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HomeMy WebLinkAboutcoa.lu.pu.Hotel Jerome 330 E Main.45A-85 CASELOAD SUMMARY SHEET - - r n p City of Aspen DATE RECE IV EtJ.�v h' `°" /7d CASE NO. 4sR -L DATE RECEIVED COMPLETE : STAFF: PROD ECT NAME: 1 \PPL ICANT: Applicant Address4Phone : t, <: E_" 1-1 REPRESENTATIVE: I. AA& s ..,a/, J — 4 • a Representative • .dreg/l•hone.. I . . 71-.►�/lr/�,I_' / fp,l Type- of Application: " -{SY`J I. GMP/SUBDN IS ION/PUD (4 step) Conceptual Submission ($2,730 .00) Preliminary Plat ($1,690 .00) Final Plat ($ - 820 .00) II. SUBDN ISION/PUD (4 step) Conceptual Submission ($1,900.00) Preliminary Plat ($1,220 .00) • Final Plat ($ 820.00) III. EXCEPT ION/EXEMPT ION/REZ ON ING ( 2 step) ( $1,490 .00) eiarGvogair• IV . SPECIAL REV IEW ( 1 step) ($ 680 .00 ) Special Review Use Determination Conditional Use Other : P&Z CC MEETING DATE: -S PUBLIC HEARING : YES 0 DATE REFERRED: 62/4/6 S INITIALS: ~ REFERRALS : `//' City Atty Aspen Consol . S. D. School District City Engineer Mtn. Bell Rocky Mtn. Nat. Gas Housing Dir. Parks Dept . State Hwy Dept (G1enwd) Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) City Electric Fire Marshall Bldg: Zoning/Inspectn Envir. Hlth . Fire Chief _ Other : FINAL ROUTING: DATE ROUTEDk • �� -TIN ITIAL • / — City Atty City Engineer Building Dept. Other : _ Other: FILE STATUS AND LOCATION : Via)/C CASE DISPOSITION: L1611+1 Code 4.iejmt Reviewed by : Esspcn—P7, City Council 941tundp, 1464 Po:2 ote? doi,u7k44 0, tody;i1 P440,0), Og4, tAlta t/•"1 AltririNfitik, J ric fikt 4 pi y forej m p FAinitp; Ilan. ‘-eilffP1 r — v ti wo a.2 talsr,„kr, 4117 441 7I tivor;vr, L., A ,/,A I,c1; Lk: CASE DISPOSITION: Lo+seli + ite Riy),,,utincvni _T----- Reviewed by : Aspen P&Z City Council 3n fr q Cvmt 4-$ ; o -71CL h ) 1.)113f C c7 t ( /7)- 9( ;Veit 'I' 1 .14A,t I J , , Reviewed By: Aspen P&Z City Council On May 5 , 1986 City Council unanimously passed a PUD Amendment for the renovation of the existing Hotel Jerome, subject to the following conditions: 1 . Removal of excess building materials and rubbish on the Hotel Jerome site shall be accomplished no later than May 16 , 1986 to the satisfaction of the Chief Building Official and Project Planner. 2. Head-on parking off Bleeker Street shall be eliminated by no later than May 16 , 1986 . Interim parking for no less than 27 vehicles should be provided in the rear of the existing hotel by no later than September 1 , 1986 , if no building permit has been issued by that date for the Jerome Addition. 3 . A picket fence shall be installed across the Main Street yard to screen views of the disturbed area no later than May 23 , 1986 . 4. In conjunction with the PUD Agreement for the Jerome Addition, all items discussed in the prior proceedings shall be addressed. If no building permit has been issued by September 1 , 1986, then an interim landscaping, sidewalks and parking plan shall be drafted by September 1, 1986 and implemented by May 1 , 1987 . 5 . If no building permit has been issued for the Jerome Addition and no PUD amendment agreement is being processed by September 1, 1986 , then an amended PUD Agreement shall be submitted by that date to address all items which have been agreed to with the City Council . SB.19 CASE DISPOSITION: Hot", :cc)t r .( P u 0 10704. ,4' es Reviewed by: cen P&Z City Coun' _1 On 7+vc i r. > -kkg t -L it/I Ar"q K511t41 1/4,/t l� �: Ili ji NAM{W{it,)P, Al"-O•N'LIJ A.P4ti`rn J ( lJ y�„ �vu� �rlUlte(Yl`d • M, H6�GI y ccn puU 1 h w .al .wii avww 1 . Phasing of the project, with changes in the construction sche- dule. 2 . The interim landscape plan. 3 . Employee housing program. e . 4 . Site plan with regard to the ruin Street curb line . 5 . Notice to the owner . The recommended approval is subject to the following conditions: _ Afltbtnk(kiro.VpsttulSjaA'.div (307,r gccgt4tic lb IL City Minkt4 (1 ) �1—eom€1-ete--dr-af-t--,oF ^"^ , highlighting the new language, shall be provided to the Planning Office three weeks prior to its review by City Council, for consideration by the Planner, Attorney and Engineer. 2. Fencing, rail ties, or other minimal landscaping to delineate the Sleeker Street parking and circulation areas acceptablq. to the City Engineer shall be submitted prior to City Council and built by June 1 , 1986 . The curb cut on Mill Street shall be posted for exit only to the satisfaction of the City Engineer . The commitment to finance these improvements shall be stated in the Financial Assurances section of the RID Agreement requiring use of the appropriate mechanism to guarantee fulfillment, and shall be subject to approval by the City Attorney . 3 . A landscape clean-up and improvements plan for the garden area west of the Hotel Jerome acceptable to the Planning and Engineering Offices shall be submitted and completed by June 1 , 1986 . By August 1, 1986 a more detailed landscaping plan to be imple- mented by July 1 , 1987 shall be submitted for Planning and En- gineering Office acceptance if the Phase II PUD Amendment for the addition is not submitted by that date. A commitment to spend a minimum of ;50 , 000 on landscaping improvements shall be stated in the Financial Assurances section of the PUD Agreement , requiring the use of the appropriate mechanism to guarantee fulfillment . 4. The employee housing section of the PUD Agreement shall reflect changes made through approval of the Cortina bodge _em lo i "t6"/'�) dormitory proposal . 6.114( Di 6f 17:14t F�c ,3,6•4.t. k f6:,wri�� r6n I^t'Y '" 1,vi r+. ,� ( ,� 4.r:.1 A rr�crn:.2m5+ 5. The site plan showing the Main Street curb s all be changed to iiwHd`ltS reflect the existing curb line. itistod�i 6 . Notice to the owner and his attorney shall be changed to the current individuals' names and addresses. MEMORANDUM TO: Aspen City Council THRU : Hal Schilling, City Manag- i'� FROM: Steve Burstein, Planning Office 4( RE: Hotel Jerome PUD Amendment DATE : April 23, 1986 ZONING: CC - Commercial Core (H - Historic Designation) with PUD Overlay. LOCATION: Northwest corner of North Mill and Main Streets, 330 E. Main Street APPLICANT 'S REQUEST : The applicant requests to make certain revisions to the Hotel Jerome Planned Unit Development Agreement to reflect the phasing of the renovation and addition stages of the project and minor changes in the concept of the project. The areas under consideration are : parking, sidewalks, curbs and gutters, landscaping improvements, retention of the Annex, changes in internal uses, employee housing, and notice to the new owners. BACKGROUND: The Hotel Jerome Renovation and Addition Planned Unit Development Agreement was recorded on May 10, 1983. Since that time, the ownership of the Hotel Jerome has changed. The current owner, Richard T. Butera, has separated into two phases the renovation and addition activities. As a condition of permitting this phasing of the construction, the Planning Office required the applicant to submit this PUD amendment to clarify those aspects of the building program which had changed. The applicant is presently moving forward to develop new plans for the Jerome Addition and hopes to begin construction this year . The general concepts of the new addition plans were discussed with Council at a Work Session on February 3 , 1986 , and laid the groundwork for a second PUD Amendment expected to be submitted in the near future. The first PUD amendment before you recognizes the project as it has proceeded to date and sets the framework for interim plans if a second agreement is not submit- ted shortly, as well as anticipating that there will be the second amendment. PROBLEM DISCUSSION: A. Referral Agency Comments: o Engineering Department : In a memorandum from Jay Hammond dated December 26 , 1986 , comments were made regarding : (a ) the site plan containing on-site parking; (b ) prior commitments to sidewalk, curb and gutter, detailed construction scheduling, and landscap- ing in the rights-of-way ; and (c ) the landscape improvements commitment in the event the addition is not constructed (see Attachment) . B. Planning Office Comments: The primary intention of the first amended RID Agreement is to establish interim plans for landscaping, parking, sidewalks, employee housing and to anticipate the submittal of a second amendment for a new plan of the addition (Phase II) . The letters of application submitted by Perry Harvey on November 29, December 5 , and December 12, 1985 set forth the amendments under considera- tion at this time. The proposed amended PUD Agreement attached for your review takes into account the applicant ' s requests as well as concerns of the Planning Commission, City Attorney, Engineering Department and Planning Of- fice. The Planning Commission, Engineering Department and Planning Office suggested several measures to improve the interim parking and landscape plan behind the renovated Jerome. The applicant has submitted a site plan following those recom- mendations discussed at the January 7 , 1986 Planning Commission meeting. Included in the plan are landscaping in the garden area, straight curb on Main Street, provision for 31 parking spaces in the rear of the old Jerome, split rail fences along Bleeker Street and an "exit only" sign at the Mill Street curb cut . The date for completion of these activities is July 15, 1986 if an application for the second amendment is not submitted by June 1, 1986 . It is assumed that if this application is made, then the project may be able to begin this building season. Therefore, the garden and parking areas would be a construction area, and the improvements would be destroyed. By August 1 , 1986 , the applicant has agreed to provide a detailed landscaping plan to be implemented by July 1 , 1987 , if the addition is not planned to be built. The owner is pledging $50 ,000 for such final landscape improvements and this commitment is included in the Financial Assurances section of the PUD Agreement. The employee housing program utilizing the Cortina Lodge and four ( 4) employee units in the Hotel Jerome annex was previously approved by the Housing Authority , Planning 2 Commission and City Council . The employee housing section of the PUD Agreement has been clarified in light of the Cortina approval . Specifically, the ambiguity with regard to employees and bedrooms has been clarified. Additional language on employee housing has been suggested by Attorney Andy Hecht which has been inserted in the draft RID agree- ment attached. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission voted unanimously to recommend approval of the Jerome PUD Amendment on January 7 , 1986 . Because no draft PUD Agreement had been prepared in time for the P&Zs review, the conditions of approval included preparation of the Agreement and listed specific items to be included therein. RECOMMENDATION: The Planning Office recommends that City Council approve the First Amendment Planned Unit Development Agreement : Hotel Jerome Renovation and Addition. SB.161 3 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE : Hotel Jerome PUD Amendment DATE : January 7 , 1986 ZONING: CC - Commercial Core (H - Historic Designation) LOCATION: Northwest corner of North Mill and Main Streets, 330 E. Main Street APPLICANT'S REQUEST: The applicant requests to make certain revisions to the Hotel Jerome Planned Unit Development Agreement to reflect the phasing of the renovation and addition stages of the project and minor changes in the concept of the project . The areas under consideration are: parking, sidewalks, curbs and gutters, landscaping improvements, retention of the Annex, changes in internal uses, employee housing, and notice to the new owners. BACKGROUND: The Hotel Jerome Renovation and Addition Planned Unit Development Agreement was recorded on May 10, 1983 . Since that time, the ownership of the Hotel Jerome has changed. The current owner, Richard T. Butera, desires to separate into two phases the renovation and addition activities . It should be noted that other changes, including the new addition' s facade, internal arrangement and on-site parking, will be discussed in a meeting with City Council on February 3 , 1986, to which the Planning and Zoning Commission is invited . After the general concepts of these changes are examined, a second PUD Amendment will likely be submitted. PROBLEM DISCUSSION: A. Referral Agency Comments: o Engineering Department : In a memorandum from Jay Hammond dated December 26 , 1986, comments were made regarding: (a ) the site plan containing on-site parking; (b) prior commit- ments to sidewalk, curb and gutter, detailed construction scheduling, and landscaping in the rights-of-way ; and (c ) the landscape improvements commitment in the event the addition is not constructed (see Attachment ) . B. Planning Office Comments: The letters of application submitted by Perry Harvey on November 29, December 5, and December 12, 1985 set forth the amendments under consideration at this time. The specific language for the new PUD agreement has not yet been developed ; and it will be necessary to have this language prior to City Council ' s review of the amendments. The revised parking plan and description of proposed changes should be adequate for the present P&Z review. The Engineering Department suggests several measures to improve the parking plan behind the renovated Jerome. Jay Hammond recommends that the developer should be required to build landscaping features in the Bleeker right-of-way to help define the curb cuts and eliminate the existing head-on parking. Elimination of the Mill Street curb cut would do away with conflicts with Mill Street traffic, and should also be consider- ed. In addition, the Planning Office notes that the loading area off the Annex entails blocking in from 1 to 4 parking spaces when a truck is there. It also looks like a somewhat tricky manuever to back in a large truck to the dock; although this has been the traditional set-up. The parking plan is solely part of the Phase I renovation and would be eliminated upon construction of the addition. There- fore, the plan should be considered as an interim situation if an addition is built as planned. It is reasonable that the interim plan should be functional ; however, elaborate landscaping and other improvements that will be displaced when the addition occurs should not be required immediately . The applicant has suggested placing some fencing along Bleeker Street to delineate circulation lanes, and to make the curb cut on Mill Street exit only. As an interim solution, fencing or preferably rail ties would be adequate and meets the approval of the Engineering and Planning Offices. However, if by a certain date, the addition is not scheduled to be built, then a more sophisticated site plan should be prepared and implemented. Landscaping likewise should be addressed on an interim as well as a long-term basis. It is desireable to have the garden area west of the Hotel cleaned up and re-grassed early in the coming summer season. The suggested date for these activities is June 1, 1986 . By August 1 , 1986 , the applicant has agreed to provide either a detailed landscaping plan to be implemented by a specific date, or all materials for consideration of the Phase II PUD amendment. The interim landscape plan should be reviewed by the Engineering and Planning Offices for their sign-off, given the objectives of the Planning Commission and Council for improvements such as preservation of existing evergreens, provision of sitting areas, and maintaining green space. In the PUD Amendment before you, the owner is pledging $50 , 000 for landscape improvements. This commitment should be included in the Financial Assurances section of the PUD Agreement with the appropriate mechanism to guarantee fulfillment . The employee housing program utilizing the Cortina Lodge was 2 approved by both the Planning Commission and City Council . As suggested in Perry Harvey' s letter, the employee housing section of the PUD Agreement should be clarified in light of the subse- quent Cortina approval . Employee parking at the Jerome is also affected by the Cortina review and should be included in the second Jerome Amendment when an on-site parking program is worked out . The existing PUD Agreement calls for an accurate and detailed construction schedule to be provided to the satisfaction of the City Engineer and Chief Building Official . This commitment should remain in effect. Due to the State Highway Department ' s refusal to allow the Main Street pull off proposed in front of the Jerome, this element of the plan must be changed. A straight curb, as has existed historically, is being retained. Notice to the owner and his attorney (Section 14 of the PUD Agreement ) should be changed to the correct names and addresses. RECOMMENDATION: The Planning Office recommends that the Planning Commission recommend approval of the Amendments to the Hotel Jerome PUD Agreement in the following areas: 1 . Phasing of the project, with changes in the construction sche- dule. 2 . The interim landscape plan. 3 . Employee housing program. 4 . Site plan with regard to the Main Street curb line . 5 . Notice to the owner . The recommended }}approval is subject to the following conditions: -11,1\1404,1' fvjjt "IF L Py A 3. f.{. C% A complete draft of a revised PUD Agreement, highlighting the new language, shall be provided to the Planning Office three weeks prior to its review by City Council, for consideration by the Planner, Attorney and Engineer. 2. Fencing, rail ties, or other minimal landscaping to delineate the Sleeker Street parking and circulation areas acceptable to the City Engineer shall be submitted prior to City Council and built by June 1 , 1986 . The curb cut on Mill Street shall be posted for exit only to the satisfaction of the City Engineer . The commitment to finance these improvements shall be stated in the Financial Assurances section of the PUD Agreement requiring use of the appropriate mechanism to guarantee fulfillment, and shall be subject to approval by the City Attorney . 3 3 . A landscape clean-up and improvements plan for the garden area west of the Hotel Jerome acceptable to the Planning and Engineering Offices shall be submitted and completed by June 1 , 1986 . By August 1, 1986 a more detailed landscaping plan to be imple- mented by July 1, 1987 shall be submitted for Planning and En- gineering Office acceptance if the Phase II PUD Amendment for the addition is not submitted by that date. A commitment to spend a minimum of $50 , 000 on landscaping improvements shall be stated in the Financial Assurances section of the PUD Agreement , requiring the use of the appropriate mechanism to guarantee fulfillment. 4. The employee housing section of the PUD Agreement shall reflect changes made through approval of the Cortina Lodge employee dormitory proposal . na T} �osii ^ (,n d L ; y� p J4t " 5 . The site plan showing the Main Street curb shall be changed to reflect the existing curb line. 6 . Notice to the owner and his attorney shall be changed to the current individuals' names and addresses. SB.16 (/Y4n,rTIr' 4 November 25 , 1985 HOTEL JEROME Floor Area Calculations Existing Hotel : 110 x 100 x 4 44, 000 sq. feet Annex: 1, 500 x 3 4, 500 Bathrooms : 405 x 2 810 Gross Square Footage: 49 , 310 Excluded Areas: Center light shaft 1, 332 Lower level mechanical & storage 2,000 Lobby level storage 600 Upper floors storage 690 Annex: Lower level storage 437 Lobby level 181 Loading dock 96 Bath: Basement 405 Total : ( 5 , 741 ) Floor area in old: 43 , 569 Land area 47 , 712 FAR 2. 7 :1 Allowed square footage 128, 822 Existing 43, 569 Potential addition 85, 253 HOTEL JEROME Square Foot Breakdown (Approximate) USE RENOVATED BUILDING Guestrooms 16,140 Employee Housing 1, 500 Hotel Offices 525 Kitchen, Restaurant, Bar 8, 120 Restrooms 1, 000 Meeting Rooms 5 , 644 Service, Mechanical , Storage 4, 300 Public Circulation 9$ , 700 PERRY A. HARVEY 601 East Bleeker Aspen, Colorado 81611 ( 303 ) 925-4545 December 5 , 1985 Dr . Alan Richman Director of Planning City of Aspen 130 Soutn Galena Aspen , Colorado 81611 Dear Alan : I am enclosing the following : A) Proof of ownership in the form of a copy of the Deed . B ) A letter from Dick Butera authorizing ]lie as the owners representative . C ) The cneck for 81 , 490 . 00 for the application fee was delivered separately . Let me review toe changes which will appear in the renovated Hotel from what was planned by Rd . Gilmore . The original plans called for removing toe Annex and adding the addition . The existing hotel was to have twenty-eight rooms , 9 , 200 square feet of restau- rant, bar and meeting space , and some 4 , 0 square feet of retail shops . The addition was to nave severity-seven new rooms , 11 , 400 square feet of restaurant and bar related space , some 5 , 500 square feet of retail shops , and four employee rooms The current renovation retains toe Annex, adds a small bathroom budding , consolidates all toe restaurant space into the existing building , reduces the room count to twenty-seven, eliminates all the retail snobs , and provides four e:•-nloyee rooms . These changes will require a redesian of the audition; to accommodate the Park Service and tue retention of toe Ann? , among otaer cnan es . The addition will have some 6 , 00 square nee ` (. ,_ 'tinr' with ace , ith toe ren.r j ] oer r. voT. d to hotel r %xcIJ . _ Mr . Alan Richman December 5 , 1985 Page Two The uses in the renovated building break down as follows : Use Original New Guest Rooms 14 , 574 16 , 140 Employee Housing -0- 1 , 500 Kitchen, Restaurant, Bar, Meeting 9 , 227 13 , 700 Hotel Offices 3 , 081 525 Retail Space 4 , 427 -0- Services (mechanic and storage ) 3 , 435 4 , 300 Public Circulation 9 , 25E 9 , 700 Any requirements of the PUD Agreement not covered in the application for the Amendment dated November 29th, or herein , will continue as obligations under the PUD unless otherwise amended in the future . Tre landscape plans are presently an unknown. The Main Street facade has a new sidewalk and will soon have trees planted in the planters on each side of the entrance to the Jerome . As you know, the State Highway Dc art.nent would not allow mcvino of toe North i?est corner curb to create a pull-off lane. The sidewalks along Pill Street will be repaired as needed and as weather permits . The parkind area will be leveled and graveled according to tine parking plan . Landscaping for the remainder of toe site will be planned by Edward Durell Stone , Sr . , a nationallY renown landscape architect. Because the plan depends upon the footprint for the addition and the resultant sideyards , the landscaping for the full project will be submitted with the plans for the addition . In the event the adoi- tion is not built, the owners pledge a minimum of $50 , 000 for landscaping of all disturbed areas of the site to create a feel to the grounds in keeping with the elaborate renovation of this historic landmark. Please contact me with questions or additional needed infor: ation . Sincerely , Perry A . harvez Pi15/n.kh Enclosures M E M O R A N D U M TO: Steve Burstein, Planning Alan Richman , Planning {{ FROM: Bill Drueding, Zoning \X"--'d RE : Hotel Jerome DATE : May 27 , 1986 ( 1 ) Once again pools and spas appear to be in the required open space . If the code does not get changed, Planning, and Zoning should recommend to the Board of Adjustments that a variance be approved. I am aware of Alan Richman ' s feelings and letter in regard to pools in open space and . I agree. ( 2 ) As mentioned in Perry Harvey' s letter of April 29 , 1986, the roof will be measured to the top of the required parapet . Jim Wilson , as well as myself, feel this is the intent of the height code . (3) Once again , verification of open space, F. A. R. calculations , etc . , will be made by this Department during building permit application review. (4) Applicant should be careful that proposed trees at the corner of Mill and Bleeker Streets , and Sleeker and Monarch Streets , should not further obstruct the corner site view for traffic . cc: Jim Wilson , Building Official Peggy Seegers , Zoning Official ar/BD ..iPOSITION: ',�4 p1 Chat e N ,c >PPL-7en F:0>> . �' L e I U (( p con�eM n■�M nf n„ ewed by : Aspen P&Z uncil On Dec=Mk ev9, 0135- Cootie i u' nnrxi. c / C/4417 M All G'MPeT.t 4"' Hirai 1-: M 1 . All units shall he deed-restricted to the low income employee housing guidelines. Units 8, 11 , 12, 13 , 14, 15 and 16 shall be associated with the Hotel Jerome ' s. employee housing obliga- tions . Units 1 , 9 , 10 and 17 shall be associated with the Woodstone Inn ' s employee housing obligation. Units 2, 3 , 4, 5, 6 and 7 shall be reserved for future employee housing needs in association in the obligations yet to be determined. 2 . The Cortina Lodge facility and grounds shall be upgraded accord- ing to representations made in "List of Improvements, Schedule A. , 3 . Unit 232 of the Woodstone Inn shall be refurbished with a toaster oven, microwave and sink. 4. Approval fcr an amendment to the Woodstone Condominiumization Plat designating storage space adjacent to Poor 232 as L. C. E. as- e sociated with the room shall be obtained. "/ 1� //- CPS„c;1 ktkV atA4t07 44 a fM .{ c1( ;Li{ 1 4114114nla„ ! P ufora' ygell 1 5.vbj1LL prat,” N1Jyi +Lc, I 1 . All Cortina units shall be deed-restricted for rental use for em- 1 ployees. 2 . The six month minimum lease restriction with no more than two shorter tenancies shall be waived. 3 . A schedule of improvements shall be drawn up to correct deficiencies noted in the Building Department memorandum of November 12, 1985 . All improvements shall be made as acceptable to the Building Department prior to recordation of the condominiumization plat . 4 . A Statement of Subdivision Exception for the purpose of condominiumi- zation shall be submitted , cr' ,r+.7 4 =• 5 . The owners agree to join any special improvement districts formed in the future, and shall include this agreement in the Statement of Subdivision Exception . 6 . A condominiumization plat shall be submitted meeting all requirements of Section 20-15 of the Muni ci pal Code. a'rION: tort;"s; 'D(11e Change in ()Se(61'P bent tla,)gnJ 644,; "9;.24-[;20 by: spe;. PL City Council ' 1 g 1 l' d 0 •DSeJ fo Aptavpry 4 ' }k !^ aR4 'that[ W�,Cotia t'!iy ."�`$ �Pd2 X701 S ;nfab'� ' 1, QII�i,fe to" 111}r'�;4 �f hit ihth 1 . All units shall be •eed-restricted pie low income employee housing guidelines. ` `, ; "5, 11 , 12 , 13 , 14 , 15 and 16 shall be associated with the Hotel Jerome' s employees housing obliga- tions. Units 1 , 9 , 10 and 17 shall be associated with the Woodstone Inn ' s employee housing obligation. U,!;ft;• °d, 3y 5-, 6 a>.e 4,4U befes'rod o:'TUly/z impl;ytc ',eels 41,0 ie;At;34 eb(ife.;rs)af yet 1c be fetes aJ: 2. The Cortina Lodge facility and grounds shall be upgraded according to representations made in "List of Improvements, Schedule A. " 3 . Approval from the Housing Authority shall be obtained for the condi- tions and types of employee deed-restrictions to be placed on the four Hotel Jerome units. 4. Unit 232 of the Woodstone Inn shall be refurbished with a toaster over, microwave and sink and a storage area. 5. Approval for an amendment to the Woodstone Condominiumization Plat designating storage space adjacent to Room 232 as L.C. E. associated with the room shall be obtained. r G mrtei U•IFI: C.:� �p rltitiwnz4 a•s Aerl^•d/� G:^-f�;T 17.4,':7 I vc� SP o.f faf�. ltrr-! t.;,1��C,U; PE31 All Cortina units shall be deed-restricted for ,rental usefe'emplcjetsst/-I .j i»G.dG Mir•iAU,P Ie.¢ IY1s,r(Me•.! s b. w'G Iu Qti. • k. A schedule of improvements shall be drawn up to `correct deficiencies noted in the Building Department memorandum of November 12 , 1985 . All improvements shall be made as acceptable to the Building Department prior to recordation of the condominiumization plat. 3 A Statement of Subdivision Exception for the purpose of condominiumi- zation shall be submitted, ,47 aeia• ,wf1t/i Z 712 Fi `l. The owners agree to join any special improvement districts formed in the future, and shall include this agreement in the Statement of Subdivision Exception. - ' A condominiumization plat shall be submitted meeting all requirements of Section 20-15 of the Municipal Code. 7r .fit 1 :� it r i� L.i�il .. :r �h4F'i I :� �6 fit .rp�.^,y-(� i2 �.[���-Y: ()YL9 ��l'•i17 rr r; ✓ .1 . A plan for eight parking spaces shall be submitted for the approval of the Engineering Department prior to review of this application by City Council . 2 . Seven (7) additional off-street parking spaces shall be provided �—to the present 60 parking space commitment for the Hotel Jerome 'for use of the Hotel Jerome employees living in the Cortina . WEDNESDAY • oip 1144 git n a two 315 E.HYMA'•, ASPEN,COLORADO 61611 WEDNESDAY,JULY 9, 1986 ' VOL 9 M8 FREE Snowmass Reconsiders Stand On Maintenance Facility BY:HAL CLIFFORD maintenance facility for Town service .�o dr. »: vehicles: ° for the Daily News Council members began rethinking a their position after County financial s g The Snowmass Village Town Coun- advisory board member Harry it cil may be backing off its earlier in- Truscott told them they could save • r Y>° a clination to build its own maintenance significant sums for the town if they = facility, shunning Pitkin County and took part in a joint facility, instead of the City of Aspen. The Council agreed going it alone on a new garage for ° - , Monday to reconsider its position after Snowman Village. 8 hearing that the town could save THE TOWN could save about ' .°4 �t. $1 million if council members choose $1,000,000 over 20 years, Truscott s "ta °^,.,./ to share a maintenance garage with the calculated. Earlier estimates had put ,,a; 07, � ,x� - - two other governments. Council the savings at $180,000 over the same members had earlier leaned towards avoiding a joint three-way Please see SNOWMASS on page 2 } �✓ K�03 1 . 3 Y �ck of +� Man Upset About Being Put on The addition to the back of the `° ' Hotel Jerome will cost er -- i§tt Hold by Emergency Dispatchers .- 9�to pareB„yeor Dick Sclera (right). He says the 2` �t :` exterior of the addition alone will a cost $1 million. t` ° ° � BY,DAVE PRICE t for the Daily "It's beyond my com- Work on 67-Room Please stop. You're going to Prehension that anyone kill me." Would intentionally Hotel Jerome e A woman with a man in parked car blow this off." on Red Mountain screamed those Mich Rianoshek (� Expansion IJ tarts words at about 9:20 Sunday night,'ac- cording to Monk Burkmier, a night Police chief watchman on a construction project. in October Burkmier said when he called Aspen police to report the screaming, he was put on hold for over one minute. the police. Records show a sheriff's Construction will begin in October reproduce an historic building," he ex- An unidentified male dispatcher who deputy arrived 15 minutes after the call m a 57-room addition behind Aspen's plained. answered the call asked for the location was received. historic Hotel Jerome, part-owner "Hopefully, when people call they of the incident and then put Burkmier BEFORE ANYONE arrived, Dick Butera announced Tuesday. won't say 'don't put me in the annex,' on hold, he said. Burkmier said the car with the woman The$7 million addition—which will " Butera joked. HOW LONG Burkmier was put on slipped into the night.He described the include a ballroom with seating for 350 THE BRICKS, RUGS and wall hold is in dispute. He says it was three car as a late model four-door green or people should open in June 1987. paper will be the same in the old and minutes.A tape made of dispatch calls blue sedan. Because it was 750 feet The cost of furnishings will add new portions of the Jerome, he said, indicates the wait was 90 seconds. away from his window, he didn't get a another$3 million to the cost, he said. , Ceilings in the new rooms will be two The dispatcher returned to the line license number, Burkmier said. THE ADDITION will resemble the feet lower than the 12 foot ceilings in and asked for Burkmier's name. "He Burkmier called the Daily News century-old hotel at Main and Mill the old hotel. was more interested in knowing my Tuesday to complain about the dispat- streets,Butera said. The purchase and renovation of the name than how to get to the car." cher. A Daily News reporter went with "Let's say the building is a cousin. Burkmier said he didn't see any They don't like you to exactly Please see JEROME on page 2 squad cars a few minutes after calling Please see CALL on page 2 hoberts Foreclosure 'Steamboat Lift Snowmass Voters Stops Bank Sale Tickets Rise to $27 Approve Two Taxes See Page 4 See Page 8' See Back Page • Page 2. ASPEN DAILY NEWS.Wednesday,July 9, 1986 FROM PAGE 1 Snowmass Takes 2nd Look at Fix-It Barn SNOWMASS from pope 1 over all county taxpayers,Tippett said respond quickly to problems, accord- to the county garage, Truscott said The Town Council and Pitkin County ing to Pitkin County fleet manager But residents in unincorporated,' s period, Snowmass Village Mayor Jeff Commissioners will meet Monday to Bruce Vandergaw. of the county would end up paylzb a3 Tippett said. sort out the issue. But Truscott calculated that percent more in property tax, he Whether Snowmass Village would SNOWMASS OFFICIALS had Snowmass Village residents would pay calculated,if the county built its garage save $500,000 depends upon whether previously argued that travel time bet- 16 percent less in property taxes if they to include others. the amount is spread over all County ween Snowmass Village and the likely joined up with the County instead of Truscott's, figures depend upon taxpayers, or paid by Town residents facility site — the airport business building their own facility. whether or not the City of Aspen and alone. The amount is the estimated center on Highway 82—would eat up TRUSCOTT ASSERTS that Snowmass Village park their vehicles at cost of specifically including any savings created by joint opera- residents would pay only $4.80 per the$3.8 million barn. Snowmass in the $3.8 million strut- tions. Snowmass Village is 7 miles $1,000 of assessed property value for a ASPEN, 'PITKIN County and ture, Tippett said The total price tag from the business center and 11 miles joint facility; if they built their own, Snowmass Village all need new garages came from a report by Fleet Manage- from Aspen. they'd pay$5:90 per thousand. for their vehicle fleets,according to the ment Consultants of Houston. Snowmass Villagers have also said Aspen residents would save 19 per- Houston consulting study. The Coun- Truscott assumed that the half they wanted service vehicles like cent on the cost of a garage if they in- ty, City and Town governments own million dollar cost would be spread snowplows close to home so they can corporated their maintenance work in- 450 vehicles. Hotel Jerome Owners Expect to Make Profit in Long Run JEROME from page 1 _ in proportion to what we make on the town. It now boasts amembership of summer I was another Cantrup. rooms," Butera said 1,100, or as Butera puts it, "25 percent have $5 million in cash- real cash year Butera said he and his partners of the population of Aspen belongs to La that building,"Butera said Cantrup original hotel last ear cost Butera and p rtners ex- the Aspen Club." often bought properties with no money his partners a total of S10 million, he pest to make a profit over the long run. He expects the club to show a down and then borrowed against them, said. Butera cited the Aspen Club as an modest profit this year, Butera said .public records indicate.In March 1983, Rooms will continue to go for bet- example of venture in which he's in- Tuesday. Cantrup entered bankruptcy pro- ween $225 and $350 per night in the volved that should show a profit over Not everyone in Aspen is convinced ceedings which eventually claimed winter and $90 to $180 during the rest time an expanded Hotel Jerome can be pro- most of his assets. of the year, he said - BUTERA AND his.wife, tennis pro- fitable, Butera acknowledged. Aspen's Butera's partners, who put up most WILL THE HOTEL make a profit? fessional Julie Anthony, purchased the two biggest.hoteliers—Hans Cantrup of the cash for the Hotel Jerome pro${ "On a per-room basis, we're pro- club in 1982. It lost money the first and John Roberts have faced ject, are Jim McManis of Westport, bably pushing the upper limits (of na- three years the couple owned it, he serious financial problems because of Conn., a Marketing Corporation of tional norms for room costs). But we said Part of the debt was caused by the their land deals. - America executive, and New Jersey do a lot of food and beverage business improvements made to the club east of "I FELT BAD when people said last bond broker Thomas Kane. Police Say Call for Help Outside of Its Jurisdiction CALL from page 1 is that he (the dispatcher) didn't think to the dispatch tape. Sheriff's deputies hold," Young added. She encouraged it was real important," Burkmier said were dispatched two minutes later. anyone with an emergency to call 911 Burkmier to police headquarters to ask RIANOSHEK paused. "It's beyond However,it took the first squad car 13 instead of the business lines for the Chief Rich Rianoshek about the corn- my comprehension that anyone would minutes to arrive because it was police or sheriff. plaint. intentionally blow this off," he said downvalley at the time, Young said Young suggested that response time Rianoshek said Red Mountain is The chief promised to check out Both cars had to speed through might be faster if the County and City outside Aspen's city limits and that the Burkmier's complaint. town, perhaps even passing an Aspen would spend $18,000 to hire anaddi- a situation should have been investigated "In 75 percent of these cases,there's police squad car, on their way to Red tional employee. by Pitkin County Sheriff's Depart- ment, re-not Rianoshek's officers. maiming 25 percent, we get to learn The first deputy arrived at 9:32 and call for an ambulance goes out at something about what we are doing," the second two minutes later, she said. almost the same moment the call comes The dispatch phone is answered at Rianoshek said Both officers took about 15 minutes in to dispatch, Young said night by the Aspen/Pitkin County Later, at police communications, searching in vain for the vehicle This dispute may boil down tt. 1 Communications office,which handles director Sherry Young listened to a Burkmier described, Young said perception of time, Young said all night calls made to both police and tape made of all incoming calls to YOUNG EMPHASIZED that, ac- "Passage of time is so subjective sheriff's deputies, and 911 emergency dispatch Sunday night. cording to the tape,the dispatcher took Deputies say they waited five mi nutes calls. "THERE WAS A lot going on that down all the essential information for some information and it turns out "I'm not out to get the police. I'm night. We had a mountain rescue going before Burkmier was put on hold. they waited only a minute or two. I your No 1 fan," Burkmier, an Aspen on(at Maroon Bells campground) and Burkmier didn't agree. He said no one hear it all the time," she said resident for 18 years, told the chief the other two deputies were on the road` called him later to ask for more infor- "I'm not dissatisified at all with the Tuesday morning. downvalley," she said Two dispat- oration, including where the car might way the dispatcher handled the call. "I'm not here to pimp anybody, but chers were on duty at that hour,she ad- have gone. Had we not had the mountain rescue I was scared something was going to den, "If he had called in on our 911 going at.the same time, it would have ❑appen to that woman. My impression The call came in at 9:17, according number, he wouldn't have been put on been sooner," Young said House Painting *Sr > `i �nn pail genie 6uaraetted A '7 shade setter Seafood Specials Generd Manager amity Chardonnay Production Manager Tom Lees during Adverteiag Barbara Clarke Production Assistant Jerry Lee.. Interior & Exterior _ Advntising Elizabeth. Harken Art Production aobbein Akandar Happy Hour Advertising Ann McIntyre Advertising Stephanie Adkin al - p.m. Everyday Reporter. - Harlan C.Clifford An Production Manage ....Theresa Young �„/�t' 3.11.194:/ �; ..Reporter Dave Price AdrrdnMntive Assistant *Ilion Danforth °'1II I 'w '1 1/2 lb. Peel & Lest :ihrimp $3.75 , , '4" Editorial Anistant Sharon Brown wen Coast Bureau Deborah Caulfield Jil t Founding Publisher Mark Shaw Publisher Dave Danforth Baker's Dozen Mussels$3.75 ' ^ "If you don't want it printed, don't let it happen" Call for •WHEELER free estimate Steamers $3 75 p, The ASPEN DAILY NEWS,founded Aspen,Cy t,oil. In 3i d duly exceptsAye• H 920-22:5Y °l 7 Mdang ddr2m:P.O.Box r Mu u:830 CO 81 612.Offices:ol Colorado E. os As Ave..i n and. t 920-2140 4,,tuhetip¢pep House a 920.2240, 1 _ Tel:(J02)9252220;Denver Inland:a2 Daily Press Member Cobrade Press Association and. ,, - ... _., w Inland DaBY Prep AmrMatMn. MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alan Richman, Planning and Development Director RE : Hotel Jerome PUD Amendment Phase II : The Addition DATE : June 3 , 1986 APPLICANT'S REQUEST: The applicant requests an amendment to the Hotel Jerome PUD with respect to the proposed addition . The attached letter from Perry Harvey describes some of the reasons for the proposed amendment , and evaluates many of the important project parameters which will need to be addressed in this land use review. The addition of lodge units to this individually designated historic structure is exempt from competition from the quota system (although to be deducted from the lodge quota at the time of building permit issuance) as per Section 24-11 .2 (b) of the Code. Specifically , the applicable provisions of the Code for P&Z consideration are : 1 . Section 24-8 .26 - Amendment of PUD Plan 2. Section 24-3 . 3 (c ) - Amendment of approved conditional use (Hotel in CC zone district) . 3 . Section 24-3 .7 (d ) (8) - Restaurant in required open space . 4 . Section 24-3 .5 (b) - Reduction of trash and utility service area dimensions. BACKGROUND: On April 11 , 1983 , the Aspen City Council approved the Hotel Jerome PUD, Renovation and Addition. When ownership of the Hotel passed from John Gilmore to T. Richard Butera, the Planning Office and City Attorney determined that a phased development program was permitted under current regulations, but not recognized in the adopted PUD Agreement . Therefore , the issuance of a building permit for the work on the existing building was expressly conditioned on the applicant submitting a PUD amendment addressing the impacts of phasing. That applica- tion, which we will refer to as "Hotel Jerome PUD Application , Phase I : The Renovation" was approved by City Council on May 5 , 1986 , subject to the conditions listed in the attached memorand- um. 1 PLANNING OFFICE ANALYSIS; When this proposed amendment was first presented by the applicant at a work session on February 3 , 1986 , it appeared that the changes to be made to the project were quite positive and desirable. Having now received the applica- tion and with an opportunity to review the proposal in more detail , we see some significant problems , in addition to some very clear benefits to be achieved. The following table sum- marizes the changes proposed by the applicant , and the advantages and disadvantages each change portends for the community when compared to the approved plan. TABLE 1 - PUD AMENDMENT SUMMARY - HOTEL JEROME ADDITION Proposed Change Advantages Disadvantages 1 . Reduce room May lessen overall Bigger rooms may count project impact . accommodate larger guest count . 2 . Eliminate com- N i l l l e s s e n None mercial space overall project impact . 3 . New architec- Greater historical Incompatible with tural style integrity . s u r r o u n d i n g heights ; loss of building stepback . 4 . Provide park- Insures avail - Increased heights ing on-site ability of parking will increase at same time as shading effect on project construc- Bleeker Street ; ti on ; eliminates loss of contribu- travel to and from tor to public off-site location. parking structure 5 . Revise land - None Garden is exces- scaping plan sively "urbaniz- ed " ; buffer at corner of Bleeker and Monarch has been reduced; much of the open area does not meet definition of open space . 6 . Revise service Improved turning area movements; reduced Potential auto- congestion on Main truck conflicts ; Street . increased traffic on Bleeker Street. 2 Following is a more detailed examination of each of the proposed changes , their benefits and costs , and their consistency with applicable criteria from the Municipal Code . 1. Reduce Room Count - Following is a comparison of the room count as originally approved in 1983 and as to be amended herein: Approved Plan Proposed Amendment Existing Bldg - 28 guest rooms Existing Bldg - 27 guest rooms , 4 employee units in annex New Bldg - 4 employee units New Bldg - 67 guest rooms 74 guest rooms The above comparison demonstrates that whereas previously 102 guest rooms and 4 employee units were to be provided on site , the current proposal is for 94 guest rooms and 4 employee units to be located herein, a net reduction of 8 units . The smaller room count would typically translate into lessened on-site and off-site impacts. However, since the new rooms will be more spacious than the prior approval , it is likely that the total pillow count for the hotel has actually increased, depending on how the hotel is managed. We would like to see a comparison of expected pillow counts from the approved to the amended project to verify the actual impacts to be experienced. 2. Eliminate Commercial Space - The approved addition included a variety of commercial uses associated with a " full service " hotel , including a flower shop . books and gift store, boutiques, camera shop, barber/beauty salon , etc . Given the proximity of this site to shops in the commercial core, it is quite obvious that all of these uses are already within walking distance of guests _ Further , it could have been expected that these uses would have drawn additional patrons (and impacts) to the hotel , and not simply act in an accessory manner for guests only. The removal of the commercial space from the project is a principal factor contributing to the reduction of the project ' s FAR by approximately 23 , 000 square feet (from about 2.7: 1 approved to 2. 23: 1 proposed) but still requiring a variation of the CC FAR. The allowable FAR in the CC zone district is 1 .5:1 , increasable to 2 .0: 1 by the provision of on-site employee housing in the ratio of 2 feet of commer- cial space for every 3 feet of housing provided on-site . 3 Since the project provides only 1 , 350 s. f . of employee housing on-site, an additional 900 s. f. of commercial area is allowable for a total project Floor Area of 73 ,818 ( 1 . 55 : 1) . Any increase beyond this size represents a variation of allowable FAR. Please note that the parking garage , involving 18 ,400 s. f. of area, is entirely exempt from FAR calculations , as per Section 24-3 .7 (e ) ( 3) of the Code . Nevertheless, since the parking structure is not fully below grade, it does contri- bute to the perceived mass of the building. On balance though, we agree that the overall site impacts will be lessened by the reduction of commercial space on-site . 3 . New Architectural Style - The applicant indicates that due to comments by the National Park Service, a revised archi- tectural theme for the addition has been developed. Quite frankly, we are most enthusiastic about some of the detailed aspects of the revised architecture and would like to compliment those responsible for proposing what is a very special treatment of a very important building. These comments simply echo those of the Historic Preservation Commission , which gave final approval to the design at a public hearing held on May 27 , 1986 . While we are most supportive of the architectural details involved in the window treatments and the more authentic , rather than modernistic character of the addition, there are significant problems imposed by the elevations associated with the proposal . Following is a comparison of the heights at the corners and mid-block of the surrounding streets. Street Approved Plan Proposed Amendment Mill Street 47 ft . to 52 ft. 47 ft. to 52 ft. (from connection of historic building to corner of Bleeker ) Bleeker Street 52 ft . to 48 ft. 54 ft. to 50 ft. to to 24 ft . 40 ft. (from Mill Street corner to mid-block near pool to Monarch corner) Main Street 24 ft. 44 ft. to 33 ft. (from attachment to historic building to Aspen Times building) We find the new elevations to be incompatible with sur- 4 rounding land uses in the area - which is a criterion of the conditional use amendment (Section 24-3 . 3(b) ( 3) ) . It should be recalled that during the 1983 review of this project , the rear half of the site was rezoned from 0 - Office, to CC- Commercial Core . This rezoning was permitted, in part , because the height of the addition around the pool was only to be 24 feet , and, therefore , was less than that allowed for the properties along Monarch and Bleeker Streets. The present proposal is substantially in excess of the 28 foot height limit of the office district , and will dwarf the surrounding uses . Furthermore, the prior design provided for a stepped-back architectural form, which helped in reducing the perceived mass of the building, and which also provided benefits in terms of shading on Bleeker Street (for additional related comments, see discussion of parking and site design, below) . A final concern is that from a Building Code standpoint , a 50 foot height limit is the max- imum allowed for wood frame construction. This limitation would also indicate that height reductions be implemented. 4 . Provide Parking On-Site - The approved PUD plan required that the applicant provide 60 parking spaces (35 employee, 25 guest ) in conjunction with the project . The number was derived from a staff analysis , utilizing survey data regarding method of guest arrival to Aspen, and taking into consideration existing parking on the site, the applicant ' s commitment to provide three limos and other auto disincen- tives , and the projected employment increase associated with the expansion. The spaces were to be provided through a cash contribution to the Rio Grande parking structure, with interim plans also identified if the structure were not built by the time of Hotel occupancy. The applicant now proposes to place 51 spaces subgrade on the site, with access from Bleeker Street. The principal benefit of this alternative is that it insures the avail- ability of parking for the project at the same time the addition is occupied. Provision of the parking on-site also eliminates the need for travel to and from the off-site location , which could have been as far away as the Golf Course under the approved PUD Agreement. One reason that so many of the required spaces were to be reserved for employees was the uncertainty as to the location of the housing to be provided by the project . At the time, it appeared that the applicant would purchase Hunter Creek units, or those in some other existing complex. The fact that we now know that the housing will be provided at the Cortina , which is within one block of the Hotel , obviates the need for much of the employee parking and opens up additional spaces for guests. Provided that the limo service operates with three vehicles , we believe the 51 5 spaces to be adequate for project needs . The principal problem caused by providing the parking on- site is that it has raised the elevation of the addition. Whereas previously the building around the existing pool was to be sunken 1/ 2 story into the ground, for a three story height of only 24 feet , the parking now protrudes 6-8 feet above grade as one moves from Mill Street to Monarch Street , for a building height of 40 feet in the northwesterly corner of the site . In addition to the visual/land use compatibility issue with respect to height , a second concern is the likely shading effect on Sleeker Street . We have recently requested a shading study showing the effect of the approved building, the requested amendment and an intermediate alternative of about 32 (rather than 24 or 30) feet around the pool. Given the intention of the applicant to use Sleeker Street for delivery trucks and as a parking garage entrance , and recognizing the hazard with the existing grade on the street , we feel that it is crucial to know whether the street will be in shade for all or part of the winter . One last concern with respect to parking is that by provid- ing the spaces on-site , we have lost a potential contributor to a public parking structure. Unless the P&Z and Council simply find the amendment entirely unsupportable and send the applicant back to the drawing board (an action which we would not support) , we see no way around this issue . 5 . Revise Landscaping Plan - There are several important changes to the proposed landscape plan for the property. The original approval showed landscaping in the following portions of the site : a . Jerome Garden - This area was to be a very formal flower garden and patio, surrounded by turf, shrubs and trees . b. Pool Area - A new pool and jacuzzi were to be placed in approximately the current pool location. c . Periphery - Extensive tree and shrubbery plantings were to be placed along the exterior of the project on Mill , Sleeker and Monarch Streets . An impressive planted setback buffered the Monarch/Bleeker corner. The new landscaping plan has the following elements : a. Jerome Garden - The garden area is now shown as principally brick paving, with trees and shrubs spaced within the interior and exterior of the area . The two 6 principal uses of the garden appear to be bar/outdoor dining and a swimming pool space. The garden has been extended to the rear , adjacent to the new lobby with a grass lawn. The old pool area is covered by building. b. Ballroom Patio - A brick patio with trees and shrubs is proposed between the historic and new buildings on Mill Street . c. Periphery - Extensive tree and shrubbery plantings are still to be placed along the exterior of the project. The setback at the Monarch/Bleeker corner is reduced to standard proportions. The Planning Office is very dissatisfied with the new landscape plan. We find the prior approach, which incor- porated much more green space in the traditional garden to be vastly preferable to the "urbanized" scheme proposed today . The rear green space is not likely to receive significant sun, and is not of benefit to the public due to its location . The ballroom patio, while providing an opportunity for guests to "take a breather " is also not truly viable open space for the public since it sits above the Mill Street grade by more than four ( 4) feet . The open space shown on the proposed plan does not , for the most part, conform to the definition of open space contained in the Code for the following reasons : 1 . The garden area does not meet the minimum frontage requirement of 100 feet or half the length of the lot frontage ( it is 60 feet wide but needs to be at least 80 feet wide) . 2 . The ballroom patio does not meet the frontage require- ment and it is also more than four feet above grade. 3 . The rear garden area does not front on the street at all . The only area which appears to meet the open space require- ments is a 1400 square foot area in the rear corner of the building at Mill and Bleeker Streets. The situation with repect to open space calculations is similar to that which we have recently experienced with the Little Nell project. In that instance, it was our recom- mendation that Council vary the method of calculating open space, based on the intent of having open space as a visual relief from the building mass. From this perspective, the 7 ,320 square feet of space in the garden which does not meet the minimum frontage requirement , but is the historic open space on the site, should be counted toward the open space 7 requirement . Counting the two areas, an open space calcula- tion of 18 . 3 percent is obtained . If we also add the ballroom patio, an open space calculation of 21 .7 percent is obtained. Lastly , adding the rear garden , which has no street frontage , allows for a 25 .4 percent open space calculation. Our position is that 18 .3 percent of the site be considered as open space (garden and northeastern corner) , and a variation from the 25 percent requirement be granted in light of the two other available areas which are not being built upon. In a conversation with the applicant ' s representative on 5/28 , we were informed that the applicant also does not feel comfortable with the plan as shown. A new plan has been prepared, and will be presented to P&Z at your meeting on Tuesday . This plan was presented to the staff just as this memo was being finalized and while it seems to be a vast improvement over the earlier proposal has yet to receive detailed scrutiny by us. 6 . Revise Service Area - The original scheme for the loading dock off Bleeker Street required trucks to back into the area , causing potential significant conflicts with other vehicles on the street . The new plan shows a loading dock in approximately the same location as previously , but in a new configuration which allows direct access for trucks without the backing in movement . This is a vast improvement over the prior plan . However , this same area provides access to the parking garage , causing the potential for auto/truck conflicts. The Engineer reviewing the project requested additional traffic and delivery data to assess the severity of this potential conflict and is also concerned about conflicts between garbage trucks and auto movement . By moving the guest drop off from Main Street (where the Highway Department refused to permit it) to Bleeker Street , we trade congestion problems . However , it is vastly preferable to have this congestion removed from Main Street , if an acceptable solution to the grade/icing problem on Bleeker Street is found. According to Elyse Elliott , the cost of regrading and paving Bleeker Street is about $35 ,000 . Since this project is not in the City ' s capital budget, but should be accomplished at the same time as the Hotel Addition, we suggest the following options : a. Have applicant pay the full cost of the regrade; b. Have the applicant "front" the cost of the regrade and have the City pay back a percentage of this cost , with the percentage and method of payment to be finalized in the PUD Agreement with Council ; or 8 c. Have the applicant "front" the cost of the regrade and have the City pay back the entire cost to the appli- cant . Since this problem on Bleeker Street affects both the City and the applicant , and since the applicant ' s new service area will clearly exacerbate an already hazardous situation, we feel that having the City and the applicants share the cost , with the City paying the applicant back for "fronting" the initial expenditure, is the most equitable solution. The applicant requests that P&Z vary the size of the required trash and utility service area. Using the stan- dards of Section 24-3 .7 ( h) ( 4) , an area of about 100 linear feet on an alley is needed . The entryway to the deli- very/garage is about 65 feet in length , abutting a street and not an alley. The internal dimension of the loading area and turnaround is nearly 115 feet in length . The Engineer comments that the trash area appears to be adequate at 10 ft . x. 17 ft . If the P&Z finds that the turning movements within the service area will work, and conflicts between cars and trucks are minimal , we recommend that you vary the requirement at such time as the Engineer ' s concerns have been addressed. MISCELLANEOUS ISSUES: A variety of other issues have been raised by the referral agencies. These issues include retention of storm drainage , provision of utilities, construction schedule, and building and zoning plan check verification. I attach the referral memos for your review , and include the appropriate comments as conditions of our recommended action. SUMMARY AND RECOMMENDATION: Our review has identified both advantages and disadvantages of the proposed amendment for the Jerome Addition . The project ' s principal advantages provide ample reason for supporting the project . These advantages include : 1 . Reduced room count and elimination of commercial space will lessen the project' s impacts on the neighborhood ; 2. The revised architecture provides for greater historical integrity with the historic hotel . 3 . The provision of on-site parking insures the availability of an adequate number of spaces at the time of hotel occupancy. The new service delivery area exhibits better turning movements for Bleeker Street and drop off in this area will lessen congestion on Main Street . There are several problems which the applicant must solve before final approved is granted. These items include : 9 1 . The height of the addition along Meeker Street is incom- patible with the neighboring office/residential uses. While the height at Mill Street and Bleeker has not changed significantly, that around the existing pool is dramatically increased. We recommend the following actions with respect to this problem: a . A shading study should be submitted to and reviewed by staff and P&7., comparing the effects of the approved plan, the new proposal , and an intermediate alternative of 32 feet on the Bleeker/Monarch side of the site. Based on the results of the study, it may be necessary to reduce the height of the addition to well below 40 feet . In no case , however , should the height approach 40 feet due to the incompatibility with the surrounding uses. From a compatibility standpoint , 32 feet should be the maximum height allowed on this portion of the site . Further height restrictions should be based on the results of the shading study. Height reductions should be accomplished by lowering the elevation of the parking structure or , if necessary, removing one or more stories from the building. b. The applicant should commit to fronting the cost of the Sleeker Street regrade, with the City to pay back its share of that cost through a formula to be approved in an amended PUD Agreement between the City and the applicant . 2. The landscaping plan is out of character with the historic concept of the Jerome Garden. A new plan should be reviewed and if found acceptable approved in conjunction with the PUD amendment and outdoor dining in required open space applica- tions. Without the height reduction and the new landscaping plan , we are unable to recommend approval of the PUD Amendment , condi- tional use amendment or use of required open space for outdoor dining . Additional information is also needed before the trash/utility variation should be granted. At such time as the problems noted above are rectified, and all requested information is provided, we would recommend approval subject to the following conditions : 1 . The applicant shall submit an amended PUD plat for the entire parcel meeting the requirements of Section 24-8 .12 of the Municipal Code and a new PUD Agreement for the renova- tion and addition, superceding the previously approved Agreement . The plat and Agreement shall include all material representations made by the applicant during the Phase I and Phase II amendments, and reflect all conditions 10 imposed by the City Council during that process . 2 . The height of the building addition along Bleeker Street from mid-block to the corner of Monarch shall not exceed •32 feet from final grade . This height shall be further reduced by the Planning Commission and/or City Council if the results of the shading study to be provided by the applicant demonstrate a significant benefit to be gained from the height reduction. 3 . The applicant shall commit to paying for regrading Bleeker Street consistent with plans to be developed for this project by the City Engineering Department . The regrading shall occur in conjunction with construction of the Hotel Addition. A formula for City repayment of a percentage of the cost of the regrade shall be developed by the applicant and City Council and included in the PUD Agreement . 4 . The applicant shall provide the water system interconnec- tions and fire safety requirements identified by Jim Markalunas in his memo dated 5/13/86 , and as elaborated upon by Elyse Elliott in her memo dated 5/28/86 . 5 . The applicant shall respond to the informational requests made by the Engineering Department in their memo dated 5/28/86 as regards storm drainage , construction schedule and service area. The information with respect to the service area must be reviewed by staff before the Planning Commis- sion finalizes its action with respect to the trash/utility area variation , while the remaining information should be provided in time for Council review of the PUD Amendment . 6 . Delivery trucks shall be routed to access the site from Bleeker and Monarch Streets and not Bleeker and Mill Street . 7 . The applicant shall verify that all building and zoning code issues raised in Bill Drueding' s memo dated 5/ 27/86 and Jim Wilson ' s memo dated 5/ 29/86 can be adequately addressed. The only variations granted herein are as follows : a. Height as shown on the plans submitted and as to be modified herein by Condition No. 2. b. FAR not to exceed 2.23 : 1 . c . Trash/utility access area as shown on the plans submitted. d. Open space variation as to method of calculation and acceptable as 18 .3 percent. AR.3 11 MEMORANDUM TO: Steve Burstein, Planning Office 2 3 1986 /' Paul Taddune, City Attorney I FROM: Jay Hammond, City Engineering k DATE: April 17, 1986 RE: Hotel Jerome First Amended P. U.D. Agreement Having reviewed the above agreement under cover memo from the City Attorney dated April 4, 1986, the City Engineering Department would offer the following comments: 1. The agreement references a plat to be filed by June 1 , 1986 and a sidewalk and improvements plan designated "Exhibit A". The exhibit also addresses parking quantities for the existing site. Are these items to be recorded subsequent to the agreement? We have not seen Exhibit A and it would seem could not record the agreement in its absence. 2 . Estimated costs for the phase I landscaping should be submitted by the applicant for approval , preferably in the form of a reasonably detailed bid. 3 . Submission of the detailed landscaping plan by August 15, 1986 should indicate ". . . fair market value shall not be less than $50,000 as approved by the City Engineer, . . . " JH/co/JeromeFirstAmdPUDAgree MEMORANDUM TO: File FROM: Steve Burstein RE: Hotel Jerome Work Session DATE: February 6, 1986 On February 3, 1986 a work session was held with City Council, the Planning and Zoning Commission, City staff, and Hotel Jerome representatives to discuss new design concepts for the Jerome addition. The following is a summary of the Hotel Jerome repre- sentative' s statements of intentions and the response by Council and P&Z members: 1 . Height/Design: Hotel Jerome owner and representative stated the main addition structure would not exceed 51 feet in height from Bleeker Street . The approval place for the addition showed the structure at that height, as it was determined that 51" was compatible with the existing hotel building. The two story wing facing Bleeker Street (shown to be approximately 22 feet in height on the previously approved plans) may be somewhat taller in order to accommodate underground parking. It was noted that the bay windows proposed for the addition had been rejected by the Department of the Interior and would be replaced by windows replicating those in the historic building. 2. FAR: It was stated by the owner that the total FAR of the addition will be less than had been approved in the present PUD agreement . 3 . Number of Rooms and Deletion of Commercial Space : Previous approval was given for renovation of the existing hotel to accommodate 28 rooms and 77 rooms to be placed in the addition for a total of 105 lodge rooms. Current plans are for 27 rooms in the existing hotel and approximately 95 rooms in the addition , totaling approximately 122 lodge rooms. Retail shops (15 store spaces ) to total 13, 000 square feet of net leasable space would be entirely deleted or greatly reduced. New restaurant space , approved for 450 additional seats and 315 additional bar and nightclub seats, would not be built . Council and P&Z were generally receptive to the proposed change in internal space usage. There was sentiment that commerical activity is presently concentrated in the commercial core district north of Main Street , and should remain there. The Jerome owner and representatives suggested that the intensity of use of the Hotel Jerome site in terms of numbers of customers, employees and parking demands would be less for a hotel with 20 additional rooms than for the extensive commercial facilities previously planned. 4. Parking: The Hotel Jerome would like to meet its parking needs to provide 35 parking spaces for guests and 25 space for employees in an underground parking facility. Council and P&Z responded favorably to this new design component . The Planning Director stated that on-site parking had been desired when the original plans for the addition were reviewed and that on-site is still preferable to off-site parking. It was also pointed out that hotel customers crossing N. Mill Street from the Rio Grande parking lot to enter the hotel might create a pedestrian/automobile conflict . The Planning Director stated that in the present PUD agreement, parking was not accommodated for the commercial uses, but rather only for lodge and additional employees. Increasing the number of hotel rooms will likely increase the number of parking spaces required. 5. Access : A number of issues and alternatives were discussed regarding access to the parking garage, service access and guest pick-up and drop-off . The possibility of regrading Bleeker Street to create a 2 percent grade from Mill to Monarch was mentioned as it would likely effect the parking ramp location and other design aspects of the addition . The hotel representatives were directed to work with City En- gineering and Planning Staff on the analysis of the Sleeker Street grade, as well as possible mailing of Mill Street . The Main Street drop-off area cannot be recessed due to comments by the State Highway Department, but signage can make short -term parking along the Main Street frontage function better. Alternatives for access into the underground parking garage included: a . Ingress from Bleeker and egress on Mill ; b. Ingress and egress on Bleeker ; and c. Ingress on Monarch and egress on Mill . Separate underground service entrance alternatives discussed were: a. Sleeker Street ; and b. Alley next to Carl ' s Pharmacy. It was also discussed whether a one-level garage with sufficient clearance for taxis and vans or a two level garage would serve the project better. 6. Open Space : The owner suggested rearranging open space elements such as the pool and vegetated areas. It was recognized that retention of the annex building will necessitate a major shift in where the new building mass will be located. The Planning Director indicated willingness to move forward on the code amendment to include swimming pools in open space calculation. 7. Alternative Plans : P&Z and Council indicated that they would like to see a series of alternative designs of the addition , hoping that creative solutions are duly considered rather than only the more conservative approaches . P&Z and Council also encouraged the City and the hotel to consider cooperative public and private capital programs that would best serve the community. The Planning Office noted that all plans would be subject to review as a PUD amendment and conditional use for hotel in the CC zone (public hearing required) . cc: Hal Schilling Jay Hammond SB. 26:nc MEMORANDUM • TO: Aspen City Council Aspen Planning and Zoning C• • ission THFdI : Hal Schilling, City Managztet FROM: Steve Burstein, Planning 0 ice AA. RE : Hotel Jerome Work Session DATE : January 28, 1986 Attached for your review is a memo from representatives of the Hotel Jerome outlining some issues for discussion at your work session scheduled for February 3 , 1986 . The Hotel Jerome is in the process of making changes to their approved FUD agreement in two stages. The first stage of revisions is to address the renovation and addition activities as separate phases of the total Project . The areas under consideration are : parking, sidewalks, curbs and gutters, landscaping, improvements, retention of the annex, changes in internal uses, employee housing and notice to the new owners. The Planning and Zoning Commission recommended approval of the proposed amendments on January 7 , 1986 , and it is expected that the first stage of amendments will be presented to Council in February (or as soon as an amended PUD agreement is submitted) for final PUD amendment approval . The second stage of amendments involves a new design for the addition. The purpose of this work session is to discuss conceptually new plans and any issues related to the redesign. The applicant would like some broad direction from Council and P&Z as to what you consider acceptable uses in the addition and what particular impacts will need to be addressed in the FUD Amendment . The nature of this discussion should be general and non-binding, since we will have to review a formal application at some later date. Some of the main subjects that we expect to be discussed include : o Elimination of all retail shops from the Project ; o Adding no more restaurant capacity than presently exists; o Including more rooms in the addition than approved in the original FUD Agreement ; o Including on-site parking for guest and employees use ; o Generation of employees; and o Architectural design of the new addition . Your throughts in advance and direction at the meeting will be greatly appreciated by the applicant . SB :jlr SB.7 2 MEMORANDUM TO: City Council and The Planning and Zoning Commission FROM: The Hotel Jerome DATE: January 21 , 1986 RE: Work Session - February 3 , 1986 1 Format: For reasons described in this Memorandum, the Hotel Jerome is undertaking a two-stage amendment to the PUD Agreement for the renovation and addition to the Hotel Jerome. The first stage merely clarifies the renovation and addition as separate phases of the Project. The second stage and the purpose of this work session involves a redesign of the addition. In this Memorandum, we will review the process and the original design as approved. The changed circumstances leading to the required redesign will be enumerated. Finally, we are soliciting your ideas in reference to the new design to leave us with a clear understanding of how best to blend the Hotel needs with those of the community. History of the Process : The Hotel PUD was processed in 1981 and 1982 under an exemption from GMP because of the historical significance. Thus, what is built will be deducted from quotas but does not have to go through the GMP process. The PUD allows for a total project of 128, 822 square feet of habitable space. The original design for the project contained restaurants, hotel rooms, and retail stores as follows : - 105 guest rooms and suites - 4 employee rooms on-site and housing for fifteen employees off-site - Food and Beverage facilities as follows: 80-seat gourmet dining for dinner only . 175-seat garden room serving breakfast, lunch and dinner . 130-seat living room serving lunches , dinners and late night meals . 65-seat terrace cafe serving three meals daily with outdoor summer service . 235-seat nightclub . 75-seat Jerome Bar . Retail shops totaling 13 ,000 square feet of net leasable . Parking off-site for 35 employee cars and 25 guest cars , to be provided in the City 's 400-space parking structure on the Rio Grande property Changes in Circumstance: The original concept was to remove the Hotel Annex and do the renovation and addition together. The new owners decided to phase the project and to retain the Annex for kitchen and employee housing. Thus, the old and new cannot be physically joined as originally intended. Secondly, recent market analysis has shown that the amount of space devoted to restaurants and retail is not warranted at the Jerome. Originally planned were 450 restaurant seats plus 315 bar and nightclub seats, plus some fifteen shops. The current plan adds no more restaurant capacity than presently exists , some 225 seats including the private dining room and tea room, and eliminates all the retail shops. Thirdly, while the CC zone has no parking requirement, it has always been recognized that good business requires the Jerome provide parking. The tentative schedule is to begin the addition in 1986 . If parking can be provided on-site, it will benefit the Hotel and the town. Thus, the new design will attempt to incorporate parking. Finally, a redesign is necessitated by the Park Service. In evaluating the Jerome for listing on the National Register of Historic Places, the Service agreed to list the Hotel with an addition but not with the addition as originally designed. The objection involved the five-story arches filled with bay windows , so the facades must be redesigned. - 2 - While all these circumstances have necessitated the redesign of the addition, the benefits to the site, the neighborhood and the Aspen community from this exercise will be positive. Consider the impact of the Jerome with 450 restaurant seats, some 15 retail stores and no on-site parking. Reducing restaurant capacity will decrease employees and site visits . Deletion of the retail space will save some 25 to 30 employees, and will further reduce car trips to the property for shopping. Finally, on-site parking will reduce the need for employees to retrieve cars from off-site and eliminate cars standing in the Main Street loading zone during delivery and pick-up. Issues: As currently envisioned, the addition will have parking , commercial space of some 6 ,000 square feet and the balance in hotel rooms. To operate profitably without the shops or added food and beverage facilities , more hotel rooms became an economic necessity. Further, adding rooms benefits the community by housing skiers in Aspen in the core area. A full service hotel in town reduces auto trips and provides the type of resort experience designed to stimulate return visits . At issue also is the access and egress for the property by guest and employee cars as well as delivery and service vehicles . Also, we seek your input on the footprint, location of open space and general layout of the addition. We also hope to work with the housing office to establish the ratios of employees and parking to the project impact in light of the proposed redesign, and seek your input on these ratios . Perry Harvey PH/nkb • - 3 - • November 25, 1985 HOTEL JEROME Floor Area Calculations • Existing Hotel : 110 x 100 x 4 44 ,000 sq. feet Annex: 1,500 x 3 4, 500 Bathrooms: 405 x 2 810 Gross Square Footage: 49, 310 Excluded Areas: Center light shaft 1, 332 Lower level mechanical & storage 2, 000 Lobby level storage 600 Upper floors storage 690 Annex: Lower level storage 437 Lobby level 181 Loading dock 96 Bath: Basement 405 Total: ( 5, 741 ) Floor area in old: 43, 569 Land area 47,712 FAR 2. 7 :1 Allowed square footage 128, 822 Existing 43, 569 Potential addition 85, 253 . , • . •t3.2r4i -flu -.....- .. . EY 14 1331T c_ . ._.. ily . MONARCH STREET nu ,....,..;, la qi lia (-7, — ---:) -- ,...1,11.". 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I . •__ t : 9i F jE{,1 ! f 1_ , ; i 1 IL 1 i EI 4 { , ,-, _\F' , -- fit _ Itf _ r 1t I! —�' aft . \ i 1117 £ ' I_. ,4 i I • I I I t. a � � 'mss j� �- 1 � 1 ;.. e g i.l( L 1! 1 f. .i;.- i i i} 't I— ', 7 i.�; _I 111 �� 11 ul' I j i -:--" r I�t 1jriiii t I. . p I. .if 1i -- i 6111 8 1 . 1 'F: . ti 6 N' sII � !. } ll k r 1 y - Y P ! �-2-.;:I --(, -Z - fi b • I } } ( 11j 111f 11 1 i 1 1 (i i 1 1 I i 11 1 1 ! t I 11 Ef ! 1 � 6 i ill ! i I 'E I 1 ° \' 1 1 1 • • CITY OF ASPEN Elb 1 MEMO FROM STEVE BURSTEIN Ttii/tinv It Poi Re - HAlecev Pa nl:, A,fgle✓i 0 t± Afj 3, i9.'‘ gel) 4.-k This. ( gQi��� , a. :.x461l('-1; / + J I 1 1 / N.W 1 (w( 01 tAllrX% u g� y�ne), )43‘4 a) fition �X eh-up 4 Lin t ea4n, c vilt b s� !zd tk Plegn;.; Pr%< by Avi•vie jig 4, ti ,,G1 .v, ;rrive bit al leem274/ S evatnt) reifl,r1teketu4 t -.0.447,1 ,Alta i%2f p 1( /a nL 421 dPeA,„, Ind(e 4C t(RI.p J eyT g Yr` 41+4 � t4; 1Aa,rema ', . T Is �K}:.inau„� Fir ch a k Perk n� rnsy not ""ry,a��kry�o wn6,. GARFIELD & HEM, P.C. RONALD GARFIELD ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER 601 EAST HYMAN AVENUE (303) 925-3008 WILLIAM K. GUEST, P.C. ADDRESS D ADR BLE JEREMY M. BERNSTEIN ASPEN, COLORADO 81611 CABLE AD R CLIFTON D. BURDICK April 22 , 1986 Stephen Burstein 1986 11 Planning Department 2 2 130 S . Galena U Aspen, CO 81611 RE: Hotel Jerome PUD Agreement Dear Steve: I am submitting for your consideration, a revision to paragraph 4. of the draft First Amended Planned Unit Development Agreement Hotel Jerome - Renovation and Addition. I briefly mentioned to Paul Taddune the substance of this revision, however, with his travel plans he was unable to address the specifics of such change and, therefore, reserved the right to comment later. I propose paragraph 4 read as follows : "4. EMPLOYEE HOUSING. With reference to Paragraph "6 of the Initial Project" and as a further inducement to the City to approve phasing into two phases as set forth in this First Amended Agreement, Owner has agreed to and does hereby confirm and acknowledge its obligation to provide housing for employees of the project, as required by the Code and regulations of the City of Aspen, or its designee, in connection with the project. With regard to Phase I Owner hereby agrees that Rooms No. 1 , 2, 3, and 4 in the hotel annex, as such rooms are designated on the plat annexed hereto, shall be and hereby are restricted exclusively to use as dormitory employee housing under and in accordance with such City of Aspen employee housing use, occupancy, rental and sales price guidelines as may be in effect and applicable from time to time, sufficient to house 4 employees of the project and restricted to a maximum occupancy of one (1) employee per bedroom. Such rooms shall be used solely by hotel employees , and verification of an employee ' s employment qualifications shall be accomplished by the City of Aspen, or its designee, prior to and as a condition of occupancy of any of the above identified rooms. Said rooms shall not be utilized by any person whose use and occupancy thereof is not verified as set forth above. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to the project and shall be binding upon the Owner and Owner' s successors and Stephen Burstein • • MEMORANDUM TO: Steve Burstein, Planning Office FROM: Jay Hammond, City Engineer 4 DATE: December 26 , 1985 RE: Hotel Jerome P. U.D. Amendment Having reviewed the above application to amend the P. U.D. for the Hotel Jerome project, the City Engineering Department has the following comments: 1 . Renovation Site Plan - The site plan submitted with the amendment application indicates on-site parking for 27 vehicles and a new curb cut off of Bleeker Street. We would recommend: a. That the developer be required to build landscaping features in the Bleeker right-of-way that will aid in defining the curb cuts into the property and eliminate the existing "head in" parking. b. We would suggest the developer consider elimination of the existing curb cut onto Mill Street as it could increase available parking on the site and remove a somewhat problema- tical driveway due to traffic volumes on Mill and the grades adjacent to the sidewalk. We would suggest elimination but would not make it a requirement. 2 . Off-Site Parking - We would be receptive to a revised plan relocating the parking requirement on-site. If a workable plan were submitted by the applicant indicating adequate parking and good circulation impacts, we would support amendment of the P. U.D. agreement. 3 . Prior Committments - We would expect all other committments contained in the P. U.D. agreement to remain in full force includ- ing: a. Sidewalk, Curb and Gutter. b. Detailed construction scheduling. c. Landscaping in the rights-of-way, etc. 4. Subject to input from the City Attorney, it may be appropriate to formalize the applicant' s committment to $50,000 in landscape improvements in the event the expansion is not constructed. JH/co/HotelJeromePUDAmend GARFIELD & HECHT, P.C. RONALD GARFIELD ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER 601 EAST HYMAN AVENUE 03) 925-3008 WILLIAM K. GUEST, P.C. •. DRESS JEREMY M. BERNSTEIN ASPEN. COLORADO 81611 p c� C met EC" CLIFTON D. BURDICK FEB - d is February 4, 1986 4. Mr. Paul Taddune Edwards & Taddune 600 East Hopkins Avenue, Suite 301 Aspen, Colorado 81611 Dear Paul: I am submitting for your review a proposed ' First Restated and Amended PUD Agreement' for the Hotel Jerome. Sincerely, Andrew V. Hecht AVH/lh Enc. cc: Steve Burstein Perry Harvey FIRST AMENDMENT AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT HOTEL JEROME RENOVATION AND ADDITION This Restated and Amended Agreement, made and entered into this day of , 1986 , by and between the City of Aspen, Colorado, a municipal corporation and a home-rule City W{" (hereinafter referred to as the "City" ) and the Hotel Jerome 0- H Limited Partnership (hereinafter referred to as the "Owner") . WHEREAS, the Owner' s predecessor in title John F. Gilmore, dated on April 20, 1983 )entered into a Planned Unit Development Agreement for the Hotel Jerome - Re tion and Addition (hereinafter referred to as "Agreement") ith the City of Aspen, recorded in Book 444 at Page 750 of the real estate records of Pitkin County. WHEREAS, the City and Owner hereby desire to reaffirm all of the findings of the Agreement o-«<a WHEREAS, the Owner has submitted to the City for approval, execution and recording this amended and restated Planned Unit Development Agreement for the Hotel Jerome - Renovation and Addition; and WHEREAS, the Owner has requested and received approval to develop the Project in two phases - the first being the renovation (hereinafter referred to as "Phase I" ) and the second the addition (hereinafter referred to as "Phase II" ) ; and WHEREAS, the City is willing to approve this Amendment and Restatement under Section 24-8 .26 (b) of the Aspen Municipal Code. NOW THEREFORE, in consideration of the mutual covenants herein contained, and pursuant to paragraph 13 of the Agreement, it is agreed as follows: 1. Sidewalks, Curb and Gutter Paragraph 1 of the Agreement is amended and restated to read as follows: hNT The Owner has constructed a new sidewalk along the Main stiill I ‘ROVN Street frontage and has repaired the existing sidewalks on Mill St C ,1 ,,r1 P 5'dcl4 (yi 24fAiUij1(�;,NN '/. J r Prior to issuance of a Certificate of Occupancy for Phase II, Owner shall construct new sidewalks along the Project' s 1 road frontages on Monarch and Bleeker Streets (six-foot minimum widths) together with curb and gutter, all as reasonably determined by the City Engineer, in accordance with the Landscape plan, the applicable provisions of Chapter 19 and 20 of the Aspen Municipal Code, as amended, and accepted engineering standards and practices. Owner shall repair or replace any existing (or newly installed) sidewalks, curb or gutter which may be damaged during construction. The current estimated cost of such improvements is contained in Exhibit "A" attached hereto and incorporated herein by this reference. Such cost estimate shall be updated by the City Engineer when Owner actually -2- applies for a Building Permit for Phase II , and Exhibit "A" shall be amended accordingly at that time . 3 . Landscape Improvements Paragraph 3 of the Agreement is amended and restated to read as follows: In accordance with Section 24-8 . 16 of the Municipal Code, all required Landscaping shall substantially conform to a "Landscape Plan" annexed to the Plat and incorporated herein by reference which shows the extent and location of all plant materials and other landscape features, flower and shrub bed definition, proposed plant material at mature sizes in appropriate relation to scale, species and size of existing plant material, proposed treatment of all ground surfaces (e.g. , paving, turf, gravel, etc. ) , location of water outlets , and a plant material schedule with common and botanical names, sizes and quantities. Landscaping will be completed in a logical phasing sequence commensurate with the phasing of the improvements contemplated in the Construction Schedule , but in no event later than one year after the date of the Certificate of Occupancy for Phase II . Landscaping for Phase I shall consist of fencing, rail ties, or other minimal landscaping to delineate the Bleeker Street parking and circulation areas acceptable to the City Engineering Department. This plan shall be submitted to the City Planning Office and City Engineer for approval in the -3- exercise of their reasonable discretion prior to construction and completed on or before June 1 , 1986 . Such plan shall also include clean up and temporary landscaping - -n-u• a • . - u •- - ' an-Tie-aping for the garden area west of the Hotel Jerome landscaping component. If the Owner has not submitted to the City revised plans for approval of Phase II improvements prior to August 1, 1986 , a detailed Landscaping Plan shall be submitted for approval by the City Planning Department and the City Engineering Department in the exercise of their reasonable discretion, to be completed by July 1 , 1987 . It is the mutual understanding of the parties that a 1 Certificate of Occupancy may be issued for th Projec even = ! if the landscaping improvements have not yet been completed, i*q "t'' 1(�� -ON- provided the portion of the guaranty in Paragraph 5 below V n'. 'n "» ��i"i,��D s wich covers the estimated cost of such unfinished 'n° Ci = landscaping remains available pursuant to the terms of l 1` b Paragraph 5 . 4 . Construction Schedule Paragraph 4 of the Agreement is amended and restated to read as follows: The Owner and the City mutually acknowledge that exact construction schedules cannot be submitted at this time. At the time of application for a Building Permit for Phase II -4- • and as a condition precedent to the issuance thereof, Owner agrees to provide the City Engineering Department with a jy detailed Construction Schedule, to the satisfaction of the v 2.� \�, 60 City Engineer and Chief Building Official in the exercise of 1 their reasonable discretion, which Construction Schedule \Ac Jshall particularly address how construction phasing and w •• other techniques will best accommodate under the circumstances CCIt - (a) barricading and provision of pedestrian protection, (b) �,*, t.ej , s' il „ivn" excavation access and large truck traffic and staging areas, (c) delivery and storage of major materials, (d) construction equipment access and storage, and (e) contractor vehicle parking. Such Construction Schedule shall be verified by the signatures of the City Engineer and the Chief Building Official (if the City requires) recorded as a supplementary exhibit hereto. Amendments to the Construction Schedule, if any, which in the view of the City Engineer, represent a substantial deviation from the original Construction Schedule shall be processed in the Project Review process established in Paragraph 10 of the Agreement, verified by signatures of the City Engineer and Chief Building Official, and (if the City requires) recorded as supplementary exhibits to the Agreement. 5 . Financial Assurances Paragraph 5 of the Agreement is amended and restated to read as follows: -5- In order to secure the performance of the construction and installation of the improvements described in Paragraph 1 , 2 and 3 of the Agreement as amended, and to guarantee one hundred percent (100%) of the estimated cost of such Art , ' improvements as agreed to by the City Engineer (as such ,G 6M��� t Lw amount may be updated from time to time as herein provided) , 4IMAG S . L Owner shall guarantee, by sight draft or letter of commitment or credit from a financially responsible lender (either or both to be irrevocable until such construction is completed, that funds in the amount of such estimated cost are Fh � P‘\y`.a L�• held by it for the account of Owner for the construction and 4 00,4.41 installation of the above-described improvements. Said guaranty shall be delivered to the City prior to the issuance to Owner of a building permit for Phase II shall be in a form acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default by the Owner, to withdraw funds upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding bills for work done thereon by any party, with any excess guaranty funds applicable to additional administrative or legal costs associated with any such default and the repair of any deterioration in improvements already constructed. As portions of the required improvements are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize the release from the guaranty delivered by Owner of the agreed estimated cost for that portion of the improvements except that -6- ten percent (10%) of the estimated cost shall be withheld until all proposed improvements are completed and approved by the City Engineer. Provided, that the withheld ten percent (10%) which relates to the improvements described in Paragraph 1 of this Amendment and Paragraph 2 of the Agreement shall be released by City upon completion and approval by the City Engineer of all such improvements and regardless of the stage of completion of landscape improvements described in Paragraph 3 of this Amendment. The Owner also agrees to deliver to the City, upon demand therefor by the City Engineer, a maintenance bond or other L: - �"1' r suitable guarantee for the repair or replacement of any t14�ryt" U existing municipal improvements damaged during construction of new improvements . Furthermore, Owner hereby agrees to and does hereby warrant all such improvements to accepted standards of good workmanship for a period of one (1) year from and after acceptance thereof in writing by the City. In addition to this warranty , the Owner shall obtain from his contractors customary warranties of good workmanship with the City as beneficiary, with respect to all improvements required by Paragraphs 1 , 2 and 3 of the Agreement as amended. It is the express understanding of the parties which the procedure set forth in Paragraph 13 of the Agreement -7- regarding non-compliance shall not be required with respect to the enforcement and implementation of the financial assurances set forth herein and required by Section 20-16 (c) of the Municipal Code. In the event Phase I4 is not to be constructed, the Owner agrees that it will expend atleast $50 , 000 . 00 for the purpose of landscaping the site. 6 . Employee Housing Paragraph 6 of the Agreement is amended and restated to read as follows: As an inducement to the City to approve the PUD and this Amendment, the Owner has agreed to and does hereby acknowledge his obligation to provide housing for employees of the Hotel as described herein and defined by the Code and regulations of the City of Aspen or its designee, in connection with the Hotel Project. Phase I has provided, in t -Rote Annexes ppic, bedrooms (on-site) for employee )/� housing. There N e shall be required as a condition of the issuance of a certificate of occupancy for Phase II the housing of fifteen (15) employees off-site , such requirement may be met by deed restricting seven (7) units at the Cortina Lodge Aspen, Colorado, to be used as dormitory housing and restricted to low income employee housing, the configuration of which shall be as approved by the City of C, y �av � 1 sv, Ot.�mbtr�,l't�i Aspen under_-r 3uti-en e y City of Aspen. -8- Provided that the Owner shall have the right in the future to substitute other off-site employee housing for some or all of the employees initially provided as above approved, so long as (a) the location, size and configuration of such substitute housing is acceptable to the City or its designee, (b) the housing off-site for a minimum number of employees required by this Paragraph 6 remains available at all times, and (c) the same deed restrictions are imposed > Q ,S upon the substitute units prior to occupancy of the Mrja CNA- substitute units. Upon the completion of such substitution Nc,R,k as above required, the City shall release the deed restrictions upon those off-site units which have been replaced. In the event the Phase I hotel units are condominiumized such residential units will be covenanted of record for employee housing. If such units are not condominiumized the four bedrooms in the Hotel Annex commited to employee housing shall be restricted to such use. Should the Owner secure housing for more than fifteen employees off-site, Owner' s on-site employee housing requirement shall be reduced exactly by the amount of off-site housing in excess of that for fifteen employees , and any recorded restriction shall be released to the extent of such additional off-site housing of employees. -9- • 7 . Parking Paragraph 7 of the Agreement is amended and restated to read as follows : Prior to the issuance of the Certificates of Occupancy for Phases I and II the Owner shall provide parking either on-site or off-site in the manner or manners hereinafter described. Phase I . The Owner shall provide twenty-seven (27) on-site (which may be above grade) parking spaces in the manner acceptable to the Engineering Office .09 -14' Phase II. As a condition of the approvals granted herein and herewith, Owner agrees to provide sixty parking spaces in connection with the occupancy of Phase II . These parking spaces shall be provided either on-site or off-site in the QA manner hereinafter described and shall inclusive the „ i.7J' (.J G M' ` wt, twenty-seven (27) spaces required in Phase I . In the event the Owner does not provide the sixty parking spaces for the Project on-site, the Owner agrees to participate with the City in the financing, design, construction, operation and maintenance (including necessary capital expenditures) of a 400-vehicle parking structure on the Rio Grande property, but only to the extent that the number of parking spaces on-site are less than the sixty (60) spaces required hereunder. -10- (The original PUD shall remain the same from top of Page 13 to Page 26 . ) 14 . NOTICES Paragraph 14 of the Agreement is amended and restated to read as follows: City of Aspen: City Manager 130 South Galena Street Aspen, CO 81611 Owner: Hotel Jerome Limited Partnership c/o Dick Butera Aspen Real Estate Associates 520 East Durant, Suite 204 Aspen, CO 81611 with a copy to: Garfield & Hecht, P.C. 601 East Hyman Avenue Aspen, CO 81611 -11- A Municipal Corporation By: William Sterling, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: Paul J. Taddune , City Attorney OWNER: HOTEL JEROME LIMITED PARTNERSHIP, a Connecticut Limited Partnership, By Western Properties Investments, Inc. , General Partner By: T. Richard Butera President -12- STATE OF COLORADO ) ) ss . County of Pitkin ) The foregoing was acknowledged before me this day of , 1986 , by William Sterling, as Mayor, and Kathryn Koch, as City Clerk, of the City of Aspen, State of Colorado. Witness my hand and official seal. My commission expires : Notary Public Address STATE OF COLORADO ) ) ss . County of Pitkin ) The foregoing was acknowledged before me this day of , 1986 , by T. Richard Butera. Witness my hand and official seal. My commission expires : Notary Public Address -13- MEMORANDUM TO: Steve Burstein FROM: Perry Harvey DATE: February 11 , 1986 RE: Hotel Jerome Work Session I have two clarifications regarding your memo on the Jerome work session held February 3 : 1 . In Item 3 , at the end of the first paragraph, you say we will not build new restaurant or nightclub space. We have stated a desire to build 6 , 000 square feet of commercial space. First, this new space could be meeting or dining; we do not know at this point. Second, the space in the Hotel basement now being finished is for meeting or nightclub. Also, in the future, if an owner opens a nightclub, it must not be represented here that it "would not be built. " 2 . In the second paragraph, you say there is " . . .sentiment that commercial activity is presently concentrated on the commercial core district north of Main Street. . . " This statement was meant to refer only to retail activity. While I agree activity is concentrated north of Main and thus we eliminated the retail space, commercial space--as it relates to food, beverage and entertainment--should not be kept "north of Main Street. " Thank you for your efforts in this work session. I feel it went very well . PAH/nkb cc: Hal Schilling Jay Hammond Alan Richman & 4c/ , (6.6-- ty@itill, T. Richard Butera DEC I December 12 , 1985 c01. tp..r- Mr . Alan Richmond City and County Planner City Hall 130 S . Galena Aspen , CO 81611 Dear Alan : Enclosed please find an article written by Martie Sterling about the history of the Jerome Hotel . Although it ' s very long, I did think it would be helpful for you and your staff to expand your understanding about early Aspen and the Jerome Hotel. Sincerer T. Richard Butera TRB/pn enclosures 1450 Crystal Lake Road, Aspen, Colorado 81611 303/925-8900 THE HOTEL JEROME" Tent hotels & Tincup Prospectors Aspen ' s tradition of 'grand hotels began with a tattered white wall-tent in 1880. Erected at the corner of Mill & Durant only months after the first fool- hardy silver prospectors clambered over the top of Independence Pass into Ute Indian territory, the early Clarendon' s "rooms" were partitioned with horse blan- kets hung from ropes. Two milch cows were tethered in front. Out back, E.V.D. ' s hung from clotheslines. At the hotel ' s -first com- munity Christmas dinner in 1880, 400 men--mostly ore seekers--and 19 women-- mostly hotel employees--gathered. Some- one played a lap organ, and those assembled sang hymns and thanked God for their scalps. The hotel women cooked indigestible meals featuring bear grease and tinned beans, scrubbed laundry on washboards, mended socks and flannels on a knobby-- JEROME page two Sterling and were relentlessly ogled by 800 lon- ging eyes. They weren' t much to look at, those women, but the men put on derby hats and married them faster than you could say Jackrabbit. The Clarendon owners had to send mule-drn sledges over the pass for frequent replacements. The next few years were a "cruel-hard- row-to-hoe" . Aspen's high, glacier-carved valley, swept by winter gales and avalan- ches, made it even riskier business. Men needed the eagerness of children and the faith of martyrs to trust in this impro- bable place . Most early birds located a likely prospect, sold their claim, and moved on. The original Smuggler Mine--where the world ' s most valuable silver nugget test- ing 93% pure and weighing 2 , 350 pounds, would be found--was sold for S50 and a mule that died the next day_ Aspen would prove a rich man' s camp. Mining was the hard-rock, deep-down variety requiring advanced technology and heavy investment. But in the beginning, it JEROME page four Sterling faster-paced. There was a kind of delight in the air. The air was also therapeutic. In the 1870 ' s , consumptives and bronchials began pouring into the high country for its dry, health-giving properties. (At one time Colorado ' s entire leadership, from Governor to Supreme Court Justices were recovered invalids . ) In the early eighties; Jerome B. Wheeler, president of New Yorf City' s prestigious R. H. Macy Department Store, came west for this very reason. His wife was frail, and he honed to restore her health. Jerome Wheeler, Civil War Hero When a boy of 20, Wheeler had en- listed as a private in the 6th New York Cavalry. He fought all the Peninsula campaigns, rode with Sheridan' s Cavalry, and was cited repeatedly for "outstanding courage in the field" . He was eventually broken from Colonel back to Major for dis- JEROME page five Sterling obeying orders--he led a supply train through Confederate lines to a surrounded and starving Union regiment. After the war, Wheeler married Harriet Macy Valentine, whose uncle foun- ded Macy' s. When Roland Macy died, Wheeler took over as president. The 40-year-old Wheeler had scaRcely landed in Manitou Springs when an enter- prising Aspen mine broker named Henry Gillespie heard about his presence in the state. Gillespie hotfooted it to the Springs and persuaded the prominent New Yorker to detour north for a look at his camp' s pros- pects. Jerome B. Wheeler, the fohammet who came to Aspen Mountain, was besotted on sight. He immediately invested in the Molly Gibson and Aspen mines--both sorely in need of capital . Later, he would be a majority stockholder in the Monongahela, the Bushwacker, and the Della S. --and would pour a total of $6, 000, 000 into Aspen mine ventures. Visiting the camp more and more often, Wheeler installed the first JEROME page six M. Sterling small smelting plant, introduced steam drills, built a sampling mill , and founded the Aspen Forwarding Company to transport ore. He bought a ranch, a marble quarry, and a coal company. He founded Aspen' s first bank to provide #tly-needed expansion capital. Perhaps because of the valley' s - great natural beauty, he determined that it not become another Boom & Bust silver camp--drained of its riches and left dead in the dust. He gave money to plant trees and flower beds--at a time when the only landscaping was pro- vided by miners ' wives who tenderly trans- planted lilac " slips" from home. Wheeler brought in Columbia Uni- versity mining engineers , machinery ex- perts, electrical men. In 1885 he financed the first hydroelectric plant. • Under his aegis , Aspen would be the first Colorado camp to power its mines JEROME page seven M. Sterling with electricity (direct current was used, and by the time the wires reached the Cowenhoven Tunnel, they were nearly three feet around) --and the first community in the state to be wholly electrified. But it was the great railroad race that changed the face of the community forever. By 1886, mountains of ore were lying in vacant lots awaiting shipment and final processing. For Wheeler and other investors, the costly and dangerous process of getting a railroad over five mountain ranges would finally prove feasible. That year the Colorado Midland and the Denver & Rio Grande lines commenced a building marathon to see who could beat the other across The Divide. The Midland broad-gauge, in which Wheeler invested $100, 000, arrived three months later than the D. & .R.G. Both were heralded by brass bands, windy oratory, jubilee parades, G.A.R. marches, and weeks of hysterical revelry. When the D . & .R.G. 's Engine #45 puffed into camp on October of ' 87 , Aspen ' s bonanza began. JEROME page eight Sterling For five whirlwind years, the camp skyrocketed . Mines worth $800, 000 in 1887 were valued at $8, 000, 000 in 1888 . Freight charges dropped from $100 to $10 a ton. In seven years Aspen produced $112, 000, 000 in ore. Out of the adits cascaded rich silver whose worth, with easy rail access, increased tenfold. With prosperity, log shacks, wall- tents, and false-fronted wood stores came down, imposing brick building blocks went up. The population grew to 12, 000 and was served by several streetcar lines, six newspapers, 50 lawyers, 25 bawdy- houses, a large armory, skating rinks , dancehalls, theaters, and a race track. Soiled doves from Durant' s crib row drove spiffy brass-trimmed carriages through the streets. The Pitkin County Courthouse, consi- dered by some in a class with the palace at Versailles , and the impressive Holden Lixiviation Works were soon a sight to see. Millionaire ' s homes on Bullion Row (Hallam Street) proliferated, vying to achieve the latest in architectural splen- JEROME page nine Sterling dor. Tramways reached up the mountains. Miles of tunnels and shafts undermined the city. America On the Move In 1889 Benjamin Harrison was a dig- nified but ineffectual president. His graft-ridden administration gave rise to the Mugwumps--and to an honest young Civil Servant named Theodore Roosevelt. Railroad monopolies rode rough-shod over everyone. The strong wronged the weak. Two years earlier, Aspen volunteers had helped put down a Ute uprising under Chief Colorow--the last threat to hard- headed white men who 'd usurped ancient Ute hunting grounds. People had simple tastes. There was little fine drama or literature or music . Few appreciated the poetry of Walt Whitman-- but everyone understood Mark Twain when he described "the serently of a Christian holding four aces" . Men believed in blood-thirsty baseball, marching bands, JEROME page ten Sterling high-wheeled cycles , minstrel shows , spirited horses. In 1889 Capitalists realized a ten percent return on investments--and paid no income tax . John L. Sullivan fought 75 rounds before defeating Jake Kilrain for the heavyweight boxing title of the world . People sang , "Hail, Hail, the gang ' s all here! " The country, know it or not, was embroiled in a mighty revolution. America changed from a land of farmers in the 1870 ' s to a nation of shopkeepers and jobholders in the 1900 ' s. The Hotel Jerome With Aspen a mini-metropolis in the Rockies, it was deemed fitting that she have a fine gilded opera house and a truly great hotel. Since Jerome Wheeler had resigned his Macy' s position, built his family an imposing home (the Stallard House, now owned by the Aspen Historical Jerome page eleven M. Sterling Society) , and settled here permanently in 1888 , he cheerfully agreed to finance both. The hotel was actually conceived by the Messers Bixby and Phillips, Kansas innkeepers who owned the new Clarendon-- a substantial , albeit wooden building . They proposed an establishment to rival the Ritz in Paris . Wheeler donated a prime parcel of land at the juncture of Mill and Main. Then he loaned Bi:7 and Phillips $60, 000 for the project. The hotel would have an imposing view of Aspen Mountain. It would measure 100 x 110 feet, rise three stories (in 1889 the first lowly skyscraper was being en- gineered in Chicago) and have an expansive basement beneath. It would contain 90 rooms and 15 baths. Its indoor plumbing , with hot and cold running water, was a great luxury in a world of icy outhouses . So were the steam heat and electrification. Western Electric even devised an ingenious *WV paging system to summon guests . JEROME page twelve Sterling One of the first elevators in the West, a massive pneumatic affair holding settees for lady passengers (the ride was slower than molasses in January) and a hidden maw for steamer trunks, would lift people aloft in style. There would he a hot- house, stables, parlors, a Ladies ' Ordinary, ball- room, offices, very snappy steam laundry, and bar- bershop for the dissemination of snorting news and amiable smut. The central rotunda over the main drawing room was ceiled with colorful cathedral glass that cast a roseate and flattering light--welcomed by ladied forbidden by social strictures to use even a dab of rouge. (If you were born with a pale-green complexion it was considered God ' s will and a cross you must bear . ) The walls were tinted and frescoed, the main reception rooms beautifully tiled. But original estimates proved pitifully inadequate. As work progressed, costs soared. The final tab would be $125 , 000, plus another $25 , 000 for furnishings--the equivalent of approximately $1, 600, 000 today. One month before the scheduled Thanksgiving , 1889, opening, Bixby received a threatening JEROME page thirteen M. Sterling letter from a workman who had not been paid . (The man promised in colorful terms to blow Bixby to Kingdom Come. ) Bixby and Phillips left Aspen in the middle of the night. They also left Wheeler with an unfinished interior and stacks of unpaid bills. Working frenziedly, Wheeler ' s work- men installed the final furnishings; decorative wallcoverings, hand-made tile- work, delicateitiraaaan Eastlake furniture, clumps of potted palms, and dozens of spavined rubber trees--the interior decorating rage of the day. A Paris chef was installed in the main -kitchen, a German horticulturist in the hothouse. Mr. R.F . Gatter, for- mer proprietor of the distinguished Charpiot' s in Denver, signed on as manager. Mr. Gatter was the envy of hoteliers from Kansas City to San Francisco . • Room rates would be $3 and $4 , the same as the George V in Paris. The Grand Opening JEROME page fourteen Sterling Electric lights glowed in every room for the November 27 grand affair . There were also "back-up" gas lights and candles shimmering on starched white dining table damask. The napery was so thick diners claimed you could use it to wipe down a sweated horse. Bellhops in gold-braided uniforms assisted guests from their equipages and through the hotel ' s "broad front portals" . Transplanted minor royalty from Colorado City (Springs) arrived in smart runabouts and snappy broughams. A few locals who didn' t give a damn drove up in battered family road-carts. For those from out- of-state, the hotel livery provided carriages with patent-leather dashboards and other up-to-the-minute amenities . Entering the imposing foyer, guests were greeted by melodic violins . In the background, the incessant thrump, thrump, thrumping of concentrators, sampling works, and stamp mills--the 24-hour-a-day cacophany of every mine camp--never ceased . No one minded the clamor . Aspen' s Indus- trial Age sounded a prosperity JEROME page fifteen M. Sterling symphony. It was the job of the hotel orchestra to provide harmony for the machinery. The Grand Opening Ball & Banquet was attended by nabobs from New York, beef barons from Chicago .-- even a few marquises from overseas. Since decent, God-fearing women appeared on the streets in somber colors only, the Jerome gala provided a rare setting for crimson satin, violet mousseline, and creamy peau de soie. The rustle of watered silk and bombazine was deafening. Although corsets were known to damage vital organs, every woman in the place had laced herself breathless. Expanses of powdery white skin were bared on necks and shoulders, but no actual cleavage showed in front. Daring bustles and "hip extenders" padded ele- gant rears. (It was whispered that certain bosoms were padded as well. ) Coiffures were plumped out with hair rats and false hairpieces. All but the JEROME page sixteen M. Sterling most lissome females looked like up- holstered furniture on the move . The men stood stiffly in stone- starched shirtfronts and batwing collars . Balancing top hats was, for some, a new and chastening experience. Men as well as women were awash in lemon verbena, rosewater, and bay rum. Parlormaids, muleskinners, and mine nippers gathered at the main hotel en- trance to watch "the swells" come and go . The Aspen Daily Times, waxing ecstatic over the food and drink, proclaimed, "the odors would have intoxicated Bacchus himself . He was not present--no back numbers were. " Another journalist wrote, in a fit of flowery excess, "the moments flew by to the enchanting notes of the musicolo- gists. . . the merry god of pleasure defied the hoary sire of time. . . " After waltzing and quadrilling and promenading the soles out of kidskin shoes, the guests retired at 2 A.M. to recover from the "most pleasant and JEROME page seventeen Sterling enthusiastic housewarming recorded in the history of caravanseries from the time of Noah downward" . As for the Jerome, it was forced to pull itself together. From hence it would act as social arbiter and business nerve center for the new silver capitol. Jerome As Heart of Community Aspen provided a rare opportunity to observe a booming silver camp in a genteel and scenically splendid setting. Most mine camps, from Virginia City to the Comstock, were rough and inaccessible-- ugly, blasted landscapes without a tree in sight. In Butte, Montana, the air was so sulphurous that housewives tended tiny patches of grass as lovingly as Brussels lace handkerchiefs. With the invention of the Pullman sleeping car, people had begun traveling from place to place in "progressions" . From Seattle to Boston, investors packed up their womenfolk, fancy duds and shirt JEROME page eighteen Sterling studs, personal maids and entourages, and came to Aspen to look at mine investments amid refind surroundings. The Hotel Jerome became a mecca for touring grande dames and Eastern bigwigs. These were the hotel' s glory years. The Adirondack and Roaring Fork Clubs, the Mothers ' Purification Group, and the Anti- Tobacco League held meetings and organized fetes. Ladies ' social hops became a fixture, the Ladies' Ordinary a lodestar. Women' s Emancipationists, temperance lecturers, and poetasters arrived on tour-- and stayed at the Jerome. Stars of stage • and opera performed at the Wheeler Opera House--and stayed at the Jerome. The Colorado ' s People Party, a branch of the great Populist movement, campaigned for an unheard-of eight-hour day in back- room meetings at the hotel. Miteft Aspen' s Davis Waite became the only Populist gover- nor in the history of the state. In 1892, Colorado was the second state in the union to enact women' s suf- frage. Aspen' s mountain-tough women had a lot to say in the matter . A strike by the Jerome ' s bellhops JEROME page nineteen M. Sterling paved the hay for strikes by miners, muckers, and tranuners. Some of the country 's first successful walkouts-- without the murder and mayhem of strike- breaking elsewhere--occurred in Aspen in the early nineties. With the start of the Mauve Decade, the Jerome was the place where you could "have your horse 's teeth attended to" , visit your stockbroker, try an osteopathy treatment, buy the freshest Havana seegars, belly up to a marble soda fountain, savor imported brandies and liquors, have your sidewhiskers trimmed, and receive the latest dance instruction--all without leaving the premises. Hotel horticul- turists not only raised all the fresh vegetables for the dining rooms, they sold their surplus to grateful housewives through the long, cold winters . The Jerome ' s role had by this time become that of social doyenne and community guidance counselor. Annually, Aspen newspapers announced the date when the Jerome would take down its storm doors. JEROME page twenty Sterling On that day, the rest of the city took down theirs--secure in the knowledge that if the hotel said winter was safely past, it was . The Prang etchings from the Jerome ' s latest art show became the rage. When Madame Ransom and her husband appeared at the Jerome to teach the Grover Gallop, the Gallop became the dance sensation of the hour. Jerome social affairs climbed to such a pinnacle that Wheeler finally succumbed to public pressure to add another story to a building apparently heaving and throbbing from an excess of activity. (Fortunately--or unfortunately--the Sherman Silver Act was repealed before he could call in the hod carriers. ) The Depression Years With the demonetization of silver and the crash of 1893 , the brief, bright star of Aspen grew dim. George W. McPherson, a blacksmith and Baptist/. preachers, described the panic of that terrible season: JEROME page twenty-one M. Sterling "About 400 mines and prospect holes closed down, and the few mines that con- tinued operations reduced their work force nearly 100 %. . . Thousands of men, women and children who had no money in the bank had to foot the trail over the Great Divide to Leadville and other places. Every business failed except those that were branches of large Eastern concerns. Banks , churches, livery stables, YMCA, in short, nearly everything, closed. . . .and we were made paupers over- night. . .1 moved to Leadville without a dollar to my name. " Jerome Wheeler held on. In 1894, a few of the larger mines discovered unusually profitable ore. The 2, 350 pound pure silver nugget was discovered that year. But Aspen again became a legal battle- ground . (A true account of the winning of the West would feature, not Main Street gunfights, but courtroom harangues. ) When Wheeler' s bank was finally forced to close, he paid off his inves- tors dollar for dollar . His Bleeker JEROME page twenty-o4e M. Sterling Street mansion went for $20, 000 to help reimburse depositors . Gradually his mines caught fire and filled with water . Always a generous man, Wheeler had for years supported down-on-their-luck families with no claim on him except his kind heart. His daughter later claimed bitterly that he was "brought down" by unscrupulous men who bribed witnes35 "took him to law" , and stripped him of his pro- perties. With adversity, the vultures gathered. In 1903 Wheeler declared bankruptcy in the New York courts. He and his beloved wife moved back to Manitou Springs. In 1909 he lost the Jerome for back taxes . He died in Manitou in 1918 , still trying to redeem the tax title to the fire-gutted Wheeler Opera House. In the interim, Mansor Elisha, a drummer of Syrian birth who stopped at the Jerome on sales trips, unpacked his bags , hired on as bartender, and settled in the hotel to stay. He first leased, and then, in 1911, bought it for back taxes . JEROME page twenty-three Sterling For the next 25 years, Aspen ' s popu- lation wavered between 300 and 800, with the hotel remaining the pulse of the town. The beat was slow, social life restrained . The Jerome took on the air of a large, old-fashioned boarding house. There were barely enough traveling men and steady boar- ders to keep it going . For a time, room and board could be had for $10 a month. Mansor Elisha reared his children in its rooms and corridors, and when he died, his son Lawrence took over the management. In the thirties, with most of the town ' s 300 people on relief, the WPA built a crude boat-tow ski lift to try to pro- vide jobs. Mostly people ranched a little and drank. The Herron and Willoughby brothers kept mining--and made a living at it. All through the Great Depression the Jerome was a welcoming place. Everyone congregated on Sunday evenings for a fine chicken dinner--50C and music with your meal . Old-timers claim: "Now there was a hotel that was run right. " JEROME twenty-four Sterling Walter Paepcke And The New Aspen During World War II , Aspen experienced infusions of new life. Men of the Tenth Mountain Division, the country ' s first ski • combat troops, were stationed at Camp Hale across the Divide. They discovered Aspen on cross-country maneuvers . Bivouacking on the floors of the Jerome, they used the old snow-sled lift and skied Aspen Mountain. Noting that houses all over town could be bought for $30--and that the ski terrain was the finest they'd seen--they vowed to return. Of the quiet years, ex-Mayor Mike Garrish recalls, "Aspen has always been full of fellas looking for the main chance--with or without silver strikes . " A typical tongue-in-cheek "racketeer" was old Jake Eicholz, who sold worthless Woody Creek mine stock around the country for 10 a share. Opening his mail in the Jerome Bar, he often found enough checks and dollar bills to buy drinks for the house. The town was also discovered by Walter Paepcke--much as Jerome Wheeler had disco- vered it before him. President of the Con- JEROME twenty-five M. Sterling tainer Corporation of America, Paepcke was looking for the perfect setting in which to pursue his dream of mens sana in corpore sano--an intellectual and physical Utopia where overworCd business leaders could revitalize body and soul . Paepcke leased the Jerome for 25 years, and although it had never ceased being the hub of communal life, it now witnessed a new kind of boom . In the en- suing years, the hotel would be the site of the founding of the Aspen. Institute, ' the Aspen Music Festival and School, the International Design Conference, and the Aspen Ski Company. Things did not always move smoothly. When Paepcke gathered the townpeople for inspirational talks about their future, many decided they did not want to be "up- lifted" by a cheeky foreigner . Paepcke himself had to wrestle the wolf from the door more than once. The streets were either ankle-deep in mud or choked with dust. Burl Ives performed in a still fire-charred opera house. The Jerome was a now-shabby oasis . JEROME twenty-six Sterling Herbert Bayer, member of Germany ' s famed Bauhaus School of Design and Paepcke ' s artistic advisor, remodeled the building , added baths, installed furniture bought at Chicago ' s Palmer House auction. Bayer painted the bricks white and trimmed the win- down arches in blue. These became the popu- lar blue eyebrows over which locals would wax increasingly sentimental . The new hotel pool became a focus of summer social life. Institute seminars were conducted poolside. The beautiful Paepcke girls strolled by in garden-party hats and dresses. Town children learned to swim there. The war was over , prosperity was around . the corner, the country ' s sense of humor restored . Guests at pool parties leaped into the drink with their clothes on--or sometimes off--setting a fashion before the Kennedys . When sheep drives filled the streets, some wag usually detoured a few ewes into the Jerome lobby. Albert Schweitzer And Duke Wayne JEROME twenty-seven Sterling The illustrious Albert Scweitzer left Lambarene for America only once--when Walter Paepcke lured him to Aspen for a 1949 Goethe Bicentennial . Two thousand of the famous and near-famous jammed Aspen for the event. Th2' overflowed the Jerome and camped in private homes, dormitories, barn lofts, and hallways. Under the impression that Aspen was near Chicago, Schweitzer was literally breathless at finding himself above 8, 000 feet. But his appearance in a tiny, for- gotten mining town made headlines--and Aspen was back on the map . The early fifties were pioneer days again. Everyone worked at four jobs, lived hand-to-mouth, and depended on the largesse of friends . Architect Fritz Benedict and his wife Faubie became garbage collectors so they could feed their pigs. Institute and world-famed photographer Franz Berko and his wife Mira started their Toy Counter under the Jerome stairs. When Bob Craig, young veteran of K-2 and other Himalaya expeditions became the executive director JEROME page twenty-eight Sterling of the Institute, he ran everything from the bellmaster ' s closet--also under the Jerome stairs. The Hotel Grille, decorated modishly in deerheads and a jukebox, was the cheapest jrw✓ placeAto feed large families a hearty meal . The hotel became a secluded watering hole for a handful of screen stars, writers, and avante-garde artists . Gary Cooper sat out front with the old-timers and girl- watched . If the town codgers didn' t approve of a girl ' s decorum, they let her have it with a stream of tobacco . Lana Turner and husband Lex Barker "got away from it all" at the Jerome . Hedy Lanarr held down a barstool for days at a time. Norma Shearer floated up the staircase in clouds of chiffon. Later , John Wayne came to town to invest in dormant mines . The Duke ' s drinking and brawling were legendary in his own time. Aspen Ski School instructors met at the Jerome every morning and again apres- ski. Visitors and locals gravitated toward this new breed of folk hero--and spilled over into the streets and lobby. Skis were JEROME page twenty-nine Sterling stuck in snowbanks and left untouched for days. Mary Hayes walked into the Aspen Times next door and became its lone reporter/ photographer . Therese David held style shows anywhere she could unpack a trunk-- in the bar, on the stairs. Writers J.P . Marquand, Luke Short (Fred Glidden) and Thornton Wilder drank local ranchers under the table. The drink of choice was a Jerome milkshake with four stiff shots• of bourbon--called "crud" . The post-war hotel was a funnel for future success stories . Mead Metcalf, owner of the Crystal Palace, began his Aspen career playing the Jerome piano . Arnold Senn and Werner Kuster of Red Onion fame started as Jerome chefs . Real estate developer John Doremus, landscape designer Henry Pedersen, and Airport Auto Center owner Jim Adams were all hotel bellhops . Fred Fisher and Walt Smith played the Jerome--the first in decades of Aspen engagements . Sepp Kessler , ski instructor and real estate magnate , began at the Jerome as diving instructor and masseuse . JEROME page thirty M. Sterling Dick Butera And the Born-Again Jerome By the 1960 ' s, when Michigan ' s John. Gilmore bought the Jerome, the roof was leaking , plumbing and wiring failing, walls trembling--the old girl had grown slatternly with years. Gilmore tried and failed to inte- rest investors in restoring the hotel . Experts looked her over, shook their heads, and pronounced the same grim verdict: "It' ll cost too much to shore up- might as well tear her down. " Late in 1984 , Dick Butera, Aspen real estate investor, was smitten by the historic Jerome . He recognized the building as a classic example of Mine Camp architecture, resolved to mastermind its restoration, and interested his friend Jim McManus of Westport, Connecticut, in the project. On June 1 , 1985 , work was begun. The first phase was, literally, retrofitting the building--saving the facade while reinforcing the framework. JEROME page thirty-one Sterling The Jerome not only received a massive facelift, she was completely trussed up with hidden steel underpinnings. Peeling off layers of paint, workmen revealed exquisite brick and sandstone masonry . Locals who had never seen the hotel au naturel were bowled over. The rich old pressed brick from valley kilns and the Peach- blow sandstone from Frying Pan quarries were fitted in lovely patterns. All the iron moldings were custom-cast in St. Louis . Many small basement rooms were re- moved, the foundation excavated another three feet, steel supports installed in lieu of bearing walls. This expansive space, 4 , 000 square feet seating 300 people, is the site of the new Jerome ballroom . Wiring, plumbing, heating were brought up-to-date. Interior walls were rebuilt, reinforced , replastered . Then the cosmetics began. The hotel has been restored in JEROME page thirty-two Sterling the Eastlake-Gothic period which, in the 1880 ' s, marked a return to good taste in American decor. (Charles Eastlake was an affluent Englishman who introduced English design reform to the American public . ) Contrary to popular opinion, the drama of Aspen mine-carp life was not played out against red plush, white marble, flocked paper and dark, carved furniture the size of dreadnoughts . Mine Camp Victorian is lively and colorful--sometimes robust, often delicate. It teems with floral and geometric patterns , stripes and tendrils; with etchings and Oriental flourishes. The beloved Jerome bar , now completely refinished, is a classic Eastlake Anglo-Japanese piece. Under the direction of Interior Designer Zoe Murphy Compton, 150 light fixtures--90o found in the hotel , of brass, cast-iron, and cut, silver-etched and cranberry glass--have been restored and reinstalled . Each is a classic , eome worth thousands of dollars. The cast-iron JEROME page thirty-three Sterling door hinges--ornate pieces of Eastlake craftsmanship--have been cleaned up and reused . Many superb fittings, from the Western Electric paging box to the old Hobart food processor--the 1890 ' s equiva- lent of a Cuisinart--have been carefully renovated. Glass, bronze, ceramic and cut-glass doorknobs are all original , as are the fine copper and brass fire extinguishers, door latches, and striker plates . Compton rescued much of the literally priceless lobby tile. The blue squares, filled with cobalt and gold, cannot be reproduced. The existing lobby border was matched--at a cost of $350 a square foot. gorking long hours, seven people meticulously hand-cleaned 3 , 000 feet of old tile for reuse All vintage hotel furniture has been painstakingly restored. So have staircase treads, balustrades, wood dadoes, "railroad siding" panels. Many fittings are from JEROME page thirty-four Sterling the original Jerome . Others from the same period were bought at Chicago ' s Palmer House auction by Walter Paepcke and Herbert Bayer when they remodeled in the forties. Butera and McManus have augmented hotel interiors with the contents of the Herschel Bartlett mansion built in St. Joseph, Missouri, in 1891. Missourians could not find a benefactor to maintain the find old Victorian, so the Jerome owners bought the contents lock, stock, and barrel. Its fireplaces, wainscoting, paneled transoms, cherrywood doors and other finishings--all in mint condition-- are now an integral part of the new Jerome. The pressed-tin ceilings in bar and tearoom are exact replicas of those popu- lar in ice cream parlors; saloons, and emporiums of the day . Many of the wallpapers have been custom-made to match actual papers found in museums. Most were provided by Bradbury & Bradbury and Victorian Collectibles, companies recreating the finest Victorian Eastlake patterns. JEROME page thirty-five Sterling The broad, arched hallways are carpeted in brilliant florals on a black background . They are a lively counterpoint to the rich, jewel-toned room schemes: burgundy, rasp- berry, purples, moss and hunter greens, night blues, shell. pinks . (Victorian decor is not for the faint of heart. ) Old mining maps from the Ed Smart collection line the walls . Sideboards filled with books , and decanters of sherry on cherrywood tables make cozy conversa- tion corners--groupings less cluttered and more inviting than the 1889 parlors that inspired them . As you enter the hotel , the broad sweep of the lobby carries the eye past the baby parlor grand and bowers of greenery to the great fireplace--full-relief-carved in oak, with a silver-dust mirror mantel . Its mate sits back-to-back in the Silver Queen Dining Room beyond . The lobby ' s earth tones frame many of the Jerome ' s more masculine pieces: the large oak wall clock where Algerian JEROME page thirty-six Sterling chef Henri Kechid ' s ashes were once in- terred; fine old brass andirons and fireplace fender; an original hand-carved walnut hall tree with deer head and ivory hangers. Potted palms, which became cherished members of Victorian families, flourish everywhere. Sofas are large, overstuffed, and comfortable. The open core rising three stories through the heart of the building to a glass-paned roof above is Buterai handsome adaptation of the initi- al stained-glass conservatory. On your left as you enter the hotel is the Ladies Ordinary, a startling social wrinkle for the last century. The Jerome Ordinary was the first place in the city where proper women could appear in public without an escort and order a cup of tea--or something a bit stronger. The Jerome Bar is the single hotel space maintained over nearly 100 years with its approximate original style. Redone today in fresh Austrian silk windowshads, deep wool mini-plaid , and hurgundy frieze JEROME page thirty-seven Sterling upholstery, it retains its oldtime inti- macy--with an added dash of panache. AIWA the beautiful Gothic doors have miraculously endured miners ' and skiers ' boots and the traffic of generations. Beyond the concierge ' s desk, in the northwest reach of the main floor, is Jacob' s Corner, the informal garden room named for the plot of ground on which the hotel was built. Bright, sunny, this cheerful space has been a favorite breakfast spot since Ada Rehan came to town. The chandeliers, hidden for years under gold radiator paint, were found to be solid cast-iron weighing 250 pounds apiece. Butera located a magnificent bowfront oak bar with stained-glass dome in Trinidad, Colorado . This has been divided into front and back service bars and is one of the showpieces of the room . Immediately beyond the lobby, the Silver Queen Dining Room is decorated in burgundy velvet and Italian tapestries . Of the three Victorian brass chandeliers, the large one has been declared by experts JEROME page thirty-eight Sterling the finest vintage brass in the West. Romantic and candlelit, the Silver Queen invokes memories of the great Modjeska and Diamond Jim Brady. In the right rear Northeast corner is the Jerome B. Wheeler Room, an opulent private dining facility. Its gold leaf and a French crystal chandelier are unabashedly decadent. Upholstered chairs and posh surroundings invite the drinking of imported champagnes and fine cognacs. It is an intimate setting in which mine tycoons might have traded millions in silver over the puff of a fine seegar . Off the lobby to your right is the Grand Parlour Suite, named for the neigh- boring Colorado River , originally called the Grand . The beautiful wallcovering in this guest suite was copied from paper found in the home of General and Mrs . Mary Daley Crook of Omaha, Nebraska, in 1886 . The appointments in this luxurious first-floor guest suite are genteel enough for visiting royalty--it is- the hotel ' s niece de resistance. In the front righthand , or Southeast, JEROME page thirty-nine Sterling corner is the delectable Jerome tearoom. Done in pink and white damask, handed- nickel hotel tearoom chairs, lace curtains, silver-etched cranberry glass, oak wain- scoting and fretwork, and wicker, it is the delight of small children, honey- mooners, and grandparents of all ages. There are 27 guest accommodations in the original hotel space, including seven large suites. (The new wing holds an additional 77 suites and rooms, all in authentic Eastlake decor. ) Double rooms, closets, and bath-dressing rooms are un- usually commodious. All baths are finished in white Carrera marble. Black and white octagon bath tile from the last century has been duplicated. Oversized white Jacuzzi tubs are an unob- trusive concession to contemporary luxury. Wall-to-wall carpetings are authentic period, as are the upholstered black-iron and brass beds. Furnishings are antique, bed-dressings crocheted , drapings of moire or velvet. Views of Aspen Mountain, towering spruce trees, Independence Pass, Red Mountain are JEROME nage forty Sterling unparalleled . A Testament To Mine-Camp Splendor Enormous energy , dedication, and resources were needed to recreate the Mine-Camp Jerome. Today the hotel is a mountain showplace--a S4 , 500, 000 museum piece whose smallest detail is an exquisite reflection of the whole. Pt the same time, it is again a warm and welcoming place--the kind of hotel where, for nearly a century, men and women in ranch -jeans and "swells" • dressed for a hall have felt equally at home. Looking from hotel rooms over mountains still filled with silver, you sense the presence of men who dared everything on the turn of a pick--and somen who helped carve an empire. Author Evelyn Ames wrote of Aspen ' s splendid remains in the forties: " It is a surprising and heady brew. . .of Europe and the corner drugstore. . . of poets and cowboy boots . " JEROME page forty-one Sterling The restored Jerome serves un that same heady brew. For Aspen and the West, it has been love on sight. --by Martie Sterling iuu uu SOURCE MATERIAL: "THE HOTEL JEROME" Martie Sterling 1 . Nineteenth Century Furniture Madigan 2 . Never Give A Lady A Restive Horse. . .Professor Thomas E. Hill 3 . Oh Be Joyful Martie Sterling 4 . The Oxford History of the American People 5. To Aspen & Back Peggy Clifford 6 . The Rockies. . . .David Lavender 7 . Victorian Comfort. . . . John Gloag 8 . Life With FatherClarence Day 9. The Aspen Idea . . . . Sidney Hyman 10 . The Aspen Story O ' Rear 11 . Aspen On The Roaring Fork. . . .Wentworth 12 . The Romance & Culture Of Commerce. . .Aspen Institute 13 . Archives, Aspen Historical Society 14 . Manitou Springs, Colorado Springs archives. . . PERRY A. HARVEY 601 East Bleeker Aspen, Colorado 81611 ( 303 ) 925-4545 December 5 , 1985 Mr. Alan Richman Director of Planning City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Alan : I am enclosing the following: A) Proof of ownership in the form of a copy of the Deed . B) A letter from Dick Butera authorizing me as the owners ' representative . C ) The check for $1 ,490 . 00 for the application fee was delivered separately . Let me review the changes which will appear in the renovated Hotel from what was planned by Mr . Gilmore . The original plans called for removing the Annex and adding the addition . The existing hotel was to have twenty-eight rooms, 9 , 200 square feet of restau- rant, bar and meeting space, and some 4 , 400 square feet of retail shops . The addition was to have seventy-seven new rooms, 11 ,400 square feet of restaurant and bar related space , some 5 , 500 square feet of retail shops , and four employee rooms The current renovation retains the Annex, adds a small bathroom building, consolidates all the restaurant space into the existing building , reduces the room count to twenty-seven, eliminates all the retail shops , and provides four employee rooms . These changes will require a redesign of the addition to accommodate the Park Service and the retention of the Annex, among other changes . The addition will have some 6 , 000 square feet of meeting space, with the remainder devoted to Hotel rooms . Mr . Alan Richman December 5 , 1985 Page Two The uses in the renovated building break down as follows: Use Original New Guest Rooms 14 , 574 16 , 140 Employee Housing -0- 1 , 500 Kitchen, Restaurant, Bar, Meeting 9 , 227 13 , 700 Hotel Offices 3 , 081 525 Retail Space 4 , 427 -0- Services (mechanic and storage ) 3 , 435 4 , 300 Public Circulation 9 , 256 9 , 700 Any requirements of the PUD Agreement not covered in the application for the Amendment dated November 29th, or herein, will continue as obligations under the PUD unless otherwise amended in the future . The landscape plans are presently an unknown. The Main Street facade has a new sidewalk and will soon have trees planted in the planters on each side of the entrance to the Jerome . As you know, the State Highway Department would not allow moving of the North West corner curb to create a pull-off lane . The sidewalks along Mill Street will be repaired as needed and as weather permits . The parking area will be leveled and graveled according to the parking plan. Landscaping for the remainder of the site will be planned by Edward Durell Stone, Jr . , a nationally renown landscape architect. Because the plan depends upon the footprint for the addition and the resultant sideyards , the landscaping for the full project will be submitted with the plans for the addition. In the event the addi- tion is not built, the owners pledge a minimum of $50 , 000 for landscaping of all disturbed areas of the site to create a feel to the grounds in keeping with the elaborate renovation of this historic landmark. Please contact me with questions or additional needed information. Sincerely, ‘ p Perry A. Harvey PAH/nkb Enclosures PERRY HARVEY 601 E. SLEEKER ASPEN, COLORADO 81611 (303) 925-4545 November 29 , 1985 Mr. Alan Richman, Director of Planning City of Aspen 130 South Galena Aspen, CO 81611 Dear Alan: Pursuant to the requirements of Section 24-8.26 of the City of Aspen Zoning Code, the Hotel Jerome submits this request for certain amendments to the Planned Unit Development for the Renovation and Addition. These changes are necessary because of changes in conditions which have occurred since the final plan was approved. The original plan was to renovate and construct the addition at the same time. Now the project is being phased and the PUD must be amended to reflect this. Additional changes to the facade for the addition are required by the National Park Service as part of the Listing of the Hotel Jerome on the National Register of Historic Places. Mr. Gilmore's original plan for the Hotel addition called for onsite parking. Later it became apparent that the parking would not fit onsite with the rooms and commercial space. Thus, Mr. Gilmore agreed to cooperate with the City parking on the Rio Grande property. The current owners are exploring the possibility of putting parking onsite and decreasing the commercial space and retail shops . Onsite parking has always been a right of the owners and is clearly the preferred solution for the City. Further, the reduction of retail and commercial and substitution of onsite parking and added hotel rooms would reduce employee generation and traffic impacts on the site. What follows is a point-by-point summary of the specific PUD amendments: A) Add to the Whereas Section that the owner envisions a phased project over some three to four years, with the first phase being a renovation of the existing improvements, with certain small expansions and the second phase consisting of construction of the addition. Mr. Alan Richman November 29, 1985 Page Two PUD No. ( 1 ) Sidewalks, Curb and Gutter The renovation will include sidewalks on Main and Mill . The addition will include sidewalks on Bleeker as accepted by the Engineering Department. A new schedule and cost estimate will be created and updated by the City Engineer prior to construction of the addition. PUD No. ( 3 ) Landscaping Improvements The landscaping for Phase I will be minimal on the West and North side pending redesign and construction of the addition. Depending upon the redesign, a new plan will be submitted in 1988 . PUD No. ( 4 ) Construction Schedule A new schedule will be submitted for the addition in the spring or early summer of 1986. The current thinking is to begin the construction of the addition by the fall of 1986, with completion roughly one year later. PUD No. ( 7 ) Off-Site Parking Added to this should be the option for the owner to provide the required parking onsite. In the event a Building Permit is issued for the addition showing the parking onsite, then the requirements and conditions in the Agreement for off-site parking shall be removed and deemed satisfied. Parking for the renovated Hotel will be provided according to the enclosed plan. PUD No. ( 14 ) Notice Change to provide new notice names and addresses to reflect the new ownership. I have also prepared a new breakdown of the square footages as they relate to uses in the renovated building. This will result in the allowable new square footage. Because the design of the addition will most probably be reworked, I feel it important that the owner and I meet with you and council at a work session to review possible changes in the addition. The owners have no preconceived ideas as to the floor Mr. Alan Richman November 29 , 1985 Page Three plates and would like to know the Council ' s and your ideas regarding the property. If you could arrange an hour for this discussion between now and years' end, it would be appreciated. I will be in touch soon on these plans. Sincerely, Perry Harvey PH/db PERRY A. HARVEY r, /;601 East Bleeker k( ti/9,4c Aspen, Colorado 81611 ( 303 ) 925-4545 ~^ J December 12 , 1985 Mr . Alan Richman Director of Planning City of Aspen 130 South Galena Aspen, Colorado 81611 Dear Alan: Thank you for your scheduling of the Jerome amended PUD before the Planning and Zoning Commission on January 7 . There is one added change to be made in the PUD agreement. I feel that, since The Cortina has been approved for employee housing in a dormitory configuration, the PUD should reflect this . Currently, the language under the employee housing section is confusing, calling for fifteen people in fifteen bedrooms . During the amendment process , the language should be clarified to reflect the existing conditions . I will contact you soon to set up a meeting to discuss the amendment process . Sincerely, ' Perry A. Harvey PAH/nkb GAR IIELD & HECHT, Paco RONALD GARFIELD ATTORNEYS AT LAW TELEPHONE ANDREW V. HECHT VICTORIAN SQUARE BUILDING (303) 925-1936 TELECOPIER 601 EAST HYMAN AVENUE (303) 925-3008 WILLIAM K. GUEST, P.0. CABLE ADDRESS JEREMY M. BERNSTEIN ASPEN, COLORADO 81611 "GARHEC" CLIFTON D. BURDICK April 22 , 1986 � @r ufl Stephen Burstein D APR Planning Department 2 Z 130 S . Galena L Aspen, CO 81611 RE: Hotel Jerome PUD Agreement Dear Steve: I am submitting for your consideration, a revision to paragraph 4. of the draft First Amended Planned Unit Development Agreement Hotel Jerome - Renovation and Addition. I briefly mentioned to Paul Taddune the substance of this revision, however, with his travel plans he was unable to address the specifics of such change and, therefore, reserved the right to comment later. I propose paragraph 4 read as follows : "4 . EMPLOYEE HOUSING. With reference to Paragraph "6 of the Initial Project" and as a further inducement to the City to approve phasing into two phases as set forth in this First Amended Agreement, Owner has agreed to and does hereby confirm and acknowledge its obligation to provide housing for employees of the project, as required by the Code and regulations of the City of Aspen, or its designee, in connection with the project. With regard to Phase I Owner hereby agrees that Rooms No. 1 , 2 , 3, and 4 in the hotel annex, as such rooms are designated on the plat annexed hereto, shall be and hereby are restricted exclusively to use as dormitory employee housing under and in accordance with such City of Aspen employee housing use , occupancy, rental and sales price guidelines as may be in effect and applicable from time to time, sufficient to house 4 employees of the project and restricted to a maximum occupancy of one (1) employee per bedroom. Such rooms shall be used solely by hotel employees, and verification of an employee ' s employment qualifications shall be accomplished by the City of Aspen, or its designee, prior to and as a condition of occupancy of any of the above identified rooms. Said rooms shall not be utilized by any person whose use and occupancy thereof is not verified as set forth above. The dedication and covenants contained herein shall be deemed a burden upon and to run with the title to the project and shall be binding upon the Owner and Owner' s successors and Stephen Burstein GARFIELD sr Ull a, RC. 4/22/86 Page 2 assigns and upon all other persons or entities having any right, title or interest in or to the project (or bedrooms) or any part thereof, and shall inure to the benefit of and be specifically enforceable by the City of Aspen or its designee by appropriate legal action, including injunction, abatement or eviction of non-complying tenancies, all for a period of fifty (50) years from the date of recording hereof in the Pitkin County Clerk and Recorder ' s Office. Neither this dedication nor any of the covenants contained herein shall be modified, released or waived in any respect except by written instrument executed by both Owner or its successors or assigns and the City of Aspen, Colorado, and duly recorded in the Pitkin County Clerk and Recorder' s Office. The approval by the City Council on the day of , 1986 , restricting , ' units- at the >.} Cortina Lodge, Aspen, Colorado, shall fully satisfy the requirements for Phase II of the project. These units shall be provided for use by 15 hotel employees , deed restricted to city employee housing, rental and sales price, qualification and occupancy guidelines in effect at the time such units are provided. Such units shall be restricted to such guidelines prior to the issuance of a certificate of occupancy for Phase II of the project and as a condition precedent thereto. The Owner shall have the right to substitute all of the required off-site employee housing for an aggregate of 15 employees provided (i) the location, size and configuration of such substitute employee housing is acceptable to the City of Aspen or its designee, as reflected by resolution of the City Council, (ii) the minimum number of acceptable employee housing units required by the initial agreement to house 15 employees remains available at all times , and (iii) the same deed restrictions are imposed upon the substitute units prior to occupancy of the substitute units. Upon the completion of said substitution as above required, the City shall release the deed restrictions upon those off-site units which have been replaced with substitute units . Further, should the Owner secure more units than are necessary in the opinion of the City to house 15 employees off-site, Owner' s on-site employee bedroom requirement shall be reduced exactly by the number of off-site bedrooms provided in excess of those required to house the 15 employees off-site, as may be acceptable to the City (or its designee, which may be the Aspen-Pitkin Housing Authority) , including approval by resolution of the City Council . Further, should the Owner, at the time of the certificate of occupancy for Phase II of the project, not have provided the units necessary to house 15 employees , owner shall , prior to the GARFIELD & HIIECIIT, EC. 4/22/86 Page 3 issuance of the certificate of occupancy for Phase II and as a condition precedent thereto, covenant and restrict a sufficient number of bedrooms within Phase II of the project necessary to cover any shortfall in the off-sit housing requirements , which temporary restricted bedrooms must meet the same City employee housing guidelines as Owner ' s off-site employee housing units would have been required to meet under the terms hereof, and which temporary restricted bedrooms shall thereafter be released from said covenants when Owner does provide the required number of units for off-site employee housing in the manner above required. Owner warrants that at the time of the issuance of the certificate of occupancy for Phase II , that all persons , or entities having any lien, encumbrance or interest in the Cortina Lodge will have consented to such occupancy and that no certificate of occupancy for Phase II wil be issued without the written consent of any such person or the substitution of other employee housing to satisfy the requirement. The deed restriction and covenant restriction and release forms shall be approved as to form by the City Attorney prior to recordation. " Sincerely, Andrew V. Hecht AVH/dd cc: Perry Harvey T. Richard Butera fk4cie„ (L,7- T. Richard Butera December 3 , 1985 To Whom It May Concern : This letter is to notify the Aspen Planning Office that Perry Harvey is the authorized representative to make the application for the amended P.U. D. on behalf of the owners of the Jerome Hotel. T i-chard Butera General Partner Hotel Jerome Limited Partnership Date VVV TRB/pn 1450 Crystal Lake Road, Aspen, Colorado 81611 303/925-8900 SS Form LP1111ra1f MAIL TO: For Office Use Only Colorado Secretary of State Corporations Office 1575 Sherman St., 2nd Floor Denver, CO 80203 (303) 866-2361 FILED r ZE is85 (';��1�`��`aS'�G FOREIGN AUG SUBMIT IN DUPLIC • . _ " , STATE OF COLORADO Filing Fe $20 plus L - - - - AMENDED and RESTATED DEPARTMENT OF STATE 11.00/page for every page in excess o110 pages APPLICATION FOR/REGISTRATION This document must be typewritten. AS A FOREIGN LIMITED PARTNERSHIP OF -- - __ __- . __ _- _ _ Jerome Palace To 11111 Secretary of State of the State of Colorado Limited Partnership Pursuant to the provisions of the Colorado Uniform Limited Partnership Act of 1981,the undersigned limited partnership hereby applies fort5Certificate of Registration to transact business in your Stale.and for that purpose submits the following statement: an amended and restated FIRST: The name of the limited partnershipx9C .las been amended _to The Jerome Hotel Limited Partnership amended SECOND: Theranle w ich it proposes to register and transact business in Colorado is: The Jerome Hotel Limited Partnership (Note t). THIRD: The jurisdiction of its formation is: Connecticut FOURTH: The date of its formation is: May 24 , 1985 FIFTH: The general character of the business it proposes to transact in Colorado is: operate , rent , lease, sell, finances mortgage and otherwise deal with real p y ropert SIXTH: The name and address of its agent for service of process on the foreign limited partnership is: The Corporation Company, 1700 Broadway, Denver, Colorado 80290 SEVENTH:The Secretary of State of Colorado is appointed the agent of the above-named limited partnership on whom any Drocess notice, or demand may be served if no agent has been appointed in paragraph SIXTH,or if appointed, the agent's authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence. EIGHTH: The address of the office required to be maintained in the jurisdiction of its organization by the laws of that urisdiction, or. if not so required. of the principal office of the foreign limited partnership is: 285 Riverside Avenue, Westport, Connecticut 06880 VINTH: If the certificate of limited partnership filed in the foreign limited partnership's jurisdiction of organization is not •equired to include the names and mailing addresses of each partner,attach a list of the names and addresses of all partners Specifying-separatelyth,. gemfel-petleers end-Me1iFRi4ed-pastaerb). THE HOTEL JEROME LIMITED PARTNERSHIP iTATE OF CONNECTICUT es e _ o B :.3.Lat FAIRFIELD ) SS. (Je �Pei t By: `.k a nc. :OUNTY OF _._. _ _ _ __ Note 3 Its PreslitentlPanne( subscribed and sworn to before me this �O'" day of August —79 85 Ay commission expires -3/3//to - . % !?o. - Notary .CBS �'i-orrS,.4:1 /pup. TES Address Wec y C r o6etfd 1. ■the name of the limited partnership does not contain the words-limited partnership,""limited,"or"company,"'or the abbreviation-L.P.,- LTD.. Co insert the name of the limited partnership with the word or abbreviation which it elects to add thereto for use in this State. 2 E limited partnership name of the limited partnership making the application. 3 Sig azure of general partner signing for the limited partnership. ;COLD. — LP 2663 - 4/1/83) ss FormtPl (11/UI) MAIL TO: For Office Use Only Colorado Secretary of Stale Corporations Office 1575 Sherman St., 2nd Floor Denver, CO 80203 CS� (303) 866-2361 reiReIGN AMENDED SUBMIT IN DUPLICATE Filing Fee.$20 plus CHANGE OF NAME {1 pageforevery APPLICATION FOR REGISTRATION page e in excess of 10 pages. This document must be typewritten. AS A FOREIGN LIMITED PARTNERSHIP OF Jerome Hotel Limited Partnership • To the Secretary of State of the State of Colorado Pursuant to the provisions of the Colorado Uniform Limited Partnership Act of 1981, the undersigned limited partnership hereby applies for KCertifamendeagiandiorestatedbusiness in your State,and for that purpose submits the following statement: FIRST: The name of the limited partnership VC has been amended to The Hotel Jerome Limited Partnership. _ ,amended SECOND: The ante w is it proposes to register and transact business in Colorado is: The Hotel Jerome Limited Partnership (Note 1). THIRD: The jurisdiction of its formation is: Connecticut FOURTH: The date of its formation is: May 24 , 1985 FIFTH: The general character of the business it proposes to transact in Colorado is: operate , rent. ] ease, sell , finance, mortgage and otherwise deal with real property. SIXTH: The name and address of its agent for service of process on the foreign limited partnership is: The Corporation Company, 1700 Broadway, Denver, Colorado 80290 SEVENTH:The Secretary of State of Colorado is appointed the agent of the above-named limited partnership on whom any process notice,or demand may be served if no agent has been appointed in paragraph SIXTH,or if appointed,the agent's authority has been revoked or if the agent cannot be found or served with the exercise of reasonable diligence. EIGHTH: The address of the office required to be maintained in the jurisdiction of its organization by the laws of that jurisdiction, or. if not so required. of the principal office of the foreign limited partnership is: 285 Riverside Avenue, Westport, CT 06880 • NINTH: If the certificate of limited partnership filed in the foreign limited partnership's jurisdiction of organization is not required to include the names and mailing addresses of each partner,attach a list of the namesand addresses of all partners (>pBcttymg separately geaeral-paua Sri and-the lmiteipar} SL HOTEL JEROME LIMITED PARTNERSHIP CONNECTICUT �j STATE OF .CONNECTICUT SS. ; \ By By: s - •.. LS' _— iJ te3 COUNTY OF __ Its Vice ffafg Th ty Subscribed and sworn to before me this /0J '+ y of�� m. - ell 19 d� My cornmic_ion expires Z*ttt c- 37 /' 379 /�'- '� Notary r3,3 ,?- ,-3,b& ' -� f or- Dtof,QO Address NO IFS 1 If the name of the limited partnership does not contain the words"limited partnership,'"limited,"or"company."or the abbreviation"L.P.." LTD., or"Go."insert the name of the limited partnership with the word or abbreviation which it elects to add thereto for use in this Stale., 2 Exact limited partnership name of the limited partnership making the application. 3 Signature of general Partner signing for the limited partnership. (COLO. — LP 2663 — 4/1/83) Fier-order]at &clod.1- M , , Bad 487 1EE495 UN...Reception No Recorde- d WARRANTY DEED _ c_, ■ !, i 1 --. 2 6 8 7 r 3 Ltre) 1,1 11 0 = 1! a "sz 11 THIS DEED, Made this 6“,f- June . I I - h. n: LORF.fit, EIONER r ‘fl. Lc LI 19 6cmc,rn 85. JEROME HOTEL COMPANY, a Michigan limited PITKIti CTY. RECORDER'. - Ln II partnership 3 • ut"---,11 gbh( •itommook 117>entlEXIX JUN 7 2 03 PM 'BS OCT i ,.... , MaiialiI7C grantor. and JEROME PALACE LIMITED PARTNERSHIP, a 1 I h ...S 1 Connecticut limited partnership II , Ii wiumekindaddressis c/0 Market Corp Real Estate, Inc. , 285 Riverside Avenue, Westport, II Connecticut 06880 I II anig ra-78784fX8( 38,10QUOIX(‘NatiaN grantee MITNESSETH.That the grantor for and in consideration ot the sum id Ten Dollars ($10.00) and other good II and valuable considerations, 3120/.1c.ttS: I' ,• : the receipt and sulticienc■of which I,hereby at knonledged has granted bargained.sold and cons ef cd and M these present-does grant.bargain.sell. , l conettY and confirm unto the pranjetaikliEWP,Wfro el.all the real propertyXISNNUAG,imprin a mem, if an> situate:FsMy and being in the ' 1! l, County of Pit kin and State or Colors drisr Oa as lollinks : All that real property consisting of the structural improvements and appurtenances, including basements and foundations and fixtures, but not 'I including the land or subsurface, located upon the following described property: Lots A, B, C, D, E, F, G, H, I, 0, P. Q, R, S and the East I, 20 feet of Lot N, Block 79, together with the East 170 feet of the alley in said Block 79, City and Townsite of Aspen. 1 I: ji T7 DOCUMENTARY ' , Jbli - 7 1985 i ailtaanN7LifaXXIXIMIXXXXnX I/0 C\ $ ca —C ----, _ 1 OGL1 HIP ii it all and singular the hereditament, and a;n::11,11J11,,, it.L“It, be-10dinn, 0: e ai . di apmeriaininy and the re1/2.2Fmkil and hi rid s i ri.:ant ill and remainelcis rents. issue- and prim:- iti.-..,' and al. Me cstati ricie id, ,•a, ,ban and demand what Cs,': of tr, if TO HAVE AND TO HOLD the said prennsC,abose bargain, and described %NA tht appuntman..- lime the mann-v. hr.heirs and Le siert- ac lo.n .:, alon>did and thin the ',am,: an ICC an,: slim min, ali fume: and di:, i . ti di sa „ Lire rada. a ‘,„9, /, en,ur.,r“- , .1T,1 Ft.1'1,11■PrI ol ■A hx).:■cT kind or nature-soccer. Lis,rip, and subject to those matters set forth and described on Exhibit A attached hereto and made a part hereof by this referen..i... The gr.ol:, 7''oil!and will WARRANT AND FORE 7 ER DEFEND the-.Mote bargained Fenn-.-in OIL tl:':'. 1,„1.t aflk possession of the grant,a his tie,--ana 1-`,!;:ne.airainst all and every person or person.lass fuM clapping thew hole or ani,pm'them,Lit Pa : ml imlici,ber shall include the plural. the pli fa: if e stidcfulat and the use of any gender shall he applicable ti,J::genders ... 00K.‘02 IN Nit It SF SS N't HI READ, the grant,:has necudd Om deed it ill dia. siii tout: aim., JEROME HOTEL CONrANYA: limited partnership = cl".." citi ... , , -1 I Lit? .---- - - k - , A 8)g'//t11-4(' '.e , ' - I Lia _ ---_-- . ' (John F. Gild-pre, G4-0AUlfPniner : H . .;.1, - s FAI II 01 COLOR ADO ,,,,o, , , , 7, , • ' r Counts of Pitkin i ss ; 1 I., ; r-,.7.,Inc 111,ffilnICIII wan acknim lodged before me in the County if Pitkin Sin! Col: iad . this &,41. day of June . N 85 .hy John F. Gilmore as the General Partner in and of Jerome Hotel Company, a Michigan limited partnership. . 1ge5 \\line, me hand and fink i it seal . 1.4 - 1 'If in Dr r■el. Insert"CH) and . ■, 7 54 : ' No. 932A. Rm.7-84. %%ARRAN]] DEED i For Pholorraphk Ite.ord i Br.,,Il,,,'P.,^]0 0. si.:`N lilt Ste Lab,.,Thi «)s0:1-1 IMO 21‘.6WW • 8130K 4%17. P4GE496 EXHIBIT A The conveyance effected by this Deed , and the warranties of title contained herein, are subject to the following matters : 1. General taxes and assessments for the year 1985 and sub- sequent years . 2. Terms , conditions , and restrictions as contained in Notice of Inclusion of Hotel Jerome in City of Aspen Historic Dis- trict, recorded January 13, 1975 in Book 295 at Page 515 and in instrument recorded April 30 , 1982 in Book 425 at Page 904 . 3. Rights of way or easements pertaining to the vacated alley portion of Block 79, City and Townsite of Aspen , for the con- tinued use of existing sewer , gas , water or similar pipe lines and appurtenances and for any and all ditches or canals and appurte- nances , and for any and all electric , telephone and similar lines as reserved in Ordinance No. 1 (Series of 1951 ) not of record , copy of the signed ordinance contained in the files of Transamerica Title Insurance Company. 4. Terms , conditions , restrictions and provisions as contained in the Planned Unit Development Agreement Hotel Jerome - Renovation and Addition instrument recorded May 10, 1983 in Book 444 at Page 750 , and the map of Hotel Jerome , Renovation and Addi- tion Final Planned Unit Development Plat recorded in Plat Book 14 at Page 88 , and any recorded amendments to such instruments. C "� BOOK 1 PAGE4�J I Y Recorded at ___ o'clock_— _M., /_ -, Reception No__._ — — _ ._ --- _ — ___F I_ -Recorder. r __— __ --- —_._ - _✓ __ _. ______--- r} — .1,,,‘ Ili RECORDER'S STAMP ",(/) THIS DEED Made this day of June iI ac �r N ^ _ :to�',�'I, 1985 ,between JEROME HOTEL COMPANY, a Michigan —° II en 1 J limited partnership of the m cxaouxxac alIJOE UXARH3mix N G? a� xxSaxofthe first part,and MARKETING CORPORATION OF AMERICA p � 9 V �' a corporation organized and n r U existing under and by virtue of the laws of the State of Connecticut,, z C =m of the second part:whose legal address is 285 Riverside Avenue, 0P3 .b.I. CIO m H Westport, Connecticut 06880 can WITNESSETH,That the said party of the first part,for and in consideration of the sum of I ' Ten Dollars ($10.00) and other good and valuable considerations kfikk to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is • hereby confessed and acknowledged,has granted,bargained,sold and conveyed.and by these presents do es .1 grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors and assigns forever, all of the following described lot or parcel of land,situate,lying and being in the County of Pitkin and State of Colorado,to wit: 1 Lots A, B, C, D, E, F, G, H, I, 0, P, Q, R, S and the East 20 feet of Lot N, Block 79, together with the East i. 170 feet of the alley in said Block 79, City and Townsite 1 of Aspen, EXCEPTING THEREFROM all that real property consisting of the structural improvements and appurtenances, including basements and foundations and fixtures located upo aid land. ' T 7 DOCUMENT„GY AN ' 7 res I. axxacxx t4.10MHxxx $ /2-72 i': 0-. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and t:,e reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate,right,title,interest,claim and demand whatsoever of the said party of the first part, either in law or equity,of,in and to the above bargained premises.with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.with the appal to Canoes.unto the said party of the second part,its successor an assigns forever.And the said party of the first part,for successors an assigns, itself, its k,Ak , 7{gg'3{.g . x'si2'YC'N.Si52g4f9KX does covenant.grant bargain and agree to and with the said par tv of the second part. its soc(essors and assigns. that at the time of the en=c:ding and deliver■ of these presents, it is ,cell suit I'd of the premises above conveyed. as of good.sure,perfect.absolute and indefeasible estate of inheritance. in law. in fee simple,and has good right. full power and lawfu; aut hority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales. liens. taxes, assessments and encumbrances of whatever kind or nature H soever, except and subject to those matters set forth and described in Exhibit A attached hereto and made a part hereof by this reference. and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its successor and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part ' . thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND_ IN WITNESS WHEREOF.The said part y of the first part ha s hereunto set its hand and seal the day and year first above written. JEROME HOTEL COMPANY, a Michigan limited partnership Signed,Sealed and Delivered in the Presence of $— 2A_cyt,-,I SEAL] By : - it i'T 4 c,lt �• . '1,•EAL] • JQEip:F. Gilmore, General -Pertper;e - L 1-- .'1 I• raL1 /,/ STATE OF COLORADO. F r l.:: ,., s s. County of Pitkin The foregoing instrument was acknowledged before me this A day of June, 19 65,6 JQhu F Gilmore s the General Partner in and of Jerome Hotel Company, a M h3 an limited partnership. Aly"emni issrun expires mkneabet ErrI IBS WITNESS my hand and official seal. /�� ll/(// Notary Podia No.932.WARRANTY HEED TO(ORPOR Vin\-For Photographic Record. Bradford Publishing,15165 West 44ih Avenue r,eden.Colorado 80401-17031278-0644-9.80 BOOK 487 PAGE490 EXHIBIT A The conveyance effected by this Deed , and the warranties of title contained herein , are subject to the following matters: 1. General taxes and assessments for the year 1985 and sub- sequent years. 2. Terms, conditions, and restrictions as contained in Notice of Inclusion of Hotel Jerome in City of Aspen Historic Dis- trict, recorded January 13, 1975 in Book 295 at Page 515 and in instrument recorded April 30, 1982 in Book 425 at Page 904 . 3. Rights of way or easements pertaining to the vacated alley portion of Block 79, City and Townsite of Aspen , for the con- tinued use of existing sewer , gas , water or similar pipe lines and appurtenances and for any and all ditches or canals and appurte- nances , and for any and all electric , telephone and similar lines as reserved in Ordinance No. 1 (Series of 1951 ) not of record , copy of the signed ordinance contained in the files of Transamerica Title Insurance Company. 4 . Terms , conditions , restrictions and provisions as contained in the Planned Unit Development Agreement Hotel Jerome - Renovation and Addition instrument recorded May 10, 1983 in Book 444 at Page 750 , and the map of Hotel Jerome , Renovation and Addi- tion Final Planned Unit Development Plat recorded in Plat Book 14 at Page 88 , and any recorded amendments to such instruments. CERTIFICATE OF MAILING I hereby certify that on this 19th day of August , 1982,, a true and correct copy of the Notice of Public Hearing regarding Hotel Jerome - Proposed PUD, Rezoning, Conditional Use was deposited into the United States mails, postage prepaid, and addressed to the following: See attached Ownership and Supplemental Ownership and Adjacent Ownership Reports (Order Reference No. 69) Martha Eichelberger V • DWNERSHIP AND ADJACENT OWNERSHIP REPORT Order Reference No. 69 FEE : $120.00 THE COMPANY hereby certifies that from a search of the company ' s property account (compiled from records contained in the Pitkin County Clerk and Recorder ' s Office) that the real property described below is vested of record as of the date of this report in the name of ; RECORD VESTING : JOHN F. GILMORE ADDRESS : Box J Hotel Jerome Aspen, Colorado 81611 DESCRIPTION OF REAL PROPERTY : Lots A, B, C, D, E, F, G, H, I, 0, P, Q, R, S and the East 20 feet of Lot N, Block 79, City and Townsite of Aspen, together with the vacated East 100 feet of the alley in said Block 79, County of Pitkin, State of Colorado THE FOLLOWING DESCRIBED REAL PROPERTIES APPEAR TO BE ADJACENT TO THE REAL PROPERTY ABOVE DESCRIBED, AND ARE VESTED OF RECORD IN THE NAME(S) SET FORTH IMMEDIATELY FOLLOWING EACH DESCRIPTION : DESCRIPTION OF ADJACENT REAL PROPERTY : SEE ATTACHED EXHIBIT A RECORD VESTING : ADDRESS : DESCRIPTION OF ADJACENT REAL PROPERTY : RECORD VESTING : ADDRESS : THIS REPORT IS NOT A TITLE POLICY, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TIILE, NOR AN ABSTRACT OF TITLE, AND IS ISSUED WITH THE UNDERSTANDING THAT ALTHOUGH WE BELIEVE THE INFORMATION SET FORTH HEREIN TO BE ACCURATE, THE COMPANY ASSUMES NOR WILL IT BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ACCOUNT OF ANY INCOMPLETENESS OR ERROR IN THE INFORMATION CON- TAINED HEREIN, EXCEPT TO THE EXTENT OF THE FEE PAID HEREUNDER. SHOULD LIABILITY FOR THE INFORMATION BE DESIRED, THEN PLEASE MAKE APPLICATION FOR THE APPROPRIATE TITLE INSURANCE POLICY OR GUAR- ANTY . Effective Date: JULY 30, 1982 TRACY TITLE, LTD . BY : ,_cf, , ca777 UNDERWRITTEN BY SAFECO TITLE INSURANCE COMPANY 4t3AGG' TITLE INSURANCE S REAL ESTATE CLOSING TRACT I71 E. LTD. 0 601 EAST HYMAN #103 0 ASPEN. COLORADO 81611 0(303)920-1123 EXHIBIT A ADJACENT PROPERTY OWNERS East 15 feet of Lot L, all of Lot M, Mountain States Communications, Inc and the West 10 feet of Lot N, Box E Block 79 Aspen, Colorado 81612 Lot I, Louise H. Saurel Block 73 152 E. 8] st Street New York, New York 10028 Lot 5, Chevron U.S.A. Inc. Block 73 PO Box 7611 San Francisco, California 94120 Lot I, James E. Moore and Alberta L. Moore Block 74 Box 707 Aspen, Colorado 81.612 Lots E and F, Carl R. Bergman and Catherine M. Bergman Block 80 PO Box 1365 Aspen, Colorado 81612 Lot A, The Epicurean, a Colorado limited partnership Block 87 PO Box 1912 Aspen, Colorado 81611 Lots K, L, M, N and 0, Reinhard N. Elder Block 78 202 North Monarch Aspen, Colorado 81611 Lot S, F. duPont Cornelius and Adele H. Cornelius Block 72 2435 Virgo Drive Colorado Springs, Colorado 80906 Lot A and the West 1 of Lot B, Niklaus G. Kuhn and Gertrud E. Kuhn Block 80 PO Box 8016 Aspen, Colorado 81612 East 1 of Lot B and all of Lots C and D, Svea Properties, a partnership Block 80 c/o M. J. Elisha 315 E. Main Street Aspen, Colorado 81611 Lots G, H and I, Svea Properties, a partnership Block 80 c/o M. J. Elisha 315 E. Main Street Aspen, Colorado 81611 Lot K and the West 11 of Lot L, Carl R. Bergman and Catherine M. Bergman Block 79 PO Box 1365 Aspen, Colorado Unit , See attached list of unit owners THE JEROME PROFESSIONAL BUILDING, according to the Condominium Map thereof filed with the Clerk and Recorder of the County of Pitkin, Colorado, in Map Book 9 at Pages 72, 73 and 74, and according to the Condo- minium Declaration filed with the Clerk and Recorder of Pitkin County, Colorado in Book 390 at Page 95 and Amended Condominium Declaration recorded in Book 393 at Page 773. • JEROME PROFESSIONAL BUILDING Unit 2J Richard H. Cassens and Carol S. Cassens 31645 South Canyon Circle Evergreen Colorado 80439 Unit 2K Frank X. Taverna 201 North Mill Street Aspen, Colorado 81611 Unit lA Wayne S. Harris 201 North Mill Street Aspen, Colorado 81611 Unit 1B Karl G. Larson and Madeleine Larson 2425 South 162nd Street New Berlin, Wisconsin 53151 Unit 1D Larry Lightner 201 North Mill Aspen, Colorado 81611 Unit lE Larry Lightner 201 North Mill Aspen, Colorado 81611 Unit 1F Rocky Mountain Equity & Mortgage Box 11689 Aspen, Colorado 81612 Unit 1G J. D. Muller PO Box 4361 Aspen, Colorado 81612 Unit 1H Joseph E. Edwards, Jr. 201 North Mill Aspen, Colorado 81612 Unit lI Joseph E. Edwards, Jr. 201 North Mill Aspen, Colorado 81612 Unit 2A , 2B and 2C Jeffrey H. Sachs 201 North Mill Aspen, Colorado 81611 Unit 2D and 2E Jon David Seigle 201 North Mill Aspen, Colorado 81611 Unit 2F and 2G Herbert S. Klein and Marsha L. Klein 201 North Mill Aspen, Colorado 81611 a EXHIBIT A CONTINUED Units 1, 2, 101, 102, 103, 201, 201 A, 202 and 203, MILL & MAIN COMMERCIAL CONDOMINIUMS, as defined and described in the Condominium Declaration for Mill & Main Commercial Condominium recorded in Book 348 at Page 87 and according to the Plat thereof recorded in Plat Book 6 at Page 106-108. Owner: Lewis I. Schainack 3805 Sandune Lane Corona Del Mar, California 92605 SUPPLEMENTAL OWNLRSH I P AND ADJACENT OWNL-RS'H I P REPORT Order RolerenceNo. 69 FE.L : $1-00.00 THE COMPANY hereby certifies that from a search of the company ' s property account (compiled from records contained in the Pitkin County Cler< and Recorder ' s Office ) that the re-dr property cescribed below is vestea of record as of the date of this report in the name of : RECORD VESTING : JOHN F. CI I.?LORE ADDRESS : Box J Hotel Jerome Aspen, Colorado 81011 DESCRIPTION OF REAL PROPERTY : Lots A, B, C, 0, F., F, C, H, I. , 0, I', C, K, S mnd the Fast 20 fret of Lot N, Block 79, City and Towsite of Aspen , logether wifli : he vacated East 100 feet of the alley in said Block 79, County of I'itkin , State of Colorado /WITHIN 300 FEET THE FOLLOWING DESCRIBED REAL PROPERTIES APPEAR TO BEXk04X1X OF T2 THE REAL PROPERTY ABOVE DESCRIBED, AND ARE VESTED OF RECORD IN THE NAME(S) SET FORTH IMMEDIATELY FOLLOWING EACH DESCRIPTION : DESCRIPTION OF ADJACENT REAL PROPERTY : The real property and record ownership vestin„s previously reported, together with the attached EXHIBIT A RECORD VESTING : ADDRESS : DESCRIPTION OF ADJACENT REAL PROPERTY : RECORD VESTING : ADDRESS : THIS REPORT IS NOT A TITLE POLICY, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, NOR AN ABSTRACT OF TITLE, AND IS ISSUED WITH THE UNDERSTANDING THAT ALTHOUGH WE BELIEVE THE INFORMATION SET FORTH HEREIN TO BE ACCURATE, THE COMPANY ASSUMES NOR WILL IT BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ACCOUNT OF ANY INCOMPLETENESS OR ERROR IN THE INFORMATION CON- TAINED HEREIN, EXCEPT TO THE EXTENT OF THE FEE PAID HEREUNDER . SHOULD LIABILITY FOR THE INFORMATION BE DESIRED, THEN PLEASE MAKE APPLICATION FOR THE APPROPRIATE TITLE INSURANCE POLICY OR GUAR- ANTY , At: L EFFECTIVE DATE: AUGUST 16 , 1982 i 10 BY • illititasalp, . --- UNDERWRITTEN BY SAFECO TITLE INSURANCI COMPANY �R�Gy TRLf INSURANCE 8 REAL ESTATE CIGSPTG u Y nn •'•' .5 0 1 E n°. f f . _. - ,. • . . dui gPS.DO 8iw, 1 H C"s031920-1123 EXHIBIT A Lots A and B, Block 72 John Healy 2129 North Corona Street Colorado Springs, CO 80907 Lots C, D, E and F, Block 72 Ferenc & Merte Berko 20 Bo:: 360 ?ashen CO 81612 Lots G, II and I, Block 72 Mau Enid Light NUI Basel.ine Rd. Boulder, CO 80302 Lots N, 0, P and Q, Block 72 Willi.un G. Brumder Trustee 2054 First Wisconsin Trust Co. 9ilwaukee, Wisconsin 53201 Lots R and S, Block 72 F. Dupont & Adele H. Cornelius 2435 Virgo Dr. Colorado Springs, CO 80906 Lots A and B, Block 73 Methodist Church 114 Aspen St. Aspen, CO 81611 Lots C and D, Block 73 Mary Fshbaugh Hayes Trustee Under Hayes Trust PO Box 497 Aspen, CO 81612 Lots F., F, and G, Block 73 Vwnik IL Crosby & Rosa Gettman 325 South Forest St. Denver, CO 80222 Lots II and I , Block 73 Louise H. Saurel 152 East 81st St. New York, New York 10028 Lot K, Block 73 John R. David & Kitty 1'. Sherwin 154 Mass Hill Rd. Jamacia Plain, Massachusetts 02130 Lots L and M, Block 73 'Cerese Louise David 202 East Main St. Aspen, CO 81611 Lots N and 0, Block 73 Ethel McCabe and Fred Pearce PO Box 531 Aspen, CO 81612 Lots P and Q, Block 73 flans B. Cantrup PO Box 388 Aspen, CO 81612 EXHIBIT A CONT1NlIFH Lots R and S, Block 73 Chevron U.S.A. Inc. PO Box 7611 San Fransico, Calif. 94120 Lots A, B, and C, Block 74 Claud, M. & Claudine M. Conner PO Box 345 Aspen, CO 81612 Lots 0 and E, Block 74 Katharine Thalberg 221 K. Main St. Aspen, CO 81611 Lots F, G, H and I, Block 74 James F. & Alberta L. Moore PU Box 707 Aspen, CO 81612 Lot K and L, Block 74 Matthew E. Carolyn S. Bucksbaum 660 - 59th St. Iles Moines, Iowa 50312 Lot M, Block 74 Duane & Margaret Johnson lil6 B. Cinnabar Ave. Phoenix, Arizona 85020 Lots N, 0, P and Q, Block 74 Elizabeth Marie Jones 20 Box P Aspen, CO 81612 Lots R and S, Block 74 The Forge Partnership, a Colorado general partnership PO Box 3159 Aspen, CO 81612 So. 62 ft. Lots A, B and C, Block 78 Philip R & Patricia H. Hodgson 212 N. Monarch St. Aspen, CO 81611 Lots D, E, F, G, H and I , Block 78 Aspen Savings and Loan Association PO Box 8207 Aspen, CO 81612 Lot K, Block 80 William L. & Florence R. Beaumont Box 4699 Incline Valley, Nevada 89450 Lot L, Block 80 Deborah L. Seguin Apt. #112 8331 Fredericksburg Rd. San Antonio, TX 78229 Lots M and N, Block 80 to Cecina, Inc. Box 4010 Aspen, CO 81612 Lot 0, Block 80 Duane R. & Margaret W. Johnson 1116 Cinnabar Ave. Phoenix, Arizona 85020 EXHIBIT A CONTINUED Lots P , Q, R and S, Block 80 Edwin F. Gordon and Frank J. Woods III 601 East Hyman Ave. Aspen, CO 81611. Lots A, B, C, D and E, Block 86 County of Pitkin Lots L, M, N, 0, P, Q, R and 5, Block 86 First Aspen Corporation PO Box 3318 Aspen, CO 81612 Lots A, B and C, Block 87 Epicurean, a Colorado limited partnership PO Ba ; 1912 Aspen, CO 81612 Lot D, Block 87 George S Terry Parry 825 Bonita Dr. Aspen, CO 81611 Lots E, F, G, H and I, Block 87 Jesse J. & Esther Maddalone PO Box 506 Aspen, 10 81612 Lot K, Block 87 >1 ,6 W Associates, a Colorado p,eneral partnership 434 East Cooper St. Aspen, CO 81611 Lots L, M and N, Block 87 Marjorie. P. Jenkinson PO Box 483 Aspen, CO 81612 Lots 0, P, Q and R, Block 87 County of Pitkin Lot S, Block 87 Harold & Leo Rawland I'0 Box 502 Aspen, CO 81612 MONARCH NORTH CONDOMINIUMS Unit 1 and 2 J . R. Addis PO Box 4707 Aspen, CO 81611