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Home My WebLink AboutLand Use Case.330 E Main St.0048.2008.ASLU~. ~, r THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0048.2008.ASLU NO PARCEL 330 E. MAIN STREET ANDREA HINGLEY INSUBSTAINIAL PUD AMENDMENT SUNNY VANN 11 /10/2008 CLOSED BY Angela Scorey on 03/18/2009 6170 6 Ret k ~ - NO PARCELÂ« D 0048.2008.ASLU ~ E MAIN ST PUD AMENDMENT I 360 . 6/2447 5 c**0, Â»â‚¬b 41 1 4 14- THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0048.2008.ASLU PARCEL ID NUMBER NO PARCEL PROJECTS ADDRESS 330 E. MAIN STREET PLANNER ANDREA HINGLEY CASE DESCRIPTION INSUBSTAINIAL PUD AMENDMENT REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 11/10/2008 CLOSED BY Angela Scorey on 03/18/2009 14 0 Fa-cjz-~ - 0 0 (48 -2008. AS L LI (51 Permits [ile Kdit Becord Navigate Fgrm Reports Format Lab tlelp 91 6 --1 2 JI! 14 4 B W O Â£] 0& 1 imp 1 2 Â·0~ 9 ' 0 3 41 6 1 21 0 0 . d. 4 j Main| Custom FjeIds | Attachments| FolioF Up Notifications | Fees | Londitions | Actions | Fee Summar2 | Parcels | Sub Eermits | Routing klistory ~ Royting Status 1 Maluatic Permit Type ~aslu _~Aspen Land Use Permit # |0048.2008.ASLU Address |330 E MAIN ST Â® Apt/Suite ~ City 1AS PEN State [COv] Zip ~81611 g| Permit Information -W- Master Permit | .2 Routing Queue ~aslu07 Applied ~6Â£20/2008- _] Proiect ~ g| Status ~pending Approved | Description 1STAFFAPPR0VALS -INSUBSTANTIAL PLANNED UNIT DEVELOPMENT (PUD) Issued ~ __,1 IAMENDMENT Final ~ _] Submitted @UNNY*ANN 925-6958 Clock [Running Days 1-1 Expires |10/15/2009 -~ Owner --- Last Name ~CLP-ELYSIAN ASPEN OWNEF ~ Fust Name | 430WERIEST SUITE 501 Phone ~ CHICAGO IL 60610 12 Owner Is Applicant? Applicant 0 , Last Name ~CLP-ELYSIAN ASPEN OWNEt g~ Fust Name ~ ~0* Â©IE ST Phone~ Cust # *8429 g| iCHICAGO IL 60610 Lender - Last Name | g| Fist Name | Phone~ AspenGold(b] Edit Check # 1138 LCP-Elysian Aspen, LLC. 430 W. Erie Street. Suite 501. Chicago, IL 60610 $735.00 Receipt # 24533 CÂ»t- \2 *ticb C.9 - 0-0 Â©40 L 02 Â»Ce ~ xoqlool sdnoJ~ gel AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE 3 2 Â· M a-tâ€ž 99 ADDRESS OF PROPERTY: 3 00 . , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, AÂ»Â£3 â‚¬fÂ« <E>r- rif-â‚¬jll (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. SignatuÂ¢e The foregoing "Affidavit of Notice" was acknowledged before me this (7 day of NoÂ¢eenDÂ« , 200â‚¬,by -A~n-=~ ct- 6 c<-r â‚¬ c 0 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE , of My commission expires: oK /1 6 ,/201, 0 DEVELOPKIENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Cod-, ot the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertain Notary Public O ing to the following described properly: 300 E. Main St., also known as The Hotel Jerome, by the order 8emAFf, 2008 #ye appÂ®an~receiverd ~top~ova~ -,0â‚¬EEX an Insubstantial PUD Amendment for the conver mon of an office into a rentable unit. 42. .0 M Ch .. For further information contact Andrea Hingley, at the City of Aspen Community Development Dept. ATTACHMENTS: Â·. 130 S. Galena St, Aspen, Colorado (970) 429-2797. < LAURA i s/ City of Aspen COPY OF THE PUBLICATION 1 MEYER i Published in the Aspen Times Weekly on Novem ..e ber 16, 2008. (2545751) OF CCLCV My Commission Expires 08/10/2010 V J - vi luu/, ...1/,L.W.U ' Wl,VgM'., , ,MENDED BY ORDINANCE NO 15, SERIES OF 2008. VHEREAS, the City of Aspen (the "City") is a legally a xisting municipal corporation under the provisions of & ado and the home rule charter of the City (the tharter" VHEREAS, the City of Aspen currently regulates lar .hapter 26.104 et seq. of the Aspen Municipal Code p nd the Local Government Land Use Control Enabling :.R.S; and 1HEREAS, the City Council of th~ City of Aspen enact! lumber 51, Series of 2006, as amended pursuant k mended pursuant to Ordinance Number 26, Series q lumber 37. Series of 2007, and as amended pursuant 1 ursuant to Ordinance 15, Series of 2008: and, /HEREAS, Section 7 of Ordinance Number 51. Serie matonum to be extended by City Council through the a /HEREAS, the City Council reaffirms the reasons for il 3nt land use applications seeking Development Orders onsistent with the goals and vision as expressed by thi ig the following negative effects upon the community: Recent development activity indicates potential negati k character of certain structures, including their interio Recent development activity indicates potential negati, uildings and structures within the commercial core of th, VHEREAS. the City Council.and the CommuniW Depa THE CITY OF AspEN Land Use Application Determination of Completeness Date: October 24,2008 3 St), Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it fyflompleteness. The case number and name assigned to this property is 0048.2008.ASLU (300 E. Main - Hotel Jerome. The planner assigned to this case is Andrea Hingley. O Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. -4211Â¥our Land Use Application is complete: ," If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thpk-You, MAJ J ennifer PhetaÂ¢, Deputy Director City o f Aspdrrf Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc Lo ED â€¢- . 7 4 VANN ASSOCIATES, LLC Planning Consultants October 17, 2008 HAND DELIVERED Mr. Chris Bendon, Director Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: The Hotel Jerome Insubstantial PUD Amendment Dear Chris: Please consider this letter an application for an insubstantial PUD amendment for The Hotel Jerome Planned Unit Development (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land Use Regulations (the "Regulations") by CLP-Elysian Aspen, LLC (hereinafter "Applicant"), the owner of the property (see Exhibit 2, Title Policy). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. A land use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Background In December of 2006, the City Council adopted Ordinance No. 42, Series of 2006, which amended the Hotel Jerome' s prior PUD approvals. The amendment approved an extensive renovation of the existing Hotel, an expansion of its existing net leasable area, the reconfiguration and renovation of its Main Street and Mill Street courtyards, and the elimination of a prior condition that a portion of its parking garage be reserved for Hotel employees. The amendment also approved the renovation of the existing Cortina Lodge to meet the Hotel's additional affordable housing mitigation requirements. The Historic Preservation Commission ("HPC") granted final development plan approval for the Hotel's renovation pursuant to Resolution No. 37, Series of 2006, which was also approved in December of 2006. Minor development approval for the 230 East Hopkins Ave. Â· Aspen, Colorado 81611 Â· 970/925-6958 Â· Fax 970/920-9310 4 .-. V Mr. Chris Bendon October 17, 2008 Page 2 renovation of the Cortina Lodge was granted by the HPC in March of 2006 pursuant to Resolution No. 6, Series of 2006. A final PUD development plan and a PUD agreement for the project were recorded in January of 2007. As Article I, paragraph 1.2 of the agreement indicates (see Exhibit 6), the 2006 amendment essentially superseded all prior land use approvals pertaining to the Hotel. The agreement incorporated all pertinent provisions of City Council Ordinance No. 42 and HPC Resolutions No. 6 and 37. In the event of any conflict between the agreement and the ordinance and/or resolutions, the agreement governs. Proposed Amendment At the time of the 2006 PUD amendment, the Hotel Jerome contained 92 guest rooms. Approval, however, was granted for the conversion of an existing office area and a fitness room to two guest rooms. A total of 94 guest rooms was approved in 1986 and this total was confirmed in the 2006 amendment (see Article II, paragraph 2.2 and Article III, paragraph 3.1 of the agreement). No affordable housing mitiga- tion was required for the two additional guest rooms as mitigation was provided in 1986. As Article III, paragraph 3.3 of the agreement indicates, affordable housing mitigation was only required in connection with the proposed expansion of the Hotel' s net leasable commercial area. The additional mitigation is to be provided at such time as a building permit for the overall renovation of the Hotel is requested. The Hotel Jerome was purchased by the Applicant subsequent to the 2006 amendment approval. While the extensive renovation proposed by the Hotel's former owner is presently on hold, the Applicant would like to proceed with the conversion of the office area to a guest room as contemplated in the prior amendment approval. The area in question is depicted as room number 213 on the attached Existing Second Floor Plan (see Exhibit 7). The proposed reconfiguration is depicted in Exhibit 8. Arguably, no further amendment to the Hotel Jerome PUD is required to accommo- date the proposed conversion of the existing office area to a guest room. This insubstantial PUD amendment, however, is being requested to clarify that the various conditions contained in the 2007 PUD agreement need not be met in connection with the conversion, and that no affordable housing mitigation is required therewith. The conversion is limited to the interior of the room in question and HPC approval is not required. Review Requirements Pursuant to Section 26.445.100.A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD development plan 1 0 Mr. Chris Bendon October 17, 2008 Page 3 subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summarized below. 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the develop- ment. 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. The proposed amendment does not increase the Hotel' s site coverage. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. The proposed amendment does not increase trip generation rates or the demand for public facilities. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment will not reduce the project's approved open space. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. The proposed amendment will not reduce the project's approved parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in pavement widths or street rights-of-way are proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. The proposed amendment does not increase the Hotel's net leasable commer- cial area. ' Mr. Chris Bendon October 17, 2008 Page 4 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. This criteria is not applicable as the Hotel does not contain a residential component. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. As discussed above, the proposed conversion of the existing office area to a guest room was approved in connection with the 2006 PUD amendment. No variation in the Hotel' s approved use or dimensional requirements is proposed. Should you have any questions, or require additional information, please do not hesitate to call. Given the ministerial nature of the requested amendment, your timely review would be sincerely appreciated. The Applicant would like to complete the conversion this fall if at all possible. Yours truly, VANN/SOCIATES,LWâ€¢â‚¬* ~bunn1Vann, AICP 1 Sicwy i CC: John Merrill, Lodging Capital Partners Richard de Campo, Bill Poss and Associates d:\oldc\bus\city.app\app53908.ins 1,/ EXHIBIT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 9/24/08 PROJECT: The Hotel Jerome, 330 E. Main Street OWNER: CLP-Elysian Aspen Owner, LLC REPRESENTATIVE: Sunny Vann TYPE OF APPLICATION: Insubstantial Planned Unit Development (PUD) Amendment DESCRIPTION: The prospective applicant would like to convert an existing manager's office into a rentable lodging unit in the hotel. Currently there are 92 existing rooms and Ordinance No. 6 (Series of 2006) allows a maximum of 94 rooms. Ordinance No. 6 outlines a number of requirements that need to be met in order to apply for a building permit, but staff has determined that these requirements are associated with the large remodel proposed for the hotel and are not associated with the subject office/hotel room conversion. According to the applicant's representative, previous approvals allowed for the 94 rooms and any employee mitigation associated with the total allowed number of rooms has been accomplished. The applicant should provide documentation verifying that no employee mitigation is required as part of the application. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 A. Planned Unit Development - Insubstantial Amendment Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director (for administrative decision on the amendment request, unless it is determined that the application does not qualify as an insubstantial amendment). Public Hearing: No Planning Fees: $705.00. Deposit for 3 hours of stafftime (additional stafftime required is billed at $225 per hour) Total Deposit: $735.00 Total Number of Application Copies: Administrative Insubstantial PUD Amendment: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements r P affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Existing and proposed site plan, floor plans and elevations, as applicable. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. EXHIBIT 1 J SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT21324L3 May 25, 2007 @ 12:20 PM 354,000,000.00 A75-Z089838 1. NAME OF INSURED: LCP-ELYSIAN ASPEN OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: IN FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: LCP-ELYSIAN ASPEN OWNER, LLC. A DELAWARE LIMITED LIABILITY COMPANY 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PITKIN, STATE OF 1 COLORADO AND IS DESCRIBED AS FOLLOWS: See Attached Exhibit '*A" Countersigned: Authorized officer or agent PITKIN COUNn'Till.lt, INC 601 E. 1 [OPKINS AVE ASPEN, COLORADO 81611 (970) 023Â· 1766/(970).925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUST AGREE VMTH THE PREPRINTED NUMBER ON THE COVER SHEET I I SCHEDULE B-OWNERS CASE NUMBER DATE OF POLICY POLICY NUMBER PCT21324L3 May 25, 2007 @ 12:20 PM A75-Z089838 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 Any lien, or right to a lien, for services, labor, or material heretofore or hereafte:r furnished. imposed by law and not shown by the public records. 5. Water rights, claims or title to water. 6. Taxes for the year 2007 not yet due or payable. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 521 (Affects Parcel A) and Book 59 at Page 15, 159, 199, 200, 262 and 492 (Affects Parcel B), providing as follows: 'That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions and obligations as set forth in Notice of Historic Designation recorded January 13, 1975 in Book 295 at Page 515 and Ordinance 9, Series of 1982 recorded April 30, 1982 in Book 425 at Page 904 (Affects Parcei B) 9. Terms, conditions, provisions. obligations and all matters as set forth in Ordinance No. 60. Se:des of 1976 by recorded in Book 321 at Page 51. (Affects Parcel A) 10. Easements, rights of way and ail matters as disclosed on the Hotel Jerome Lot Line Adjustment and Subdivision Exemption Plat recorded June 12, 1991 in Plat Book 26 at Page 52. and Hotel Jerome Planned Unit Development recorded January 30,2007 in Plat Book 82 at Page 42. (Affects Parcel B) 11. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 5, Series of 1983 recorded May 17. 1983 in Book 445 at Page 81.(Affects Parcel B) 12. Terms, conditions, provisions and obligations as set forth in Encroachment Agreements recorded March 5, 1992 in Book 671 at Page 33. (Affects Parcel B) and recorded October 20,2005 as Reception No 516494 (Affects Parcel A). 13. Terms, conditions, provisions, obligations and al! matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded May 19, 2006 as Reception No. 524233 as Resolution No. 5, Series of 2006.(Affects Parcel B) 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Planning and Zoning Commission recorded October 26,2006 as Reception No. 530238 as Resolution No. 20 (Series of 2006) (Affects Parcel B> 15. Terms, conditions. provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded January 25,2007 as Reception No. 533744 as Resolution No. 37, Series of 2006. (Affects Parcel B) (Continued) 4 , POLICY NO. A75-ZC)89838 CASE NO. PCT21324L3 SCHEDULE B-OWNERS -EXCEPTIONS--CONTINUED- 16. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 42, Series of 2006 by Aspen City Council recorded January 30.2007 as Reception No. 533926. (Affects Parcel B) 17. Terms, conditions, provisions and obligations as set forth in 2007 Hotel Jerome PUD Agreement recorded January 30,2007 as Reception No. 533928. (Affects Parcel B) 18. Rights or claims of tenants as tenants only, with no option to purchase or rights of first refusal. 19. Deed of Trust from LCP-ELYSIAN ASPEN OWNER, LLC, A DELAWARE LIMITED LIABILITY COMPANY To the Public Trustee of the County of PITKIN For the use of : MORGAN STANLEY MORTGAGE CAPITAL INC. Original Amount $48,000,000.00 Dated : May 24,2007 Recorded . May 25,2007 Reception No. : 538266 20. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from LCP-ELYSIAN ASPEN OWNER, LLC, debtor to MORGAN STANLEY MORTGAGE CAPITAL INC.. secured party, Recorded May 25,2007 as Reception No, 538268. EXCEPTIONS NUMBERED 1, 2 ,3 AND 4 ARE HEREBY DELETED EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: LOTS P AND Q, BLOCK 73, CITY AND TOWNSITE OF ASPEN PARCEL B. A parcel of land situated in the City and Townsite of Aspen, Colorado, being all of Lots A, B. C. D. E F, G, H. 1,0, P, Q, R. S, and the East 20.00 feet of Lot N, all in Block 79 together with the East 170.00 feet of the Alley in said Block 79, Vacated by Ordinance No. 1 (Series of 1951) of the City of Aspen, Colorado, according to the Hotel Jerome Lot Line Adjustment and Subdivision Exemption Plat filed June 12. 1991 at Reception No, 331521, in Plat Book 26 at Page 52, also described as follows: Beginning at the Southeast Comer of said Block 79 (An aluminum disk marked 0'16129 McBride"): thence N 75*09'11" W 170.78 feet along the Northerly line of East Main Street to the Southwest Comer of the East 20.00 feet of Lot N: thence N 14'50'49" E 100.00 feet along the West line of the East 20.00 feet of Lot N, thence S 75Â°09'11" E, 0.78 feet along the South line of the Alley in said Block 79 to the West side of the Vacated portion of the Alley in said Block 79, thence N 14Â°5049" E 20.39 feet along the West side of the Vacated portion of the Alley in said Block 79: thence N 75'09'11" W 101.40 feet along the North line of the Alley in said Block 79: thence N 14'50'49" E 100.00 feet along the East line of North Monarch Street to the Northwest Corner of said Block 79: thence S 75Â°09'11' E 271,40 feet along the South line of East Bleeker Street to the Northeast Comer of said Block 79, thence S 14Â©50'49" W 119.39 feet along the West line of North Mill Street: thence S 75Â°09'11" E 0.50 feet: thence S 14Â°50*49" W 100.70 feet; thence N 75'09'11" W 0.50 feet: thence S 14Â°50'49" W 0.30 feet to the point of beginning. TOGETHER WITH Encroachment Agreements recorded March 5, 1992 in Book 671 at Page 33 (Affects Parcel B) and October 20. 2005 as Reception No. 516494 (Affects Parcel A). EXHIBIT 4 A FT--1 LCP-Elysian.Aspen: Owner, LLC r ::.:.::>. i 2~ j~ 43., September 30,2008 City of Aspen 130 S Galena St. Aspen, CO 81611 Re: Hotel Jerome PUD Amendment Application Representative Authorization To Whom It May Concern: Please accept this letter as authorization for representation in relation to the Insubstantial Planned Unit Development Amendment Application. The following is our authorized representative in this matter: Sunny Vann Vann Associates, LLC 230 East Hopkins Avenue Aspen, CO 81611-1938 P: 970-925-6958 Since;P, AL,U- 1<. Steve Kisielica Authorized Person 430 W Erie Suite 501, Chicago. IL 60610 Phone: 312.229.1600 Fax: 312.229.1611 www. lodginecapital.com EXHIBIT ED-~ LAND USE APPLICATION APPLICANT: Name: <scr - 60(e Afl Afrfga i <-Ul Location: '}7>70 a.1+vAl 4-E .431~'64 , <56 (Indicate street address, lot & blocinumber, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: Â«*) UÂ« \AN A 94}14 AfilkÂ«IEfS CUL Address: Et*> 6437 War=93/ 6.1% 4/ar. Ag:Ed 602/<.'/ Phone #: 125- casE I , PROJECT: Name: doreL _/arele /0-792>mÂ«#461<- FUT) Address: Avide,Ar-3 1,--164-i-- Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use E]~/Conceptual PUD U Conceptual Historic Devt. Special Review E Final PUD (& PUD AmendmeÂ® U Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use U Other: Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 466 irrt/09-17 CA-J PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 6=86 imc-/ cÂ«v A-1 HaxÂ«ou attached the following? FEES DUE: $ ~6- - G39>e-Application Conference Summary 63'Attachgent-#1, Signed Fee Agreement R[ Rgspofise to Attachment #3, Dimensional Requirements Form 0/*esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards m El 000000 Oct, 13, 2008 9;31 AM V, ASSOCIATES EXHIBIT . 1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and _uu-49*$44/ 4489 dâ‚¬C (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted.to CITY an apolication for / 699)nÂ£r*-ri-166 r=<bt> 24442.40-4 a-r-r (hereinafter, THE PROJECT), 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of at! processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $734- which is for_3' hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICAN7 By: By: ~~~2-2 Cabslkadon ~ '~ ~ 3 /|0 Â¥~ Community Development Director Date: Billing Address and Telephone Number: Reauired 410 vi . eÂ·fle: Er,: 4.tia EP4 â‚¬34,04i6-P k C.64-10 g:\support\forms\agrpayas.doc Wlits- 'Cdo 11/30/04 EXHIBIT 1 11111111111 fill' 11 111 lili 'Ill'llilli[lilli 1111 01/30/2007 02:24I 533928 Page: 1 of 23 71 JANICE K VOS CAUDILL PITKIN C-JNTY CO R 116.00 D 0.00 2007 HOTEL JEROME PUD AGREEMENT THIS 2007 HOTEL JEROME PUD AGREEMENT (the "2007 PUD Agreement") is made and entered into this 3 0 day of ~2.-n,+L/ , 2007, by and between THE CITY OF ASPEN, COLORADO, a municipal corboratioIl (heknafter referred to as "City"), and HOTEL JEROME, INC., a Delaware corporation (hereinafter referred to as "Owner"), WITNESSETH: WHEREAS, Owner has submitted to the City an application (the "Application") for a PUD Amendment to permit the renovation of the Hotel Jerome property located at 330 East Main Street in Aspen, Colorado, said property being more particularly described as Lots A-I and Lots O-S and the Easterly 20 feet of Lot N and the Easterly 170 feet of the vacated alley, all in Block 79, City and Townsite of Aspen, Pitkin County, Colorado (the "Hotel Jerome Property"), and the renovation of the Cortina Lodge property described as Lots P and Q, Block 73, City and Townsite of Aspen, Pitkin County, Colorado (the "Cortina Lodge Property") (collectively, the "Properly"), which application requests the approval and recordation of a Hotel Jerome Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan"); and WHEREAS, City has fully considered the Application, the Final PUD Development Plan, the proposed development and improvement ofthe Property, and the effects ofthe proposed development and improvement of said Property on adjoining or neighboring properties and property owners and on the Aspen community; and has detennined that the development proposal set forth in the Application meets or exceeds all applicable development standards and that the approval of the Application, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WIIEREAS, City has imposed certain conditions and requirements in connection with its approval of the Application and its approval and recordation ofthe Final PUD Development Plan, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfuIly perform the conditions and requirements imposed by City in approving the Application and the Final PUD Development Plan; and WHEREAS, under the authority of Sections 26.445.070.C and 26.480.070. C and D of the Aspen Municipal Code, City is entitled to certain financial guarantees to ensure (i) that the required improvements to the public right-of-way are installed and (ii) that the required landscaping is implemented and maintained, and Owner is prepared to provide such guarantees as hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this 2007 PUD Agreement, City and Owner have recorded the Final PUD Development Plan as Reception 1 11111111111 111111111 1111 111'llilli 1 01/30/2007 02: 24I 533928 Page: 2 of 23 JAN.CE K VOS CAUDILL PITK-N COL-Y CO R 116.00 D 0.00 No. 6505 227' in the Office ofthe Clerk and Recorder of Pitkin County, Colorado. NOW, TIIEREFORE, for and in consideration of the mutual covenants and agreements herein contained and the approval and acceptance for recordation by City of the Final PIJD Development Plan, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF 2007 PUD AGREEMENT 1.1 Purpose. The purpose of this 2007 PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the renovation of the Hotel Jerome and the Cortina Lodge and to enumerate all terms and conditions under which such renovatioils may occur. 1.2 Effect. It is the intent o f the parties that this 2007 PUD Agreement shall effectively supersede and replace in their entirety certain previously recorded plats, PUD agreements, protective covenants, and land use approvals that encumber the Hotel Jerome Property and/or the Cortina Lodge Property, including without limitation those matters identified in Article VI below (collectively, the "Prior Instruments and Approvals"), and City and Owner agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Instruments and Approvals. The parties anticipate that these recordings will take place contemporaneously with the recording of the Final PUD Development Plan. However, a delay in the recording of any such vacation/termination documents shall not affect or delay the recording of this 2007 PUD Agreement or the Final PUD Development Plan. All prior land use approvals associated with the Hotel Jerome Property that are not identified as Prior Instruments and Approvals in Article VI below shall remain unmodified hereby and in full force and effect. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolutions. (a) Pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11, 2006, the Aspen City Council granted final approval of a PUD Amendment for the Hotel Jerome including an extensive renovation of the existing Hotel Jerome, an expansion of the Hotel's existing net leasable commercial area, the reconfiguration and renovation of the Hotel's Main Street and Mill Street courtyards, and the elimination of a prior condition that a portion of the Hotel' s parking garage be reserved for Hotel employees. The PUD Amendment also approved the renovation of the existing Cortina Lodge to meet the Hotel's employee housing mitigation requirements. (b) Pursuant to Resolution No. 37 (Series of 2006) adopted on December 13, 2006, the City of Aspen Historic Preservation Commission (the "HPC") granted final development plan approval for the contemplated renovation of the Hotel Jerome. 2 533928 01/30/2007 02:24F Page: 3 of 23 JANICE K VOS J UDILL ,ITKIV COUNTY Co R 116.00 D 0.00 (c) Pursuant to Resolution No. 6 (Series of 2006) adopted on March 8,2006, the HPC granted minor development approval for the renovation of the Cortina Lodge. (d) This 2007 PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 42 and HPC Resolution Nos. 6 and 37. In the event of any inconsistency between the provisions of Ordinance No. 42, HPC Resolution No. 6 and/or HPC Resolution No. 37, and the provisions ofthis 2007 PUD Agreement, the provisions of this 2007 PUD Agreement shall control. 2.2 Dimensional Requirements for Hotel Jerome. Ordinance No. 42 established and approved the following dimensional requirements for the Hotel Jerome PUD: (a) Minimum Lot Size 47,735 sq. ft. (b) Minimum Lot Area Per Dwelling Unit N/A-No Dwelling Units (c) Maximum Allowable Density 94 Lodge Units (d) Minimum Lot Width* 170 feet (e) Minimum Front Yard Setback* None (f) Minimum Side Yard Setbacks* None (g) Minimum Rear Yard Setback* None (h) Maximum Height 54 feet at Northeast Comer of Existing Building (i) Minimum Distance Between Buildings N/A-Single Structure U ) Minimum Percent Open Space* Per Existing Conditions CO Trash Access Area Per P&Z Resol. No. 8-86 (1) Allowable Floor Area 114,934 sq. ft. Commercial: 15,985 sq. ft. Lodge Units: 59,214 sq. ft. Other: 39,735 sq. ft. (m) Minimum Off-Street Parking 47 spaces * Per Land Survey Plat dated October 24,2006 to be recorded with Final PUD Development Plan 2.3 Vested Rights. Under Development Order of the City of Aspen Community Development Department issued January 5,2007 with an effective date of January 14,2007 (the "Development Order"), the right to undertake and complete the development and use of the Hotel Jerome Property and the Cortina Lodge Property pursuant to the terms and provisions of this 2007 PUD Agreement and the Final PUD Development Plan is vested until January 14, 2010, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on December 11, 2006. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration ofthe Hotel's lodge units, the commercial areas, the parking 3 ill-li lilli Ilillilill illill .- 1.'ll I li ilill I illill 533928 Page: 4 of 23 01/30/2007 02:241 JANICE K VOS CAUDILL PI-1 KIN COUN-Y Co R 116.00 D 0.00 spaces, and the other spaces and areas in the Hotel Jerome; the number, permitted size, and configuration of the affordable housing units and the other spaces and areas in the Cortina Lodge; the number of employees mitigated by the Cortina Lodge; and all other matters set forth in Ordinance No. 42 (Series of 2006), HPC Resolution Nos. 6 and 37 (Series of 2006), the Hotel Jerome Final PUD Development Plan recorded-4,56447'35,2007 as Reception No. â‚¬0597,this 2007 Hotel Jerome PUD Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Section 2.3, this 2007 PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68- 104(2). ARTICLE In DEVELOPMENT REQUIREMENTS AND RESTRICTIONS - HOTEL JEROME 3.1 Hotel Jerome Component. The renovated Hotel Jerome will contain (i) 94 lodge units containing a maximum of 59, 214 square feet of floor area, calculated in accordance with the City's floor area regulations in effect on January 5,2007 (the date ofthe Development Order), which floor area regulations are attached hereto as Exhibit A and made a part hereof by this reference (the "Floor Area Regulations"), (ii) 14,891 square feet of net leasable commercial area, (iii) 47 parking spaces located in the Hotel garage, and (iv) various back-of-house facilities and areas containing a maximum of 39,735 square feet of floor area. The prior requirement that 27 ofthe Hotel's on-site parking spaces be reserved for Hotel employees is hereby fully and forever waived and tenninated. 3.2 Cortina Lodge Component. (a) The renovated Cortina Lodge will contain (i) four (4) studio units in the Lodge's one-story structure, ranging from 264 square feet to 299 square feet of net livable area, (ii) four (4) two-bedroom dormitory suites with a shared bath and individual closets in the Lodge's two-story structure, ranging from 535 square feet to 659 square feet of net livable area, and (iii) a common kitchen, dining area and laundry. The net livable areas set forth above are approximations only, and the final unit sizes will be in substantial conformity therewith. City hereby approves the foregoing variation of the Aspen/Pitkin County Housing Authority ("APCHA") minimum size requirements for Category 1 units. The renovated Cortina Lodge shall be credited with housing 21 employees. (b) The eight (8) affordable housing units in the Cortina Lodge (the "Affordable Housing Units") must be deed restricted to APCHA's Category 1 income and occupancy rental guidelines, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Hotel Jerome renovation. The deed restriction will be in substantial confonnity with the form of Deed Restriction attached hereto as Exhibit B and made a part hereof by this reference. The Deed Restriction provides that any units not rented to Hotel Jerome employees may be rented to any employee that qualifies under APCHA Guidelines. 4 533928 4 ' 111 lilli 1111-Ililli 111 11 1111111 Page: 5 of 23 01/30/2007 02:24F JANICE K VOS CHUCILL PITKIN CCJN,Y CO R 116.00 D 0.00 (c) The Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 15, 1988 in Book 581 at Page 332; Resolution No. 1 (Series of 1987) of the Aspen City Council recorded June 6, 1990 in Book 622 at Page 347; and the Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12,. 1991 in Book 648 at Page 373, will be deemEd fully and forever terminated Â®on the recording ofthe new Deed Restriction on the Affordable Housing Units, a copy of which is attached hereto as Exhibit B. (d) Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction Owner will convey a one-tenth of one percent interest in the Cortina Â· Lodge Property to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subj ect to the understanding and agreement of Owner and APCHA that (i) ownership of the APCHA Interest only gives Al?CHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give APCHA any authority or rights that are not specifically set forth in the deed restriction, (ii) in all other respects, APCHA shall be deemed to have no ownership interests, rights or responsibilities in connection with the Affordable Housing Units or the Cortina Lodge Property, and the record owner of the remaining interest in the Cortina Lodge Property shall have full right and authority to lease, encumber, or otherwise deal with the Cortina Lodge Property and the Affordable Housing Units therein as if such owner held a 100 percent ownership interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and Owner (and any successor or assign of Owner in the ownership ofthe Cortina Lodge Property) shall indemnify APCHA and the City from and against any claims, liabilities, losses, damages, fees or expenses arising solely out of the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Cortina Lodge Property if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. (e) Owner reserves the light to provide substitute affordable housing for the affordable housing being provided in the Cortina Lodge, subj ect to the prior approval of the City of Aspen. 3.3 Affordable Housing Mitigation. The renovated Hotel Jerome' s additional net leasable commercial area will require affordable housing mitigation for a total of 1.42 employees, one (1) of which will be housed at the renovated Cortina Lodge. The remaining 0.42 employees will be mitigated by a cash-in-lieu payment by Owner to the City prior to issuance of a Building Permit for the Hotel renovations. The amount of such payment shall be calculated based on an average of APCHA' s Category 2 and Category 3 payment-in-lieu fees in effect at the time of Building Permit submittal. 3.4 Construction in Accordance with Plans and HI'C Resolutions. 5 I h'11111Illilli--1 1111111111-1 1- lili lili 56.,328 Page: 6 of 23 01/30/2007 02:24; JANICE K VOS CAUDILL PITKIN COLA-Y CJ R 116.00 D 0.00 (a) Hotel Jerome. The Hotel Jerome renovation, and all of its component parts, shall be accomplished in substantial compliance with the Hotel Jerome Final PUD Development Plan and with all architectural plans and elevations, utility plans, drainage plans, and landscape plans that are recorded contemporaneously with the recording of this 2007 PUD Agreement. In addition, the Hotel Jerome renovation shall comply with the conditions of approval set forth in HPC Resolution No. 37 (Series of 2006), to wit: (i) All replacement windows on the ground floor must be of wood. Upper floor windows are permitted to be clad. Cut sheets must be submitted for review and approval by HPC staff and monitor. If there are any historic windows left on the building, they must be repaired and preserved. Tinted glass is not approved for any of the window units. Detailed drawings of the window openings proposed to be restored at the sidewalk level on the east fagade must be reviewed and approved by HPC staff and monitor. (ii) Awnings are only approved for the J-Bar and "Jerome Shop" spaces. The proposed awnings must be.redesigned for review and approval by HPC staff and monitor in order to more closely match the historic awnings. The awnings for the J-Bar and "Jerome Shop" will be retractable and removable. Upper awnings must be mocked-up for review and approval or denial by the HPC Board. HPC staff and monitor will review proposed signage. (iii) Metal balcony railings on the exterior of the building must be mocked-up for review and approval or denial by the HPC Board. (iv) No new column features or materials that are inconsistent with the design of the original columns can be added. (V) The Final Lighting Plan must be reviewed and approved by III?C staff and monitor, as set forth in Section 3.8(a) below. The proposed decorative exterior light fixtures, in particular sconces, must be restudied to be less contemporary. The HPC Board supports a design competiti6n for the pendant lamp at the Hotel entry, with the understanding that the HPC staff and monitor must still grant approval. (Vi) Any historic materials must be repaired in place, and to the extent that portions of the parapet require reconstruction, it should be based on documented evidence and photographs of the original appearance. (vii) All other masonry repairs, including cleaning, repointing, application of a sealer, etc., will require further information and approval by HPC staff and monitor. (viii) The sidewalk treatment must be reviewed and approved by staff and monitor. 6 1 - 11 1-11111 mi ll 1111111111-11 533928 Page: 7 of 23 01/30/2007 02:24; JANICE K VOS CAUDILL PITKIN I:JBTY CO R 116.00 D 0.00 (ix) There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full HPC Board. (x) These conditions of approval must be printed on the cover sheet of the building_permitplan-setand all-other.-prints made for the purpose of construction. (b) Cortina Lodge. The Cortina Lodge renovation and reconfiguration, and all component parts thereof, shall be accomplished in substantial compliance with the architectural plans and elevations therefor that are recorded contemporaneously with the recording ofthis 2007 PUD Agreement. In addition, the Cortina Lodge renovation and reconfiguration shall comply with the conditions of approval set forth in HPC Resolution No. 6 (Series of 2006), to wit: (i) Owner shall provide further information about lighting and any exterior utilities or conduit for review and approval by HPC staff and monitor before purchase or installation ofsame. (ii) Owner shall retain existing door and window openings wherever possible, even if such openings are made non-functional. Revisions shall be reviewed by HPC staff and monitor. (iii) Owner shall install a front door on the two-story structure and a more appropriate window on the laundry room, guided by old photographs if available. (iv) There shall be no deviations from the exterior elevations as approved without first being reviewed by HPC staff and monitor, or by the full HPC board. (v) These conditions of approval shall be printed on the cover sheet of the building permit plan set and on all other prints made for the purpose of construction. ' (Vi) Owner shall provide the contractor with a copy of HPC Resolution No. 6 (Series of 2006), and the contractor shall submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval contained in said Resolution are known and understood. The contractor shall also meet with the Historic Preservation Officer prior to applying for the building permit. 3.5 Guest Transportation. Owner shall provide transportation within the City of Aspen and Aspen airport pickup and delivery for the guests ofthe Hotel Jerome. Any vehicle owned, possessed or operated for such purpose by Owner shall be stored in the Hotel's underground garage when not in operation. 3.6 Inventory and Treatment of Interior Features of Hotel Jerome. (a) Prior to or contemporaneously with submittal of an application for a building pennit for the Hotel Jerome renovation, Owner shall submit to the Historic 7 1 -1111111-111- 111-11 -Ilillil 01/30/2007 02:241 533928 Page: 8 of 23 JANILE K VOS 3 -JI-L rIIKI4 CC_FTY C R 116.00 D 0.00 Preservation Officer a written inventory of all original features existing within those interior areas of the Hotel Jerome that are customarily open to the public, or where the public is typically invited. The inventory must be accompanied by current photographs, and copies of any photographs of the interior of the Hotel Jerome available from the Aspen Historical Society Archives. (b) The City's Historic Preservation Officer shall review the inventory and shall verify the completeness thereof. Any overlooked elements that call be documented as original shall be added to the inventory. The inventory shall also identify the proposed treatment of the items on the inventory. To th& extent there is any disagreement between Owner and the Historic Preservation Officer, the Owner may appeal the matter to the City Manager. The City Manager's decision in the matter shall be final, unless such decision is appealed by the Owner to the City Council, which body shall then conduct a de novo review ofthe issue. , (c) Once the proposed treatment is mutually agreed upon by City and Owner, no changes in treatment shall be allowed without the prior consent of the Historic Preservation Officer, subject to the appeal rights of Owner described in Section 3.6(b) above. 3.7 Cortina Lodge Historic Landmark Designation. Before a building permit is issued for the renovation of the Hotel Jerome, Owner shall submit to the HPC an application for Historic Landmark Designation for the Cortina Lodge pursuant to Section 26.415.030.B ofthe Aspen Municipal Code, "Criteria for Listing on Aspen Inventory o f Historic Landmark Sites and Structures". 3.8 Hotel Jerome Landscape Improvements. (a) Owner shall record a Conceptual Landscape Plan for the Hotel Jerome Property as part of the Final PUD Development Plan, and shall submit a Final Landscape Plan for the Hotel Jerome Property for review and approval by the City Parks Department and the HPC staff and monitor prior to issuance of a building permit for the Hotel renovation (the "Final Landscape Plan"). Owner shall be responsible for implementing the Final Landscape Plan, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article IV oftlis 2007 PUD Agreement. (b) All landscaping in the public right-of-way shall meet the requirements set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of-Way, and shall be approved by the City Parks Department prior to installation. Before installing any landscaping or other improvements in the public right-of-way, Owner shall obtain a Revocable Encroachment License (in the event required) from the City Engineering Department. (c) Owner shall obtain a tree removal permit from the Parks Department and pay the applicable tree removal fee (in the event required) prior to issuance of a building 8 . 1 1 I-1 1111 lili -illillill I 01/30/2007 02:24 ~ ~| ~ ~ Page: 9 of 23 533928 JANICE K VOS CAUDILL i ITKIN CC ATY C J R 116.00 D 0.00 permit for the Hotel renovation. The permit shall be submitted with the building permit application. (d) Owner shall install tree saving construction fences around the drip line of any trees to be saved on the Hotel Jerome Property as approved by the Parks Department. - The Parks Department must-inspect-and-approve-the fence location before any construction activities commence. No storage of materials, storage of construction equipment, construction backfill, or foot or vehicular traffic shall be allowed within the fenced drip line. Any work and/or minor excavation for the installation of additional landscaping, property fences and surface materials located within the drip line protection zone will be required to be hand excavation only with no over digging. All work within the drip line requires oversight from the Parks Department for approval of soil amendments, root pruning and grade changes. Excavations outside of the tree protection zone shall address tree and root protection in the following way: All roots shall be cut prior to full excavation using a clean sharp pruning saw; all roots will be cut flush with the exposed soil line; six inches of mulch is required to be placed within the zone of vegetation protection and maintained at a level of six inches during the entire project; irrigation o f trees is required throughout the entire duration of the project with the contractor supplying water to the trees at a rate which is appropriate for proper health. burlap shall be placed over the edge of the excavation covering all freshly cut roots; contractor will irrigate the burlap with an appropriate amount of water in order to keep the burlap moist, preventing the ends of the roots from drying out. 3.9 Utilities. (a) Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City Water Department. (b) Owner shall comply with the Aspen Consolidated Sanitation District' s rules and regulations. No clear water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. A completed tap pennit for service with the District shall be submitted with the building pennit application for the Hotel renovation. (c) Owner shall comply with all Fire Marshal requirements in connection with the Hotel renovation. 3.10 Engineering Requirements and Conditions. (a) No construction material or dumpsters shall be stored on the public rights- of-way unless a temporary encroachment license is obtained from the City Engineer. (b) Owner shall submit a construction management plan to the City Engineering Department with the building permit application for the Hotel renovation, and shall abide by any additional construction management requirements in effect when 9 - 11111111111 lilli 1-111111111111 01/30/2007 02:241 533928 Page: 10 of 23 JANICE K VCS J UDILL r ITKIN IDLFTY CO R 116.00 D 0.00 the building permit application is filed. The management plan shall include a noise, fugitive dust control, and construction traffic and construction parking management plan which address, at a minimum, the following issues: (i) A fugitive dust control plan including proposed construction fencing, watering o f haul roads and disturbed areas, daily cleaning o f adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. (ii) A description of construction debris hauling routes and associated impacts on adjoining streets; and (iii) Construction parking mitigation. Except for essential trade trucks, no other personal trucks shall be parked in the area around the site. The City encourages that site workers be shuttled in from the airport parking area. (iv) Owner shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction. (v) Owner shall abide by all noise ordinances. Construction activity is limited to the hours between 7:00 a.m. and 7:00 p.m. on Monday through Saturday. 3.11 Air Oualitv Impact Fee. Before a building permit is issued for the Hotel renovation, Owner shall pay to the City an Air Quality Impact Fee in an amount calculated in accordance with the regulations in effect at the time of building permit submittal. 3.12 Park Development Impact Fee. Before a building permit is issued for the Hotel renovation, Owner shall pay to the City a Park Development Impact Fee in an amount calculated in accordance with the methodology and fee schedule in effect at the time of building permit submittal. No new bedrooms or commercial space are being created at the Cortina Lodge, hence no Park Development Impact Fee is due and payable in connection with that project. 3.13 School Land Dedication Fee. No School Land Dedication Fee is required for either the Hotel renovation or the Cortina Lodge renovation, as no subdivision of either Property is occurring or approved. 3.14 Exterior Lighting. All exterior lighting within the Hotel Jerome Property shall comply with Section 26.575.150, Outdoor Lighting, ofthe Aspen Municipal Code unless otherwise exempted by the Community Development Director. A Lighting Plan shall be submitted for review and approval by the HPC Monitor prior to issuance of a building permit for the Hotel renovation. 3.15 Building Permit Matters. Prior to issuance of a building permit for the Hotel renovation, the following shall occur: 10 0 , 1 1-1-l 11111 111111 1-1 111 1 - 1-111 - - 111 li li 533920 Page: 11 of 23 01/30/2007 02:24; JAN.CE K VOS CAUC.LL PITK.N COON-Y CO R 116.00 D 0.00 (a) The primary contractor shall submit a letter to the Community Development Director and to HPC staff stating that the conditions of approval of the Hotel renovation have been read and understood including, without limitation, the conditions set forth in HPC Resolution No. 37 (Series of 2006), and must meet with the , Historic Preservation Officer before submitting the building permit application. (b) The primary contractor and/or superintendent shall obtain a specialty license in historic preservation. (c) All tap fees, impact fees, housing fees and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. (d) Prior to any demolition, Owner shall complete the Building Department' s asbestos checklist and, if necessary, a person licensed by the State of Colorado to perform asbestos inspections shall conduct an inspection. The Building Department cannot sign any building pennits until submittal o f this report. If there is a finding o f no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must be retained to remove it. ARTICLE IV A. HOTEL JEROME LANDSCAPING IMPROVEMENTS Owner shall complete the landscaping ofthe Hotel Property and of the adjoining public right-of-way in accordance with the Final Landscape Plan referred to in Section 3.8(a) above, no later than six (6) months following the issuance of a Certificate of Occupancy for the Hotel renovation. Owner shall be responsible for ensuring the success of all landscaping installed pursuant to the Final Landscape Plan for a period of two (2) years following the date of installation, and shall replace any landscaping that fails during such two (2) year period. Owner or it successors or assigns shall have the right to plant additional native vegetation within the Hotel Property, as it may consider appropriate from time to time, without further approvals being required. Before a building pennit is issued for the renovation, Owner shall provide the City Engineering Department and the City Parks Department with a cost estimate for the proposed landscaping improvements (including two (2) years of maintenance thereof) prepared by a landscaping contractor licensed in the State of Colorado, and the Engineering Department shall approve the cost estimate. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the landscaping improvements described in Section A above, and to guarantee 125 percent of the approved estimated cost of the landscaping improvement (including two (2) years of maintenance thereof), Owner shall provide to the City an irrevocable letter of credit from a financially responsible lender in the amount of the approved estimated cost of such landscaping improvements. Said letter of credit shall be provided to the City prior to the issuance of a building pennit for the Hotel renovation, shall be 11 0 I .1-1-11-11-Illl i lillill-ll-1---lilli Ill 01/30/2007 02:24F 533928 Page: 12 of 23 JAN:CE K VOS CAUDILL PITK-N COLA -Y CO R 116.00 D 0.00 in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by Owner, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any party, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair or deterioration in improvements already constructed before the unused remainder, if any, of such letter of credit is released to Owner. Provided, however, that Owner shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit. Notwithstanding the foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Owner shall not constitute a default hereunder so Iong as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions ofthe improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that twenty-five percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that compliance with the procedures set forth in Article V below pertaining to defaults under and amendments to this 2007 PUD Agreement shall not be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Owner as set forth above. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City Council determines that Owner is not acting in substantial compliance with the terms ofthis 2007 PUD Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and asking that Owner remedy the alleged non- compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that Owner has not complied within such time, the City Council may issue and serve upon Owner a -written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this 2007 PUD Agreement should be granted with respect to any such non-compliance which is detennined to exist. 12 1 1 Ill lilli lili 11 111111--1 1 1111111 533928 Page: 13 of 23 01/30/2007 02:24; JAN:CE K VOS CAUDILL PII K.N COLATY C J R 116.00 D 0.00 Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this 2007 PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR INSTRUMENTS AND APPROVALS 6.1 .Amended and Restated Planned Unit Development Agreement - Hotel Jerome - Renovation and Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception No. 281483. 6.2 Supplemental PUD Agreement - Hotel Jerome recorded June 12, 1991 in Book 648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952 as Reception No. 334427. 6.3 Amended and Restated Planned Unit I~velopment Plat - Hotel Jerome - recorded September 15, 1986 in Plat Book 19 at Pag~and related drawings recorded contemporaneously therewith. 6.4 Second Amendment to Amended and Restated Planned Unit Development Plat - Hotel Jerome-recorded July 1, 1991 in Plat Book 26 at Page 89. 6.5 Ordinance No. 70 (Series of 1990) of the Aspen City Council, amending the Final PUD Development Plan for the Hotel Jerome. 6.6 Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031. 6.7 Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507. 6.8 Resolution No. 1 (Series of 1987) ofthe Aspen City Council, granting substitution of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units, recorded June 6, 1990 in Book 622 at Page 347 as Reception No. 323313. 13 0 . 1 11111 lilli '1111 lili li'111 lili 1111111 111 11111 111 lili 533928 Page: 14 of 23 01/30/2007 02:241 JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00 ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 7.2 This 2007 PUD Agreement shall be subject to and construed in accordance with the laws ofthe State of Colorado. 7.3 If any of the provisions of this 2007 PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity ofthe remainder ofthis 2007 PUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This 2007 PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Owner, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this 2007 PUD Agreement or for an extension of one or more ofthe time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 7.5 Numerical and title headings contained in this 2007 PUD Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Upon execution ofthis 2007 PUD Agreement by all parties hereto, City agrees to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by Owner. 7.7 Notices to be given to the parties to this 2007 PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: 14 I lili -1111 :111111~1[11111 1 1 11[Iliii illi 01/30/2007 02:24; 533928 Page: 15 of 23 JANICE K VOS CAUDILL PITKEN COUN-Y CO R 116.00 D 0.00 CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 OWNER Hotel Jerome, Inc. c/o The Broadmoor Hotel P.O. Box 1439 Colorado Springs, CO 80901 With Copy to: Arthur C. Daily, Esq. Holland & Hart iip 600 East Main Street Aspen, CO 81611 7.8 This 2007 PUD Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all ofthe parties thereto, notwithstanding that all ofthe parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, thetr respective successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: City of Aspen, Colorado, a Colorado municipal corporatiy 6.-/ By: // Mayor Attest: 941= 2/eal-24*Â«-4 Kathryn S. Koch, City Clek APPROVED AS TO FORM: /~'3MOn?k~:GÂ· , V Vt ' 465#orcester, City Attorney 15 t . OWNER: Hotel Jeronle. Inc. By: ~~-1 Its: STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 30Â¢4ay of 4~.e.u,t0.0-, 2007, by Helen Klanderud as Mayor and Kathryn S. Koch as City Clerk of /46 City of A~en, Colorado, a municipal corporation. U Witness my hand and official seal. My commission expires: 04Â¢1 :1~200 7- . yaw 60Â£L- o ey UM*.U) *dary Public STATE OF COLORADO ) ) SS. COUNTY OF El Qt60. The foregoing instrument was acknowledged before me this 85Â¥A day of UU uax- \A , 2007, by3&â‚¬ihe-'-1 P"axÂ·Â·\ 0\~in as of Hotel Jerome, Inc.j Colorado corporation. Witness my hand and official seal. My commission expires: 3114lc,9 k(14cy f wiepo Notary Public 3646668_2.DOC Page: 16 of 23 533928 01/30/2007 02: 24 JANICE K VOS CAUDILL PITKIN COUNTY CO R 116,00 D 0.00 16 EXHIBIT , .1111.11-11 lilil l 1-111111111111 lili 533928 Page: 17 of 23 01/30/2007 02:24; 9 -9 JAKI CE K VOS CAUDILL PITK_N COL.1-Y CO R 116.00 D 0.00 Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS Sections: 26.575.010 General. 26.575.020 Calculations and measurements. 26.575.030 Open Space. 26.575.040 Yards. 26.575.045 Junk Yard and Service Yards. 26.575.050 Fences. 26.575.060 Utility/trash service areas. 26.575.070 Use square footage limitations. 26.575.080 Child care center. 26.575.090 Home occupations. 26.575.100 Landscape maintenance. 26.575.110 Building envelopes. 26.575.120 Satellite dish antennas. 26.575.130 Wireless Telecommunication Services Facilities and Equipment 26.575.140 Accessory uses and accessory structures. 26.575.150 Outdoor Lighting. 26.575.160 Dormitory. 26.575.170 Fuel storage tanks 26.575.180 Restaurant 26.575.190 Farmers' market. 26.575.200 Group Homes. 26.575.010 General. Regulations specified in other sections of this Title shall be subject to the following supplemental regulations. 26.575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title. The definitions ofthe terms are set forth at Section 26.104.100. A. Floor area. In measuring floor areas for floor area ratio and allowable fioor area, the following applies: 1. General. Inmeasuring floor area forthe purposes ofcalculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. 2. Decky, Balconies, Porches, Lo~Was and Stairwavs. The calculation of the floor area of a building or a portion thereof shall not include decks, balconies, exterior stairways, terraces and 689 (Aspen Supp. No. 2,4-03) 26.575.020 11 1 111--111 --1 111111111-1111 --111-11 lili 01/30/2007 02:24F 533928 Page: 18 of 23 JAN:CE K VOS CHUC:LL PIEKIN COLA-Y CO R 116.00 D 0.00 similar features, unless the area of these features is greater than fifteen (15) percent ofthe mai- mum allowable floor area of the building (the excess ofthe 15% shall be included). Porches shall not be counted towards FAR. 3. GaraHes, Carports and Storaze Areas.In all zone districts except the R-15-B zone district, for the purpose ofcalculating floor arearatio and allowable floor area for a lot whose principal use is residential, garages, carports, and storage areas shall be excluded up to a maximum area of two hundred fifty (250) square feet per dwelling unit; all garage, carport, and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area; all garage, carport and storage areas in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage shall only be excluded from floor area calculations up to two hun- dred fifty (250) square feet per dwelling unit if it is located on said alley or road; all garage, car- port and storage areas between two hundred fifty (250) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area. For the purposes of determining the exclu- sion, ifany, applicable to gaÂ¢~34 carports, and storage areas, the area ofall structures on aparcel shall be aggregated. In the Ki~ione district, garage, carport, and storage areas shall be limited to a five hundred (500) square Got exemption 4. Subgrade areas. To determine the portion of subgrade areas that are to be included in calculat- ing floor area, the following shall apply: a. For any story that is partially above and partially below natural or finished grade, which- ever is lower, the total percentage of exterior surface wall area that is exposed above the most restrictive ofthe grades shall be the total percentage ofthe gross square footage ofthe subject story included in the floor area calculation. Subgrade stories with no exposed exterior suIface wall area shall be excluded from floor area calculations. (Example: If fifteen (15) percent of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fifteen (15) percent ofthe gross square footage of the subject story will be included as floor area.) b. Also excluded from floor area calculations shall be any portion of a subgrade accessory dwelling unit whose exterior surface wall area is exposed above grade for glass, window openings, doors, and similar ways of getting light and air into the unit, or that provides re- quired Uniform Building Code egress to the unit. The maximum amount of this exclusion shall be one hundred (100) s.f of the floor area ofthe accessory dwelling unit. c. For any dwelling unit that can be accessed from an alley orprivate road entering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-sections a. and b. if it is located along said alley or road. (Aspen Supp. No. 2,4-03) 690 26.575.020 d. In the R-15B zone district only, garages, carports, and storage areas shall be excluded from residential floor area calculations up to a maximum offive hundred (500) square feet per dwelling unit. 5. (R-epealed by Ord. No. 56-2000, Â§ 8) 6. Accessory DwellinHUnits.An Accessory Dwelling Unit shall be calculated and attributed to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this section, unless eligible for an exemption as described below: Detached and permanently q#brdable ADUFLoordrea Exemption. One hundred (100) per- cent of the Floor Area of an ADU which is detached from the primary residence and deed re- stricted as a"For Sale" affordable housing unit and transferred to a qualified purchaser in accor- dance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be ex- cluded from the calculation of Floor Area. 7. LinkedPavilion. Any element linking the principal structure to an accessory structure shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess of ten (10) feet in length shall be counted in floor area. H):1111111'l HULmLMIU JUI'll 01/30/2007 02:24; 533928 Page: 19 of 23 JANICE K &06 DA_JI_L PITKIN CCJNTY CO R 116.00 D 0.00 690-1 (Aspen Supp. No. 2,4-03) EXHIBIT lil l i 111111111111111 1 lill 1 lillillili 1 533928 Page: 20 of 23 01/30/2007 02: 24; JANICE K VOS CAUDILL PI-IKIN COUN-Y CO R 116.00 D 0.00 OCCUPANCY DEED RESTRICTION AND AGREEMENT AFFORDABLE HOUSING UNITS CORTINA LODGE THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Deed Restriction") is made and entered into this day of , 2007, by and between HOTEL JEROME, INC., a Delaware corporation, whose address is c/o The Broadmoor Hotel, P. O. Box 1439, Colorado Springs, CO 80901 (hereinafter referred to as "Owner"), and the ASPEN/PITKIN COUNTY HOUSING AUTHORITY, a multi-jurisdictional housing authority established pursuant to the TIIIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT recorded on January 8,2003 at Reception No. 477066 in the Office of the Clerk and Recorder of Pitkin County, Colorado (hereinafter referred to as "Housing .Authority"). WITNESSETH: WHEREAS, Owner is the owner in fee simple of Lots P and Q, Block 73, City and Townsite of Aspen, Pitkin County, Colorado, on which is situated a renovated structure known as the Cortina Lodge (hereafter, the "Cortina Lodge"); and WHEREAS, the Cortina Lodge contains four (4) studio units and four (4) two-bedroom dormitory suites (each, an "Affordable Housing Unit" and collectively, the "Affordable Housing Units"), together with a common kitchen, dining area and laundry, as authorized and approved by Ordinance No. 42 (Series of 2006) adopted by the Aspen City Council on December 11,2006 and recorded , 2007 in said records. The Affordable Housing Units are depicted on the fioor plans attached hereto as Exhibit A and made a part hereof by this reference, and contain the following net livable areas, to wit: Unit Number Unit Tvpe Net Livable Area Unit 1 Studio square feet Unit 2 Studio square feet Unit 3 Studio square feet Unit 4 Studio square feet Unit 5 2-bdrm. dorm suite square feet Unit 6 2-bdrm. dorm suite square feet Unit 7 2-bdrm. dorm suite square feet Unit 8 2-bdrm. dorm suite squEge feet The foregoing variation of APCHA' s minimum size requirements for Category 1 Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance No. 42 (Series of2006); and 11-1 1-Ill-1111-11111111-11-1111-11'llilli 01/30/2007 02:24; 533928 Page: 21 of 23 JANICE K VOS CHUDILL PITK-N COLICY CO R 116,00 D 0.00 WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006) and the 2007 Hotel Jerome PUD Agreement recorded , 2007 at Reception No. in said records, Owner desires by this instrument to deed restrict the use and occupancy of the Affordable Housing Units to persons who are employed in Pitkin County (and their families) and who mee.t the rpialification gilirielinesset forth in the Aspen/Pitkin County_Affordable_Housing_ Guidelines established and indexed by the Housing Authority on an annual basis (the "Guidelines"); and WHEREAS, as set forth in Paragraph 1 (f and g) ofthat certain Master Termination Agreement recorded , 2007 as Reception No. in said records, the previous Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031, as amended by Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507, shall be deemed fully and forever vacated, tenninated, cancelled, released, extinguished null, void, and of no further force or effect whatsoever upon the recording of this Deed Restriction. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the Owner covenants and agrees as follows: 1. The Affordable Housing Units shall at all times be rented in accordance with the tenns of this Deed Restriction. 2. The use and occupancy o f the Affordable Housing Units shall henceforth be limited exclusively to housing for persons who are employed in Pitkin County (and their families) who meet the definition of"qualified Category 1 employee" as that tenn is defined by the Guidelines. Owner shall give first priority for occupancy of the Affordable Housing Units to employees of the Hotel Jerome. Any Affordable Housing Units not rented by Owner to Hotel Jerome employees may be rented to any "qualified Category 1 employee selected by Owner. If the Owner does not lease an Affordable Housing Unit to a qualified employee of his own selection, then the Housing Authority shall select the tenant in accordance with the Guidelines. Employees shall be qualified by the Housing Authority as to employment, maximum income and asset limitations. 3. Written verification of employment of employee(s) proposed to reside in an Affordable Housing Unit shall be completed and filed with the Housing Authority by Owner prior to occupancy thereof, and such verification must be accepted by the Housing Authority. 4. An Affordable Housing Unit shall be rented for periods of no less than six (6) consecutive months. Upon vacancy of an Affordable Housing Unit, Owner is granted forty-five (45) days in which to locate a qualified employee, unless a longer period is authorized by the Housing Authority. Approval for such additional time may be requested by Owner for repair and/or refurbishment of an Affordable Housing Unit, for renovation and/or redevelopment of the Cortina Lodge property, or for an unexpected breach of the lease agreement by the tenant, and 533928 ili~ili~l ~I:I"lili~il.illillillilljilHjillil 01/30/2007 02:24; Page: 22 of 23 JANICE K VOS CA-DILL PITKIN COUNTY CO R 116.00 D 0.00 such approval shall not be unreasonably withheld or delayed by the Housing Authority. If a qualified employee is not placed in an Affordable Housing Unit within the above-prescribed period, the Housing Authority may rent the Affordable Housing Unit to a qualified employee of its own selection. -5.__The-maximum-rentatate_for-aIL_Affordable-Housing_Unitshallnot-exceed_the Category 1 rental rate as set forth in the Rental Guidelines established by the Housing Authority as part of the Guidelines, subject to annual adjustment as permitted by the Guidelines. The maximum permitted rent for the studio units on the date of execution of this Deed Restriction is $ per month, and the maximum permitted rent for the 2-bedroom dormitory suites on the date o f execution of this Deed Restriction is $ per month. Rent shall be verified and approved by the Housing Authority upon submission and approval of the lease. 6. Each Affordable Housing Unit must meet minimum occupancy requirements as stipulated in the Guidelines, i.e., one person per bedroom. 7. A written lease agreement shall be executed by Owner and the tenant for each occupancy of an Affordable Housing Unit, and shall provide for a minimum rental term of six (6) consecutive months, subject always to the Owner's right to terminate the lease if the tenant defaults in the performance of the tenant' s obligations thereunder. An executed copy of the lease shall be provided to the Housing Authority by Owner within ten (10) days of the Housing Authority's approval of the proposed tenant. 8. The terms and provisions ofthis Deed Restriction shall constitute covenants running with the title to the Cortina Lodge property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Housing Authority, the City of Aspen, Colorado, and their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or evietion of non-qualified tenants. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. OWNER: HOTEL JEROME, INC., a Delaware corporation By: Its: STATE OF COLORADO) ) SS. COUNTY OF ) The foregoing Deed Restriction was acknowledged before me this day of ,2007, by as of Hotel Jerome, Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: Notary Public ACCEPTANCE BY HOUSING AUTHORITY The foregoing Deed Restriction and its terms are accepted by the Aspen/Pitkin County Housing Authority this day of ,2007. ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Chairperson STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) The foregoing Acceptance was acknowledged before me this day of 2007, by as Chairperson of the Aspen/Pitkin County Housing Authority Board. Witness my hand and official seal. My commission expires: Notary Public 3654258_1.DOC l ili 11111111 - 111111111 111 lill i 01/30/2007 02:241 533928 Page: 23 of 23 JANICE K VOS CHUCILL rITKIN COLA-Y CO R 116.00 D 0.00 . 11 lilli 1-111111111 -1 Ill lili 01/30/2007 02:25f 533929 Page: 1 of 4 JANICE K VOS CAUDILL PITKIN C:JNTY CO R 21.00 D 0.00 MASTER TERMINATION AGREEMENT HOTEL-JEROME-PUD--- THIS MASTER TERMINATION AGREEMENT (the "Termination Agreement") is made and entered into as of the fh day of <~)*Aff/~hi/; 2007, by and between THE CITY OF ASPEN, COLORADO, a municit~ corporatidn (hereinafter referred to as "City"), and HOTEL JEROME, INC., a Delaware corporation (hereinafter referred to as "Owner"), WITNESSETH: WHEREAS, pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11,2006, the Aspen City Council granted final approval of a PUD Amendment for the Hotel Jerome Property described in said Ordinance, including an extensive renovation of the existing Hotel Jerome, an expansion of the Hotel's existing net leasable commercial area, the reconfiguration and renovation of the Hotel's Main Street and Mill Street courtyards, and the elimination of a prior condition that a portion of the Hotel's parking garage be reserved for Hotel employees. The PUD Amendment also approved the renovation of the existing Cortina Lodge situated on the Cortina Lodge Property described on said Ordinance to meet the Hotel's employee housing mitigation requirements; and WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006), Owner and City have executed that certain 2007 Hotel Jerome PUD Agreement, which instrument was recordect..04>014Wr 30 , 2007 as Reception No.-556758 in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "2007 PUD Agreement"); and WHEREAS, Section 1.2 of the 2007 PUD Agreement provides that it is the intent of the parties thereto that the 2007 PUD Agreement effectively supersede and replace in their entirety certain previously recorded plats, PUD agreements, protective covenants, and land use approvals that encumber the Hotel Jerome Property and/or the Cortina Lodge Property, including without limitation those matters identified in Article VI of the 2007 PUD Agreement, and further provides that the City and Owner shall cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of such prior instruments and approvals; and WHEREAS, City and Owner desire by this Termination Agreement to accomplish the vacation and/or termination of such prior instruments and approvals. 11-11111111111111'Fl- lil 1-- --1 lilli 533929 Page: 2 of 4 01/30/2007 02:25; JAN.-E K VOS CAUC:LL PI-IKIN COLN-Y C.0 R 21.00 D 0.00 NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Vacation and Termination of Instruments and Approvals. From and after the execution and recording of this Termination Agreement by City and Owner, the following-described recorded PUD agreements, plats, protective covenants, and land use approvals, and all covenants, agreements, obligations, approvals, conditions, benefits and burdens set forth therein, shall be and shall be deemed fully and forever vacated, terminated, cancelled, released, extinguished, null, void, and o f no further force or effect whatsoever, and shall no longer constitute either a burden upon or a benefit to all or any part of the Property or either of the parties hereto or their respective successors and assigns, to wit: (a) Amended and Restated Planned Unit Development Agreement - Hotel Jerome - Renovation and Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception No. 281483. (b) Supplemental PUD Agreement - Hotel Jerome recorded June 12, 1991 in Book 648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952 as Reception No. 334427. (c) Amended and Restated Planned Unit Development Plat - Hotel Jerome - recorded September 15, 1986 in Plat Book 19 at Pag<and related drawings recorded contemporaneously therewith. (d) Second Â·Amendment to Amended and Restated Planned Unit Development Plat - Hotel Jerome - recorded July 1, 1991 in Plat Book 26 at Page 89. (e) Ordinance No. 70 (Series of 1990) of the Aspen City Council, amending the Final PUD Development Plan for the Hotel Jerome. (f) Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031.** (g) Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507.** (h) Resolution No. 1 (Series of 1987) of the Aspen City Council, granting substitution of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units, recorded June 6, 1990 in Book 622 at Page 347 as Reception No. 323313. * * These two documents shall remain in full force and effect until the Deed . Restriction attached as Exhibit B to the 2007 PUD Agreement is recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon which recording said two documents shall be deemed fully and forever vacated, terminated, .cancelled, released, extinguished, null, void, and of no further force or effect whatsoever. 2. Counterparts and Facsimile Signatures. This Termination Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart, and facsimile signatures shall be treated as original signatures hereon. 3. Binding Effect. This Termination Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns forever. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: The City o f Aspen, Colorado, a municipal cor~~ By - / ' Xy*"e*'* Wayof..44< Attest: U r UL 4 7Â£(CLUEAftÂ«#Al c 4 $2164~ Kathrynt Koch, City Cleric APPROVED AS TO FORM: ~ lA? Athu 40*LWorceiter, City Attorney Owner: Hotel Jerome, Inc., a Delaware corporation Its: Up . 01/30/2007 02:25; 533929 Page: 3 of 4 JANICE K VOS CAUDILL r IT,<IN COLATY CO R 21.00 D 0.00 * 2 STATE OF COLORADO) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 39Â¢~ay of <119%Â£41/ , 2007, by Helen Klanderud as Mayor and Kathryn S. Koch as City Clerk of ~{16 City~of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires: 04~Â¢2007- ,... rf.- -2.Â· %7 2-1\ - I I. c 1/ A k -8 Ki 9'413 UciaAip: ~ Notary Muglic - tic I . 14\9Â£ Yku Â· Â·Â·?. *8 STATE OF Coj oraA o ) ) SS. -p,ima# COUNTY OF E \ Pa-60) - The foregoing instrument was acknowledged before me this &gr-flay of -300,50.*--zi, 2007, by -84_@neÂ» 4a-49),4 as 1/~., of Hotel Jerome, Inb., a Delaware corporation. Witness my hand and official seal. My commission expires: 4 )\4 \09 E.4041 4 L/ 9 hith * 0 Notary Public 1--1 1 1112111 lilli 1111 -lilliâ€ž--111 11111111 01/30/2007 02:25; 533929 Page: 4 of 4 JANICE K VOS CAUDILL . ITKIN COUNTY CO R 21.00 D 0.00 3321546_2.DOC poss 0 0 0909 9 0-7 -4 7-1- f -f f_ 2-6~ f - T 9 - 1- 9 El r,PED TYPE 9 | TYPE 8 1 T~PEB TYPE 8 Ty'ES rÂ¥PE B 1 - .n [III] m 1 I-- l Al' 1. â‚¬.14.. 1 1, Eye=!Bl *91*IrT n H. 11 8 1. n O A~-....~F | READINGRco6111 11 ..f..,t.'. 1 E/U 52 ECE-114@1 gE- 1_, .HDROO' 1 1 r sy.'..l ~ 1 77 -1 sm t: O =MAGA. 21 -~TAIR~5 .LLI- 1 1 f 1 8 .CD A L u~ -2 61241 ' TYPE. 1 I Ki.A \l) 1 STO,AGE 1 [/1 3 IN e CiÂ» TYPEA 1 - 9--1 . Amt! 4 IP .gul' 1 m m --22 IML A --13/ '*'1'~*M fA.J~~4i., .LL _ CATERING. 0..Moll,le 3 -CÂ°",1., 1 142119,1 REGÂ¥- 4 TPI- I-di e Al [Ek- .0 ie 000 /Â£8IoN PEvE./.m O- 41-- e 11 lilli _ -621 Up U i CATERIHO' ~..CONy OFFIcE k Er= MED lilli 0- ... 0 - 1Â»1'GUEE" 1 QUE.:116'GUE, - e#'lf F 1 (ED-- ~ GUESTRODI F=d IE' ~yels- k i -U 2-0 bm U MT U 21 Dm ,__ .WEEÂ°W O 1 - ..a~.' - a.l~-- ---(ED 1 9.21 -' IEST 0,~ #* h n _ Gu...0/ ..Fm -m -,-{III] [, - I 1 1 1 ausT lool HOTELJEROME 131 & - M - MÂ· 1 / AREA'.â€ž7Â·SF \ IT, 11 e-,-- 59 -51 - (No. coUNTED] - MI *1 .. !.0 E.eT MA1/ RENOVATION 11 - COUâ„¢ CO-IDOR GUESTROOM CD AsrF,J coM.RADO f. =121 L.\ F U[4-4 61Â£ Ma] 'f r.+ 6.5 ....R GUEST=I GUEST ROOM GUFS-OOM [ZI] [ED JI 0 - r , 144441 M,/ C~G rIL[ tabblesÂ· rh SECOND LEVEL FLOOR PLAN - EXISTING C 1 lay.lÂ·, W A fi 26 .mpkP#.3/\27]BOGaan:*- 1-7-1 4- 7/ 6 poss ru) bi 11 9 L _ 13 11 MAID V EXEC. Â£ TEXISTING FIRE 14 1 1,1 1,IT ~~11 IrRI il.[, CIL.1,11 rnâ€ž 212 1~~ SPRINKLER RISER OFFICE 11 u 77 -11 4,11'."l'.1,1 ".,0,121 â€žâ€ž 11 1 1 ~ --=----------- ~ 213 r==E = DN C\-9-h---- 1 04 TH-ir- 3-r t L===- Iâ€ž00, tl E,ION NVELon#I 1 1 , 11 1 1 'All 11 11 4 // \\ 11 4- STAIR #2 L/ % -11 HOTELJEROME 210 RENOVATION ELEV. LOBBY DO E~STMAIN A~Fâ„¢ COLOILADO 209 READING ROOM ~ 211 49 n r :,1,00 1 1 4 Â»11 11 1 :,]000 Aiii, I MET- SECOND LE\/I ENLAMED DEMO MANS LEGEND Ir -- 11 \ r--1 EXISTING WALL TO REMAIN ~~ gn SECOND LEVEL FLOOR PLAN - DEMO A-131D 2 \11 1...11' C. 1 WALL TO BE REMOVED U 1 DOOR TO BE REMOVED .-I 4 poss / 1. L T Na ALIGN WALLS TO EXISTING-7 NEW TS COLUMN W/FIREPROOFING <AL I G N N EW WALL TO EXISTING WALL ~,~--EXISTING FIRE _~ -0" CLR. 1/- SPRINKLER RISER TYPE B UNIT , ~ 4'-0" MIN. ; ~ 11 1 ~ [,1.1,â€ž'.,11 , ...0,1 TO 8E COVERED WITH r, WOOD PANELING. a 1 ' PROVIDE ACCESS PANEL. 213 0 I N M T OPTIONAL BED p . 1......&..:14 ALIGNMENT~ ~ ~- 1,4 1-320 b 2 -- --- - 100 Â° D N 21-- r --2 lE 11 0 -0 [f - = 'EL- 3068 Â»INISHED-' 27 ~ ' COUNTER *o~ 4 ~0 D. Ir I. DES]ON ./Â·ELOr/ENT E 34Â· MAX. HT. U 1\-- ~. ~ ~~11 NEW 13 mi: 1 - rn J" 1 Al i ~ c: MAID .r 212 M r'.1 p-17. i, - - LOPTION B TOILET & BATHING ~ STAIR #2 FACILITY HOTELJEROME 210 RENOVATION ELEV. LOBBY 1~0Â£,MTWJN .irFN COLOMI~{) 209 READING ROOM 211 e n r Ul,Uo 1 11 1 ?I.~0..1, I I LEGEND C EXISTING WALL TO REMAIN ~ Ch SECOND LEVEL FLOOR PLAN - PROPOSED 1- 1% OFEEB~ NEW WALL 1 NEW DOOR 11 ILL=- tAMII . 1,/ poss It' B Ii:( TU+PGAN'(t E 1 -10 N.:IL,ii.1 11,1, TJ.*IiI, i.i 1,1,0'.1.'.,0 EXTERIOR ELEVATION 4==61 1 -_1 - TO REMAIN UNDISTURBED-~ ~ L 1- L !}D -00. 1,ENIC,N PFV/or, â‚¬NT \223/ 4---44---4- - 7 4- T UTT T T T A-LTI T T T T 1 L--LJ Li~ 1 4 U- 4 1 |290:==+ 33~-4-&-g-*-Lip-'*il HH[#1. .r- 1 -111 ' Bil _ Hil tEl 111111 111111 lititi iltid I utl I L! 9 Q @ -~-1'Lm*.UO#13 8 8 i C-U _ 1-3 m m m m mil ' HOTELJEROME A ,mimim m mj32*Ei~--Â¤ M"%Â®ht[~ Lui-----' 0 ~ - - RENOVATION . Do E./ 1.â€¢ AMPEN COLORADO 'I -ii 2-7377-If ~ 1 1 - 094 1 EXTERIOR ELEVATION - O ~-,7.1./. - LL-!~]U *ad -Â£1-id.-;4~K:litutt O Ef.FE:*31 41%1-A Luit :71,00 -M 17!mEJ-â€¢'t. ./E EXTERIOR El.ITION A PARTIAL EXTERIOR ELEV. A-201 116'â€¢I'l 9 Cot; mw'm" --" h Ctein....._838&2;180[/lat~i...' poss I iiiÂ·'ir, ift/ 1"E. â€ž~,14â€ž lili {TI,~â€ž111,71, (,1,71.,1. â€ž10 r-PROVIDE BLOCKING / FOR GRAB BARS / PER ANSI 117.1-2003, TYPICAL DD Ir 10. ..IND/'ELC)11'Pyr f A /1-1 =:Ar lar 4 C j LJ L J 1. - 1 -r-1 +f HOTELJEROME C-) BATHROOM ELEV. -WEST rn BATHROOM ELEV. - NORTH rh BATHROOM ELEV, -EAST (D BATHROOM ELEV. -SOUTH RENOVATION 14'*1'.I , 1/'.1'/ 2/ D..1. .-. I ..MI AS~EN COLID~ADO d U 2 Â£ 1 /1 1 r F /4 9 4 'qctit :718 I Dn DLE SECOND LEVEL 1NTER]OR ELE\'.â‚¬IONS rh WATER CL. ELEV. - WEST C7 WATER CL. ELEV. - NORTH CI) WATER CL. ELEV. -EAST 8 5.VER CL. ELEV. - SOUTH 1 2...1./ .9 1~4'.1'.0' C j , 1/.1.1. 1-320 =7'9â€¢'7k . 0: I I .i-I -' .mp\Ac/blisIL8388\27160-Manu-- NOTICE OF APPROVAL For an Insubstantial PUD Amendment to The Hotel Jerome, 300 E. Main Street Parcel No.: 273707321001 APPLICANT: CLP-Elysian Aspen Owner, LLC REPRESENTATIVE: Sunny Vann (Vann Associates, LLC) SUBJECT & SITE OF AMENDMENT: The Hotel Jerome 300 E. Main St. SUMMARY: The applicant has requested an Insubstantial PUD Amendment to convert an existing office into a rentable lodging unit for the hotel. Currently there are 92 rooms in the hotel. The Amended and Restated 1986 PUD allowed for 94 guest rooms. Affordable housing mitigation was provided in 1986 for the 94 rooms. Ordinance 42 (series of 2006) approved an extensive renovation to the existing hotel and an expansion of the net leasable space. It also approved the renovation of the Cortina Lodge to meet the affordable housing mitigation. To date, the major renovations/improvements to the hotel have not been undertaken, and therefore the housing mitigation has not changed from the 1986 PUD. Additional mitigation is to be provided at the time of a building permit for the overall renovation/improvements of the hotel, as per Ordinance 42 (Series of 2006). Staff has determined that the proposed change of an office to a rental unit is not associated with the large scale project and is in compliance with the original 1986 approval of having 94 guest rooms, with affordable housing mitigation previously provided. STAFF EVALUATIONS: Staff supports the proposed change to the Hotel Jerome through an amendment to the PUD. The changes proposed are consistent with the approvals granted in 1986 and 2006 allowing for 94 rooms. The change allows for the conversion of an office into a rentable lodging room, which is consistent with the intent of the former approvals. DECISION: The Community Development Director finds the Insubstantial PUD Amendment to be consistent with the standards within Ordinance No. 42, Series 2006, and thereby APPROVES the amendment for the conversion of an office to a rental unit. APPROVED BY: : 9. 9 Â»91 Chris Bendon Date Community Development Director Attachments: Exhibit A: Approved Changes on Plan Set Exhibit B: Review Criteria Exhibit C: Application RECEPTION#: 554143. 11/10/2008 at 02:01:17 0 Mi 1 OF 7, R $36.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County. CO c~HIBIT 'B' A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building/development. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. There is no change in the overall site coverage, the proposed change is internal. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. There is no change in the parking/loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. There is no change in the gross leasable floor area. 8. An increase by greater than one percent (1%) in the approved residential density of the development. There is no change to the residential aspect of the PUD. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The change is consistent with the projects original approval. EXâ€žJIT 'B' A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building/development. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. There is no change in the overall site coverage, the proposed change is internal. 3. Any amendment that substantially increases trip generation rates o f the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. There is no change in the parking/loading space. 6. A reduction in required pavement widths or rights-of-way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (290) in the approved gross leasable floor area of commercial buildings. There is no change in the gross leasable floor area. 8. An increase by greater than one percent (1%) in the approved residential density of the development. There is no change to the residential aspect of the PUD. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. The change is consistent with the projects original approval. poss 9 - 99-9 9-9 9-Â·9-9-9-0-99-99 9 1 11 1 1 1 1 1 1 n.-a 0- F Eli -7. -1 0 Ir. p l rac â€¢ 1 rrpt, bfEn rlpt 0 *B n,[8 7 Aw,gleca m I M 0 a -, "'I, t,1.11.1 .1,1, dizn mxp-B kli~fE,|~ KalxxiC:W :lull 'CE xi'!cy, fD~T--11-- -2 29 i 1 8% --0 "AL .*. tiOM..6 0 51' "' -1"'~-'. O '-4 0 49 9 * ./0 rÂ¥,E g WEA ,Â¥.E. g 0 0 e 0-- 1 -fi L 6. | ..â„¢.,1 10 2 1 11 1 -- 1 MI,61 8 e i L Â· 0Â£ixw cni~ Ir . z _L_ ' 21/' 11Â¤1111,-, m e ' M M'sa.#4 4[E /IE] 1---1 1 * t. 11 -uuâ€žuuâ€¢,~1 ' Â·Â·Â·Â·Â·Â· 0,=uâ€¢11[E . CEJ Â£011Lorn' FE tiE]J -'-1 J *m r ~E5TROOMe ,/ 1.1,0, M,=rn'.01"DIT GIEK T-" 0- 2 1 Â® 1 11111Â«1= --EJ 1 -- t:9 ~ M. , %10 1 I . 0 rFF*h (0 1 0/ la J-L-j 6 1 1 gil -0 OUE:T.col 'I. -/1 /0.1,!COMâ€ž00' I mi 11:%-0 T., ..[Dill. 1. 64-1.-~-----U 1.:,COR. ~ n HOTEL JEROME RENOVATION ' --T-- "., 1,M FANT"r~1â€ž ~Ounlm,100. ers!,0. , Out:T .OM MTEI'.CO.W. . e-- =111 L 111 M 'll'~ 619 -Sh ~ r-+1- Pâ€¢.Louâ€¢ CUES=* 1 Cuts.* MIO. [El JL CE] ..!'.â€ž,11 [E] [TE] rm - ' 1 -Â· rnÂ·-Â·r n r-1 n n . -0 ee1461 fell.~~0 T'." â€¢,$1,-h.IN tabblesÂ· n SECOND LEVEL FLOOR PLAN - EXISTING U '02..1.0 r--7 1.1 2 ~ CZ, Puki,sh.3]85~2;IEOGaane,e EXHIBIT L_J ./ 6 poss 00) /61\ 11 Mel - L - LIC=J ALIGN WALLS TO EXISTING-n NEW TS COLUMN W/ FIREPROOFING ~ r-ALIGN NEW WALL / To EXISTING WALL ~Â·gEXISTING FIRE ~~ ' . \ ~ 1,3,-O' CLR. i ~ El /-~ 4'-0' MIN. 17.-7--- //' SPRINKLER RISER '11'.1.11.,1.11, .1.-,1," i 1,11,i, 11,1,11 1,1.'./,1,1,1, - TYPE B UNIT - 4 / :61/ To BE COVERED WITH n, i, WOOD PANELING. f 1 r -1 0 PROVIDE ACCESS PANEL. 213 0 T p I I. r 03 Â° DNc OPTIONAL 8ED 100 ALIGNMENT f r-1 , 3068 .-I 1 3 14 Â· -\ FINISHE [Â« -2 t... to I - COUNTER t.0 l' Inni DE~luil,â€¢~1'Etill~ly}Jt $ 1 - --- ~ 34' M~. HT. 9==L/ 46 L--9 NEW Ent- ~ - J M AID E \4 / 1 6111 ?i > 212 1' L-OPTION B TOILET & BATHING ~- STAIR #2 FACILITY HOTELJEROME 210 RENOVATION ELEV. LOBBY Astni~ COLOI,ADO -r,e;.,Mil 209 READING ROOM 211 1 G n r 1 1 1 11 1 D. IN ./W.i ./Ill 11 1 'TI".11'.'.1.. tabblesÂ· 4 LEGEND -\9\ rÂ·---==~ EXISTING WALL TO REMAIN C-) SECOND LEVEL FLOOR PLAN - PROPOSED KID 14.] r 9 czzl NEW WALL 1 NEW DOOR 09 di 1 1 ~14-VL ' p. â€¢ u..Â£/Pla,u EXHIBIT 1_ poss :4: HiE { I.-~< +P.A'Al>4 - It J L MAID V=- EXEC. 1111 \\ 212 - 1/ SPRINKLER RISER 11 F : 1 ,/-EXISTING FIRE OFFICE 11 \ ''e 11",1,11,1,1. .1,1.,1.,1... 12> , 1 11 a \ o D NX L- 0-_ f=E -0 1 1 - t 1- 1 k --- - 49 = 11 d * â€¢ HAN I N 11 /:11 ~- STAIR #2 U- / N -11 HOTEL JEROME ELEV. LOBBY 210 RENOVATION ~0 F'C'T Um ...:00.11[, 209 READING ROOM ~ 211 (3 Y ll. r0 , n Iroll IN ./1111\ , 1 A l 1 11 1 - 2 - 5FCOn 11 1 I EV[1 ENLARGID DEkle r]AN5 LEGEND Ir \ 11 5 A-1310 4 0 EXISTING WALL TO REMAIN rn SECOND LEVEL FLOOR PLAN -DEMO 11 \ ~; (-1 WALL TO BE REMOVED o 1 DOOR TO BE REMOVED .-' e:el ==, mmul:ijâ‚¬.i2â‚¬a H 061 b< EXHIBIT LAND USE APPLICATION APPLICANT: Name: <Sor - 60<6-~/AN 47=EM, 64.-C Location: 77>70 8.147/ d Â«-7. ASPeR c <56 (Indicate street address, lot & bloclfnumber, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: 4>u,J LtÂ·f \7+1 }4 941 14 Â«=Â£6CÂ«-7Efu .U--cu Address: Ube> aisr Ab ic=jv k.11 Ws . Ag=e-- ce>2/4,1 Phone #: 926- 49.58 , PROJECT: Name: dered, Warm-le /6-1<43,5514*4546 'CUrD Address: 09/22,4 r-,1.-1 8,-,-j-- Phone #: TYPE OF APPLICATION: (please check all that apply): Conditional Use U ~0/Conceptual PUD U Conceptual Historic Devt. Special Review E Final PUD (& PUD Amendment) gl Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment ~1 Final SPA (& SPA Amendment) C] Historic Demolition GMQS Exemption O Subdivision C] Historic Designation ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane Lot Split U Temporary Use U Other: Lot Line Adjustment H Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 465 2yll/Gi-7-/04 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Â«ee. irecu CÂ«T,oe Hau,fou attached the following? FEES DUE: $ 735 - 63'g=-Application Conference Summary ~Attachgent# 1, Signed Fee Agreement RI' Rs.spdfise to Attachment #3, Dimensional Requirements Form O/liesponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards L 00 000000 DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. CLP-Elysian Aspen Owner, LLC 430 W. Erie, Suite 510, Chicago, IL 60610 312-229-1600 Property Owner's Name, Mailing Address and telephone number CLP-Elysian Aspen Owner, LLC, Hotel Jerome 300 E. Main Street Aspen, CO 81611, Parcel Number: 273707321001 Legal Description and Street Address of Subject Property ' Approval of an Insubstantial PUD Amendment allowing for the conversion of an office to a rentable unit. Written Description ofthe Site Specific Plan and/or Attachment Describing Plan Insubstantial PUD Amendment. November 7, 2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) November 16,2008 Effective Date of Development Order (Same as date of publication of notice of approval.) November 16,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 7th day of November, 2008, by the City of Aspen Community Develooment Direaor. 04Â»L Chris Bendon, Community Development Director , Page 1 of 1 1 1111111111111111111111 lilill'llili 65 Print Date: Pitt,~in County Transaction #: 12686 11/10/2008 2:01:21 Janice K. Vos Caudill Receipt #: 200806737 PM Clerk and Recorder Cashier Date: 11/10/2008 2:01:19 PM 530 East Main Street Aspen, CO 81611 (JHAAS) (970) 429-2707 www.PitkinClerk.org Customer Information Transaction Information Payment Summary DateReceived: 11/10/2008 Over the Source Code: Counter (COMDEV) COMMUNITY Over the DEVELOPMENT Q Code: Counter Total Fees $36.00 ATTN BONNIE Return Code: Over the Total Payments $36.00 Counter Trans Type: RECORDING Agent Ref Num: 1 Payments $36.00 [ELE] CHECK 35362 1 Recorded Items *h BIOPG: 0/0 Reception: 554143 Date:11/10/2008 *1.21 (APPROVAI.3 APPROVAL ANY 2:01:17 PM TYPE From: To: Recording @ $6 for 1pg and $5 for 2 or more pgs 7 $36.00 $1 Surcharge 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 11/10/2008 PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 300 E. Main St., also known as The Hotel Jerome, by the order of the Community Development Director on November 7,2008 the applicant received approval of an Insubstantial PUD Amendment for the conversion of an office into a rentable unit. For further information contact Andrea Hingley, at the City o f Aspen Community Development Dept. 130 S. Galena St, Aspen, Colorado (970) 429-2797. s/ City of Aspen Publish in The Aspen Times on November 16,2008