street, Unit 202. Aspen, CO 81611; Parcel No. 273707317042. 00421237.1 53831781.1 RECEPTION#: 681336, 10/08/2021 at 09:26:06 AM, Pgs 2 of 4, Janice K. Vos Caudill, Pitkin County, CO (iv) This Partial Assignment of Declarant Rights is for the limited purposes as described above, and does not assign or affect any of the other Declarant Rights of the Assignor in the Declaration or otherwise. (v) The Assignor has, and will have, no liability for any actions taken by the Assignee pursuant to this Partial Assignment of Declarant Rights. (vi) The Assignee hereby agrees to indemnify and hold harmless the Assignor and Assignor's managers, members, agents, and representatives ("Indemnified Parties") from and against any and all Legal Actions or Losses relating to, resulting from or arising in connection with the exercise of the Declarant Rights assigned hereunder. "Legal Action" means any claim, suit, arbitration or proceeding, whether judicial or administrative in nature related to or arising from the exercise of the Declarant Rights assigned hereunder. "Losses" means any and all claims including, without limitation, obligations, damages, losses, expenses, fines, penalties, fees, judgments, awards, amounts paid in settlement, reasonable legal fees and disbursements_ IN WITNESS WHEREOF, the foregoing Partial Assignment of Declarant Rights has been executed by Assignor, to be effective as of the date of execution hereof. ASSIGNOR: BNID PHC LLC, a Delaware limited liability company By: RUDIINT NEST I LLC a Delawa liplited li ility company By: Michael Rud' . Manager [Notary appears on following page] 00421237.1 53831781.1 RECEPTION#: 681336, 10/08/2021 at 09:26:06 AM, Pgs 3 of 4, Janice K. Vos Caudill, Pitkin County, CO STATE OF NEW YORK ) ss: COUNTY OF NEW YORK ) On OeTaJ3F-R .5 , 2021 before me, E!SrI.M?, R05A , Notary Public, personally appeared Michael Rudin, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sib ature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of New York that the foregoing paragraph is true and correct. WITNESS my hand and official seal /� i=ST1-iER AaSA r� Signature: tea tzal � 1<� Notary 1Puob0cR State of New York Qualified in Queens County My commission expires: Cornmission Expires March 5, 2Qa 3 [Signatures and Notary appear on following page] 00421237.1 53931781.1 RECEPTION#: 681336, 10/08/2021 at 09:26:06 AM, Pgs 4 of 4, Janice K. Vos Caudill, Pitkin County, CO IN WITNESS WHEREOF, the foregoing Partial Assignment of Declarant Rights has been executed by Assignee. to be effectit-e as of the date of execution hereof. ASSIGNOR: 201 N. MILL ASSOCIATES, LLC, a Colorado limited liability company By. .( �- B. Joseph Krabacher, Manager STATE OF COLORADO ) ss: COUNTY OF PITKIN ) �/ On 7 , 2021 before me, t d �tS , Notary Public, personally appeared B. Joseph Krabacher, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Colorado that the foregoing paragraph is true and correct. WITNESS my h od official se 1 Signature:4 a,- C—/, My commission expires: �"l/• p? ��j LlNbA A. CHRISTINA NOTARY PUBLIC STATE OF COLORAI]O NOTARY 10 19984031215 MY COMMISSION EVIRES 071 112023 00421237,1 5383178I.1