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HomeMy WebLinkAboutagenda.council.special.20091116NOTICE OF SPECIAL MEETING At the request of Mayor Ireland, there will be a special City Council meeting Monday, November 16, 2009, at 5:00 p.m., City Council Chambers, 130 South Galena, Aspen, Colorado. The agenda for that meeting is: Ordinance #23, 2009 — General Obligation Housing Refunding Bonds - Emergency Ordinance athryn S. Koch, City Clerk Notices delivered to: Mayor Ireland Councilman Johnson Councilman Skadron Councilman Romero Councilman Torre John Worcester, city attorney Steve Barwick, city manager MEMORANDUM TO: Mayor and City Council FROM: Don Taylor, Director of Finance THRU: Steve Barwick, City Manager DATE OF MEMO: November 13, 2009 MEETING DATE: November 16, 2009 RE: Refinancing of 2001 General Obligation Bonds REQUEST OF COUNCIL: To authorize issuance of refunding bonds to repay the outstanding 2001 General Obligation Bonds by adopting Ordinance #23, Series of 2009. PREVIOUS COUNCIL ACTION: City Council authorized the issuance of General Obligation Bonds in 2001. On October 20`h 2009, Council authorized preparation of documents to authorize the sale of refunding bonds in order to realize no less than a 3% savings on a net present value basis. BACKGROUND: The coupon rates on the remaining bonds outstanding from the 2001 General obligation bond issue are now higher than what can be achieved from issuing new bonds in today's market. By issuing new bonds at lower interest rates in order to repay the old bonds the City can affect savings on each of this bond issues. If the General Obligation bonds were refinanced at the interest rates that were available in late October, it would save approximately $295,000 on a present value basis. Annual savings ranges from $26,000 to $31,000 per year. These savings are net of all issuance costs. DISCUSSION: Interest rates are very low in this current market, particularly on the short end of the yield curve. Refinancing the outstanding 2001 GO Bonds will allow us to take advantage of these rates that are lower than what is currently stated on the existing bonds. The ordinance that is provided authorizes the issuance of the bonds subject to meeting certain criteria. This is referred to as a parameters ordinance. The parameters are specified in section 31 of the ordinance. The parameter that is of primary interest to the city is achieving net present value savings of at least 3% of the par value or the refunded bonds. If this level of savings cannot be achieved then the sale of the refunding bonds will not proceed. FINANCIALBUDGET IMPACTS: The General Obligation Bond refunding will produce an annual budget savings of $26,000-$31,000 per year in the Housing development fund (150 fund). Page 1 of 2 RECOMMENDED ACTION: Staff recommends City Council approve the ordinance authorizing the issuance of the Refunding Bonds. ALTERNATIVES: The Council could choose to not do the refunding or to postpone the refunding to a point in time when it thought interest rates would be lower. PROPOSED MOTION: Move to adopt Ordinance #23, Series of 2009, on second reading. CITY MANAGER COMMENTS: ATTACHMENTS: Page 2 of CERTIFIED RECORD OF PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO RELATING TO AN ORDINANCE AUTHORIZING THE ISSUANCE OF: Up to $6,500,000 City of Aspen, Colorado General Obligation Housing Refunding Bonds Series2009 This cover page is not a part of the following ordinance and is included solely for the convenience of the reader. 4813-1651-5845.2 TABLE OF CONTENTS Page Section1. Definitions.............................................................................................................. 4 Section 2. Authorization and Purpose of Bonds..................................................................... 7 Section3. Bond Details........................................................................................................... 8 Section 4. Redemption of Bonds Prior to Maturity................................................................ 9 Section5. Bond Account...................................................................................................... 10 Section 6. Escrow Account................................................................................................... 10 Section 7. Delivery of Bonds and Application of Bond Proceeds ........................................ 10 Section 8. Security for the Bonds......................................................................................... 11 Section9. Form of Bonds..................................................................................................... 13 Section 10. Execution of Bonds.............................................................................................. 13 Section11. Temporary Bonds................................................................................................. 13 Section 12. Registration of Bonds in Registration Books Maintained by Paying Agent ....... 14 Section 13. Transfer and Exchange of Bonds......................................................................... 14 Section 14. Replacement of Lost, Destroyed or Stolen Bonds ............................................... 14 Section15. Investments................................................... :...................................................... 14 Section 16. Various Findings, Determinations, Declarations and Covenants ........................ 14 Section 17. Federal Income Tax Covenants........................................................................... 16 Section18. Defeasance........................................................................................................... 17 Section 19. Events of Default................................................................................................. 17 Section 20. Remedies for Events of Default........................................................................... 18 Section 21. Amendment of Ordinance ..... :.............................................................................. 18 Section 22. Appointment and Duties of Paying Agent........................................................... 19 Section 23. Delegation and Parameters.................................................................................. 19 Section 24. Authorization to Execute Documents.................................................................. 20 Section 25. Approval of Official Statement............................................................................ 21 Section 26. Application of Supplemental Act......................................................................... 21 Section 27. Limitation of Actions........................................................................................... 21 Section 28. Events Occurring on Days That Are Not Business Days .................................... 21 Section 29. Ordinance Is Contract with Owners of Bonds and Irrepealable .......................... 21 Section 30. Headings, Table of Contents and Cover Page ..................................................... 22 Section31. Severability.......................................................................................................... 22 Section 32. Repeal of Inconsistent Ordinances....................................................................... 22 Section 33. Ratification of Prior Actions................................................................................ 22 Section 34. Headings, Table of Contents and Cover Page ..................................................... 22 Section35. Recordation.......................................................................................................... 22 Section 36. Declaration of Emergency and Effective Date .................................................... 22 4813-1651-5845.2 ORDINANCE N0.��_ (SERIES OF 2009) AN ORDINANCE AUTHORIZING THE ISSUANCE BY THE CITY OF ASPEN, COLORADO OF ITS GENERAL OBLIGATION HOUSING REFUNDING BONDS, SERIES 2009, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $6,500,000, FOR THE PURPOSE OF REFUNDING CERTAIN GENERAL OBLIGATION BONDS OF THE CITY; PROVIDING FOR THE PAYMENT OF SUCH BONDS FROM REVENUES FOR THE OPERATION OF TRUSCOTT PLACE AND MONEYS IN THE CITY'S AFFORDABLE HOUSING/DAYCARE FUND THAT ARE AVAILABLE FOR SUCH PURPOSES AND THE PROCEEDS OF AD VALOREM PROPERTY TAXES; PROVIDING THE LEVY OF AD VALOREM PROPERTY TAXES FOR THE PAYMENT OF SUCH BONDS; PROVIDING THE FORM OF SUCH BONDS AND OTHER DETAILS WITH RESPECT TO SUCH BONDS AND THE PAYMENT THEREOF; APPROVING OTHER DOCUMENTS RELATING TO SUCH BONDS; AND DECLARING AN EMERGENCY. RECITALS WHEREAS, the City of Aspen (the "City"), in the County of Pitkin and State of Colorado, is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City (the "Charter"); and WHEREAS, under the Charter, the City is possessed of all powers which are necessary, requisite or proper for the government and administration of its local and municipal matters, all powers which are granted to home rule municipalities by the Colorado Constitution, and all rights and powers that now or hereafter may be granted to municipalities by the laws of the State of Colorado; and WHEREAS, at an election called on May 8, 2001, the City submitted the following question (the "Ballot Question") to the registered electors of the City for approval: SHALL CITY OF ASPEN DEBT BE INCREASED BY UP TO $12,740,000, WITH A MAXIMUM REPAYMENT COST OF $22,578,000, FOR THE PURPOSE OF CONSTRUCTING AND EQUIPPING ADDITIONAL AFFORDABLE HOUSING UNITS AND INFRASTRUCTURE IMPROVEMENTS AT OR NEAR TRUSCOTT PLACE, WHICH DEBT SHALL BE PAYABLE FROM (1) RENT AND OTHER REVENUES FROM THE OPERATION OF TRUSCOTT PLACE AND MONEYS IN THE CITY'S HOUSING/DAYCARE FUND THAT ARE AVAILABLE FOR SUCH PURPOSE (THE "TRUSCOTT AND HOUSING/DAYCARE FUND REVENUES") AND (2) ALTHOUGH, BASED ON HISTORICAL COLLECTIONS, TRUSCOTT AND HOUSING/DAYCARE REVENUES ARE EXPECTED TO BE SUFFICIENT TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT AND TO OTHERWISE COMPLY 4813-1651-58452 WITH THE COVENANTS OF THE RESOLUTION OR OTHER INSTRUMENTS GOVERNING SUCH DEBT, IF AND TO THE EXTENT THE CITY COUNCIL DETERMINES THAT THE PROJECTED TRUSCOTT AND HOUSING/DAYCARE FUND REVENUES WILL NOT BE SUFFICIENT FOR SUCH PURPOSE IN ANY YEAR, FROM THE TAXES DESCRIBED BELOW; SHALL CITY TAXES BE INCREASED BY UP TO $1,213,000 ANNUALLY IN ANY YEAR BY THE LEVY OF AD VALOREM PROPERTY TAXES, WITHOUT LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDITION, TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH DEBT AND TO OTHERWISE COMPLY WITH THE COVENANTS OF THE RESOLUTION OR OTHER INSTRUMENTS GOVERNING SUCH DEBT IF AND TO THE EXTENT THE CITY COUNCIL DETERMINES THAT THE PROJECTED TRUSCOTT AND HOUSING/DAYCARE FUND REVENUES WILL NOT BE SUFFICIENT THEREFOR; AND SHALL SUCH DEBT MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED, DATED AND SOLD AT SUCH TIME OR TIMES, AT SUCH PRICES (AT, ABOVE OR BELOW PAR) AND IN SUCH MANNER AND WITH SUCH TERMS, NOT INCONSISTENT HEREWITH, AS THE CITY COUNCIL MAY DETERMINE? WHEREAS, a majority of the registered electors of the City voting on the Ballot Question at the May 8, 2001 election voted in favor of the Ballot Question; and WHEREAS, the City has previously issued, in accordance with Ordinance No. 30 (Series of 2001) (the "2001 Bond Ordinance"), its City of Aspen, Colorado, General Obligation Housing Bonds, Series 2001A (the "Series 2001A Bonds"), in the original aggregate principal amount of $7,635,000 and presently outstanding in the aggregate principal amount of $6,620,000, and the City of Aspen, Colorado, General Obligation Housing Bonds, Series 2001B (the "Series 2001B Bonds"), in the original aggregate principal amount of $5,105,000 and no longer outstanding, for the purposes of: constructing and equipping infrastructure improvements at or near the City's Truscott Place affordable housing complex; and WHEREAS, pursuant to Section 10.6 of the Charter, the City Council of the City (the "City Council") may authorize, by ordinance, without an election, the issuance of refunding bonds for the purpose of refunding and providing for the payment of the City's outstanding bonds; WHEREAS, pursuant to the provisions of Article 56 of Title 11, Colorado Revised Statutes, as amended (the "Refunding Act"), the City is authorized to issue refunding bonds for the purpose of refunding, paying and discharging any part of the Series 2001A Bonds and Series 2001B Bonds and for one or more other purposes, including but not limited to effecting certain economies for the City, subject to the terms, conditions and limitations in the Refunding Act; and WHEREAS, Article X, Section 20 of the Colorado Constitution ("TABOR") provides that voter approval in advance is required for the creation of any district (as such term is defined in TABOR, which includes governmental entities such as the City) direct or indirect debt or 4813-1651-5845.2 2 other multiple -fiscal year financial obligation whatsoever except for refinancing district bonded debt at a lower interest rate; and WHEREAS, the Series 2001A Bonds maturing prior to December 1, 2012 are not subject to optional redemption and the Series 2001A Bonds maturing on and after December 1, 2012 are subject to redemption at the option of the City on December 1, 2011, and on any date thereafter, at a redemption price equal to the principal amount of the Series 2001A Bonds to be redeemed (with no redemption premium), plus accrued interest to the redemption date; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to refund the portion of the Series 2001A Bonds maturing on and after December 1, 2012 (the "Refunded Bonds"), presently outstanding in the aggregate principal amount of $5,760,000, and for the purpose of refunding the Refunded Bonds at a lower interest rate and to fund costs of issuance, to issue the City of Aspen, Colorado, General Obligation Housing Bonds, Series 2009 (the "Bonds") in the aggregate principal amount of up to $6,500,000; and WHEREAS, the principal amount of the Bonds is expected to exceed the principal amount of the Refunded Bonds, however, in accordance with Section 11-56-107, C.R.S., the principal amount of the Bonds, when combined with the Series 2001A Bonds outstanding principal amount which is not being refunded ($860,000) will not exceed the total original authorized principal amount of the Series 2001A Bonds; and WHEREAS, pursuant to the Ballot Question, the City Council intends to pay the principal of, premium, if any, and interest on the Bonds from: (a) moneys constituting rents or other revenues from the operation of the City's Truscott Place affordable housing complex that are on deposit in the City's Truscott Housing Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds ("Available Truscott Housing Fund Revenues"); and (b) moneys that are on deposit in the City's Affordable Housing/Daycare Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds ("Available Affordable Housing/Daycare Fund Revenues"); and WHEREAS, notwithstanding the City's intention to pay amounts due on the Bonds from the Available Truscott Housing Fund Revenues and the Available Affordable Housing/Daycare Fund Revenues, the Bonds are general obligations of the City and the full faith and credit of the City are pledged to their payment; and WHEREAS, a portion of the proceeds derived from the sale of the Bonds shall be deposited in the Escrow Account solely for payment of the Refunded Bonds and shall be applied by the Escrow Agent to refund, pay and discharge the Refunded Bonds as shall be more particularly set forth in the Escrow Agreement and the Sale Certificate; and WHEREAS, the City Council has been presented with a proposal from Stifel Nicolaus & Company, Incorporated, of Denver, Colorado, to purchase the Bonds upon specified terns and conditions, the final terms and conditions of which are to be set forth in the Bond Purchase Agreement in accordance with the Sale Certificate, and, after consideration, the City Council has determined that the negotiated sale of the Bonds, subject to the parameters set forth herein, to said company is to the best advantage of the City; and 4813-1651-5845.2 3 WHEREAS, no member of the City Council has a potential conflict of interest in connection with the authorization, issuance, sale or use of proceeds of the Bonds; and WHEREAS, pursuant to Section 4.11 of the Charter, the City is authorized to adopt emergency ordinances for the preservation of public property, health, peace, or safety; and WHEREAS, there is a need for issuing the Bonds in a timely manner in order to take advantage of existing market conditions and obtain the greatest savings to the City's inhabitants, thus freeing up City revenues which can be used for the purposes of preserving public property, health, peace and safety; and WHEREAS, this Ordinance is being adopted to authorize the issuance, sale and delivery of the Bonds, to provide for the payment of the Bonds and to provide the details of the Bonds; and WHEREAS, there has been presented to the City Council, among other things, substantially final forms of (a) the Preliminary Official Statement, (b) Paying Agent Agreement, (c) the Bond Purchase Agreement (subject to completion in accordance with the terms of the Sale Certificate), (d) the Escrow Agreement, and (e) the Continuing Disclosure Undertaking; and WHEREAS, subject to the Bonds effecting a savings as set forth in this Ordinance, the City Council desires, as provided in the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11 of the Colorado Revised Statutes, as amended, to delegate the authority to the City Manager or, in the City Manager's absence, the Finance Director, to determine certain provisions of the Bonds to be set forth in the Sale Certificate, in accordance with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Aspen, Colorado that: Section 1. Definitions. The following terms shall have the following meanings for purposes of this Ordinance: "Available Affordable Housing/Daycare Fund Revenues" means moneys that are on deposit in the City's Affordable Housing/Daycare Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds. In determining such moneys available for payment of the Bonds, the City will take into account that such amounts are also to be applied to the payment of the outstanding Series 2001A Bonds, in accordance with the 2001 Bond Ordinance. "Available Truscott Housing Fund Revenues" means moneys constituting rents or other revenues from the operation of the City's Truscott Place affordable housing complex that are on deposit in the City's Truscott Housing Fund and are available for payment of the principal of, premium, if any, and interest on the Bonds. In determining such moneys available for payment of the Bonds, the City will take into account that such amounts are also to be applied to the payment of the outstanding Series 2001A Bonds, in accordance with the 2001 Bond Ordinance. 4813-1651-5845.2 4 "Ballot Question" means the ballot question approved by City voters on May 8, 2001, defined as such in the preambles hereto. "Bond Account" means the City of Aspen, Colorado, General Obligation Housing Refunding Bonds Series 2009 Bond Account" created pursuant to the Section hereof entitled "Creation of Accounts." "Bond Counsel" means (i) as of the date of issuance of the Bonds, Kutak Rock LLP, and (ii) as of any other date, Kutak Rock LLP or such other attorneys selected by the City with nationally recognized expertise in the issuance of municipal bonds. "Bond Obligation" means, as of any date, the principal amount of Bonds then Outstanding. "Bond Purchase Agreement" means the agreement between the City and the Underwriter concerning the purchase of the Bonds by the Underwriter. "Bonds" means the City of Aspen, Colorado, General Obligation Housing Refunding Bonds, Series 2009, authorized in the Section hereof entitled "Authorization and Purpose of Bonds." "Business Day" means any day other than (a) a Saturday or Sunday or (b) a day on which banking institutions in the State are authorized or obligated by law or executive order to be closed for business. "Charter" means the Charter of the City of Aspen, adopted June 16, 1970, as amended. "City Council" means the City Council of the City, and any successor body. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder and applicable to the Bonds or the use of proceeds thereof, unless the context clearly requires otherwise. "Defeasance Securities" means bills, certificates of indebtedness, notes, bonds or similar securities which are direct non -callable obligations of the United States of America or which are fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to the extent such investments are Permitted Investments. "DTC" means The Depository Trust Company, New York, New York, and its successors in interest and assigns. "Escrow Account" means the special account designated "General Obligation Housing Refunding Bonds, Series 2009, Escrow Account" to be maintained by the Escrow Agent in accordance with the Escrow Agreement and the provisions hereof entitled "Escrow Account." "Escrow Agent" means Wells Fargo Bank, National Association, Denver, Colorado, or any successor thereto or assignee thereof approved by the City. 4813-1651-5845.2 5 "Escrow Agreement" means the Escrow Agreement between the City and the Escrow Agent relating to the administration of the Escrow Account. "Event of Default" means any one or more of the events set forth in the Section hereof entitled "Events of Default." "Interest Payment Date" means each June I and December 1, commencing June 1, 2010, or such other dates as established in the Sale Certificate. "Official Statement" means the final Official Statement relating to the Bonds approved in the Section hereof entitled "Approval of Related Documents." "Ordinance" means this Ordinance, including any amendment or supplement hereto. "Outstanding" means, as of any date, all Bonds, except the following: (a) Any Bond cancelled by the City or the Paying Agent, or otherwise on the City's behalf, at or before such date; (b) Any Bond held by or on behalf of the City; (c) Any Bond for the payment or the redemption of which moneys or Defeasance Securities sufficient to meet all of the payment requirements of the principal of, premium, if any, and interest on such Bond to the date of maturity or prior redemption thereof, shall have theretofore been deposited in trust for such purpose in accordance with the Section hereof entitled "Defeasance' ; and (d) Any lost, apparently destroyed, or wrongfully taken Bond in lieu of or in substitution for which another bond or other security shall have been executed and delivered. "Owner" means the Person or Persons in whose name or names a Bond is registered on the registration books maintained by the Paying Agent pursuant hereto. "Paying Agent" means Wells Fargo Bank, National Association, Denver, Colorado, or any successor thereto or assignee thereof approved by the City. "Permitted Investments" means any investment in which funds of the City may be invested under the laws of the State at the time of such investment. "Person" means a corporation, firm, other body corporate, partnership, association or individual and also includes an executor, administrator, trustee, receiver or other representative appointed according to law. "Preliminary Qjfcial Statement" means the Preliminary Official Statement relating to the Bonds, a form of which was submitted to the City Council on or before the date hereof. 4813-1651-5845.2 6 "Rebate Account" means the City of Aspen General Obligation Housing Refunding Bonds Series 2009 Rebate Account created in the Section hereof entitled "Federal Income Tax Covenants." "Record Date" means, with respect to each Interest Payment Date, the fifteenth day of the month preceding the month (whether or not such day is a Business Day) in which such Interest Payment Date occurs. "Refunded Bond Requirements" means the principal, redemption premium, if any, and interest due in connection with the Refunded Bonds, at maturity or upon prior redemption, as set forth in the Escrow Agreement. "Refunded Bonds" is defined in the recitals hereof. "Refunding Act" means the Public Securities Refunding Act codified in Article 56 of Title 11, Colorado Revised Statutes, as amended. "Refunding Project" means the defeasance and refunding of the Refunded Bonds and the payment of the costs of issuing the Bonds. "Sale Certificate" means the certificate executed by the Sale Delegate, under the authority delegated pursuant to this Ordinance, including, among other things, the aggregate principal amount of the Bonds, the prices at which the Bonds will be sold, interest rates and annual maturing principal for the Bonds, as well as the dates on which the Bonds may be redeemed and the redemption prices therefore. "Sale Delegate" means the City Manager or, in the City Manager's absence, the Finance Director. "State" means the State of Colorado. "Supplemental Act" means the Supplemental Public Securities Act codified in Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended. "Tax Letter of Instructions" means the Tax Letter of Instructions, dated the date on which the Bonds are originally issued and delivered to the City by Bond Counsel, as such instructions may be superseded or amended in accordance with their terms. "Underwriter" means Stifel Nicolaus & Company, Incorporated, the original purchaser of the Bonds. Section 2. Authorization and Purpose of Bonds. Pursuant to and in accordance with the Constitution of the State, the Charter, the Supplemental Act and the Refunding Act, the City hereby authorizes, and directs that there shall be issued the "City of Aspen, Colorado, General Obligation Housing Refunding Bonds, Series 2009," in the aggregate original principal amount of up to $6,500,000, for the purpose of financing the Refunding Project. Section 3. Bond Details. 4813-1651-5845.2 7 (a) Registered Form, Denominations, Original Dated Date and Numbering. The Bonds shall be issued as fully registered bonds, shall be dated as of the Dated Date and shall be registered in the names of the Persons identified in the registration books maintained by the Paying Agent pursuant hereto. The Bonds shall be issued in denominations of $5,000 in principal amount or any integral multiple thereof. The Bonds shall be consecutively numbered, beginning with the number one, preceded by the letter "R (b) Maturity Dates, Principal Amounts and Interest Rates. The Bonds shall mature on December 1 of the years and in the amounts set forth in the Sale Certificate, and shall bear interest at the rates per annum (calculated based on a 360-day year of twelve 30-day months) set forth in the Sale Certificate. (c) Accrual and Dates of Payment of Interest. Interest on the Bonds shall accrue at the rates set forth in the Sale Certificate from the later of the Dated Date or the latest Interest Payment Date (or in the case of defaulted interest, the latest date) to which interest has been paid in full and shall be payable on each Interest Payment Date. (d) Manner and Form of Payment. Principal of each Bond shall be payable to the Owner thereof upon presentation and surrender of such Bond at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof entitled "Definitions" or at such other office of the Paying Agent designated by the Paying Agent for such purpose. Interest on each Bond shall be payable by check or draft of the Paying Agent mailed on each Interest Payment Date to the Owner thereof as of the close of business on the corresponding Record Date; provided that interest payable to any Owner may be paid by any other means agreed to by such Owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required hereunder or increase the costs borne by the City hereunder. All payments of the principal of and interest on the Bonds shall be made in lawful money of the United States of America. (e) Book -Entry Registration. Notwithstanding any other provision hereof, the Bonds shall be delivered only in book -entry form registered in the name of Cede & Co., as nominee of DTC, acting as securities depository of the Bonds and principal of and interest on the Bonds shall be paid by wire transfer to DTC; provided, however, if at any time the Paying Agent determines, and notifies the City of its determination, that DTC is no longer able to act as, or is no longer satisfactorily performing its duties as, securities depository for the Bonds, the Paying Agent may, at its discretion, either (i) designate a substitute securities depository for DTC and reregister the Bonds as directed by such substitute securities depository or (ii) terminate the book -entry registration system and reregister the Bonds in the names of the beneficial owners thereof provided to it by DTC. Neither the City nor the Paying Agent shall have any liability to DTC, Cede & Co., any substitute securities depository, any Person in whose name the Bonds are reregistered at the direction of any substitute securities depository, any beneficial owner of the Bonds or any other Person for (A) any determination made by the Paying Agent pursuant to the proviso at the end of the immediately preceding sentence or (B) any action taken to implement such determination and the procedures related thereto that is taken pursuant to 4813-1651-5845.2 8 any direction of or in reliance on any information provided by DTC, Cede & Co., any substitute securities depository or any Person in whose name the Bonds are reregistered. Section 4. Redemption of Bonds Prior to Maturity. (a) Optional Redemption. The Bonds, if any, specified in the Sale Certificate shall be subject to redemption prior to maturity, at the option of the City, as a whole or in part in integral multiples of $5,000, and if in part in such order of maturities as the City shall determine and by lot within a maturity, on such dates, if any, and at such prices, as set forth in the Sale Certificate. (b) Mandatory Sinking Fund Redemption. All or any principal amount of the Bonds may be subject to mandatory sinking fund redemption by lot on December 1 of the years and in the principal amounts specified in the Sale Certificate, at a redemption price equal to the principal amount thereof (with no redemption premium), plus accrued interest to the redemption date. At its option, to be exercised on or before the forty-fifth day next preceding each sinking fund redemption date, the City may (i) deliver to the Paying Agent for cancellation any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption and (ii) receive a credit in respect of its sinking fund redemption obligation for any Bonds with the same maturity date as the Bonds subject to such sinking fund redemption which prior to such date have been redeemed (otherwise than through the operation of the sinking fund) and cancelled by the Paying Agent and not theretofore applied as a credit against any sinking fund redemption obligation. Each Bond so delivered or previously redeemed shall be credited by the Paying Agent at the principal amount thereof to the obligation of the City on such sinking fund redemption date, and the principal amount of Bonds to be redeemed by operation of such sinking fund on such date shall be accordingly reduced. (c) Redemption Procedures. Notice of any redemption of Bonds shall be given by the Paying Agent by sending a copy of such notice by first class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. Section 5. Bond Account. There is hereby created the "City of Aspen, Colorado, General Obligation Housing Refunding Bonds Series 2009 Bond Account' (the "Bond 4813-1651-5845.2 9 Account"). Moneys on deposit in the Bond Account shall be applied solely to the payment of the principal of and interest on the Bonds and for no other purpose until the Bonds, including principal and interest, are fully paid, satisfied and discharged. Section 6. Escrow Account. (a) Establishment and Maintenance of Escrow Account. There is hereby authorized and directed to be established pursuant to the terms of the Escrow Agreement a special account designated as the "General Obligation Housing Refunding Bonds, Series 2009, Escrow Account," which shall be maintained in accordance with the provisions hereof and of the Escrow Agreement. The Escrow Account shall be maintained in an amount at the time of the initial deposits therein and at all times subsequently at least sufficient, together with the known minimum yield to be derived from the initial investment and any temporary reinvestment of the deposits therein or any part thereof in Federal Securities to pay the Refunded Bond Requirements with respect to the Refunded Bonds. Except as may be otherwise provided in the Escrow Agreement, the City shall have no right or title to the moneys credited to or held in the Escrow Account, and such title shall be and is hereby transferred to the Escrow Agent in trust for the payment of the Refunded Bond Requirements for the Refunded Bonds pursuant to the Escrow Agreement. Moneys shall be withdrawn by the Escrow Agent from the Escrow Account in sufficient amounts and at such times to permit the payment without default of the Refunded Bond Requirements for the Refunded Bonds. If for any reason the amount in the Escrow Account shall at any time be insufficient for the purpose hereof, the City shall forthwith from the first moneys available therefor deposit in such account such additional moneys as shall be necessary to permit the payment in full of the Refunded Bond Requirements for the Refunded Bonds. (b) Call of Refunded Bonds. The City Council does hereby declare its intent to exercise on behalf of and in the name of the City its option to redeem all of the Refunded Bonds on the earliest date on which the Refunded Bonds can be called and redeemed. The City hereby authorizes and irrevocably instructs the Escrow Agent, in its capacity as paying agent for the Refunded Bonds, to give or cause to be given a notice of refunding, defeasance and redemption of the Refunded Bonds in accordance with the provisions of the 2001 Bond Ordinance. Section 7. Delivery of Bonds and Application of Bond Proceeds. Upon payment to the City of the purchase price of the Bonds in accordance with the Bond Purchase Agreement, the Bonds shall be delivered to or as directed by the Underwriter and the proceeds received by the City from the sale of the Bonds shall be applied as a supplemental appropriation by the City as follows: (a) to the Escrow Account, proceeds of the Series 2009 Bonds which are sufficient to pay the Refunded Bond Requirements in accordance with the Escrow Agreement; and (b) the remainder shall be separately accounted for by the City to pay the costs of issuing the Bonds. 4813-1651-5845.2 10 Section 8. Security for the Bonds. (a) General Obligations. The Bonds shall be general obligations of the City, payable from the ad valorem property taxes levied by the City pursuant to this Section, other moneys transferred to or deposited into the Bond Account pursuant to this Ordinance and other moneys made available for the payment of the for the payment of the principal of, premium, if any, and interest on the Bonds pursuant to subsection (f) of this Section. The full faith and credit of the City are pledged for the punctual payment of the principal of, premium, if any, and interest on the Bonds. (b) Transfers from Truscott Housing Fund and Affordable Housing/Daycare Fund. On or before each date on which the City is required to deposit amounts with the Paying Agent pursuant to subsection (h) of this Section, the City shall transfer Available Truscott Housing Fund Revenues or Available Housing/Daycare Fund Revenues, or any combination thereof, to the Bond Account in an amount equal to the lesser of: (i) the principal of, premium, if any, and interest on the Bonds due to be so deposited on such date, less any other moneys then on deposit in the Bond Account; or (ii) the total of all Available Truscott Housing Fund Revenues or Available Housing/Daycare Fund Revenues at the time of such transfer. (c) Levy of Ad Valorem Taxes. For the purpose of paying the principal of, premium, if any, and interest on the Bonds when due, respectively, the City Council shall, before such time provided for by law for levying other City taxes, annually determine a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property within the City, that will be sufficient, when combined with the amount of the Available Truscott Housing Fund Revenues and the Available Affordable Housing/Daycare Fund Revenues projected to be transferred to the Bond Account pursuant to subsection (b) of this Section and other moneys deposited to the Bond Account pursuant to subsections (d) and (f) of this Section, to pay the principal of, premium, if any, and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. The City Council shall, in certifying annual levies for general ad valorem taxes, take into account the maturing indebtedness of the Bonds for the ensuing year, deficiencies and defaults of prior years and any reimbursement to be made pursuant to subsections (d) or (f) of this Section and shall make ample provision for the payment thereof. The general ad valorem taxes levied pursuant to this subsection, when collected, shall be deposited into the Bond Account. (d) Covenant Upon Deficiency in Bond Account. Notwithstanding anything else contained herein, the City hereby irrevocably covenants and agrees that, in the event that amounts on deposit in the Bond Account on any date on which the City is required to deposit amounts with the Paying Agent pursuant to subsection (h) of this Section is less than the amount sufficient to pay the principal of premium, if any, and interest on the Bonds on the corresponding Interest Payment Date, the City Council shall immediately transfer previously appropriated moneys in the amount of such deficiency from the general fund or any other legally available fund of the City to the Bond Account for the payment of such amounts, and shall promptly pass and adopt supplemental or emergency ordinances or resolutions as are required to effectuate such transfer and use. Thereafter, 4813-1651-5845.2 11 such appropriations and transfers shall continue to be made in such amounts and with sufficient frequency to assure that the moneys on deposit in the Bond Account shall be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. Upon the next succeeding levy of ad valorem property taxes for the Bonds pursuant to subsection (c) of this Section, the taxes levied pursuant thereto shall include amounts sufficient to fund the reimbursement of the fund transferred from pursuant to this subsection and such reimbursement shall be made and appropriation made therefor upon the collection of such taxes. (e) Levy of Additional Ad Valorem Taxes. If the moneys on deposit in the Bond Account, including, but not limited to, moneys of the City deposited therein pursuant to subsections (b), (d) and (f) of this Section, are not sufficient to pay punctually the annual installments on the contracts or bonds of the City, and interest thereon, and to pay defaults and deficiencies, the City Council shall make such additional levies of taxes as may be necessary for such purposes, and such taxes shall be made and continue to be levied until the indebtedness is fully paid. The general ad valorem taxes levied pursuant to this subsection, when collected, shall be deposited into the Bond Account. (f) Use or Advance of Other Legally Available Moneys. Nothing herein shall be interpreted to prohibit or limit the ability of the City to use legally available funds of the City other than moneys required by this Ordinance to be transferred to or deposited into the Bond Account to pay all or any portion of the principal of, premium, if any, or interest on the Bonds. If and to the extent such other legally available moneys are used to pay the principal of, premium, if any, or interest on the Bonds, the City may, but shall not be required to, (i) reduce the amount of taxes levied for such purpose pursuant to subsection (c) of this Section or (ii) use proceeds of taxes levied pursuant to subsection (c) of this Section to reimburse the fund or account from which such other legally available moneys are withdrawn for the amount withdrawn from such fund or account to pay the principal of or interest on the Bonds. If the City selects alternative (ii) in the immediately preceding sentence, the taxes levied pursuant to subsection (c) of this Section shall include amounts sufficient to fund the reimbursement. (g) Appropriation and Budgeting of Proceeds of Moneys. All amounts transferred to or deposited into the Bond Account pursuant to this Ordinance are hereby appropriated for that purpose, and all amounts required to pay the principal of and interest on the Bonds when due, respectively, in each year shall be included in the annual budget and appropriation ordinance to be adopted and passed by the City Council for such year. (h) Deposit of Moneys to Pay Bonds with, and Payment of Bonds By, Paying Agent. No later than the Business Day immediately preceding each Interest Payment Date, the City, from moneys on deposit in the Bond Account or other moneys made legally available pursuant to subsection (f) of this Section, shall deposit moneys with the Paying Agent in an amount sufficient to pay the principal of premium, if any, and interest on the Bonds on such date. The Paying Agent shall use the moneys so deposited with it to pay the principal of, premium, if any, and interest on the Bonds when due. 4813-1651-5845.2 12 Section 9. Form of Bonds. The Bonds shall be in substantially the form set forth in Appendix A hereto, with such changes thereto, not inconsistent herewith, as may be necessary or desirable and approved by the officials of the City executing the same (whose manual or facsimile signatures thereon shall constitute conclusive evidence of such approval). All covenants, statements, representations and agreements contained in the Bonds are hereby approved and adopted as the covenants, statements, representations and agreements of the City. Although attached as an appendix for the convenience of the reader, Appendix A is an integral part of this Ordinance and is incorporated herein as if set forth in full in the body of this Ordinance. Section 10. Execution of Bonds. The Bonds shall be executed in the name and on behalf of the City with the manual or facsimile signature of the Mayor or Mayor Pro Tem of the City, shall bear a manual or facsimile of the seal of the City and shall be attested by the manual or facsimile signature of the City Clerk or Deputy or Assistant City Clerk, all of whom are hereby authorized and directed to prepare and execute the Bonds in accordance with the requirements hereof. Should any officer whose manual or facsimile signature appears on the Bonds cease to be such officer before delivery of any Bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes. When the Bonds have been duly executed, the officers of the City are authorized to, and shall, deliver the Bonds to the Paying Agent for authentication. No Bond shall be secured by or entitled to the benefit of this Ordinance, or shall be valid or obligatory for any purpose, unless the certificate of authentication of the Paying Agent has been manually executed by an authorized signatory of the Paying Agent. The executed certificate of authentication of the Paying Agent upon any Bond shall be conclusive evidence, and the only competent evidence, that such Bond has been properly authenticated and delivered hereunder. Section 11. Temporary Bonds. Until Bonds in definitive form are ready for delivery, the City may execute, and upon the request of the City, the Paying Agent shall authenticate and deliver, subject to the provisions, limitations and conditions set forth herein, one or more Bonds in temporary form, whether printed, typewritten, lithographed or otherwise produced, substantially in the forms of the definitive Bonds, with appropriate omissions, variations and insertions, and in authorized denominations. Until exchanged for Bonds in definitive form such Bonds in temporary form shall be entitled to the benefits and security of this Ordinance. Upon the presentation and surrender of any Bond in temporary form, the City shall, without unreasonable delay, prepare, execute and deliver to the Paying Agent and the Paying Agent shall authenticate and deliver, in exchange therefor, a Bond or Bonds of the same series in definitive form. Such exchange shall be made by the Paying Agent without making any charge therefor to the registered owner of such Bond in temporary form. Section 12. Registration of Bonds in Registration Books Maintained by Paying Agent. The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name any Bond shall be registered on such registration book shall be deemed to be the absolute owner thereof for all purposes, whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. 4813-1651-5845.2 13 Section 13. Transfer and Exchange of Bonds. The Bonds may be transferred or exchanged at the principal office of the Paying Agent in the city identified in the definition of Paying Agent in the Section hereof entitled "Definitions," for a like aggregate principal amount of Bonds of other authorized denominations of the same type, maturity and interest rate, upon payment by the transferee of a transfer fee, any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Upon surrender for transfer of any Bond, duly endorsed for transfer or accompanied by an assignment duly executed by the Owner or his or her attorney duly authorized in writing, the City shall execute and the Paying Agent shall authenticate and deliver in the name of the transferee a new Bond. Notwithstanding any other provision hereof, the Paying Agent shall not be required to transfer any Bond (a) which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date or (b) between the Record Date for any Interest Payment Date for such Bond and such Interest Payment Date. Section 14. Replacement of Lost, Destroyed or Stolen Bonds. If any Bond shall become lost, apparently destroyed, stolen or wrongfully taken, it may be replaced in the form and tenor of the lost, destroyed, stolen or taken Bond and the City shall execute and the Paying Agent shall authenticate and deliver a replacement Bond upon the Owner furnishing, to the satisfaction of the Paying Agent: (i) proof of ownership (which shall be shown by the registration books of the Paying Agent), (ii) proof of loss, destruction or theft, (iii) an indemnity to the City and the Paying Agent with respect to the Bond lost, destroyed or taken, and (iv) payment of the cost of preparing and executing the new Bond. Section 15. Investments. Moneys on deposit in the Bond Account and the Rebate Account and any moneys held by the Paying Agent with respect to the Bonds shall be invested in Permitted hnvestments, provided that the investment of such moneys shall be subject to any applicable restrictions set forth in the Tax Letter of Instructions and the tax compliance certificate delivered by the City in connection with the issuance of the Bonds that describes the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys. Except as otherwise provided above, earnings from the investment of moneys separately accounted for to pay principal of, premium, if any, and interest on the Bonds and moneys separately accounted for to pay costs of the Project shall be transferred to the Rebate Account in the amounts and at the times required to fund the Rebate Account in accordance with the Tax Letter of Instructions and all other earnings from the investment of moneys shall be retained in the account in which earned. Section 16. Various Findings, Determinations, Declarations and Covenants. The City Council, having been fully informed of and having considered all the pertinent facts and circumstances, hereby finds, determines, declares and covenants with the Owners of the Bonds that: (a) the interest rate on the Bonds as sold to the Underwriter, shall be a lower interest rate than the interest rate on the Refunded Bonds; therefore, the Bonds are issued to refinance City bonded debt at a lower interest rate for the purposes of TABOR and the Refunding Act; 4813-1651-5845.2 14 (b) it is in the best interest of the City and its residents that the Bonds be authorized, sold, issued and delivered at the time, in the manner and for the purposes provided in this Ordinance; (c) the issuance of the Bonds will not cause the City to exceed its debt limit under the Charter or applicable State law; (d) the issuance of the Bonds and all procedures undertaken incident thereto are in full compliance and conformity with all applicable requirements, provisions and limitations prescribed by the Constitution and laws of the State and the City, including the Charter, and all conditions and limitations of the Charter and other applicable law relating to the issuance of the Bonds have been satisfied; (e) the refunding of the Refunded Bonds with proceeds of the Bonds will, in accordance with Section 11-56-104(1), Colorado Revised Statutes, as amended, accomplish one or more of the following purposes: (i) reducing the net effective interest rate on the City's bonds (based on a comparison of the net effective interest rate on the Refunded Bonds to the net effective interest rate on the Bonds); (ii) reducing total interest payable over the life of the City's bonds, by issuing bonds of a shorter term, or at a lower net interest cost, or having a lower net effective interest rate than the Refunded Bonds; (iii) reducing the total principal and interest payable on the Refunded Bonds or the principal and interest payable thereon in any particular year or years, or (iv) effecting other economies; (f) in accordance with Section 11-56-107, C.R.S., the principal amount of the Bonds, when combined with the Series 2001A Bonds outstanding principal amount which is not being refunded ($860,000) will not exceed the total original authorized principal amount of the Series 2001A Bond; and (g) as required by Section 11-56-104.5, Colorado Revised Statutes, as amended: (i) the Underwriter, simultaneously with the submission to the City of its proposal to refund the Refunded Bonds, disclosed, in writing, to the City Council, the entire income, from all sources, which it anticipated receiving if its proposal were to be accepted, specifying all such sources and amounts, as well as disclosing all expenses which it anticipated the City would incur as a part of the refunding transaction; (ii) the City Council will require, as a condition to the issuance of the Bonds, that the Underwriter provide to the City Council (A) an update of the information described in clause (i) above and (B) a comparison of annual debt service requirements before and after the refunding, by year and amount, including funds which are required in addition to bond proceeds, showing the present value of all annual differences in debt service requirements, using as a discount factor the net effective interest rate of the Bonds, all computed from the date on which the transaction is closed, including funds provided by the City as a reduction of, or an addition to, debt service requirements and showing funds provided by the City in excess of accrued principal and interest, and earnings on the funds, over the life of, and compounded at the net effective interest rate of, the Bonds. 4813-1651-5845.2 15 Section 17. Federal Income Tax Covenants. For purposes of ensuring that the interest on the Bonds is and remains excluded from gross income for federal income tax purposes, the City hereby covenants that: (a) Prohibited Actions. The City will not use or permit the use of any proceeds of the Bonds or any other funds of the City from whatever source derived, directly or indirectly, to acquire any securities or obligations and shall not take or permit to be taken any other action or actions, which would cause any Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code, or would otherwise cause the interest on any Bond to be includible in gross income for federal income tax purposes. (b) Affirmative Actions. The City will at all times do and perform all acts permitted by law that are necessary in order to assure that interest paid by the City on the Bonds shall not be includible in gross income for federal income tax purposes under the Code or any other valid provision of law. In particular, but without limitation, the City represents, warrants and covenants to comply with the following rules unless it receives an opinion of Bond Counsel stating that such compliance is not necessary: (i) gross proceeds of the Bonds and the Project will not be used in a manner that will cause the Bonds to be considered "private activity bonds" within the meaning of the Code; (ii) the Bonds are not and will not become directly or indirectly "federally guaranteed"; and (iii) the City will timely file an Internal Revenue Service Form 8038-G with respect to the Bonds, which shall contain the information required to be filed pursuant to Section 149(e) of the Code. (c) Tax Letter of Instructions. The City will comply with the Tax Letter of Instructions delivered to it on the date of issuance of the Bonds, including but not limited by the provisions of the Tax Letter of Instructions regarding the application and investment of Bond proceeds, the use of the Project, the calculations, the deposits to the Rebate Account, the disbursements, the investments and the retention of records described in the Tax Letter of Instructions; provided that, in the event the Tax Letter of Instructions are superseded or amended by new Tax Letter of Instructions drafted by, and accompanied by an opinion of, Bond Counsel stating that the use of the new Tax Letter of Instructions will not cause the interest on the Bonds to become includible in gross income for federal income tax purposes, the City will thereafter comply with the new Tax Letter of Instructions. (d) Rebate Account. There is hereby created the "City of Aspen, Colorado, General Obligation Housing Refunding Bonds Series 2009 Rebate Account' (the "Rebate Account'). The Rebate Account shall be funded pursuant to the Section hereof entitled "Investments" in the amounts and at the times provided in the Tax Letter of Instructions from earnings from the investment of moneys on deposit in the Bond Account and the Capitalized Interest Account and moneys separately accounted for to pay costs of the Project, from earnings on moneys on deposit in the Rebate Account and other legally available moneys. (e) Designation of Bonds as Qualified Tax -Exempt Obligations. The City hereby designates the Bonds as qualified tax-exempt obligations within the meaning of 4813-1651-5845.2 16 Section 265(b)(3) of the Code. The City covenants that the aggregate face amount of all tax-exempt obligations issued by the City, together with governmental entities which derive their issuing authority from the City or are subject to substantial control by the City, shall not be more than $30,000,000 during calendar year 2009. The City recognizes that such tax-exempt obligations include notes, leases, loans and warrants, as well as bonds. The City further recognizes that any bank, thrift institution or other financial institution that owns the Bonds will rely on the City's designation of the Bonds as qualified tax-exempt obligations for the purpose of avoiding the loss of 100% of any otherwise available interest deduction attributable to such institution's tax-exempt holdings. Section 18. Defeasance. Any Bond shall not be deemed to be Outstanding hereunder if it shall have been paid and cancelled or if Defeasance Securities shall have been deposited in trust for the payment thereof (whether upon or prior to the maturity of such Bond, but if such Bond is to be paid prior to maturity, the City shall have given the Paying Agent irrevocable directions to give notice of redemption as required by this Ordinance, or such notice shall have been given in accordance with this Ordinance). hi computing the amount of the deposit described above, the City may include the maturing principal of and interest to be earned on the Defeasance Securities. If less than all the Bonds are to be defeased pursuant to this Section, the City, in its sole discretion, may select which of the Bonds shall be defeased. Section 19. Events of Default. Each of the following events constitutes an Event of Default: (a) Nonpayment of Principal or Interest. Failure to make any payment of principal of or interest on the Bonds when due; (b) Breach or Nonperformance of Duties. Breach by the City of any material covenant set forth herein or failure by the City to perform any material duty imposed on it hereunder and continuation of such breach or failure for a period of 60 days after receipt by the Mayor of written notice thereof from the Paying Agent or from the Owners of at least 10% of the aggregate amount of the Bond Obligation, provided that such 60 day period shall be extended so long as the City has commenced and continues a good faith effort to remedy such breach or failure; (c) Bankruptcy or Receivership. An order of decree by a court of competent jurisdiction declaring the City bankrupt under federal bankruptcy law or appointing a receiver of all or any material portion of the City's assets or revenues is entered with the consent or acquiescence of the City or is entered without the consent or acquiescence of the City but is not vacated, discharged or stayed within 30 days after it is entered. Section 20. Remedies for Events of Default. (a) Remedies. Upon the occurrence and continuance of any Event of Default, the Owners of not less than 25% of the aggregate amount of the Bond Obligation, including, without limitation, a trustee or trustees therefor, may proceed against the City to protect and to enforce the rights of the any Owners under this Ordinance by 4813-1651-5845.2 17 mandamus, injunction or by other suit, action or special proceedings in equity or at law, in any court of competent jurisdiction: (I) for the payment of interest on any installment of principal of any Bond that was not paid when due at the interest rate borne by such Bond, (ii) for the specific performance of any covenant contained herein, (iii) to enjoin any act that may be unlawful or in violation of any right of any Owner of any Bond, (iv) for any other proper legal or equitable remedy or (v) any combination of such remedies or as otherwise may be authorized by applicable law; provided, however, that acceleration of any amount not yet due on the Bonds according to their terms shall not be an available remedy. All such proceedings at law or in equity shall be instituted, had and maintained for the equal benefit of all Owners of Bonds then Outstanding. (b) Failure to Pursue Remedies Not a Release, Rights Cumulative. The failure of any Owner of any Outstanding Bond to proceed in accordance with subsection (a) of this Section shall not relieve the City of any liability for failure to perform or carry out its duties under this Ordinance. Each right or privilege of any such Owner (or trustee therefor) is in addition and is cumulative to any other right or privilege, and the exercise of any right or privilege by or on behalf of any Owner shall not be deemed a waiver of any other right or privilege of such Owner. Section 21. Amendment of Ordinance. (a) Amendments Permitted without Notice to or Consent of Owners. The City may, without the consent of or notice to the Owners of the Bonds, adopt one or more ordinances amending or supplementing this Ordinance (which ordinances shall thereafter become a part hereof) for any one or more or all of the following purposes: (i) to cure any ambiguity or to cure, correct or supplement any defect or inconsistent provision of this Ordinance; (ii) to subject to this Ordinance or pledge to the payment of the Bonds additional revenues, properties or collateral; (iii) to institute or terminate a book -entry registration system for the Bonds or to facilitate the designation of a substitute securities depository with respect to such a system; (iv) to maintain the then existing or to secure a higher rating of the Bonds by any nationally recognized securities rating agency; or (v) to make any other change that does not materially adversely affect the Owners of the Bonds. (b) Amendments Requiring Notice to and Consent of Owners. Except for amendments permitted by subsection (a) of this Section, this Ordinance may only be amended (i) by an ordinance of the City amending or supplementing this Ordinance (which, after the consents required therefor, shall become a part hereof) and (ii) with the written consent of the Owners of at least 66 2/3% of the aggregate amount of the Bond Obligation; provided that any amendment that makes any of the following changes with 4813-1651-5845.2 18 respect to any Bond shall not be effective without the written consent of the Owner of such Bond: (A) a change in the maturity of such Bond; (B) a reduction of the interest rate on such Bond; (C) a change in the terms of redemption of such Bond; (D) a delay in the payment of principal of, premium, if any, or interest on such Bond; (E) a reduction of the Bond Obligation the consent of the Owners of which is required for an amendment to this Ordinance; or (F) the establishment of a priority or preference for the payment of any amount due with respect to any other Bond over such Bond. (c) Procedure for Notifying and Obtaining Consent of Owners. Whenever the consent of an Owner or Owners of Bonds is required under subsection (b) of this Section, the City shall mail a notice to such Owner or Owners at their addresses as set forth in the registration books maintained by the Paying Agent and to the Underwriter, which notice shall briefly describe the proposed amendment and state that a copy of the amendment is on file in the office of the City for inspection. Any consent of any Owner of any Bond obtained with respect to an amendment shall be in writing and shall be final and not subject to withdrawal, rescission or modification for a period of 60 days after it is delivered to the City unless another time period is stated for such purpose in the notice mailed pursuant to this subsection. Section 22. Appointment and Duties of Paying Agent. The Paying Agent identified in the Section hereof entitled "Definitions" is hereby appointed as paying agent, registrar and authenticating agent for the Bonds unless and until the City removes it as such and appoints a successor Paying Agent, in which event such successor shall automatically succeed to the duties of the Paying Agent hereunder and its predecessor shall immediately turn over all its records regarding the Bonds to such successor. The Paying Agent, by accepting its duties as such, agrees to perform all duties and to take all actions assigned to it hereunder in accordance with the terms hereof. Section 23. Delegation and Parameters. (a) The City Council hereby delegates to the Sale Delegate the authority to determine and set forth in the Sale Certificate: (i) the matters set forth in subsection (b) of this Section, subject to the applicable parameters set forth in subsection (c) of this Section; and (ii) any other matters that, in the judgment of the Sale Delegate, are necessary or convenient to be set forth in the Sale Certificate and are not inconsistent with the parameters set forth in subsection (c) of this Section. (b) The Sale Certificate shall set forth the following matters and other matters permitted to be set forth therein pursuant to subsection (a) of this Section, but each such matter must fall within the applicable parameters set forth in subsection (c) of this Section: (i) the date on which the Bonds will be issued, which shall be the Dated Date; (ii) the aggregate principal amount of the Bonds; (iii) the principal amount of the Bonds maturing in each year; 4813-1651-5845.2 19 (iv) the interest payment dates; (v) the rate of interest; (vi) the prices at which the Bonds will be sold pursuant to the Bond Purchase Agreement; (vii) the Bonds which may be redeemed at the option of the City, the dates upon which such optional redemption may occur, and the prices at which such Bonds may be optionally redeemed; and (viii) the principal amounts, if any, of Bonds subject to mandatory sinking fund redemption, and the years in which such Bonds will be subject to such redemption. (c) The authority delegated to the Sale Delegate by this Section shall be subject to the following parameters: (i) in no event shall the Sale Delegate be authorized to execute the Sale Certificate and Bond Purchase Agreement after the date that is 180 days after the date of adoption of this Ordinance and in no event may the Bonds be issued after such date, absent further authorization by the City Council; (ii) the aggregate principal amount of the Bonds shall not exceed $6,500,000; (iii) the final maturity of the Bonds shall be no later than the date that is 14 years after the date of issuance of the Bonds; and (iv) the net effective interest rate on the Bonds shall not exceed the net effective interest rate of the Refunded Bonds and the debt service on the Bonds shall represent a net present value savings, as compared to the Refunded Bonds, of not less than 3.00%. Section 24. Authorization to Execute Documents. For a period of 180 days following the adoption of this Ordinance, the City Council authorizes the Sale Delegate to execute the Sale Certificate and to execute the Bond Purchase Agreement in accordance with the provisions hereof. The Mayor or City Clerk, or any other duly authorized officer of the City, shall, and they are hereby authorized and directed to, take all actions necessary or appropriate to effectuate the provisions of this Ordinance, including, but not limited to, the execution of the Escrow Agreement, the Paying Agent Agreement, and the Continuing Disclosure Undertaking, in substantially the forms presented to this meeting of the City Council, with such changes therein, if any, not inconsistent herewith, as are approved by the City (which, once executed by the appropriate City official, shall constitute conclusive evidence of approval of the City), a "Tax Compliance Certificate" or similar certificate describing the City's expectations regarding the use and investment of proceeds of the Bonds and other moneys, an Internal Revenue Service Form 8038-G with respect to the Bonds, and all other documents and certificates necessary or desirable to effectuate the issuance of the Bonds, the investment of proceeds of the Bonds and 4813-1651-5845.2 20 the other transactions contemplated hereby. The execution by the Mayor or Mayor Pro Tern of the City, the Sale Delegate or any other duly authorized officer of the City of any document authorized herein shall be conclusive proof of the approval by the City of the terms thereof. Section 25. Approval of Official Statement. The City Council hereby approves the distribution and use of the Preliminary Official Statement relating to the Bonds in connection with the offering of the Bonds and authorizes and directs the City staff to prepare a final Official Statement for use in connection with the sale of the Bonds in substantially the form thereof presented to the City Council at the meeting at which this Ordinance is adopted, with such changes therein, if any, not inconsistent herewith, as are approved by the City Attorney of the City. The Mayor or Mayor Pro Tem is hereby authorized and directed to execute the final Official Statement. Section 26. Application of Supplemental Act. The City Council specifically elects to apply all of the provisions of Title 11, Article 57, Part 2, C.R.S. (as previously defined, the "Supplemental Act'), to the Bonds. Section 27. Limitation of Actions. Pursuant to Section 11-57-212, C.R.S., no legal or equitable action brought with respect to any legislative acts or proceedings in connection with the authorization or issuance of the Bonds shall be commenced more than thirty days after the authorization of the Bonds. Section 28. Events Occurring on Days That Are Not Business Days. Except as otherwise specifically provided herein with respect to a particular payment, event or action, if any payment to be made hereunder or any event or action to occur hereunder which, but for this Section, is to be made or is to occur on a day that is not a Business Day, such payment, event or action shall instead be made or occur on the next succeeding day that is a Business Day with the same effect as if it was made or occurred on the date on which it was originally scheduled to be made or occur. Section 29. Ordinance Is Contract with Owners of Bonds and Irrepealable. After the Bonds have been issued, this Ordinance shall be and remain a contract between the City and the Owners of the Bonds and shall be and remain irrepealable until all amounts due with respect to the Bonds shall be fully paid, satisfied and discharged and all other obligations of the City with respect to the Bonds shall have been satisfied in the manner provided herein. Section 30. Headings, Table of Contents and Cover Page. The headings to the various sections and subsections to this Ordinance, and the cover page and table of contents that appear at front of this Ordinance, have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 31. Severability. It is hereby expressly declared that all provisions hereof and their application are intended to be and are severable. In order to implement such intent, if any provision hereof or the application thereof is determined by a court or administrative body to be invalid or unenforceable, in whole or in part, such determination shall not affect, impair or invalidate any other provision hereof or the application of the provision in question to any other situation; and if any provision hereof or the application thereof is determined by a court or 4813-1651-5845.2 21 administrative body to be valid or enforceable only if its application is limited, its application shall be limited as required to most fully implement its purpose. Section 32. Repeal of Inconsistent Ordinances. All ordinances, or parts thereof, that are in conflict with this Ordinance, are hereby repealed. Section 33. Ratification of Prior Actions. All actions heretofore taken (not inconsistent with the provisions of this Ordinance, the Charter, or the Ballot Question) by the City Council or by the officers and employees of the City directed toward the issuance of the Bonds for the purposes herein set forth are hereby ratified, approved and confirmed. Section 34. Headings, Table of Contents and Cover Page. The headings to the various sections and subsections to this Ordinance, and the cover page and table of contents that appear at front of this Ordinance, have been inserted solely for the convenience of the reader, are not a part of this Ordinance and shall not be used in any manner to interpret this Ordinance. Section 35. Recordation. A true copy of this Ordinance, as adopted by the City Council of the City, shall be numbered and recorded, and its adoption and publication shall be authenticated by the signatures of the Mayor and the City Clerk and by a certification of publication. Section 36. Declaration of Emergency and Effective Date. Due to fluctuations in municipal bond prices and interest rates and due to currently favorable interest rates and due to the need to preserve public property, health, peace and safety, it is hereby declared that, in the opinion of the City Council, an emergency exists, and therefore this Ordinance shall be in full force and effect upon its passage. [Remainder of Page Intentionally Left Blank] 4813-1651-5845.2 22 INTRODUCED, READ AND PASSED ON FIRST READING AS AN EMERGENCY MEASURE by the City Council of the City of Aspen at its regular meeting on _ 2009, as provided by the City's Charter and applicable law. [SEAL] Attest: By City Clerk LM Mayor READ, PASSED ON SECOND READING, FINALLY ADOPTED AND APPROVED AS AN EMERGENCY MEASURE AND ORDERED PUBLISHED WITHIN 10 DAYS OF SUCH FINAL PASSAGE by the City Council of the City of Aspen at its special meeting on 2009, as provided by the City's Charter and applicable law. [SEAL] Attest By City Clerk Published In: Date of Publication: Lo Mayor [signature page to bond ordinance] 4813-1651-5845.2 23 APPENDIX A FORM OF SERIES 2009 BOND UNITED STATES OF AMERICA STATE OF COLORADO No. R- CITY OF ASPEN, COLORADO GENERAL OBLIGATION HOUSING REFUNDING BOND SERIES 2009 INTEREST RATE: MATURITY DATE: ORIGINAL DATED CUSIP: DATE: REGISTERED OWNER: December 1, 2009 **CEDE & CO.** Tax Identification Number: 13-2555119 PRINCIPAL SUM: ** DOLLARS** The City of Aspen, Colorado (the "City"), a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado (the "State") and the home rule charter of the City (the "Charter") and political subdivision of the State, for value received, hereby promises to pay to the order of the registered owner named above, or registered assigns, the principal sum stated above on the maturity date stated above, with interest on such principal sum from the original dated date stated above at the interest rate per annum stated above (calculated based on a 360- day year of twelve 30-day months), payable on June 1 and December 1 of each year, commencing June 1, 2010. The principal of and premium, if any, on this Bond are payable to the registered owner hereof upon presentation and surrender of this Bond at the principal office of Wells Fargo Bank, National Association, as Paying Agent (the "Paying Agent'), in Denver, Colorado. Interest on this Bond is payable by check or draft of the Paying Agent mailed on the Interest Payment Date to the registered owner hereof as of the fifteenth day of the month (whether or not such day is a Business Day, as defined in the below -mentioned Ordinance) preceding the month in which such Interest Payment Date occurs; provided that, interest payable to the registered owner of this Bond may be paid by any other means agreed to by such registered owner and the Paying Agent that does not require the City to make moneys available to the Paying Agent earlier than otherwise required under the Ordinance or increase the costs borne by the City under the Ordinance; provided further, that, so long as Cede & Co. is the registered owner of this Bond, the principal of, premium, if any, and interest on this Bond shall be paid by wire transfer to Cede & Co, as nominee of The Depository Trust Company ("DTC"). 4813-1651-5845.2 Any payment of principal of or interest on this Bond that is due on a day that is not a Business Day (as defined in the below -mentioned Ordinance) shall be made on the next succeeding day that is a Business Day with the same effect as if made on the day on which it was originally scheduled to be made. All payments of principal of, premium, if any, and interest on this Bond shall be made in lawful money of the United States of America. This Bond is part of an issue of general obligation bonds of the City designated City of Aspen, Colorado, General Obligation Housing Refunding Bonds, Series 2009, issued in the principal amount of $ (the "Bonds"). The Bonds have been issued pursuant to, under the authority of, and in full conformity with, the State Constitution and the Charter, the laws of the State, including, in particular, Article 56 of Title 11 and Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended and pursuant to an ordinance (the "Ordinance") adopted by the City Council of the City. Capitalized terms used but not defined in this Bond have the meaning assigned to them in the Ordinance. THE ORDINANCE CONSTITUTES THE CONTRACT BETWEEN THE REGISTERED OWNER OF THIS BOND AND THE CITY. THIS BOND IS ONLY EVIDENCE OF SUCH CONTRACT AND, AS SUCH, IS SUBJECT IN ALL RESPECTS TO THE TERMS OF THE ORDINANCE, WHICH SUPERSEDES ANY INCONSISTENT STATEMENT IN THIS BOND. The Bonds have been issued by the City for the purpose of refunding the Refunded Bonds described in the Ordinance. The Bonds are general obligations of the City and the full faith and credit of the City are pledged for the punctual payment of the principal of and interest on the Bonds. For the purpose of paying the principal of, premium, if any, and interest on the Bonds when due, respectively, the City Council shall, before such time provided for by law for levying other City taxes, annually determine a rate of levy for general ad valorem taxes, without limitation as to rate or amount, on all of the taxable property within the City, that will be sufficient, when combined with the amount of the Available Truscott Housing Fund Revenues (as defined in the Ordinance) and the Available Affordable Housing/Daycare Fund Revenues (as defined in the Ordinance) projected to be transferred to the Bond Account (as defined in the Ordinance) and other moneys deposited to the Bond Account pursuant to the Ordinance, to pay the principal of, premium, if any, and interest on the Bonds when due, respectively, whether at maturity or upon earlier redemption. [INSERT REDEMPTION PROVISIONS] Notice of any redemption of Bonds shall be given by the Paying Agent by sending a copy of such notice by first-class, postage prepaid mail, not less than 30 days prior to the redemption date, to the Owner of each Bond being redeemed. Such notice shall specify the number or numbers of the Bonds so to be redeemed (if redemption shall be in part) and the redemption date. If any Bond shall have been duly called for redemption and if, on or before the redemption date, there shall have been deposited with the Paying Agent in accordance with this Ordinance funds sufficient to pay the redemption price of such Bond on the redemption date, then such Bond shall become due and payable at such redemption date, and from and after such date interest will cease to accrue thereon. Failure to deliver any redemption notice or any defect in any redemption notice shall not affect the validity of the proceeding for the redemption of Bonds with respect to which such failure or defect did not occur. Any Bond redeemed prior to its maturity by prior redemption or otherwise shall not be reissued and shall be cancelled. 4813-1651-5845.2 A-2 The Paying Agent shall maintain registration books in which the ownership, transfer and exchange of Bonds shall be recorded. The person in whose name this Bond shall be registered on such registration books shall be deemed to be the absolute owner hereof for all purposes, whether or not payment on any Bond shall be overdue, and neither the City nor the Paying Agent shall be affected by any notice or other information to the contrary. This Bond may be transferred or exchanged at the principal operations office of the Paying Agent in Denver, Colorado for a like aggregate principal amount of Bonds of other authorized denominations ($5,000 or any integral multiple thereof) of the same of the same type, maturity and interest rate, upon payment by the transferee of a transfer fee, any tax or governmental charge required to be paid with respect to such transfer or exchange and any cost of printing bonds in connection therewith. Notwithstanding any other provision of the Ordinance, the Paying Agent shall not be required to transfer any Bond (a) -which is scheduled to be redeemed in whole or in part between the Business Day immediately preceding the mailing of the notice of redemption and the redemption date or (b) between the Record Date for any Interest Payment Date and such Interest Payment Date. The Ordinance may be amended or supplemented from time to time with or without the consent of the registered owners of the Bonds as provided in the Ordinance. It is hereby certified that all conditions, acts and things required by the State Constitution the Charter, and the ordinances and resolutions of the City, to exist, to happen and to be performed, precedent to and in the issuance of this Bond, exist, have happened and have been performed, and that neither this Bond nor the other Bonds exceed any limitations prescribed by the Constitution, the Charter, or the ordinances or resolutions of the City. This Bond shall not be entitled to any benefit under the Ordinance, or become valid or obligatory for any purpose, until the Paying Agent shall have signed the certificate of authentication hereon. IN WITNESS WHEREOF, the City has caused this Bond to be executed with the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of the City Clerk, and has caused the seal of the City to be impressed or imprinted hereon, all as of the date set forth above. [SEAL] CITY OF ASPEN, COLORADO Attest: By City Clerk 4813-1651-5845.2 10 A-3 Mayor Dated: CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds of the issue described in the within mentioned Ordinance. WELLS FARGO BANK, NATIONAL ASSOCIATION, as Paying Agent By Authorized Signatory 4813-1651-5845.2 A-4 APPROVING LEGAL OPINION Set forth below is a true copy of the approving legal opinion of Kutak Rock LLP, delivered on the date on which the Bonds were originally issued: , 2009 City of Aspen, Colorado General Obligation Housing Refunding Bonds Series 2009 We have been engaged by City of Aspen, Colorado (the "City") to act as bond counsel for the issuance of its General Obligation Housing Refunding Bonds, Series 2009 in the aggregate principal amount of $ (the "Bonds"). The Bonds are being issued pursuant to the home rule charter of the City and Ordinance No. _ (Series of 2009) (the "Bond Ordinance"), adopted by the City Council of the City on first reading on 2009 and on second reading on 2009. We have examined the constitution and the laws of the State of Colorado (the "State"); the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations, rulings and judicial decisions relevant to the opinions set forth in paragraph 3 below; the provisions of the Securities Act of 1933, as amended, and the regulations, rulings and judicial decisions relevant to the opinion set forth in paragraph 5 below; and such certified proceedings, certificates, documents, opinions and other papers as we deem necessary to render this opinion. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. We have assumed that the legal conclusions stated in the opinion of the City Attorney delivered in connection with the issuance of Bonds are correct. Based upon the foregoing, we are of the opinion, under existing law and as of the date hereof, that: 1. The Bonds are valid and binding general obligations of the City. 2. All taxable property within the boundaries of the City is subject to ad valorem taxation without limitation as to rate or amount to pay the principal of and the interest on the Bonds. The City has covenanted in the Bond Ordinance to include in its annual tax levy the principal of and interest coming due on the Bonds to the extent the necessary funds are not provided from other sources. 3. Under the laws, regulations, rulings and judicial decisions existing on the date hereof, interest on the Bonds is excluded from gross income for federal income tax purposes and is not a specific item of tax preference for purposes of the federal alternative minimum tax. The opinions set forth in the preceding sentence assume the compliance by the City with certain requirements of the Code that must be met subsequent to the issuance of the Bonds. Failure to 4813-1651-5845.2 A-5 comply with such requirements could cause such interest to be includible in gross income for federal income tax purposes or could otherwise adversely affect such opinions, retroactive to the date of issuance of the Bonds. The City has covenanted in the Bond Ordinance and in the Tax Compliance Certificate executed and delivered in connection with the issuance of the Bonds to comply with such requirements. We express no opinion regarding other federal tax consequences arising with respect to the Bonds. We note, however, that interest on the Bonds is taken into account in determining adjusted current earnings for purposes of the alternative minimum tax imposed on corporations (as defined for federal income tax purposes). 4. Under State statutes existing on the date hereof, interest on the Bonds is exempt from State income tax. We express no opinion regarding other tax consequences arising with respect to the Bonds under the laws of the State or any other state or jurisdiction. 5. The Bonds are exempt from registration under the Securities Act of 1933, as amended. 6. Because the City has properly designated the Bonds as "a qualified tax-exempt obligation" within the meaning of Section 265 of the Code, any banks, thrift intuitions or other financing institutions owning the Bonds may be able to avoid the loss of 100% of any otherwise available interest deduction attributable to such institution's tax-exempt holdings. The rights of the holders of the Bonds and the enforceability of the Bonds and the Resolution may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and by equitable principles, whether considered at law or in equity, by the exercise by the State and its governmental bodies of the police power inherent in the sovereignty of the State and by the exercise by the United States of America of the powers delegated to it by the Constitution of the United States of America. We express no opinion herein as to any matter not specifically set forth above. In particular, but without limitation, we express no opinion herein as to the accuracy, adequacy or completeness of the Official Statement relating to the Bonds or as to the validity of any obligation of the City other than the Bonds. This opinion is given as of the date hereof and we assume no obligation to update, revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. This opinion may be relied upon solely by the addressees hereto in connection with the issuance of the Bonds. This opinion may not be relied upon for any other purpose or by any person other than the addressees. Respectfully submitted, /s/ KUTAK ROCK LLP 4813-1651-5845.2 A-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite name and address of Transferee) (Tax Identification or Social Security No.) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. TRANSFER FEE MAY BE REQUIRED 4813-1651-5845.2 A-7 CITY OF ASPEN General Obligation Housing Refunding Bonds, Series 2009 BOND PURCHASE AGREEMENT , 2009 City Council City of Aspen Ladies and Gentlemen: 1. Stifel, Nicolaus & Company, Inc. (the "Underwriter") hereby offers to enter into this Bond Purchase Agreement (this "Agreement") with the City of Aspen, Colorado (the "City"). This offer is made subject to the City's acceptance, which shall be evidenced by the City's execution of this Agreement and delivery of it to the Underwriter on the Date of this Agreement. Upon the City's acceptance of this offer, this Agreement shall be binding upon the Underwriter and the City, subject to the further provisions hereof. Capitalized terms not otherwise defined herein shall have the meanings set forth for such terms in paragraph 10 below. 2. Subject to the further provisions hereof, the Underwriter agrees to purchase from the City, and the City agrees to sell and deliver to the Underwriter, all of the General Obligation Housing Refunding Bonds, Series 2009 (the "Bonds") at the Purchase Price. The Bonds will mature, bear interest and be sold at the prices indicated in Exhibit A hereto. The Purchase Price is to be used for the purposes set forth in the ordinance of the City adopted on 2009, authorizing the issuance of the Bonds (the "Bond Ordinance"). 3. The City shall deliver the duly issued and executed Bonds to Wells Fargo Bank, National Association, in its capacity as Paying Agent for the Bonds (the "Paying Agent"), to hold for The Depository Trust Company ("DTC") pursuant to the FAST balance sheet agreement in effect between the Paying Agent and DTC, prior to, and the Underwriter shall deliver the Purchase Price to the City in immediately available funds by 9:00 a.m., Denver Time, on the Closing Date, or at such other place and time as shall be mutually agreed upon by the City and the Underwriter. (Such deliveries are referred tows the "Closing.") The documents to support the Closing will be held and may be examined at the offices of Kutak Rock LLP in Denver, Colorado at the same time on the Closing Date. 4. The City shall cooperate with, and shall take all actions reasonably requested by, the Underwriter to facilitate the Underwriter's offer and sale of the Bonds to third parties, including but not limited to (i) the preparation of the Preliminary Official Statement relating to the Bonds dated , 2009, and any supplements or amendments thereto that the Underwriter reasonably determines are necessary (the "Preliminary Official Statement") and the final Official Statement relating to the Bonds to be dated prior to the date of the Closing and any supplements or amendments thereto that the Underwriter reasonably determines are necessary (the "Official Statement") and (ii) all actions necessary under the securities or "blue sky" laws of 4841-0737-5109.1 the jurisdictions specified by the Underwriter to enable it to offer and sell the Bonds in or to residents of such jurisdictions. In addition, in order to facilitate compliance with Rule 15c2-12 of the United Stated Securities and Exchange Commission under the Securities Exchange Act of 1934 ("Rule 15c2-12"), the City (A) has certified, and hereby affirms its certification, that the Preliminary Official Statement is "final" as of its date as required by Rule 15c2-12, (B) hereby authorizes and ratifies the distribution of the Preliminary Official Statement to any potential customers (as defined in Rule 15c2-12) until the Official Statement is available, (C) hereby agrees to make available to the Underwriter, within seven business days of the Date of this Agreement, as many copies of the Official Statement as the Underwriter deems sufficient for purposes of complying with Rule 15c2-12, (D) hereby authorizes and approves the distribution and use of the Official Statement in connection with the offering and sale of the Bonds and (E) hereby agrees to enter into a written agreement or contract, constituting an undertaking to provide ongoing disclosure about the City, for the benefit of the owners of the Bonds on or before the date of delivery of the Bonds as required by Rule 15c2-12, which Undertaking shall be in the form attached as Appendix A to the Preliminary Official Statement, with such changes as may be agreed to in writing by the Underwriter. 5. The Underwriter's obligation to purchase the Bonds shall be subject to the Underwriter's receipt of each of the following in form and substance satisfactory to the Underwriter: (a) A certified copy of the Bond Ordinance; (b) An executed copy of the Paying Agent and Registrar Agreement dated as of the Closing Date (the "Paying Agent Agreement") between the City and the Paying Agent; (c) an executed copy of the Refunding Escrow Agreement between the Paying Agent, in its capacity as escrow agent, and the City; (d) the verification report of funds to be deposited into the Escrow Account; with respect to the sufficieny of (e) An executed copy of the Blanket Issuer Letter of Representations (the "Letter of Representations") between the City and The Depository Trust Company; (f) An executed copy of the Continuing Disclosure Undertaking dated the Closing Date (the "Continuing Disclosure Undertaking") entered into by the City; (g) The unqualified approving opinion of Kutak Rock LLP, Bond Counsel; (h) A letter from Kutak Rock LLP as to their participation in the preparation of, and as to the material set forth in, the Official Statement; (i) The opinion of John Worcester, Esq., as City Attorney, in substantially the form acceptable to the Underwriter; 4841-0737-5109.1 2 (j) Certificates of the City as to (i) the facts necessary to support the opinions referred to in clauses (e) and (f) above, (ii) the enforceability of this Agreement, the Paying Agent Agreement, the Letter of Representations and the Continuing Disclosure Undertaking, (iii) the accuracy of the Preliminary Official Statement and the Official Statement, (iv) litigation affecting the City and (v) such other matters as are customary with respect to the issuance of obligations such as the Bonds or as the Underwriter may reasonably request; (k) Evidence that the Bonds have been rated "[Aa2]" by Moody's; and (1) Such additional agreements, documents, instruments, opinions and certificates as the Underwriter may reasonably request. 6. The Underwriter's obligation to purchase the Bonds also shall be subject to the Underwriter's right, in its absolute discretion, to elect to terminate this Agreement by written notice to the City if at any time after the Date of this Agreement and prior to the Closing: (a) Any event shall have occurred, or information becomes known, which, in the Underwriter's opinion, makes untrue, in any material respect, any statement or information contained in the Official Statement or the Preliminary Official Statement (except as modified by the Official Statement), or has the effect that the Official Statement or the Preliminary Official Statement (except as modified by the Official Statement) contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading; (b) Additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; (c) The United States shall have become engaged in hostilities, whether or not a war shall have been declared, or there shall have occurred an escalation of any hostilities involving the armed forces of any country, or any other national emergency or other national calamity relating to the effective operation of government or of the financial community shall have occurred, which, in the Underwriter's opinion, materially adversely affects the market price of the Bonds; provided that the hostilities referred to in this paragraph shall not be interpreted to include the current state of the operations of the armed forces of the United States and its allies in Afghanistan and Iraq existing as of the date of this Agreement; (d) There shall have occurred a general suspension or material limitation of trading on The New York Stock Exchange or any other national securities exchange as the result of an event affecting the national economy, or minimum or maximum prices for trading shall have been established on any exchange and be in force, or maximum ranges for prices for securities shall be in force on any such exchange; (e) The New York Stock Exchange, any other national securities exchange or any governmental authority shall impose, as to the Bonds or obligations of the general 4841-0737-5109.1 3 character of the Bonds, any material restrictions not now in force or being enforced, or increase materially those now in force or being enforced, with respect to the extension of credit by, or charges to the net capital requirement of, or financial responsibility requirements of, the Underwriter; (f) A general banking moratorium shall have been established by federal, New York or Colorado authorities; (g) Any rating of any obligations of the City shall have been downgraded or withdrawn by any rating service, which, in the Underwriter's opinion, materially adversely affects the market price of the Bonds; (h) Legislation is adopted by either house of the United States Congress, or favorably reported for passage to either house of the United States Congress by any committee of such house to which such legislation has been referred for consideration, legislation is actively considered for enactment by the United States Congress, legislation is recommended to the United States Congress for passage by the President of the United States, a decision by a court of the United States or the United States Tax Court is rendered, or a ruling, regulation or official statement by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency is made, with respect to federal taxation upon revenues or other income of the City or upon interest payable on obligations of the general character of the Bonds or which would change directly or indirectly the federal income tax consequences of interest on obligations of the general character of the Bonds in the hands of the owners thereof, which, in the Underwriter' opinion, materially adversely affects the market price of the Bonds; or (i) Any change shall have occurred which, in the reasonable judgment of the Underwriter, makes unreasonable or unreliable any of the financing assumptions upon which payment of debt service on the Bonds is predicated. 7. The City shall pay or cause to be paid, from the proceeds from the sale of the Bonds or other funds available to it, the expenses incident to the issuance and sale of the Bonds (the "Costs of Issuance"), including but not limited to the Underwriter's Discount and the expenses of the Underwriter, the fees and expenses of the Paying Agent, Kutak Rock LLP, and any other attorneys, accountants or other experts or consultants retained in connection with the issuance and sale of the Bonds (including but not limited to the City's independent auditors), fees and charges of any paying agent or other agent retained in connection with the payment of, or the administration of the payment of, the Bonds, fees to register the Bonds with DTC, CUSIP fees, clearing and delivery fees, the costs of printing and distributing the Preliminary Official Statement and the Official Statement, and any costs incurred in connection with the rating of the Bonds, including but not limited to rating agency fees and expenses incurred in communicating with or making presentations to rating agencies. 8. This Agreement may be executed in several counterparts, which together shall constitute one and the same instrument. Photostatic copies of executed counterparts hereof or 4841-0737-5109.1 4 copies of executed counterparts hereof transmitted by facsimile transmission shall be binding to the same effect as originally signed counterparts. 9. This Agreement shall be governed by the laws of the State of Colorado. 10. For purposes of this Agreement, the following terms have the meanings specified: Date of this Agreement: _, 2009 Aggregate Principal Amount: Original Issue Premium upon sale of Bonds Underwriter's Discount: Purchase Price (Aggregate Principal Amount of Bonds, plus Original Issue Premium, less Underwriter' Discount): Closing Date: [Signatures appear on following page] _, 2009 4841-0737-5109.1 STIFEL, NICOLAUS & COMPANY, INC. By Authorized Officer This Bond Purchase Agreement is hereby accepted by the City on the date and at the time set forth below: CITY OF ASPEN Date of Signature: 2009 Time of Signature: [Signature Page to Bond Purchase Agreement] 4841-0737-5109.1 6 ■t�J■ THE Crry or ASPEN MEMORANDUM TO: Mayor and City Council FROM: R. Barry Crook, Assistant City Manager DATE: November 13, 2009 MEETING DATE: November 16, 2009 RE: Public -Private Partnerships and Issuance of RFQs for 802 W. Main/517 Park Circle Summary: On April 28, 2009 in a worksession, Council directed that an RFQ be issues to determine the interest in private partners in collaborating with the City in developing affordable housing on two parcels — 802 W. Main and 517 Park Circle. We issued those RFQs and evaluated them and are now recommending the further development of respondents' ideas with three finalists. Previous Council Action: Most of the discussion at the April worksession was centered on Staff requests that Council, if so inclined, indicate those areas of any potential proposal that were unacceptable to them so as to not have proposers put together a package that was not going to be looked on favorably by the City Council. The staff recommendation was to try and not make too many decisions in advance of seeing what the proposals might be, and Council agreed to a limited number of constraints, including: ✓ The land, in the end, must remain in the ownership of the City ✓ No Affordable Housing mitigation credits would be part of any proposal In addition, there were some conversations about proposal outcomes that might create a more favorable review by Council, those items included: ✓ A focus on 1-bedroom units would be preferable ✓ All tenants/owners in the proposed housing would be APCHA qualified and APCHA "lottery-ed" — unless a compelling case could be made for some other selection method ✓ If the proposal includes free market units, design ideas that render the free market units "indistinguishable" from the affordable housing units in terms of size and location in the development are likely to be more in keeping with Council's desires ✓ If a non-residential use at 802 W. Main is proposed, the proposer should keep in mind previous Council discussions on affordable commercial space and potential tenant use Request of Council: Provide direction for us to issue additional RFPs to the three finalists so we can continue to discuss their partnership proposals. We would also like to hire a financial consultant at some point to advise us on those details of the proposals as we get closer to selecting a recommended partner. Discussion: When we issued the RFQs to the public, we included the following as expectations to be included in their proposals: ➢ Expectation of approximately 34-44 units ➢ Focus on 1 bedroom units ➢ Meet the APCHA guidelines ➢ Meet building code/zoning requirements ➢ Minimize or eliminate City funding beyond the land contribution We received 12 excellent proposals from a group of well qualified developers both local and non - local. Proposals ranged from 25 total units to 44 total units, some proposals included free-market components, some were for -sale development, others for -rent proposals. Proposals included debt and equity financing, some required additional financial commitment from the City beyond the land, and others did not. In general thoughtful and excellent designs were provided to us in the packages. We are grateful to everyone who participated and to the many hours of effort their proposals required of them. We established a review committee of City and County staff and sought some level of participation from the APCHA board. The committee consisted of: ✓ Barry Crook - CoA, Assistant City Manager ✓ Scott Miller - CoA, Director of Capital Asset ✓ Phylis Mattice - Pitkin County, Internal Services Director ✓ Cindy Tucker -Davis - APCHA, Operations Manager ✓ Jennifer Phelan - CoA, Deputy Director of Planning ✓ Ashley Ememann - CoA, Assistant Director of Finance ✓ Chris Everson - CoA, Affordable Housing Project. Manager ✓ Oversight: Rustin Gudim, Housing Authority Board Approximately 200 staff hours were devoted to the evaluation process. We focused our evaluation in three major areas: ➢ developer qualifications ➢ project vision ➢ financial viability 2 We worked together to select five semi-finalists. We interviewed those five semi-finalists to clarify their proposals, answer any questions we had about those proposals and to afford them one more opportunity to "make their case" regarding their proposal. The evaluation committee agrees unanimously that of the five semi-finalists teams, the three teams in that semi-finalist group that were proposing for -rent concepts had what seemed to be the most beneficial & most viable financial plans. All of them were highly qualified developers and have what appear to be conceptually reasonable proposals for building designs. All proposed the least amount of risk to the City in terms of further financial exposure. Recommendation: Evaluation committee recommends that the City craft and issue a for -rent affordable housing RFP to the following 3 teams: ➢ LIFE Foundation Team ➢ Theodore K Guy Associates Team ➢ Coburn Development We will then work to further develop their proposals — both the site plan design and the financial proposals — and work towards crafting what is more like an agreement or potential contract with each. We would bring in a financial consultant to help us with our evaluations and move towards selecting a partner for the development of these two sites. We could involve the Council later in this stage if you so desire, by having each of our finalists make a presentation to the Council, or we could make a recommendation to you of the chosen partner. Affordable Housing Development Public Private Partnerships Update On April 28, 2009, City Council directed staff to issue an RFQ for affordable housing PPPs for two city -owned properties: 802 West Main St. ➢ 517 Park Circle Council's Requirements: ➢The land, in the end, must remain in the ownership of the City ➢No Affordable Housing mitigation credits would be part of any proposal Additional Council Considerations: ➢ Prefer a focus on 1-bedroom units ➢ Tenants/owners to be APCHA qualified / lotteried ➢ Free market units should be "Indistinguishable" from affordable housing units ➢ If a non-residential use is proposed, keep in mind previous Council discussions on affordable commercial space Instructions to Developers: ➢ Expectation of approximately 34-44 units ➢ Focus on 1 bedroom units ➢ Meet the APCHA guidelines ➢ Meet building code/zoning requirements ➢ Minimize or eliminate City funding beyond the land contribution Responses Received ➢ Received 12 excellent submittals ➢ A range of well-quaiified developers ➢ Local and non -local developers ➢ For -profit and non-profit developers ➢ Unit counts ranging from 25-45 units ➢ Mix of for -sale and for -rent concepts ➢ Mix of debt and equity financing plans ➢ Some required additional funding, some did not ➢ Excellent designs provided including sustainable environmental features C Aspen -- 3 Aspen Evaluation Process ➢ Established a 7-person, multi -departmental evaluation committee ➢ Approximately 200 staff hours for evaluations ➢ Documented evaluations in three areas: developer qualifications ✓ project vision ✓ financial viability ➢ Worked together to establish 5 finalists ➢ Interviewed 5 finalists ➢ Collaborated on recommendation for next steps Evaluation Committee Barry Crook - CoA, Assistant City Manager • Scott Miller - CoA, Director of Capital Asset • Phylis Mattice - Pitkin County, Internal Services Dir. • Cindy Tucker -Davis - APCHA, Operations Mgr. • Jennifer Phelan - CoA, Deputy Dir. of Planning • Ashley Ernemann - CoA, Assistant Dir. of Finance • Chris Everson - CoA, Affordable Housing Pro]. Mgr. Consultation: Rustin Gudim, Housing Authority Board Evaluation Committee Findings ➢ The evaluation committee agrees unanimously on the recommendations ➢ Of the 5 finalists teams, the 3 teams that were proposing for -rent concepts had what seemed to be the most beneficial and viable financial plans ➢ All highly qualified developers ➢ All had what appear to be conceptually reasonable proposals for building designs Recommendation for Next Steps Evaluation committee recommends that the City craft and issue a for -rent affordable housing RFP to the following 3 teams: ➢ LIFE Foundation Team ➢ Theodore K Guy Associates Team ➢ Coburn Development TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: MEMORANDUM Mayor and City Council Scott Miller, Capital Asset Director Steve Barwick, City Manager November 12, 2009 November 16, 2009 Purchase of 104 W. Cooper, Unit #5 THE Cn of ASPEN REQUEST OF COUNCIL: Staff recommends that City Council authorize the listing of this unit for sale in "as -is" condition. PREVIOUS COUNCIL ACTION: On July 17, 2009, Council passed Ordinance #17 (Series 2009) amending the Aspen/Pitkin County Employee Housing Guidelines, permitting APCHA to determine if a deed -restricted unit located in a condominium or subdivision which also includes free-market units, has been rendered unaffordable as a result of general or special assessments. Such a unit would then be eligible to be purchased, the deed restriction removed and sold into the free market, with the proceeds being deposited into the appropriate housing development fund. On September 14, 2009, Council directed staff to purchase unit #5 at 104 W. Cooper and pay any outstanding Home Owners Association assessments. Council also directed staff to research the value of this unit and possible methods for selling this unit as a free- market unit. BACKGROUND: This unit was built as a free-market unit in 1972, then deed -restricted as an affordable housing unit in 1991. This unit is the only affordable, deed restricted unit out of six units at 104 W. Cooper. The Home Owners Association for this building decided to undergo a capital improvement project, updating the building's exterior fagade, expand the building footprint, and improve the mechanical and electrical systems. Doing so requires almost total renovation of the interior of all six units. This renovation is currently underway, requiring payment of a special assessment of $165,000 for renovation of the common elements of this building. When this project is complete, unit #5 will be in a partially gutted condition, requiring redesign and reconstruction of the entire unit. DISCUSSION: This garden level unit, across the street from Koch Park, is being increased in size from 878 to 1000 square feet. The building and the other five units are being updated to a finish level appropriate for units worth $1.5 to $2.0 million. If this unit were completed to that level of finish, it is estimated that this unit would sell for $925,000. Of course this is an estimate, depending on market conditions at the time of completion. In order to determine the value of the unit in its current condition, the following analysis was done: Page 1 of 3 The city's investment in this property is: Buyback of unit $152,730 HOA assessment $165,000 Total Investment by COA $317,730 The estimated cost of renovation of this unit is: Finish fire sprinkler system $3,500 Finish fire alarm $5,500 Drywall $7,500 Finishes (incl. trim, paint, cabinets, tile, etc.)$180,000 Interior design $5,000 Total cost of renovation $201,500 If an investor were to buy and renovate this unit, the total investment would be: Total investment $519,230 In preliminary conversations with two local lenders, it was stated that those lenders would not lend money for the purchase or renovation of this unit, so the potential buyer of this unit probably will be a cash buyer. The potential buyer of this unit will probably expect a gross return on the investment of 30 %. For this analysis this potential return will be called opportunity cost: Opportunity cost $155,769 Staff has concluded that a possible method for determining the "as -is" value of this unit is: Estimated sales price if renovated $925,000 Cost of renovation ($201,500) Opportunity cost ($155,769) Estimated value "as -is" $567,731 Page 2 of 3 If this unit sells for this estimated value, the net proceeds to the city will be as follows: Sales price $567,731 Sales costs (broker and closing) ($31,550) Total investment by COA ($317,730) Net proceeds to city $218,451 ALTERNATIVES: If Council should choose to invest in full renovation of this unit, the net proceeds to the city would be as follows: Sales price $925,000 Total investment by COA ($519,230) Sales costs ($46,250) Net proceeds to city $359,520 FINANCIALBUDGET IMPACTS: The cost of purchasing and finishing this unit, $317,731, will be paid from the 150 Housing Development Fund in calendar year 2009. The revenue from the sale of the unit, $567,731, will be received by the 150 Housing Development Fund, with the net proceeds from the sale benefitting the 150 Fund in the amount of $218,451. During the discussions with the Citizens Budget task force about Burlingame, the average cost of subsidizing a unit of affordable housing was calculated at between $342,000 and $391,000, so at a profit of $218,000 we would not be able to replace this affordable housing unit- we would be able to replace some 63% of the unit and therefore need to put more money into any effort to replace the unit being put into the free market. ENVIRONMENTAL IMPACTS: This project is a reuse of an existing structure on an existing city lot, resulting in much less impact to the environment than new construction on a vacant lot. The building's mechanical and electrical system, insulation, doors and windows are all being replaced with components that meet or exceed current building code requirements, resulting in greatly reduced consumption of greenhouse gases. Page 3 of 3 Comparison for Sagewood (910 W. Hallam #11) ADDRESS OF PROPERTY STATUS ASKING PRICE SOLD PRICE $$/S.F. BEDROOMS BATHS SQ. FEET YEAR BUILT REMODELED 910 W. Hallam #11 TBD TBD n/a n/a 2 1 765 n/a 1235 E. Cooper#3 For Sale $625,000 n/a $1,034 2 1 604 1969 n/a 1235 E. Cooper #1 For Sale $650,000 n/a $1,062 2 1 612 1969 n/a 1235 E. Cooper #2 For Sale $650,000 n/a $1,033 2 1 629 1969 n/a 835 E. Hyman #D Under Contract $735,000 n/a $924 2 1 795 1969 n/a 501 W. Main St. C101 Closed $675,000 $625,000 $978 1 1 639 2006 n/a 501 W. Main St. A203 Closed $699,000 $675,000 $1,102 1 1 612 2004 n/a COMPARISON FOR 104 W. COOPER #5 104 W. Cooper#5 TBD TBD n/a n/a 3 1 999 n/a 914 Waters #19 For Sale $949,000 n/a $1,218 2 1 1/2 779 1998 n/a 731 E. Durant#13 For Sale $995,000 n/a $1.193 2 2 834 1968 1997 900 E. Durant #D-111 For Sale $996,225 n/a $925 2 2 1.077 1970 n/a 940 E. Waters #206 For Sale $873,000 n/a $1,229 2 2 710 1970 2006 940 E. Waters #301 For Sale $895,000 n/a $1,282 2 2 698 1970 n/a 901 E. Hyman #2 Closed $995,000 $895,000 $964 2 2 928 1966 2006 926 E. Waters #101 Closed $995.000 $895,000 $743 2 2 1,190 1969 n/a 800 S. Mill St. #205 Closed $1.395,000 $850,000 $1,112 2 2 764 1965 2007 611 S. West End #5 Closed $1.150.000 $775,000 $1,398 1 1 554 1968 2007 Property Type: RES wll mprovments Address, 1735 F Conpar Avenue #3 Aepon, CO $1611 Status; Active Asking Price: $625,000 List Number. 112221 List Price PeUSF: 1,034,77 a rt i Type: Condo Lv Ht SgFt: 604 "- Area: 01 EA -East Aspen LvHt3gFt(Abv Grnd): �ii i Major Area: AspenOtt LvHtSgFt(Blw Grnd): ROU1j"i'-� SUb/Loc: Aspen Edge Unfinished SgFt: 0 County: Pitkin Total SgFt 604 ' , . ` fORrp4' a' Bedrooms; 2 PUDk SgFt: AiR Baths: 1 Garage SgFt: ;it it Half Baths: 0 Lot SgFt: ;ill � '' I�FCULot Size: Unknown Nbr of Acres; 0 Acreage: Unknown Year Built: 1969 t aLd;�i�'+�` - I r'•d; , Garage: None Year Remodeled: „+ +Furnished: Yes Zoning: %�*It-ttkr}� Levels: 1 Lead Certified: Payment Per: Quarter Short Termable: No HERS Energy Rating: HOA Dues: 1,339.15 Account#: R010454 Taxes: 1,232.04 Earnest$/%: 5% Parcel M 273718141003 Tax Year: 2008 Earnest $ Payable To: Land Title Guarantee Company Under Construction: No Transfer Tax: Yes Special Assessments: 1,519.00 Pre -Fabricated Home: No Short Sale: No Short Termable: No 9 nevm ummg rxoom nmcnen run datn Halt Bath Family Room Den/Study/Library Laundry/Utility Room Public Remarks: Great value for a 2 bedroom unit in town. Convenient location, just a short walk to the shops and restaurants. Light and bright, floor unit opens up to a beautiful lawn and views ground of Aspen Mtn. Small complex with only 8 units on an oversize lot. 2 assigned parking spaces and lots of storage spare. NO PETS. Directions: East on Cooper Ave, across bridge to Aspen Edge on the right. Addendum: Special Assessment is for new boiler. Legal: Aspen Edge, Unit 3 Agency: Excl Right to Sell Gas: Natural Gas Roof: Membrane ConstlExterior: Concrete Block; HOA Amenities: Substructure: Slab Frame; Stucco HOA Fees Includes: Cable; Grounds Maintenance; Insurance; Sewer; Snow Sign: No Cooling: None Removal: Trash Removal; Unit Electric; Unit Heal; Water Showing Instructions: Occupied; Condition: Good Heating; Baseboard; Gas; Hot Water Overnight Notice Carport: Inclusions: Microwave; Range; Refrigerator; Window Coverings Sanitation: Sewer Documents on File: CC & R's: Location Amenities: Trees; Views Style: Financials; Inventory Laundry Facility: Common Terms Offered: Cash: New Loan Disclosures: No Dogs Mineral Rights: No Unit Faces: West Electric: Yes Parking Area: 2 Car Water Rights: No Exclusions: Possession: DOD Water: City Extras: Landscaping; Storage Shed Member Association: Aspen Association Fireplace: Wood Sold Price PerrSF: DOM: 97 ADOM: 97 Listing Date: 0711412009 Owner Di Russo Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 625,000 Fallthrough Date: Flat Fee: No LA: Galen Bright Satterfield & Bright 970-920-1833 970-379-3877 galen@aspenreal.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES wllmprovments Address. 1255 E Cwye, Avenue Lint I Aspen, CO 81611 Status: Active Asking Price: $6W,000 List Number: 111129 List Price Per/SF: 1,D62.09 k r r w M ��' In e� •, p Type: Condo Lv Ht SgFt: 612 < Area: DIEA-East Aspen LvHtSgFt(Abv Gmd): 612 Major Area: Aspen LvHtSgFt (Blw Gmd): SublLoc: Aspen Edge Unfinished SgFt: 0 a k�ij��d! tit I. I,o-t County: Peskin Total SgFt 612 r9 y Lii',� !r Bedrooms: 2 PUDk SgFt: Nc Baths: 1 Garage SgFt: Halt Baths: 0 Lot SgFt: Lot Size: Refer to Acreage Nbr of Acres: Acreage: Refer to Lot Sae Year Built: 1969 Garage: None Year Remodeled: Furnished: No Zoning: PUD Levels: 1 Short Terrnable: Account #: R010452 Parcel#: 273718141001 Under Construction: Pre -Fabricated Home: No Load Certified; HERS Energy Rating: Taxes: Tax Year: Transfer Tax: Short Sale; Payment Per: Quarter HOA Dues: 1,356.32 1,070.24 Earnest$//: S20,000.00 2008 Earnest $ Payable To: Land Title Yes Special Assessments: 1.539.29 No Short Tamable: Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room DerdStudylLibrary Laundry/Utility Room Public Remarks: Here is the place for your Buyer because it is only 5 minutes (on foot!) to town, has awood-burning fireplace, faces west for sun, has a great, manicured lawn, assigned parking, laundry room, storage for the bikes. Two bedrooms, convenience and set back from the road for quiet and privacy. Pets are OK for owners. No pets for renters. Directions: East on Cooper Ave, across the bridge. Complex is on the right. Addendum: CALL MARY ANNE MEYER SET UP A SHOWING FOR YOUR BUYER. 970-948-3236 Special Assessment: New Boiler Legal: Aspen Edge, Unit 1 Agency: Excl Right to Sell Gas: Natural Gas Roof: Membrane Const/Exterior: Concrete HOA Amenities: Substructure: Block: Frame HOA Fees Includes: Cable; Grounds Maintenance; Sewer; Snow Removal; Trash Sign: Cooling: Removal; Unit Electric; Unit Heat; Water Showing instructions: 24 Hour Condition: Good Healing: Baseboard; Gas Notice; Occupied Carport: Inclusions: Dishwasher; Range; Refrigerator Sanitation: Sewer Documents on File: CC & Rs Location Amenities: Trees Style: Disclosures: Laundry Facility: Common Terms Offered: Cash Electric: Yes Mineral Rights: Unit Faces: West Exclusions: Parking Area: Assigned Water Rights: No i Extras: Landscaping Possession: DOD Water: City Fireplace: Wood Member Association: Aspen Association Sold Price PerISF: D DOM: 184 ADOM: 164 Listing Date: 05IU812009 Owner On File Under Contract Date TB%:3 BB%: 3 Variable Comm: No Original List Price: 650.000 Fallthrough Date: Flat Fee: No LA: Mary Anne Meyer Joshua & CO of Aspen, Inc. 970-925-8810 970-948-3236 maryanne(glpshuaco.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2D09 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES wllmprovments Ad&66.. 1205 E C.,vyn, Avw,ue N2 Aspuu, CO 81611 Status: Active Asking Price: $650,000 List Number: 112217 List Price PerfSF: 1,033.39 Type: Condo Lv Ht SgFt: 629 Iy 1jf G Sti Area: 01FA-East Aspen Major Area: Aspen LvHtSgFt(Abv Grnd): LvHtSgFt(Biw Grnd): Sub/Loc: Aspen Edge Unfinished SgFt: 0 County Pitkin Total SgFt: 629 Bedrooms: 2 PVDk SgFt: Baths: i Garage Sq Ft: Half Baths: 0 Lot SgFt: Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1969 J� rr Garage: None Year Remodeled: Furnished: Yes Zoning: I Levels: 1 Leed Certified: Payment Per: Quarter Short Termable: No HERS Energy Rating: HOA Dues: 1,394.13 Account 9: R010453 Taxes: 1,283 Earnest$/%: 5% Parcel p: 273718141002 Tax Year: 2008 Earnest $ Payable To: Land Title Guarantee Company Under Construction: No Transfer Tax: Yes Special Assessments: 1.582.10 Pre -Fabricated Home: No Short Sale: No Short Termable: No Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Dan/Study/Library I anndm/Utlriro a,...,., Public Remarks: Great value for a 2 bedroom unit in town. Convenient location, just a short walk to the shops and restaurants. Remodeled, ground floor unit opens up to a beautiful lawn and views of Aspen Mtn. Small complex with only 8 units on an Oversize lot. 2 assigned parking spaces and lots of storage space. NO PETS. Directions: East on Cooper Ave, across bridge to Aspen Edge on the right. Addendum: Special Assessment is for new boiler. Legal: Aspen Edge, Unit 2 Agency: EXGl Right to Sell Gas: Natural Gas Roof: Membrane ConstfExterior: Concrete Block: HOA Amenities: Substructure: Slab Frame; Stucco HOA Fees Includes: Cable; Grounds Maintenance; Insurance; Sewer, Snow Sign: No Cooling: None Removal; Trash Removal; Unit Electric; Unit Heal; Water Showing Instructions: Short Condition: Good Heating: Baseboard; Gas; Hot Water Notice: Vacant Carport: Inclusions: Dishwasher; Microwave; Range; Refrigerator; Window Coverings Sanitation: Sewer Documents on File: CC & R's; Location Amenities: Trees; Views Style: Financials; Inventory Laundry Facility: Common Terms Offered: Cash; New Disclosures: No Dogs Mineral Rights: No Loan Electric: Yes Parking Area: 2 Car Unit Faces: West Exclusions: Possession: DOD Water Rights: No Extras: Landscaping; Storage Shed Member Association: Aspen Association Water: City Fireplace: Wood Sold Price Per/SF: DOM: 98 ADOM: 98 Listing Date: 07113/2009 Owner Dacosta Under Contract Date TB%: 3 B13% : 3 Variable Comm: No Original List Price: 650,000 Fallmrough Date: Flat Fee: No LA: Galen Bright Satterfield & Bright 970.920-1833 970-379-3877 galen@aspenreatcom Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES wllmprovments Addroee: 936 G Nyman Avonuo D Aspen, CO 81611 Status: Pending Asking Price: 3735,000 ------------------------------- List Number: 111443 List Price Per/SF: 924.53 Type: Condo Lv Hit SgFt: 795 -'� Area; 01CC-Central Core LvHtSgFt (Abv Gmd): 795 Major Area: Aspen LvHtSgFt (Blw Grnd): Sub/Loc: Hy -West Unfinished SgFt: D County: Pitkin Total SgFt: 795 Bedrooms: 2 PUDk SgFt: - Baths: 1 Garage SgFt: Half Baths: 0 Lot SgFt: 0 Lot Size; Unknown N6r of Acres: 0 Acreage: Refer to Lot Size Year Built: 1969 °p Garage: None Year Remodeled: _ °j�'±•} rt'��I Furnished: Yes Zoning: �t-)4 0 ill? Levels: 1 Load Certified; Payment Per: Quarter Short Tamable; Yes HERS Energy Rating: HOA Dues: 1085.00 Account #: R000514 Taxes: 1.774.64 Earnest $/%: 5% of Sales Price Parcel #: 273718228021 Tax Year: 2008 Earnest $ Payable To: Title Co. of the Rockies Under Construction: No Transfer Tax: Yes Special Assessments: TBD Pre -Fabricated Home: No Short Sale: No Short Termable: Yes aerirnnma Llvino Roam Dinina Room Kitchen Full Bath Half Bath Family Room DerVStudy/Library Laundry/Utllity Room Public Remarks: Excellent opportunity to own in downtown Aspen! Just four blocks from the gondola, this two bedroom, one bath condo is in a quiet, small complex on a lovely residential street. Park your car in your assigned parking place and walk to all the restaurants and shops Aspen has to offer. Directions: One block east of Original on the corner of Hyman and S. West End Street. Addendum: See HOA Budget and Complex Rules in Documents. Legal: Unit D. Hy -West Agency: Excl Right to Sell Gas: Roof: Const/Exterior: Brick; Stucco HOA Amenities: Pets Allowed/Owner; Pets Allowed/Renter Substructure: Garden Level Cooling: None HOA Fees Includes: Cable; Grounds Maintenance; Insurance; Management; Sewer, Sign: Condition: Average Snow Removal; Trash Removal Showing Instructions: Call Carport: Heating: Baseboard Listing Office Documents on File: Financials Inclusions: Ceiling Fan; Dishwasher; Microwave; Range; Refrigerator; Window Sanitation: Sewer Disclosures: Coverings Style: Electric: Yes Location Amenities: Corner Lot; Trees Terms Offered: Cash; New Loan Exclusions: Laundry Facility: Common Unit Faces: East; North Extras: Cable TV; Landscaping; Mineral Rights: Water Rights: Palb/Deck Parking Area: 1 Car; Assigned Water: City Fireplace: Possession: DOD Member Association: Aspen Association Contingent: Other Proposed Close Date: 11ID912009 Sold Price Per/SF: 0 DOM: 139 ADOM: 139 Listing Date: 06/02I2009 Owner Maze Under Contract Date 10/10/2009 TB%; 2.5 BB%: 2.5 Variable Comm: No Original List Price: 735,000 Falithrough Date: Flat Fee: No LA:Jenn'der Engel Joshua 8 CO of Aspen. Inc. 970-925-8810 970-618-7319 jenajenengel.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/lmprovments Addraec: 601 W Moin Slmot C101 Aopon, CO 81611 Status: Closed Asking Price: $675,000 I f I List Number: 111430 ' List Price Per/SF: 1.056.34 I(�1lii Type: Condo Lv Ht SgFtl 639 Area: 01OC-Central Core LvHtSgFt (A by Grnd): 639 Major Area: Aspen LvHtSgFt (Blw Grnd): 0 Sub/Loc: Christiana Aspen Unfinished SgFt: 0 County: Pitkin Total SgFb 639 Bedrooms: 1 PBDk SgFt: Baths: 1 Garage SgFt: Half Baths: 0 Lot SgFt: 0 Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 2006 Garage: None Year Remodeled: Furnished: Yes Zonina: QC%20019 Fit, Levels: 1 Lead Certified: Payment Per: Month Short Tameable: Yes HERS Energy Rating: HOA Dues: 471.00 Account M: r020429 Taxes: 0 Earnest $/%: S50,000.00 Parcel 8: 273512449022 Tax Year: 2008 Earnest $ Payable To: Stewart Title Under Construction: No Transfer Tax: Yes Special Assessments: no Pre -Fabricated Home: Other ShortSale: No Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library LaundrylUtility Room Public Remarks: One of a kind large Floor plan! Beautiful unit with many builder upgrades AND fully furnished! AC -POOL -Jacuzzi - HUGE STORAGE SPACE - HARDWOOD FLOORS -GRANITE -ALDER DOORS/CABINETSISTEAM SHOWER/ Priced to Sell now!Motivated Seller!! St D56 a square foot- Pets Allowed EASY TO SHOW!!!Pool and Jacuzzi Legal: UHKis I iANA ASPEN GUNUO G101 DESC: PHASE II Agency: Excl Right to Sell Gas: Natural Gas Roof: Metal; Shake Const/Exterior. From HOA Amenities: Locker Ski Storage; Pets Allowed/Owner Substructure: Cooling: Central A/C HOA Fees Includes: Contingency Fund; Grounds Maintenance; Insurance; Sign: Yes Condition: Excellent; New Sewer; Snow Removal; Trash Removal; Unit Heat; Water Showing Instructions: Call Carport: Heating: Forced Air; Gas Listing Office Documents on File: Inclusions: Dishwasher; Freezer; Microwave; Range: Refrigerator; Washer; Sanitation: Sewer Disclosures: Deed Restrict Window Coverings Style: Contemporary Electric: Yes Location Amenities: Trees; Views Terms Offered: Cash Exclusions: Laundry Facility: Room Unit Faces: Extras: Cable TV; Handicap Access; Hot Tub/Spa; Mineral Rights: Water Rights: Patio/Deck; Pool; Storage Shed Parking Area: Common Water: City Fireplace: Gas Possession: DOD Member Association: Aspen Association Sold Price: 625,000 1 Sold Date: 09/23/2009 How Sold: Conventional Fixed Sold Price Per/SF: 978.09 Proposed Close Date: 09f25/2009 Seller Concessions: No iiu r Chuchman 2.5 is[ List Price: 675,000 Kdsti Gilliam Gilliam Properties of Aspen Tim Clark Frias Properties of Aspen AUVM: 11U BB%: 2.5 Fallthrough Date: 970-544-1000 970-925-4000 Listing Date: 06/052009 Under Contract Date 08242009 Variable Comm: No Flat Fee: No kristi@rof.net 970-379-2250 tim@friasproperties.win Information is deemed to be reliable, but Is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES wllmprovments Address! 501 W Main Street A203 Acpon, CO 21611 Status: Closed Asking Price: $699,000 s a I'ry, Pry - List Number: 111456 List Price Per1SF: 1,142.16 Type; Condo Lv Ht SgFt: 612 Area: 01 CC -Central Core LvHtSgPt (Abv Grnd): Major Area: Aspen LvHtSgFt(Blw Gmd): SuWLoc: Christiana Aspen Unfinished SgFt: D tit r;.k �( ) = County: Pitkin Total SgFt: 612 _ !r Y' Bedrooms: 1 PtfDk SgFb Baths: 1 Garage SgFt: s Half Baths: 0 Lot SgFt: D Lot Size: Unknown Nbr of Acres: 0 Yt Acreage: Unknown Year Built: 2004 Garage: None Year Remodeled: Furnished: Yes Zoning! 1 •so Levels: Lead Certified: Payment Per: Month Short Turnable: - HERS Energy Rating: HOA Dues: S531.53 Account#: R019195 Taxes: 1,788.28 Earnest$1%: 5% Parcel #: 273512449011 Tax Year: 20D8 Earnest $ Payable To: Land Title Under Construction: Transfer Tax: Yes Special Assessments: Pre -Fabricated Home: No Short Sale: No Short Tamable; Bedrooms Living Room Dlning Room Kitchen Full Bath Half Bath Family Room DerVStudylLibrary Laundry/Utility Room Public Remarks: Beautiful top floor condominium in one of Aspen's prettiest complexes. Vaulted callings, granite countertops, hardwood floors, steam shower, 'acuzzi tub and A/C. Surprisingly quiet inside. Air conditioned storage space under bldg. Lovely landscaped grounds with waterfall and poollacuzzi area. Directions: South Corner of Main and 4th. 2nd floor. Addendum: See "Documents" for Lodge Ordinance describing rental restriction, Rules and Regs, CC&Rs, Income and Expense, Floorplan and Site Plan. Legal: Unit A-203 Christiana Condominiums Phase I Agency: Excl Right to Sell Gas: Natural Gas Roof: Metal; Shake Const/Exterlor: Frame HOA Amenities: Looker Ski Storage; Pets Allowed/Owner Substructure: Unfinished Basement Cooling: Central A/C HOA Fees Includes: Contingency Fund; Grounds Maintenance; Sign: Yes Condition: Excellent Insurance; Snow Removal; Unit Heat: Water Showing Instructions: 24 Hour Carport: None Heating: Forced Air; Gas Notice; Occupied Documents on File: CC & R's; House Plans Inclusions: Dishwasher; Dryer; Freezer: Microwave; Refrigerator; Washer; Sanitation: Sewer Disclosures: Other Window Coverings Style: Electric: Yes Location Amenities: Views Terms Offered: Cash; New Loan Exclusions: Laundry Facility: Area Unit Faces: East; North Extras: Cable TV; Hot Tub/Spa; Landscaping; Mineral Rights: No Water Rights: No Patio/Deck Pool Parking Area: Common Water: City Fireplace: Gas Possession: Negotiable Member Association: Aspen Association Sold Price: 675,000 Sold Date: 10113/2009 How Sold: Cash Sold Price PerISF: 1.102.94 Proposed Close Date: 10/13/2009 Seller Concessions: No DOM; 128 ADOM: 128 Listing Date: 06/07/2009 Owner VANDERSCHUIT FAMILY TRUST Under Contract Date 09116/2009 TB%:3 BB%:3 Variable Comm: No Original List Price: 795.000 Fallthrough Date: Flat Fee: No LA: Tara Young BJ Adams and Company -Aspen 970-922-2111 970-309-7131 tara@bjac.net SA: Carol Hood Masan & Morse Real Estate -Aspen 970-379-0676 970-379-D676 carol@masonmarse.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/lmprovmenis Address! 014 Waters Avaaue 010 Aspen, 00 81611 Status: Active Asking Price: $949,000 6x? WTr. List Number: 112665 List Price Per/SF: 1.218.23 , ,- - Type: Condo Lv Ht SgFt: 779 �7N¢r1 �,, Jiv",+• • �." Area: OiCC-Central Core LvHtSgFt(Abv Grnd): 779 Major Area: Aspen LvHISgFt (Blw Grind): 'a Sub/Loc: 914 Waters Unfinished SgFt: 0 xs+, +, County: Pekin Total SgFt: 779 � +"F, Bedrooms: 2 Pt/Dk SgFI: Baths: 1 Garage SgFt: - Half Baths: 1 Lot SgFt: Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1998 if uIol trr r' tXR,- ! Garage: None Year Remodeled: Furnished: Yes Zoning: C t 1LL �PLtyN(tjr:LiAspeili : t; 1 •• YlL$ Levels: 2 Leed Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: 1038. Account#: R017329 Taxes: 1,705.12 Earnest$!%: $40,000, Parcel #: 273718263019 Tax Year: 2008 Earnest $ Payable To; title company Under Construction: No Transfer Tax: Yes Special Assessments: none Pre -Fabricated Home: No Short Sale: No Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room DenlStudvlLibram LaundrvIUMIty Rnnm Public Remarks: Beautifully decorated and top of the line finishes. Two and a half blocks to the gondola! Remodeled in 2007 and 2008. Wood burning fireplace. Includes a deeded off-street parking space. Locker and ski storage. Quiet street and well -maintained building. Directions: Cooper Avenue to West End Street, left on Waters Avenue Addendum: Legal: D14 Waters Condo, Unit 19 Agency: Gas: Roof: Compositions Const/Exterior: Frame HOA Amenities: Shingle Cooling: None HOA Fees Includes: Substructure: Condition: Excellent Heating: Baseboard; Electric Sign: Carport: Inclusions: Ceiling Fan; Dishwasher; Microwave; Range; Refrigerator; Window Showing Instructions: Documents on File: Coverings Sanitation: Sewer Disclosures: No Dogs Location Amenities: Style: Two Story Electric: Yes Laundry Facility: Terms Offered: Cash Exclusions: Mineral Rights: Unit Faces: Extras: Cable TV; Landscaping; Parking Area: 1 Car Water Rights: PallolDeck Possession: DOD Water: City Fireplace: Wood Member Association: Aspen Association Sold Price Per/SF: g DOM: 67 ADOM: 67 Listing Date: 08113/2009 Owner Patton Under Contract Date TB %: 3 BB%: 3 Variable Comm: No Original List Price: 949,000 Failthrough Date: Flat Fee: No LA: Peggy Margolin Morris & Fyrwald, Sotheby's Intl Realty 970-925-6060 970-379-1839 margolinrjcsopris.nnt Information is deemed to be reliable, but Is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:36 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Addrens, 731 F flint Avenue Unit 013 Acpsn, CO 81611 Status: Active Asking Price: 5995,000 List Number. 112143 List Price Per/SF. 1,193.05 mr"* Type: Como Lv Ht SgFt: 834 Area: 01 CC -Central Core LvHtS Ft Abv Gmtl - Major Area: Aspen LvHtSgFt(Blw Grnd); Sub/Loc: Chat Chaumont Unfinished SgFt: 0 ,NM.Hr, Pit 1��ii, ! 1; i1, }� !!._ �'' 11 County: Pitkin Total SgFt: 834 iill .''I Bedrooms: 2 PUDk SgFt: Baths: 2 Garage SgFt: Half Baths: 0 Lot SgFt: ,g s. maw,;•: Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1968 Garage: None Year Remodeled: 1997 Furnished: Zoning: Levels: Lead Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: $1,675.12 Account #: R001469 Taxes: 2,521.48 Earnest $I%: 5% of Purchase Px Parcel #: 273718210031 Tax Year: 2008 Earnest $ Payable To: Title Company Under Construction: Transfer Tax: Yes Special Assessments: N Pre -Fabricated Home: No Short Sale: No Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library LaundrylUtllity Room Public Remarks: Completely remodeled, this 2 bedroom 2 bathroom condominium features hardwood floors, a wood burning fireplace, granite countertops and stainless steel appliances. With an excellent location within walking distance to the gondola, one has convenient access to all Aspen has to offer. Fully furnished and equipped, this unit is a great rental property. The complex features an outdoor hot tub and heated garage. Directions: Durant 8 Original Addendum: Contingent upon Rentals in Place Ls al: Subdivision: Chateau Chaumont Unit #13 Agency: Excl Right to Sell Gas: None Roof: Consf/ExteriOC Brick; Frame HOA Amenities: Pets Allowed/Owner Substructure: Cooling: HOA Fees Includes: Cable; Snow Removal; Trash Removal; Unit Electric Sign: Condition: Excellent Heating: Baseboard; Electric Showing Instructions: Call Listing Office Carport: None Inclusions: Sanitation: Sewer Documents on File: Location Amenities: Style: Other Disclosures: Laundry Facility: Area Terms Offered: Cash; New Loan Electric: Yes Mineral Rights: Unit Faces: Exclusions: Parking Area: Common Water Rights: Extras: Hot TublSpa Possession: DOD Water: City Fireplace: Wood Member Association: Aspen Association Sold Price Per/SF: 0 DOM: 103 ADOM: 103 Listing Date: 07/08/2009 Owner Ajax Mtn Investments, LLC Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 1,000.0,00 Falllhrough Date: Flat Fee: No LA:Tim Clark Fries Properties of Aspen 970-920-2000 970-379-2250 timgfriasproperties.com Information Is deemed to be reliable, but is not guaranteed. See copyright notice, Prepared by Greg Hunter on Monday, October 19, 2009 11:36 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Address, g00 E Durant Avenue ttD.111 Acpon, CO 81611 Status: Active Asking Price: $996,225 Ii -' List Number: 112719 Type: Condo ♦ �n; 141 kt Area: O1CC-Central Core Alf�I Major Area: Aspen 61� Sub/Loc: Old Hundred County: Pilkln Bedrooms: 2 Baths: 2 I'ql ll� Half Baths: Lot Size: 0 Unknown :..-,-_, ,. .-_.- • ._ -- .....,.. Acreage: Unknown Garage: None Furnished: Partial Levels: 2 Short Termable: Yes Account#: R000101 Parcel#: 273718237010 Under Construction: No Pre -Fabricated Home: No Lead Certified: HERS Energy Rating: Taxes: Tax Year: Transfer Tax: Short Sale: List Price PerfSF: 925 Lv Fit SgFt: 1.077 LvHtSgFt (Abv Grnd): LvHtSgFt (Blw Grnd): Unfinished SgFt: 0 Total SgFt: 1.077 PUDk.SgFt: Garage SgFt: Lot Sci t: Nbr of Acres: 0 Year Built: 1970 Year Remodeled: Zoning: Payment Per: Quarter HOA Dues: 2839.75 2.002.88 Earnest $1%: 10 % 2008 Earnest $ Payable To: Title Company Yes Special Assessments: none No Short Termable: Yes oearooms riving Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library LaundrylUtllity Room Upper 1 1 0 1 1 0 0 0 0 Lower 1 0 0 0 1 0 n n n Public Remarks: This large two-story unit exudes comfort and warmth and the open Floor plan is well -suited to a relaxed Aspen lifestyle. The living room, kitchen and master are on the main level with a separate bedroom/guest suite plus extra sleeping area on the lower level. Fabulous location just a few blocks from Aspen's skiing, dining, nightlife and shopping. Priced for today's value -driven buyer. Directions: East on Cooper, Right on West End, Old Hundred is on Northeast corner of Durant and West End. Addendum: Pals ok with HOA approval. Legal: Old Hundred D-111 Agency: Excl Right to Gas: Natural Gas Roof: Membrane Sell HOA Amenities: Substructure: Slab ConsVExterior: Frame HOA Fees Includes: Cable; Contingency Fund; Grounds Maintenance; insurance; Management; Sign: No Cooling: None Sewer; Snow Removal; Trash Removal; Unit Heat; Water Showing Instructions: Short Condition: Excellent Heating: Baseboard; Hot Water Notice; Vacant Carport: Inclusions: Dishwasher; Range; Refrigerator; Washer Sanitation: Sewer Documents on File: Location Amenities: Style: Disclosures: 1031 Laundry Facility: Area Terms Offered: Cash Exchange Mineral Rights: No Unit Faces: North Electric: Yes Parking Area: None Water Rights: No Exclusions: Possession: DOD Water: City Extras; Member Association: Aspen Association Fireplace: Gas Sold Price PerlSF: 0 DOM! 63 ADOM: 63 Listing Date: 08/1712009 Owner Myers Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 996,225 Fallthrough Date: Flat Fee: No LA: Anne Burrows Mason & Morse Real Estate - Aspen 970-925-7000 970-379-0776 aburrcrwsQmasonmorse.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:36 AM The information on this sheet has been made available by the MLS and may not be the bong of the provider. Property Type: RES wllmprovments Addresee 040 C Waters Avenue Unit 200 Aeon, CO 81611 Status: Active Asking Price: $873.000 Llst Number: 111228 List Price Per/SF: 1,229.58 Type: Condo Lv Ht SgFt: 710 Area: 01CC-Central Core LvHtSgFt (Abv Grnd): Major Area: Aspen LvHtSgFt (Blw Grnd): SublLoc: Silver Glo Unfinished SgFt: - 0 4^' p County: Pitkin Total SgFt: 710 t li r:+ Bedrooms: 2 PtfDk SgFt: - •.' ' t� RTiW} Baths: 2 Garage S Ft. Half Baths: 0 Lot SgFt: t ' Lot Size: Unknown Nbr of Acres; D Acreage: Unknown Year Built: 1970 Garage: None Year Remodeled: 2006 �(. '••..; Furnished: Yes Zoning: _ 1.. Levels: Lead Certified: Payment Per: Year Short Termable: Yes HERS Energy Rating: HOA Dues: 7582 Account#: R001417 Taxes: 1,132.24 Earnest$Ph: 5% purchase price Parcel #: 273718261034 Tax Year: 2007 Earnest $ Payable To: Pitkin County Title Under Construction: No Transfer Tax: Yes Special Assessments: none Pre -Fabricated Home: No Short Sale: No Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Public Remarks: ONE OF THE BEST DEALS IN TOWN! Lovingly renovated and exquisitely furnished 2 bedroom and 2 bath unit, wood burning fireplace, views. Great rental unit walking distance to Aspen Mountain. In -town shuttle service, ample parking, swimming pool, ski storage and onsite management offered. D!ractions: East Durant to West End Ave, turn right to Waters Ave turn left. Silver Glo is 112 block down on left. Unit is middle of 2nd floor. Addendum: All ad work, rugs excluded from sale (but negotiable). Inventory on file. Rental pro forma on file. Parking is not deeded, first come first served in lot or on street parking. Legal: Condo: Silver-Gio Unit 2F Desc: ADA unit 206 Agency: Excl Right to Sell Gas: Roof: Const/Exterior: HOA Amenities: Bus/ShuttleService; Front Desk; Locker Ski Storage; On- Substructure: Cooling: None Site Management; Pets Allowed/Owner Sign: Yes Condition: Excellent HOA Fees Includes: Grounds Maintenance; Management; Snow Removal Showing Instructions: 24 Hour Notice; Call Carport: Heating: Baseboard Listing Office; Occupied Documents on File: CC & R's; Inclusions: Dishwasher; Microwave; Range; Refrigerator; Window Coverings Sanitation: Financials Location Amenities: Cul-de-Sac: Exposure, Southern; Views Style: Disclosures: Right of 1st Laundry Facility: Common Terms Offered: Refusal Mineral Rights: Unit Faces: South Electric: Parking Area: Common Water Rights: Exclusions; See Remarks Possession: DOD Water: City Extras: Hot Tub/Spa; Pool Member Association; Aspen Association Fireplace: Wood Sold 76ce Per/SF: DOM: 151 ADOM: 151 Listing Date: 05/21/2009 Owner Christie -Horn Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 873,000 Fallthrough Date: Flat Fee: No LA: Raitiel Bass Morris & Fyrwald, Sotheby's Intl Realty 970-925-6060 970-948-7424 raifie.bass@sothebvsrealty.com Information Is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:36 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Addrass: 040 C Waters 9001 A�c,,, CD 81811 Status: Active Asking Price: $895,000 List Number: 107792 Type: Condo Area: 01CC-Central Core - Major Area: Aspen iry Sub/Loc: Silver Glo County: Pitkin ti Bedrooms: 2 _T Baths: 2 Half Baths: 0 Lot Sin: Unknown h Acreage: Unknown a Garage: None Furnished: Yes List Price Per/SF: 1,282.23 Lv Ht SgFL- 698 LvHtSgFt (Abv Gird): 698 LvHtSgFt (Blw Grnd): 0 Unfinished SgFt: 0 Total SgFt: 698 PUDk SgFt: 0 Garage SgFt: 0 Lot SgPt: 0 Nbr of Acres: 0 Year Built: 1970 Year Remodeled: Zoning: mf Levels: 0 Lead Certified: Payment Per: Quarter Short Tamable: Yes HERS Energy Rating: HOA Dues: 1815.00 Account#: RDOB92 Taxes: 1,415.28 Earnest$1%: 5% Parcel C 273718261020 Tax Year: 2008 Earnest $ Payable To: Pitkin County Title Under Construction: Transfer Tax: Yes Special Assessments: 0 Pre -Fabricated Home: No Short Sale: No Short Termable: Yes ueorooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/StudylLtbrary Laundry/Utility Room Main 2 1 1 1 2 0 0 0 0 Public Remarks: Top -floor corner unit. The complex has a pod and on -site management Great short-term rental property. Close to downtown Aspen and the gondola. Seller is a licensed Colorado real estate broker. Directions: 940 E Waters- Top Floor Addendum: Legal: Unit 3-A AKA Unit 301, Silver Glo Agency: Excl Right to Sell Gas: None Roof: Membrane Const/Exteriori Frame HOA Amenities: Conference Facility; Front Desk: On -Site Management; Pets Substructure: Slab Cooling: None Allowed/Owner Sign: No Condltion: Good HOA Fees Includes: Grounds Maintenance; Insurance; Management; Snow Showing Instructions: Call Carport: None Removal; Trash Removal Listing Office Documents on File: CC 8 R's; Inventory Heating: Baseboard; Electric Sanitation: Sewer Disclosures: Right of 1st Refusal; Seller Lic Inclusions: Dislwnasher: Microwave; Range: Refrigerator; Window Coverings Style: Other RE Agent Location Amenities: Yews Terms Offered: Cash Electric: Yes Laundry Facility: Common Unit Faces: East Exclusions:- Mineral Rights: No Water Rights: No Extras: Cable W Patio/Deck: Pool Parking Area: Common Water: Flreplace: Possession: DOD Member Association: Aspen Association Soltl Price PerISF; 0 DOM: 381 ADOM: 381 Listing Date: 1010312008 Owner Van Bilderbeek Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 995,000 Fallthrough Date: Flat Fee: No LA: Charley Podolak Chaffin Light Real Estate Aspen 970-925-2811 970-948.0100 cpodolak@clre.twm Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday. October 19, 2009 11:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES wim provments Address: 901 C I lyinun A,rcnue 2 Anpan, CO 81611 Status: Closed Asking Price: S895,000 yyr iN,a a ' List Number: 111385 List Price PerISF: 964.44 Type: Condo Lv Ht SgFk 928 Area: 01CC-Centrat Core LvHtSgFt (Abv Gmd): 0 Major Area: Aspen LvHtSgFt(Blw Gmd): 0 SublLoc: Chateau Blanc Unfinished SgFt: 0 I `r County: Pitkin Total SgFt: 928 fyl0.t, E 'llll� Bedrooms: Baths: 2 2 PVDk SgFt: Garage SgFt: 0 0 `,:y�j Half Baths: 0 Lot SgFt: 0 1 Eililiii.` ... Lot Size: Unknown Hier of Acres: 0 Acreage: Unknown Year Built: 1966 fl'i Garage: Common Year Remodeled: 2006 ,�`• Furnished: Zoning: Levels: 1 Lead Certified: Payment Per: Quarter Short Termable: HERS Energy Rating: HOA Dues: 867.00 Account #: R001272 Taxes: 1.659.36 Earnest $/%: 30.000 Parcel 4: 273718231013 Tax Year: 2007 Earnest $ Payable To: Stewart Title of Aspen Under Construction: Transfer Tax: No Special Assessments:0 Pre -Fabricated Home: No Short Sale: No Short Temptable: Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room DenfStudy/Library Laundry/Utility Room Main 2 1 1 1 2 0 0 0 1 Public Remarks: Beautifully remodeled & furnished. Additional remodeling in May/June'09 to include new, open, bright mirror & glass entrance. Top of the line granfie counters, steam shower, 6 f. Jacuzzi tub, 5 flat screen TV's, private entrance, washer & dryer in unit, custom fireplace & bay window, Just steps from the Gondola. 2 bdmV2 bath wl GREAT OWNER FINANCING! 4.5% first yr, 5.5% second yr, 6.5% remaining for 10 years, 3D yr AM. Directions: Corner of Hyman and West End Addendum: Legal: Chateau Blanc #2 Agency: Excl Right to Gas: Roof., Sell HOA Amenities: On -Site Management Substructure: Const/Exterlor: HOA Fees Includes: Grounds Maintenance; Snow Removal; Trash Sign: Cooling: Removal Showing Instructions: Call Listing Office: Short Notice; Condition: Heating: Vacant Carport: None Inclusions: Sanitation: Documents on File: Location Amenities: Style: Disclosures: Laundry Facility: Terms Offered: Cash; Seiler Finance Electric: Mineral Rights: Unit Faces: Exclusions: Parking Area: Common Water Rights: Extras: Possession: DOD Water: Fireplace: Member Association: Aspen Association Sold Price: B95,000 Sold Date: 09/23/2009 How Sold: Owner Will Carry Sold Price Par/SF: 964.44 Proposed Close Date: 09/15/2009 Seller Concessions: No DOM: 260 ADOM: 260 Listing Date: 06/01/2009 Owner Krajian Under Contract Date 08/12/2009 TB%: 3 BB%: 3 Variable Comm; No Original List Price: 995,000 Fallthrough Date: Flat Fee: No LA: Ralph Braden Chaffin Light Real Estate Aspen 97D-925-2811 rbraden@clre.com SA: Ralph Braden Chaffin Light Real Estate Aspen 970-925-2811 rbraden@clra.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Studv/Library Laundry/utility Room Public Remarks: Extra large ground Floor 2bd/2ba condo in small 7 unit complex. Walking distance to downtown Aspen. Sun room type windows enhance the livingldining areas. Clean and neat with South -facing views towards Aspen Mountain. Excellent value! Directions: When driving South on Original, turn left on East Durant. Turn Right on S West End St then Left on Waters Ave. Addendum: Legal: CONDO: Chateau Snow Unit 101 Agency: Excl Right to Gas: Natural Gas Roof: Membrane Sell HOA Amenities: Pets AllowedlOwner Substructure: Finished Const/Exter!or: Frame HOA Fees Includes: Cable; Contingency Fund; Firewood; Grounds Maintenance; Insurance; Basement Cooling: None Management; Sewer; Snow Removal; Trash Removal; Unit Heat; Water Sign: Condition: Excellent Heating: Baseboard; Gas; Hot Water Showing Instructions: Call Carport: None Inclusions: Dishwasher; Freezer; Microwave; Range; Refrigerator; Window Coverings Listing Office Documents on File: CC Location Amenities: Exposure. Southern: Gentle Topo; Views Sanitation: Sewer & R's Laundry Facility: Common Style: Contemporary Disclosures: Right of 1st Mineral Rights: No Terms Offered: Cash Refusal Parking Area: 1 Car Unit Faces: South Electric: Yes Possession, DOD; Subject to Lease Water Rights: No Exclusions: Member Association: Aspen Association Water; City Extras: Cable TV; Sauna Fireplace: Wood Sold Price: B85,000 Sold Date-. 0521/2009 How Sold: Cash Sold Price Per/SF: 743.7 Seller Concessions: No DOM: 94 ADOM: 94 Listing Date: 02/16/2009 Owner Nila J. Wells Living Trust Under Contract Date 04106/2009 TB%: 2.75 BBk: 2.75 Variable Comm: No Original List Price: 995,D00 Fallthrough Date: Flat Fee: No LA: Brian Hazen Mason B Morse Real Estate - Aspen 970-925-7000 970-379-1270 bhazenr@rof.net SA: Bill Stirling Stirling Homes Inc. 970-948-8287 970-948-8287 bill@sbrlingnomesinacom Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Addrrcv Rnn R Mill.St. A205 Aspen, CO 81611 Status: Closed Asking Price: $896.000 List Number: 104949 List Price PerfSF: 1.171.47 MTt''. Type: Condo Lv Ht SgFt: 764 lot,Area: 01 CC -Central Core LvHtSgFt (Abv Grnd): 764 ," MaJor Area: Aspen LvHtSgFt (Blw Grnd):0 IJ�'i�y�'� FT'# 1,a Suon-0c: Fifth Ave Condo Unfinished SgFC ', 'fs �£,A yC` yj( �' County: Pitkin Total SgFt: 764 ��k '�, - • >� +i��', i �-_r. Bedrooms: 2 PUDk SgFt: 0 �s li iYYr Baths: 2 Garage SgFt: 0 ll. !w ' �;,, tII rt 1. ,I ! I x I Half Baths: 0 Lot SgFk 0 I It; .. Ii .I(�rrr �; � "�Ir_ � Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1965 Garage: None Year Remodeled: 2007 Furnished: Yes Zoning: RMF ' tt°'. • t�iendfRaor Levels: 2 Lead Certified: Payment Per: Quarter Short Tamable: Yes HERS Energy Rating: HOA Dues: 1745.00 Account#: R004946 Taxes: 2.565.88 Earnest$1%: 5% Parcel M 273718276031 Tax Year: 2008 Earnest $ Payable To: Pitkin County Title Under Construction: No Transfer Tax: Yes Special Assessments: Possible Pre -Fabricated Home: No Short Sale: Short Tamable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Dentstudy/Library LaundrylUtility Room Main 1 1 0 1 1 0 0 0 0 Upper 1 0 0 0 1 0 0 0 0 Public Remarks: This 2 bed / 2 bath is truly one of 5th Ave's Gemsl Peaked ceilings and lots of windows, excellent upgrades, comfortable living space and furnishings. Amenities include ski access, heated pool hot tub, off street parking. & wireless internet. Directions: The 51h Avenue condos are located at the top of Galena and Mill Sts, Addendum: Complex has building movement Disclosure. Legal: Unit 205, Bldg. D. 5th Avenue Agency: Excl Right to Sell Gas: None Roof: Compositions Const/Fxterior: Frame HOA Amenities: Locker Ski Storage; Pets AllowedlOwner Shingle; Membrane Cooling: None HOA Fees Includes: Cable; Contingency Fund; Firewood Grounds Maintenance; Substructure: Crawl Condition: Excellent Insurance; Management; Road Maintenance; Sewer; Snow Removal; Trash Removal; Unit Space Carport: None Heat: Water Sign: No Documents on File: CC & R's; Heating: Baseboard; Gas; Hot Water Showing Instructions: Financials; Inventory Inclusions: Ceiling Fan; Dishwasher; Microwave; Range; Refrigerator; Window Coverings Call Listing Office Disclosures: Right of tat Refusal; Location Amenitles: Ski Out Access; Views Sanitation: Sewer Other Laundry Facility: Common Style; Contemporary Electric: Yes Mineral Rights: No Terms Offered: Cash; Exclusions: Parking Area: Common New Loan Extras: Cable TV; Hot Tub/Spa; Possession: DOD; Subject to Lease Unit Faces: North Landscaping; Lawn Sprinklers; Pool Member Association: Aspen Association Water Rights: No Fireplace: Wood Water: City Sold Price: 850,000 Sold Date: 04/03/2009 How Sold: Cash 7Sold Price PerlSF: 1,112.57 DOM: 325 ADOM: 325 Listing Date: 05/13/2008 Owner Patrick Under Contract Date 03/07/2009 TB%: 3 BB%: 3 Variable Comm: No Original List Price: 1,2195,000 Fallthrough Date: Flat Fee: No LA: Douglas Nehasil BJ Adams and Company -Aspen 970-922-2111 970-379-1148 doug@bjac.net SA: Chris Giuffrida Chaffin Light Real Estate Aspen 970-618-1136 970-618-1136 AspenProperty.Chris@gmail.coin Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:37 AM The information on this sheet has been made available by the MILS and may not be the listing of the provider. Property Type: RES wilmprovments Address: 611 9 Woct End 6 Aapon, CO 81611 Status: Closed Asking Price: $875,000 List Number, 103565 List Price PertSF: 1,579.42 Type: Condo Lv Ht SgFt: 554 Area: 01 CC -Central Core LvHtSgFt(Atov Grnd):0 ' Major Area: Aspen LvHt$gFt(BKv Grri 0 Sub/Loc: Little Nell Unfinished SgFt: County: Pitkin Total SgFt: 554 Bedrooms: 1 PNDk SgFt: 0 '• * „' Baths: 1 Garage SgFt: 0 gat Half Baths: 0 Lot SgFt: if ;ir• Lot Size: Unknown Nbr of Acres: 0 r1!Ij `ramq Acreage: Unknown Year Built: 1968 :,, Garage: None Year Remodeled: 2007 hm,4 �' Furnished: Yes Zoning: ., y y 13 g ! ji" ^ � 1 f:r r1:X ce„ar'::rpi Levels: 0 Leed Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: 776.00 Account#: R005139 Taxes: 1,561.36 Earnest$!%: 50,000 Parcel #: 273718260002 Tax Year: 2D07 Earnest $ Payable To: Title Cc Under Construction: No Transfer Tax: Yes Special Assessments: tbd Pre -Fabricated Home: No Short Sale: ShortTermable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Familv Room Dan/Sh,dvn ihrary I t,t"Mi.n Ienw a....... Public Remarks: Just a couple of blocks to the gondola. Lovely top Floor comer unit with views of Aspen Mtn. Vaulted ceilings and a private deck. Storage closet and assigned parking. Very cozy unit. Dogs and cats allowed. Directions: E on Durant. Right on S.West End. Little Nell Condo is on the right Addendum: Call listing office for all showingsVery easy to show. Legal: Little Nell Condo 5 Agency: Excl Right to Sell Gas: Roof: ConsVExterior: HOA Amenities: Substructure: Cooling; HOA Fees Includes: Sign: No Condition: Excellent Heating: Showing Instructions: Call Listing Office; Short Carport: Inclusions: Dishwasher; Dryer; Range; Refrigerator; Washer; Window Notice Documents on File: Coverings Sanitation; Sewer Disclosures: Right of 1st Location Amenities: Style: Refusal Laundry Facility: Area Terms Offered: Cash Electric: Mineral Rights: Unit Fates: Exclusions: Parking Area: l Car Water Rights: Extras: Cable TV; Patio/Deck Possession: DOD Water: Fireplace: Wood Member Association: Aspen Association Sold Price: 775,D00 Sold Date: 01/28/2009 How Sold; Conventional Variable Sold Prtca PerlSF; 1,398.92 DOM: 326 ADOM: 326 Listing Date: 03I09t2008 Owner Davis Under Contract Date 1212112008 TB %: 2.5 BB%; 2.5 Variable Comm: No Original List Price: lit 50,000 Fallthrough Date; Flat Fee: No LA: Nicole Lewis Carol Dopkin Real Estate 970-920-1186 970-948-1172 Iewisjandn@aoi.com COLA: Carol Dopkin Carol Dopkin Real Estate 970-618-0187 970-618-0187 carolacaroldopkin.com SA: Out Area Out of Board Jurisdiction Information is deemed to be reliable, but is not guaranteed, See copyright notice. Prepared by Greg Hunter on Monday. October 19, 2009 11:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: Mayor and City Council Scott Miller, Capital Asset Director Steve Barwick, City Manager November 12, 2009 November 16, 2009 Purchase of 910 W Hallam, Unit#11 THE CRY of ASPEN REQUEST OF COUNCIL: Staff recommends that City Council authorize the listing of this unit for sale in "as -is" condition. PREVIOUS COUNCIL ACTION: On July 17, 2009, Council passed Ordinance #17 (Series 2009) amending the Aspen/Pitkin County Employee Housing Guidelines, permitting APCHA to determine if a deed -restricted unit located in a condominium or subdivision which also includes free-market units, has been rendered unaffordable as a result of general or special assessments. Such a unit would then be eligible to be purchased, the deed restriction removed and sold into the free market, with the proceeds being deposited into the appropriate housing development fund. On September 14, 2009, Council directed staff to purchase unit #11 at 910 W. Hallam and pay any outstanding Home Owners Association assessments. Council also directed staff to research the value of this unit and possible methods for selling this unit as a free- market unit. BACKGROUND: This unit was built as a free-market unit in 1970, then deed -restricted as an affordable housing unit in 1987. This unit is the only affordable, deed restricted unit out of twelve units at 910 W. Hallam. The unit is in fair condition and would require rather extensive renovation to be sold as a free market unit at its best and highest use. DISCUSSION: This unit, which faces Highway 82, is 765 square feet in size. If renovated properly, its estimated value is $725,000. In order to estimate the value of this unit in its current condition, the following analysis was done: Buyback of unit $145,945 HOA assessment $3,615 Total Investment by COA $149,560 Page 1 of 3 The estimated cost of renovation of this unit is: Finishes (incl. trim, paint, cabinets, tile, etc.)$80,000 Interior design $2,000 Total cost of renovation $82,000 If an investor were to buy and renovate this unit, the total investment would be: Total investment $231,560 In preliminary conversations with two local lenders, it was stated that those lenders would not lend money for the purchase or renovation of this unit, so the potential buyer of this unit probably will be a cash buyer. The potential buyer of this unit will probably expect a gross return on the investment of 30 %. For this analysis this potential return will be called opportunity cost: Opportunity cost $69,468 Staff has concluded that a possible method for determining the "as -is" value of this unit is: Estimated sales price if renovated $725,000 Cost of renovation ($82,000) Opportunity cost ($69,468) Estimated value "as -is" $573,532 If this unit sells for this estimated value, the net proceeds to the city will be as follows: Sales price $573,532 Sales costs (broker and closing) ($28,500) Total investment by COA ($149,560) Net proceeds to city $395,356 Page 2 of 3 ALTERNATIVES: If Council should choose to invest in full renovation of this unit, the net proceeds to the city would be as follows: Sales price $725,000 Total investment by COA ($231,560) Sales costs ($36,250) Net proceeds to city $457,190 FINANCIALBUDGET IMPACTS: The cost of purchasing and finishing this unit, $149,560, will be paid from the 150 Housing Development Fund in calendar year 2009. The revenue from the sale of the unit, $573,532, will be received by the 150 Housing Development Fund, with the net proceeds from the sale benefitting the 150 Fund in the amount of $395,356. ENVIRONMENTAL IMPACTS: This project is a reuse of an existing structure on an existing unit, resulting in much less impact to the environment than new construction on a vacant lot. Page 3 of 3 Comparison for Sagewood (910 W. Hallam #11) ADDRESS OF PROPERTY STATUS ASKING PRICE SOLD PRICE $$/S.F. BEDROOMS BATHS SQ. FEET YEAR BUILT REMODELED 910 W. Hallam #11 TBD TBD n1a n/a 2 1 765 n1a 1235 E. Cooper #3 For Sale $625,000 n/a $1,034 2 1 604 1969 n1a 1235 E. Cooper#1 For Sale $650,000 n/a $1,062 2 1 612 1969 n/a 1235 E. Cooper #2 For Sale $650,000 n/a $1,033 2 1 629 1969 n/a 835 E. Hyman #D Under Contract $735,000 n/a $924 2 1 795 1969 n/a 501 W. Main St. C101 Closed $675,000 $625,000 $978 1 1 639 2006 n/a 501 W. Main St, A203 Closed $699,000 $675,000 $1,102 1 1 612 2004 n/a COMPARISON FOR 104 W. COOPER #5 104 W.Cooper #5 TBD TBD 914 Waters #19 For Sale $949,000 731 E. Durant #13 For Sale $995,000 900 E. Durant #D-111 For Sale $996,225 940 E. Waters #206 For Sale $873,000 940 E. Waters #301 For Sale $895,000 901 E. Hyman #2 Closed $995.000 926 E. Waters #101 Closed $995.000 800 S. Mill St. #205 Closed $1,395,000 611 S. West End #5 Closed $1,150,000 n/a n1a 3 1 999 n1a n/a $1.218 2 11/2 779 1998 n/a n/a $1.193 2 2 834 1968 1997 n/a $925 2 2 1.077 1970 n/a n/a $1.229 2 2 710 1970 2006 n/a $1,282 2 2 698 1970 n/a $895,000 $964 2 2 928 1966 2006 $895,000 $743 2 2 1,190 1969 n1a $850,000 $1,112 2 2 764 1965 2007 $775,000 $1,398 1 1 554 1968 2007 Property Type: RES w/l mprovments Address* 1735 F Cooper Avenue 83 Acpan, CO 81611 Status: Active Asking Price: $625,000 List Number: 112221List Price PerISF: 1,034.77 R1, Type: Condo Lv Ht SgFt: 604 Area: 01 FA -East Aspen LvHtSgFt(Abv Grnd): iy Major Area: Aspen LvHtSgFt(Blw Grnd): LF j }INI Sub/Loc: Aspen Edge Unfinished SgFt: 0 r' County: Firkin Total SgFt; 604 Bedrooms; 2 PVDk SgFt: 'P I �^^ + I + " "- 114 j I g-a Baths: 1 Garage SgFt: Ir 1 i 4 ej ig �.k I, Half Baths: 0 Lot Size: Unknown Lot S Ft: N6r of Acres: - 0 Y"6yir'� a�i$I(irl k} - 7 Acreage: Unknown Year Built: 1969 '49 ,4r C(I Garage: None Year Remodeled: .t 9, , , •' I'r Furnished: Yes Zonin Y ' i Levels: 1 Lead Certified: Payment Per: Quarter Short Termable: No HERS Energy Rating: .HOA Dues: 1,339.15 Account#: R010454 Taxes: 1,232.04 Earnest$1%: 5% Parcel #: 273718141003 Tax Year: 2008 Earnest $ Payable To: Land Title Guarantee Company Under Construction: No Transfer Tax: Yes Special Assessments: 1.519.00 Pre -Fabricated Home: No ShortSale: No Short Termable: No Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Studv/Llbrary Laund"/Utility Room Public Remarks: Great value for a 2 bedroom unit in town. Convenient location, just a short walk to the shops and restaurants. Light and bright, ground floor unit opens up to a beautiful lawn and views of Aspen Mtn. Small complex with only 8 units on an oversize lot.2 assigned parking spaces and lots of storage space. NO PETS. Directions: East on Cooper Ave, across bridge to Aspen Edge on the right. Addendum: Special Assessment is for new boiler. Legal: Aspewtidge, Unit 3 Agency: Excl Right to Sell Gas: Natural Gas Roof: Membrane ConstlExterior: Concrete Block; HOA Amenities: Substructure: Slab Frame; Stucco HOA Fees Includes: Cable; Grounds Maintenance; Insurance; Sewer; Snow Sign: No Cooling: None Removal; Trash Removal; Unit Electric; Unit Heat; Water Showing Instructions: Occupied; Condition: Good Heating: Baseboard; Gas; Hot Water Overnight Notice Carport; Inclusions: Microwave; Range; Refrigerator; Window Coverings Sanitation: Sewer Documents on File: CC & R's; Location Amenities: Trees; Views Style: Financials; Inventory Laundry Facility: Common Terms Offered: Cash; New Loan Disclosures: No Dogs Mineral Rights: No Unit Faces: West Electric: Yes Parking Area: 2 Car Water Rights: No Exclusions: Possession: DOD Water: City Extras: Landscaping; Storage Shed Member Association: Aspen Association Fireplace: Wood Sold Price Per/SF: DOM:97 ADOM: 97 Listing Date: 07114/2009 Owner Di Russo Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 625,000 Falithrough Date: Flat Fee: No LA: Galen Bright Setterfield & Bright 970-920-1833 970-379-3877 galen@aspenreal.com Information Is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MILS and may not be the listing of the provider. Property Type: RES w/Improvments Addres.. 1235 E Cvvpa, &nnua Urfll I Aspen, CO 81611 Status: Active Asking Price: $650,000 '' f " i• f ' -a - List Number: 111129 List Price PerISF: 1,062.09 Type: Condo Lv Ht SgFt: 612 Area: 01 EA -East Aspen LVHCSQFt(Abv Gmd): 612 Major Area: Aspen LvHtSgFt(Blw Gmd): Sub/Loc: Aspen Edge Unfinished SgFt: 0 "'fyli9�ifl�+'+rt ' �rj County: Pitkin TotalSgFI: 612 imX I��N �,ili 4f1 Bedrooms: 2 PUDk SgFt: e Baths: 1 Garage SgFt: tit Half Baths: 0 Lot SgFI: Lot Size: Refer to Acreage Nbr of Acres: Acreage: Refer to Lot Size Year Built: 1969 Garage: None Year Remodeled: Furnished: No Zoning: PUD Levels: 1 Lead Certified: Payment Per: Quarter Short Tamable; HERS Energy Rating: HOA Dues: 1,356.32 Account#: R010452 Taxes; 1,070.24 Earnest$/°/: S20,000.00 Parcel M 273718141001 Tax Year: 2008 Earnest S Payable To: Land Title Under Construction: Transfer Tax: Yes Special Assessments: 1,539.29 Pre -Fabricated Home: No Short Safe: No Short Tamable: Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Famlly Roam Den/Study/Library LaundrylUtilKy Room Public Remarks: Here is the place for your Buyer because it is only 6 minutes (on foot!) to town, has a wood -burning fireplace, faces west for sun, has a great, manicured lawn, assigned parking, laundry room, storage for the bikes. Two bedrooms, convenience and set back from the road for quiet and privacy. Pets are OK for owners. Na pets for renters. Directions: East on Cooper Ave, across the bridge. Complex is on the right. Addendum: CALL MARY ANNE MEYER SET UP A SHOWING FOR YOUR BUYER. 970-948-3236 Special Assessment: New Boiler Legal: Aspen Edge, Unit 1 Agency: Excl Right to Sell Gas: Natural Gas Roof: Membrane Const/Exterior: Concrete HOA Amenities: Substructure: Block; Frame HOA Fees Includes: Cable; Grounds Maintenance; Sewer; Snow Removal; Trash Sign: Cooling: Condition: Good Removal; Unit Electric; Unit Heat; Water Heating: Baseboard; Gas Showing Instructions: 24 Hour Notice; Occupied Carport: Inclusions: Dishwasher; Range; Refrigerator Sanitation: Sewer Documents on File: CC & R's Location Amenities: Trees Style: Disclosures: Laundry Facility: Common Terms Offered: Cash Electric: Yes Mineral Rights: Unit Faces: West Exclusions: Parking Area: Assigned Water Rights: No i Extras: Landscaping Possession: DOD Water: City Fireplace: Wood Member Association: Aspen Association Sold Price PerISF: 0 DOM: 164 ADOM: 164 Listing Date: 05108/2009 Owner On File Under Contract Date TB%:3 BB%:3 Variable Comm: No Original List Price: 650,000 Fallthrough Date: Flat Fee: No LA: Mary Anne Meyer Joshua & CO of Aspen, Ina 970-925-8810 970-948-3236 maryanneQoshvaco_com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/lmprovments Addrebo. 1205 E Coupe. Avenue 02 Aspen, CO 81611 Status: Active Asking Price: $660,000 List Number: 112217 List Price Per1SF: 1,033.39 s-luM.,� as -k'tk1 Type: Condo Lv Ht SgFb 629 r 1 I Area: 01EP.-E2st Aspen Major Area: Aspen LvHtSgFt (Abv Grnd): LvHtSgFt(Blw Grnd): F. I Sub/Loc: Aspen Edge Unfinished SgFt: 0 County: Pitkin Total SgFt 629 r'S Bedrooms: 2 PUDk SgFt - h � ,. Baths; 1 Garage SgFt: J.? n l� Half Baths: 0 Lot SgFt: 1YI� n Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1969 �y -- Garage: None Year Remodeled: Furnished: Yes Zoning: e #I rr Levels: t Lead Certified: Payment Per: Quarter Short Termable: No HERS Energy Rating: HOA Dues: 1.394.13 Account#: R010453 Taxes: 1.283 Earnest$/%: 5% Parcel #: 273718141002 Tax Year: 2008 Earnest $ Payable To: Land Title Guarantee Company Under Construction: No Transfer Tax: Yes Special Assessments: 1,582.10 Pre -Fabricated Home: No Short Sale: No Short Termable: No Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family, Room Den/Study/Library, LaundrvlUtility Rnnm Public Remarks: Great value for a 2 bedroom unit in town. Convenient location, just a short walk to the shops and restaurants. Remodeled, ground floor unit opens up to a beautiful lawn and views of Aspen Mtn. Small complex with only 8 units on an oversize lot. 2 assigned parking spaces and lots of storage space. NO PETS. Directions: East on Cooper Ave, across bridge to Aspen Edge on the right. Addendum: Special Assessment is for new boiler. Legal: Aspen Edge, Unit 2 Agency: Excl Right to Sell Gas: Natural Gas Roof: Membrane ConstlExterior: Concrete Block; HOA Amenities: Substructure: Slab Frame; Stucco HOA Fees Includes: Cable; Grounds Maintenance; Insurance; Sewer, Snow Sign: No Cooling: None Removal; Trash Removal; Unit Electric; Unit Heal; Water Showing Instructions: Short Condition: Good Heating: Baseboard; Gas; Hot Water Notice; Vacant Carport: Inclusions: Dishwasher; Microwave; Range; Refrigerator; Window Coverings Sanitation: Sewer Documents on File: CC & R's; Location Amenities: Trees; Views Style: Financials; Inventory Laundry Facility: Common Terms Offered: Cash; New Disclosures: No Dogs Mineral Rights: No - Loan Electric: Yes Parking Area: 2 Car Unit Faces: West Exclusions: Possession: DOD Water Rights: No Extras: Landscaping; Storage Shed Member Association: Aspen Association Water: City Fireplace: Wood Sold Price Per/SF: DOM: 98 ADOM: 98 Listing Date: 07/13/2009 Owner Dacosta Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 650,000 Falithrough Date: Flat Fee: No LA: Galen Bright Satterfield & Bright 970-920-1833 970-379-3877 galen@aspenreal.com Information Is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 200910:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Addrocc: 936 G Hymon Avenue D Aspen, CO 81611 Status: Pending Asking Price; 5735,000 List Number: 111443 List Price Per/SF: 924.53 --b!r- ,,{pj, i-•L Type: Condo Lv Ht SgFt: 795 _s Area: 01CC-Central Care LvHtSgFt (Abv Gmd): 795 Major Area; Aspen LvHtSgFt (BW Grnd): Suh/Loc: Hy -West Unfinished SgFt: D County: Pitkin Total SgFt; 795 Bedrooms: 2 PUDk SgFt: ' Baths: 1 Garage SgFt: Half Baths: 0 Lot SgFt: D Lot Size; Unknown Nbr of Acres: 0 Acreage: Refer to Lot Size Year Built: 1969 Garage: None Year Remodeled: Furnished: Yes Zoning: L%L000 P't 5ls' Levels: 1 Lead Certified: Payment Per: Quarter ShortTermable: Yes HERS Energy Rating: HOA Dues: 1085.00 Account #: R000514 Taxes: 1,774.64 Earnest $/%: 5% of Sales Price Parcel #: 273718228021 Tax Year: 2008 Earnest $ Payable To: Title Co. of the Rockies Under Construction: No Transfer Tax: Yes Special Assessments: TBD Pre -Fabricated Home: No Short Sale: No Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Public Remarks: Excellent opportunity to own in downtown Aspen! Just four blocks from the gondola, this two bedroom, one bath condo R in a quiet, small complex on a lovely residential street. Park your car in your assigned parking place and walk to all the restaurants and shops Aspen has to offer. Directions: One block east of Original on the corner of Hyman and S. West End Street. Addendum: See HOA Budget and Complex Rules in Documents. Legal: Unit D, Hy -West Agency: E cl Right to Sell Gas: Roof: Const/Extenor: Brick; Stucco HOA Amenities: Pets Allowed/Owner; Pets Allowed/Renter Substructure: Garden Level Cooling: None HOA Fees Includes: Cable; Grounds Maintenance; Insurance; Management: Sewer; Sign: - Condition: Average Snow Removal; Trash Removal Showing Instructions: Call Carport: Heating: Baseboard Listing Office Documents on File: Financials Inclusions: Ceiling Fan; Dishwasher; Microwave; Range: Refrigerator; Window Sanitation: Sewer Disclosures: Coverings Style: Electric: Yes Location Amenities: Corner Lot; Trees Terms Offered: Cash; New Loan Exclusions: Laundry Facility: Common Unit Faces: East; North Extras: Cable TV; Landscaping; Mineral Rights: Water Rights: Patio/Deck Parking Area: 1 Car; Assigned Water: City Fireplace: Possession: DOD Member Association: Aspen Association Contingent: Other Proposed Close Date: 11/0912009 Sold Price Per/SF: 0 DOM: 139 ADOM: 139 Listing Date: 06/02/2009 Owner Meza - Under Contract Date 10/1012009 T5%: 2.5 BB%: 2.5 Variable Comm: No Original List Price: 735,000 Falithrough Date: Flat Fee: No LA: Jennifer Engel Joshua B CO of Aspen. Inc. 970-925-8810 970-618-7319 jenajenengel.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday. October 19, 2009 10:33 AM The informa0on on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES wllmprovments Addrecc: 601 W Main 81mot C101 Aapon, CO 81611 Status: Closed Asking Price: $675,000 List Number: 111430 Type: Condo Area 01 CC -Central Core Major Area: Aspen Sub/Loc: Christiana Aspen County: Pitkin Bedrooms: 1 Baths: 1 Half Baths: 0 Lot Size: Unknown Acreage: Unknown Garage: None Furnished: Yes Q01 it NO List Price Per/SF: 1,056.34 Lv Ht SgFt 639 LvHtSgFt (Abv Grnd): 639 LvHtSgFt (Blw Grind); 0 Unfinished SgFt: 0 Total SgFt: 639 PNDk SgFt: Garage SgFt: Lot Sci t: 0 Nbr of Acres: 0 Year Built: 2006 Year Remodeled: Zoning: Levels: 1 Lead Certified: Payment Per: Month Short Tamable: Yes HERS Energy Rating: HOA Dues: 471.00 Account#: r020429 Taxes: 0 Earnest$/%: S50,000.00 Parcel #: 273512449022 Tax Year: 2008 Eamest $ Payable To: Stewart Title Under Construction: No Transfer Tax: Yes Special Assessments: no Pre -Fabricated Home: Other ShortSale: No Short Termable: Yes tsearooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room DenlStudy/Library Laundry/Utility Room Public Remarks: One of a kind large floor plan! Beautiful unit with many builder upgrades AND fully furnished! AC -POOL -Jacuzzi - HUGE STORAGE SPACE - HARDWOOD FLOORS -GRANITE -ALDER DOORS/CABINETS/STEAM SHOWER[Priced to Sell now!Motivated Selled! S1056 a square foot- Pets Allowed EASY TO SHOW!!!Pool and Jacuzzi Agency: Excl Right to Sell Gas: Natural Gas Roof: Metal; Shake Const/Exterior: Frame HOA Amenities: Locker Ski Storage; Pets Allowed/Owner Substructure: Cooling: Central A/C HOA Fees Includes: Contingency Fund; Grounds Maintenance; Insurance; Sign: Yes Condition: Excellent; New Sewer; Snow Removal; Trash Removal; Unit Heal; Water Showing Instructions: Call Carport: Heating: Forced Air; Gas Listing Office Documents on File: Inclusions: Dishwasher; Freezer; Microwave; Range; Refrigerator; Washer; Sanitation: Sewer Disclosures: Deed Restrict Window Coverings Style: Contemporary Electric: Yes Location Amenities: Trees; Views Terms Offered: Cash Exclusions: Laundry Facility: Room Unit Faces: Extras: Cable TV; Handicap Access; Hot Tub/Spa; Mineral Rights: Water Rights: Patio/Deck; Pool; Storage Shed Parking Area: Common Water: City Fireplace: Gas Possession: DOD Member Association: Aspen Association Sold Price: 625,000 Sold Date: 09/2312009 How Sold: Conventional Fixed Sold Price Per/SF: 978.09 Proposed Close Date: 09125/2009 1 Seller Concessions: No 11u TB%: 2.5 Original List Price: 675,000 LA: Kristi Gilliam Gilliam Properties of Aspen SA: Tim Clark Frias Properties of Aspen ADOM: 110 BB%: 2.5 Fallthrough Date: 970-544-1000 970-925-4000 Listing Date: 06/05/2009 Under Contract Date 08/24/2009 Variable Comm: No Flat Fee: No kristi@robiet 970-379-2250 tim@friasproperties.conl Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Address: 501 W Main Street A303 Acpon, CO 31611 Status: Closed Asking Price: $899,000 i List Number: 111456 List Price PerlSF: 1,142.16 Type: Condo Lv Ht SgFt: 512 Area: 01 CC -Central Core LvHtSgFt(Abv Grnd): i Major Area: Aspen LvHtSgFt (Blw Grnd): Ids I i, r Sub/Loc: Christiana Aspen Unfinished SgFt: 0 County: Pitkin Total SgFC 512 uu1, n li Bedrooms: 1 PffOk SgFt: Baths; 1 Garage Sci t: Half Baths: 0 Lot Sci t: 0 y2 Lot Size: Unknown N6r of Acres: 0 y''• Acreage: Unknown Year Built: 2004 -_ Garage: None Year Remodeled: _ Furnished: Yes Zoning: Levels: - Lead Certified: Payment Per: Month Short Termable: HERS Energy Rating: HOA Dues: S531.53 Account#: R019195 Taxes: 1,788.28 Earnest$!%: 5% Parcel #: 273512449011 Tax Year: 2008 Earnest $ Payable To: Land Tide Under Construction: Transfer Tax: Yes Special Assessments: Pre -Fabricated Home: No Short Sale: No Short Tamable; Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Public Remarks: Beautiful top floor condominium in one of Aspen's prettiest complexes. Vaulted ceilings, granite countertops, hardwood floors, steam shower, 'acuzzi tub and A/C. Surprisingly quiet inside. Air conditioned storage space under bldg. Lovely landscaped grounds with waterfall and podrJacuzzi area. Directions: South Corner of Main and 4th. 2nd door. Addendum: See "Documents" for Lodge Ordinance describing rental restriction, Rules and Regs, CC&Rs, Income and Expense, Floorplan and Site Plan. Legal: Unit A-203 Christiana Condominiums Phase I Agency: Excl Right to Sell Gas: Natural Gas Roof: Metal; Shake Const/Exterlor: Frame HOA Amenities: Locker Ski Storage; Pets Allowed/Owner Substructure: Unfinished Basement Cooling: Central A/C HOA Fees Includes: Contingency Fund; Grounds Maintenance; Sign: Yes Condition: Excellent Insurance; Snow Removal; Unit Heat; Water Showing Instructions: 24 Hour Carport: None Heating: Forced Air; Gas Notice; Occupied Documents on File: CC & R's; House Plans Inclusions: Dishwasher; Dryer; Freezer; Microwave; Refrigerator; Washer; Sanitation: Sewer Disclosures: Other Window Coverings Style: Electric: Yes Location Amenities: Views Terms Offered: Cash; New Loan Exclusions: Laundry Facility: Area Unit Faces: East; North Extras: Cable TV; Hot Tub/Spa; Landscaping; Mineral Rights: No Water Rights: No Patio/Deck; Pool Parking Area: Common Water: City Fireplace: Gas Possession: Negotiable Member Association: Aspen Association Sold Price: 675,000 Sold Date: 10113/2009 How Sold: Cash Sold Price PerlSF: 1,102.94 Proposed Close Date: 1011312009 Sailer Concessions: No DOM; 128 ADOM: 128 Listing Date: 06/07/2009 Owner VANDERSCHUIT FAMILY TRUST Under Contract Date 09/16/2009 TS%: 3 BB%:3 Variable Comm: No Original List Price: 795,000 Falithrough Date: Flat Fee: No LA: Tara Young BJ Adams and Company -Aspen 970-922-2111 970-309-7131 Cara@bjac.net $A: Carol Hood Mason & Morse Real Estate - Aspen 970-379-0676 970-379-0676 carol@masonmorse.com Information is deemed to be reliable, but R not guaranteed. See copyright notice, Prepared by Greg Hunter on Monday, October 19, 2009 10:33 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Address! 014 Waters Avenue N10 Aspen, CO 81611 Status: Active Asking Price: $949,000 P n ' A' `'� 'FY"�""` List Number: 112665 List Price Per/SF: 1,218.23 .'es rxi�i'ia r� � :• ' Type: Condo Lv Ht SgFh 779 F-i4. I!!jii ' Area: 01CC-Central Core LvHtSgFt(Abv Grni 779 �" Major Area: Aspen LvHtSgFt (81w Grnd): Sub/Loc: 914 Waters Unfinished SgFt: 0 - ,y+ . i County: Pifkin Total SgFt: 779 ' llt4c.i Bedrooms: 2 Pt/Dk SgFu Baths: 1 Garage Sq Ft: r Half Baths: 1 Lot Si t: Lot Size: Unknown Nbr of Acres: 0 rr. l; � x „ Acreage: Unknown Year Built: 1998 ' Garage: None Year Remodeled: Furnished: Yes Zoning: �iluPllii' LI A'-l`rili ' L;.1 t4?F +ILi Levels: 2 Lead Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: 1038. Account#: R017329 Taxes: 1,705.12 Earnest$/-/: $40.000. Parcel M 273718263019 Tax Year: 2008 Earnest $ Payable To: title company Under Construction: No Transfer Tax: Yes Special Assessments: none Pre -Fabricated Home: No Short Sale: No ShortTermable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Familv Room Den/st.,i lhrary ! .,,.,n.,.n uu!h, a.,,..., Public Remarks: Beautifully decorated and top of the line finishes. Two and a half blocks to the gondola! Remodeled in 2007 and 2008. Wood burning fireplace. Inclldes a deeded off-street parking space. Locker and ski storage. Quiet street and well -maintained building. Directions: Cooper Avenue to West End Street, left on Waters Avenue Addendum: Legal: 914 Waters Condo, Unit 19 Agency: Gas: Roof: Compositions Const/Exterior: Frame HOA Amenities: Shingle Cooling: None HOA Fees Includes: Substructure: Condition: Excellent Heating: Baseboard; Electric Sign: Carport: Inclusions: Ceiling Fan; Dishwasher; Microwave; Range; Refrigerator; Window Showing Instructions: Documents on File: Coverings Sanitation: Sewer Disclosures: No Dogs Location Amenities: Style: Two Story Electric: Yes Laundry Facility: Terms Offered: Cash Exclusions: Mineral Rights; Unit Faces: Extras: Cable TV; Landscaping; Parking Area: 1 Car Water Rights: Patio/Deck Possession: DOD Water: City Fireplace: Wood Member Association: Aspen Association Sold Prier/SF; Price P 0 DOM: 67 ADOM: 67 Listing Date: 08113/2009 Owner Patton Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 949.000 Fallthrough Date: Flat Fee: No LA: Peggy Margolin Morris 8 Fyrwald, Sotheby's Intl Realty 970-925-6060 970-379-1839 margolint]r. sopris.nxt Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 200S 11:36 AM The information an this sheet has been made available by the MILS and may not be the listing of the provider. Property Type: RES w/Improvments Address' Tit F rhimnt Avenue Unit 413 Atpan, CO 81611 Status: Active Asking Price: 5995,000 List Number: 112143 List Price PerISF: 1,193.05 Type: Condo Lv HtS Ft: 834 Area: 01 CC -Central Care LvHtS FtAbv Gmd ): Q ( I, , -t Major Area: Aspen LvHtSgFt(Biw Grnd): Tla„ Sub/Loc: Chat Chaumont Unfinished SgFt 0 Yii �; 1 a�'^ I County: Pitkin Total SgFt: 834 Bedrooms: 2 Pt/DkSgFt: Baths: 2 Garage SgFt: a'lR Half Baths: 0 Lot SgFt: Lot Size: Unknown Nbr of Acres: 0 tq Acreage: Unknown Year Belli: 1968 Garage: None Year Remodeled: 1997 Furnished: Zoning: Levels: Lead Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: $1,675.12 Account #: R001469 Taxes: 2,521.48 Eamest $/%: 5% of Purchase Px Parcel #: 273718210031 Tax Year: 2008 Earnest $ Payable To: Title Company Under Construction: Transfer Tax: Yes Special Assessments: N Pre -Fabricated Home: No Short Sale: No Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Public Remarks. Completely remodeled, this 2 bedroom 2 bathroom condominium features hardwood Floors, a wood burning fireplace, granite countertops and stainless steel appliances. With an excellent location within walking distance to the gondola, one has convenient access to all Aspen has to offer. Fully furnished and equipped, this unit is a great rental property. The complex features an outdoor hot tub and heated garage. Directions: Durant 8 Original Addendum: Contingent upon Rentals in Place Legal: Subdivision: Chateau Chaumont Unit #13 Agency: Excl Right to Sell Gas: None Roof: Const/Exterior: Brick; Frame HOA Amenities: Pets Allowed/Owner Substructure: Cooling: HOA Fees Includes: Cable; Snow Removal; Trash Removal; Unit Electric Sign: Condition: Excellent Heating: Baseboard; Electric Showing Instructions: Call Listing Office Carport: None Inclusions: Sanitation: Sewer Documents on File: Location Amenities: Style: Other Disclosures: Laundry Facility: Area Terms Offered: Cash; New Loan Electric: Yes Mineral Rights: Unit Faces: Exclusions: Parking Area: Common Water Rights: Extras: Hot Tub/Spa Possession: DOD Water. City Fireplace: Wood Member Association: Aspen Association Sold Price PerISF: 0 DOM: 103 ADOM: 1 D3 Listing Date: 07/08/2009 Owner Ajax Mtn Investments, LLC Under Contract Date TB%: 3 55%:3 Variable Comm: No Original List Price: 1,000,000 Fallthrough Date: Flat Fee: No LA: Tim Clark Frias Properties of Aspen 970-920-2000 970-379-2250 lini@17riasproperties.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:36 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. 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Type: Condo Lv Ht SgFt: 710 Area: 01CC-Central Core LvHtSgFt (Abv Grnd): • !� -,�k� Major Area: Aspen LvHtSgFt (Bice Grnd): Sub/Loc: Silver Glo Unfinished SgFt: 0 ge' I County: Pitkin Total SgFt: 710 �Y llia;,.,'�, i. r Bedrooms: 2 Pt1Dk SgFt: k �• - s. Baths: 2 Garage SgFk `-'•- '+: Half Baths: 0 Lot SgFb _? ' Lot Size: Unknown Nbr of Acres; 0 Acreage: Unknown Year Bulk: 1970 Garage: None Year Remodeled: 2006 f Furnished: Yes Zoning: Levels: Lead Certified: Payment Per: Year Short Termable: Yes HERS Energy Rating: HOA Dues: 7582 Account* R001417 Taxes: 1.132.24 Earnest$1%: 5%purchase price Parcel 9; 273718261034 Tax Year: 2007 Earnest $ Payable To: Pitkin County Title Under Construction: No Transfer Tax: Yes Special Assessments: none Pre -Fabricated Home: No Short Sale: No Short Tamable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Public Remarks: ONE OF THE BEST DEALS IN TOWN! Lovingly renovated and exquisitely furnished 2 bedroom and 2 bath unit, wood burning fireplace, views. Great rental unit walking distance to Aspen Mountain. In -town shuttle service, ample parking, swimming pool, ski storage and onsile management offered. Directions: East Durant to West End Ave, turn right to waters Ave turn left. Silver Glo is 112 block down on left. Unit is middle of 2nd floor. Addendum: All art work, rugs excluded from sale (but negotiable). Inventory on file. Rental pro forma on file. Parking is not deeded, first come first served in lot or on street parking. Legal: Condo: Silver-Glo Unit 2F Desc: ADA unit 206 Agency: Excl Right to Sell Gas: Roof: ConsUExterior: HOA Amenities: Bus/ShuttleService; Front Desk; Locker Ski Storage; On- Substructure: Cooling: None Site Management: Pets Allowed/Owner Sign: Yes Condition: Excellent HOA Fees Includes: Grounds Maintenance; Management; Snow Removal Showing Instructions: 24 Hour Notice; Call Carport: Heating: Baseboard Listing Office; Occupied Documents on File: CC & IT% Inclusions: Dishwasher; Microwave; Range: Refrigerator; Window Coverings Sanitation: Financials Location Amenities: Cul-de-Sac: Exposure, Southern; Views Style: Disclosures: Right of 1st Laundry Facility: Common Terms Offered: Refusal Mineral Rights: Unit Faces: South Electric: Parking Area: Common Water Rights: Exclusions: See Remarks Possession: DOD Water: City Extras: Hot Tub/Spa; Pool Member Association: Aspen Association Fireplace: Wood Sold Price Per/SF: DOM: 151 ADOM: 151 Listing Date: 05/21/2009 Owner Christie -Horn Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 873,000 Fallthrough Date: Flat Fee: No LA: Raifiel Bass Morris & Fyrwald, Sotheby's Intl Realty 970-925-6060 970-948-7424 raifie.bass@sothebysrealty.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:36 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/improvments Addrass: 040 C WaI&S N001 Air .., DO 81011 Status: Active Asking Price: $895,000 List Number: 107792 List Price Per/SF: 1,282.23 A,- Type: Condo Lv Fit SgFt: 698 Area: 01CC-Central Core LvHISgFt(Abv Grnd): 698 '` '` `' k`•i '3a Major Area: Aspen LvHtSgFt (Biw Grnd): 0 r i Sub/Loc: Silver Glo Unfinished SgFt 0 ay ;iiai "I County: Coun ty: Pitkin Total 5 F 698 ,i; Bedrooms: 2 PUDk SgFt 0 Baths: 2 Garage SgFt: 0 ra Half Baths: 0 Lot 5gft: 0 •�; Lot Size: Unknown Nor of Acres: 0 _ Ija Acreage: Unknown Year Built: 1970 p Garage: None Year Remodeled: Furnished: Yes Zoning: mf Levels: 0 Lead Certified: Payment Per: Ouarter Short Termable: Yes HERS Energy Rating: HOA Dues: 1815.00 Account#: R00892 Taxes: 1,415.28 Earnest$f%: 5% Parcel #: 273718261020 Tax Year: 2008 Earnest $ Payable To: Pitkin County Title Under Construction: Transfer Tax: Yes Special Assessments: 0 Pre -Fabricated Home: No Short Sale: No Short Termable: Yes Bedrooms Living Room Dining Room Kltchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Main 2 1 1 1 2 0 0 0 0 Public Remarks: Top -Floor corner unit. The complex has a pool and on -site management. Great short-term rental property. Close to downtown Aspen and the gondola. Seller is a licensed Colorado real estate broker. Directions: 940 E Waters -Top Floor Addendum: Legal: Unit 3-A AKA Unit 301, Silver Glo Agency: Excl Right to Sell Gas: None Roof: Membrane ConsgFxterior: Frame HOA Amenities: Conference Facility; Front Desk; On -Site Management; Pets Substructure: Slab Cooling: None Allowed/Owner Sign: No Condition: Good HOA Fees Includes: Grounds Maintenance; Insurance; Management; Snow Showing Instructions: Call Carport: None Removal: Trash Removal Listing Office Documents on File: CC 8 R'B; Inventory Heating: Baseboard; Electric Sanitation: Sewer Disclosures: Right of 1st Refusal; Seller Lic Inclusions: Dishwasher; Microwave; Range; Refrigerator; Window Coverings Style: Other RE Agent Location Amenities: Views Terms Offered: Cash Electric: Yes Laundry Facility: Common Unit Faces: East Exclusions: Mineral Rights: No Water Rights: No Extras: Cable TV; Patio/Deck; Pool Parking Area: Common Water: Fireplace: Possession: DOD ' Member Association: Aspen Association Sold Price Per/SF: p DOM: 381 ADOM: 381 Listing Date: 10M3/2008 Owner Van Bilderbeek Under Contract Date TB%: 3 BB%: 3 Variable Comm: No Original List Price: 995,000 Falithrough Date: Flat Fee: No LA: Charley Podolak Chaffin Light Real Estate Aspen 970-925-2811 970-948-0100 cpodolak@cire.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19. 2009 11:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/lmprovments Address: 901 C I ly,,,a, Avenue 2 AeNen, CO 81611 Status: Closed Asking Price: 5895,000 List Number: 111385 List Price Per/SF: 964.44 Type: Condo Lv Ht Sq Ft: 928 Area: 01 CG-Central Core LvHtSgFt (Abv Grnd): 0 aI i �I u1)v'e I Major Area: Aspen LvHtSgFt(Slw Grind); 0 Jet- i� s: e• q Sub/Loc: Chateau Blanc Unfinished S Ft: q 0 is o-...-.r.,... t County: Pitkin Total SgFh 928 !� �' rl :i nlwi , - khG Bedrooms: Baths: 2 2 PtlDk SgFt: Garage SgFt: 0 0 v Half Baths: 0 Lot S Ft: 0 Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1965 rh r Garage: Common Year Remodeled: 2006 Furnished: Zoning: Levels: 1 Lead Certified: Payment Per: Quarter Short Termable: HERS Energy Rating: HOA Dues: 867.00 Account g: R001272 Taxes: 1,659.36 Earnest $1%: 30,000 Parcel 0: 273718231013 Tax Year: 2007 Earnest $ Payable To: Stewart Title of Aspen Under Construction: Transfer Tax: No Special Assessments:0 Pre -Fabricated Home: No Short Sale: No Short Termable: Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/Study/Library Laundry/Utility Room Main 2 1 1 1 2 0 0 0 1 Public Remarks: Beautifully remodeled & furnished. Additional remodeling in May/June'09 to include new, open, bright mirror & glass entrance. Top of the line granite counters, steam shower, 6 f. Jacuzzi tub, 5 flat screen TV's, private entrance, washer & dryer in unit, custom fireplace & bay window. Just steps from the Gondola. 2 bdmJ2 bath w/ GREAT OWNER FINANCING! 4.5% first yr, 5.5% second yr, 6.5% remaining for 10 years, 30 yr AM. Directions: Corner of Hyman and West End Agency: Excl Right to Gas: Roof: Sell HOA Amenities: On -Site Management Substructure: Const/Exterior: HOA Fees Includes: Grounds Maintenance; Snow Removal; Trash Sign: Cooling: Removal Showing Instructions: Call Listing Office: Shad Notice: Condition: Heating: Vacant Carport: None Inclusions: Sanitation: Documents on File: Location Amenities: Style: Disclosures: Laundry Facility: Terms Offered: Cash; Seller Finance Electric: Mineral Rights: Unit Faces: Exclusions: _ Parking Area: Common Water Rights: Extras: Possession: DOD Water: Fireplace: Member Association: Aspen Association Sold Price: 895,000 Sold Date: 091232009 How Sold: Owner Will Carry Sold Price PerfSF: 964.44 1 Proposed Close Date: 0911512009 Seller Concessions: No DOM: 260 ADOM: 260 Owner Kra(ian TB%:3 BB%:3 Original List Price: 995,000 Fallthrough Date: LA: Ralph Braden Chaffin Light Real Estate Aspen SA: Ralph Braden Chaffin Light Real Estate Aspen Listing Date: 06/01/2009 Under Contract Date 08/12/2009 Variable Comm; No Flat Fee: No 970-925-2811 rbradennaa-,c!re.com 970-925-2811 rbradenQacire.com Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 200911:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider. Property Type: RES w/Improvments Address! 926 Waterc Avenue #101 Aopon, CO 81611 Status: Closed Asking Price: S995,000 List Number: 109722 List Price Per/SF: 836.13 Type: Condo LvHtSgFt. 1,190 m 'l12 Area: 01 CC -Central Core LvHtSgFt (Abv Grind): I Major Area: Aspen LvHtSgFt(Blw Grnd): Sub/Loc: Chateau Snow Unfinished SgFt: County: Pitkin Total SgFt: 1,190 Bedrooms: 2 PUDk SgFt: Baths: Half Baths: 2 0 Garage SgFt: Lot SgFt: 0 �I ggi,,r Lot Size: 0 - 3,000 Nbr of Acres: 0 Acreage: Refer to Lot Size Year Built: 1969 Garage: None Year Remodeled: Furnished: Zoning: rid 6 "''!'i l Air t• ,- et+ i.l Levels: Lead Certified: Payment Per: quarter Short Termable: HERS Energy Rating: HOA Dues: 2567.00 Account #: R000629 Taxes: 2,321.32 Earnest $Py : per Seller Parcel #: 273718261013 Tax Year: 2007 Earnest $ Payable To: Title Company Under Construction: Transfer Tax: Yes Special Assessments: Pre -Fabricated Home: No Short Sale: No Short Termable: Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Denl5tudylLibrary Laundry/Utility Room Public Remarks: Extra large ground floor 2bd/2ba condo in small 7 unit complex. Walking distance to downtown Aspen. Sun room type windows enhance the Irving/dining areas. Clean and neat with South -facing views towards Aspen Mountain. Excellent value! Directions: When driving South on Original, turn left on East Durant, Turn Right on S West End St then Left on Waters Ave. Addandum: Legal: CONDO: Chateau Snow Unit 101 Agency: Excl Right to Gas: Natural Gas Roof: Membrane Sell HOA Amenities: Pets Allowed/Owner Substructure: Finished ConstlExterior: Frame HOA Fees Includes: Cable; Contingency Fund; Firewood; Grounds Maintenance; Insurance; Basement Cooling: None Management; Sewer; Snow Removal; Trash Removal; Unit Heat; Water Sign: Condition: Excellent Heating: Baseboard; Gas; Hot Water Showing Instructions: Call Carport: None inclusions: Dishwasher; Freezer; Microwave; Range; Refrigerator; Window Coverings Listing Office Documents on File: CC Location Amenities: Exposure. Southern: Gentle Topo; Views Sanitation: Sewer & R's Laundry Facility: Common Style: Contemporary Disclosures: Right of 1 st Mineral Rights: No Terms Offered: Cash Refusal Parking Area: 1 Car Unit Faces: South Electric: Yes Possession: DOD; Subject to Lease Water Rights: No Exclusions: Member Association: Aspen Association Water: City Extras: Cable TV; Sauna Fireplace: Wood Sold Price: 885,000 Sold Date: 05/21/2009 How Sold: Cash Sold Price Per/SF: 743.7 Seller Concessions: No DOM: 94 ADOM: 94 Listing Date: 02/16/2009 Owner Nila J. Wells Living Trust Under Contract Date 04/0612009 TB%: 2.75 BS%: 2.75 Variable Comm: No Original List Price: 995,000 Falithrough Date: Flat Fee: No LA: Brian Hazen Mason & Morse Real Estate - Aspen 970-925-7000 970-379-1270 hhazen rr rof.11et SA: Bill Stirling Stirling Homes Inc. 970-948-8287 970-948-6287 billf4surlinghomesinc.cem Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:37 AM The information on this sheet has been made available by the MILS and may not be the listing of the provider. Property Type: RES wlimprovments Addrrgs- Rnn S Mill St 111205 Arpen, CO 81611 Status: Closed Asking Price: $895.000 List Number: 104949 List Price Per/SF: 1.171.47 Type: Condo Lv Ht SgFt: 764 Area: 01 CC -Central Core LvHtSgFt (Abv Grnd): 764 Major Area: Aspen LvHtSgFt(Blw Grnd): 0 �I��iiy Sub/Loc: Fifth Ave Condo Unfinished SgFC M. County: Pitkin Total SgFt: 764 Bedrooms: 2 PUDk SgFt: 0 Baths: 2 Garage SgFt: 0 Half Baths: 0 Lot SgFt: 0 Lot Size: Unknown Nbr of Acres: 0 Acreage: Unknown Year Built: 1965 Garage: None Year Remodeled: 2007 Furnished: Yes toning: RMF ICR' • ' ddeaFadSPirdi Levels: 2 Leed Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: 1745.00 Account#: R004946 Taxes: 2,565.88 Earnest $I%: 5% Parcel #: 273718276031 Tax Year: 2008 Earnest $ Payable To: Pitkin County Title Under Construction: No Transfer Tax: Yes Special Assessments: Possible Pre -Fabricated Home: No Short Sale: Short Tamable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den[Study]Library Laundry/Utility Room Main 1 1 0 1 1 0 0 0 0 Upper 1 0 0 0 1 0 0 0 0 Public Remarks: This 2 bed / 2 bath is truly one of 5th Ave's Gemsl Peaked ceilings and lots of windows, excellent upgrades, comfortable living space and furnishings. Amenities include ski access, heated pool hot tub, off street parking, & wireless internet. Directions: The 5th Avenue condos are located at the top of Galena and Mill Sts, Addendum: Complex has building movement Disclosure. Legal: Unit 205, Bldg, D. 5th Avenue Agency: Excl Right to Sell Gas: None Roof: Compositions Const/Exterlor: Frame HOA Amenities: Locker Ski Storage; Pets Allowed/Owner Shingle; Membrane Cooling: None HOA Fees Includes: Cable; Contingency Fund; Firewood; Grounds Maintenance; Substructure: Crawl Condition: Excellent Insurance; Management; Road Maintenance; Sewer; Snow Removal; Trash Removal; Unit Space Carport: None Heat: Water Sign: No Documents on File: CC & R's; Heating: Baseboard; Gas; Hot Water Showing Instructions: Financials: Inventory Inclusions: Ceiling Fan; Dishwasher; Microwave; Range; Refrigerator; Window Coverings Call Listing Office Disclosures: Right of 1st Refusal; Location Amenities: Ski Out Access; Views Sanitation: Sewer Other Laundry Facility: Common Style: Contemporary Electric: Yes Mineral Rights: No Terms Offered: Cash; Exclusions: Parking Area: Common New Loan Extras: Cable TV: Hat TublSpa; Possession: DOD; Subject to Lease Unit Faces: North Landscaping; Lawn Sprinklers: Pool Member Association: Aspen Association Water Rights: No Fireplace: Wood Water: City Sold Price: 850,000 Sold Date: 04/03/2009 How Sold: Cash Sold Price Per/SF: 1,112.57 DOM; 325 ADOM: 325 Listing Data: 05/1312008 Owner Patrick Under Contract Date 03/072009 TB%: 3 BB%: 3 Variable Comm: No Original List Price: 1,395.000 Fallthrough Date: Flat Fee: No LA: Douglas Nehasil BJ Adams and Company -Aspen 970-922-2111 970-379-1148 doug@bjac.net SA: Chris Giuffrida Chaffin Light Real Estate Aspen 970-618-1136 970-618-1136 AspenProperty.Chris@gmail.aoin Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:37 AM The information on this sheet has been made available by the MILS and may not be the listing of the provider. Property Type: RES w/lmprovments Addreaa: 611 S Woct End 6 Aopon, CO 81611 Status: Closed Asking Price: $875,000 1 ` !I+Vi+l List Number: 103565 - List Price PerfSF: 1,579.42 II+I'Y +li Type: Condo Area: 01CC-Central Core Lv Ht SgFt: 554 LvHtSgFt (Abv Grnd): 0 - Major Area: Aspen LvHtSgFt (Blw Grnd): 0 Sub/Loc: Little Nell Unfinished SgFt: County: Pitkin Total SgFt: 554 Bedrooms: 1 Pt/Dk ScI t 0. Baths: 1 Garage SgFt: 0 + t Half Baths: 0 Lot SgFt: Lot Size: Unknown Nbr of Acres: 0 +III t Acreage: Unknown Year Built: 1968 i Garage: None Year Remodeled! 2007 gi C' rinli1g...{ h?x Furnished: Yes Zoning: a } '1.1t..SK't61p nr +n{I Levels: 0 Lead Certified: Payment Per: Quarter Short Termable: Yes HERS Energy Rating: HOA Dues: 776.00 Account#: R005139 Taxes: 1,561.36 Earnest$/%: 50,000 Parcel 0: 273718260002 Tax Year: 2007 Earnest $ Payable To: Title Cc Under Construction: No Transfer Tax: Yes Special Assessments: tbd Pre -Fabricated Home: No Short Sale: Short Termable: Yes Bedrooms Living Room Dining Room Kitchen Full Bath Half Bath Family Room Den/StudylLibrary Laundry/Utility Room Public Remarks! Just a couple of blocks to the gondola. Lovely top Floor comer unit with views of Aspen Mtn. Vaulted ceilings and a private deck. Storage closet and assigned parking. Very cozy unit. Dogs and cats allowed. Directions: E on Durant. Right on S.West End. Lithe Nell Condo is on the right Addendum: Call listing office for all showingsVery easy to show. Legal: Little Nell Condo 5 Agency: Excl Right to Sell Gas: Roof: Const/Exterior: HOA Amenities: Substructure: Cooling: HOA Fees Includes: Sign: No Condition: Excellent Heating: Showing Instructions: Call Listing Office; Short Carport: Inclusions: Dishwasher; Dryer; Range; Refrigerator; Washer; Window Notice Documents on File: Coverings Sanitation: Sewer Disclosures: Right of 1st Location Amenities: Style: Refusal Laundry Facility: Area Terms Offered: Cash Electric: Mineral Rights: Unit Faces: Excluslons: Parking Area; 1 Car Water Rights: Extras: Cable TV; Patio/Deck Possession: DOD Water: Fireplace: Wood Member Association: Aspen Association Sold Price: 775,000 Sold Date: 01/28/2009 How Sold: Conventional Variable Sold Price Per/SF: 1,398.92 DOM: 326 ADOM: 326 Listing Dale: 03108/2008 Owner Davis Under Contract Date 12/21/2008 TB%: 2.5 BS%: 2.5 Variable Comm: No Original List Price: 1,150,000 Fallthrough Date: Flat Fee: No LA: Nicole Lewis Carol Dopkin Real Estate 970-920-1186 970-948.1172 lewisjandn@aoi.com COLA: Carol Dopkin Carol Dopkin Real Estate 970-618-0187 970-618A187 carolacaroldopkin.com SA: Out Area Out of Board Jurisdiction Information is deemed to be reliable, but is not guaranteed. See copyright notice. Prepared by Greg Hunter on Monday, October 19, 2009 11:37 AM The information on this sheet has been made available by the MLS and may not be the listing of the provider.