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Home My WebLink AboutLand Use Case.220 E Main St.0030.2010.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2010.ASLU PARCEL ID NUMBER 2737 07320 707 PROJECTS ADDRESS 220 E. MAIN STREET PLANNER DREW ALEXANDER CASE DESCRIPTION INSUBSTANTIAL PUD AMENDMENT REPRESENTATIVE SUNNY VANN DATE OF FINAL ACTION 7.6.10 CLOSED BY ANGELA SCOREY ON: 7.22.10 1~re.~/ *~ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) E ~0.llY~ J~ 1 ~~~~A ~r~yf'2~-~ (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. _d ~~1 s~ Signature The fore oing "Affidavit of Notice" was acknowled d before me this 7 Zday of , 204Q, by WITNESS MY HAND AND My commission expires: ~~~• Notary Public ATTACHMENTS: COPY OF THE PUBLICATION ~O~illbn E1gIIN s,, "~ t... 273'1 rU'1- 3 ~ 2 0 - ~ 0'1 fX~3D - 2D 1 O • l~ L-N Elk EdK @e[artl tl~p+y~ Farm Rapor~ ForTpst Iab F1e~P i 0 ~ -x.-° ~ ~,,.3a~ ` ~' ~:. ~.,~ ~.: ~s ~! ;. 4 'v UB ~ ~.~ ~ t~?Fta,1 • ,~~, .' i ~' ~ ~'.. 4 E JEROME INSUBSTANTIAL PW ~ ~ k t~ . NV VANN 825 X58 ('~.~"""'IQyyy~ 2!1011 ' OMMr LYtfkM. Ob£VENTURES, LLC ~, ... HYt ~.~ ~K?.OO fi0661 ~'~ pVar (3127 542-1030 AddrMa Appkarlt ®Ov-w u appfeant7 . ^ Conbaelor u appicarY? Last flelne .IEROME VENTURES, LLC -~~. FYSR name ~ 40 W MADISON (..: Phone (372) 542-1030 Cwt i ~gb27 ~ F11CAG0 IL 60667 Addres I'.. ''. Lender Last name Fvst name Phone ( ) - Address ~ .~ [ ooh ~~ ~ 2182 ~ `L~~ Ce~ oY. PS-~w,,..k- ~ 'l 3 s' - W ~k 5~ ~- . S 273'1-0~-3-20 -`707 p0?~J•2olo•.A~~U Eue Etd~ Blued 6la'+4~ Fgm Reports Format Iab ~~P E OB ~ -X -" M '~.:~~ i ~'J ~ ~ ,~ ~ - i ~4 4 D D0 ~ I~ ~- ]N!r!P 1 - ~ ~ f ~' ~ ~' a- Land Use 611 ~ `' OTEL ,~ROMEINSUBSTAMIAL PUD AMENDMENT r,e---~ NY VANN 925 6956 CIpL1t ~9 DeYS Q Elgli"Mf M 2!2011 '..~ . w~- =A I ora>w ~ naala EROME VENTURES, LLC '- • • First naala ~~ 40 W MADISON CHICAGO IL 60661 plane 312) 542-1030 ~~ AppYcant 0 Owns is applicant? ^ Conuacta is appicant? Las[ name EROME VENTURES, LLC '.. ~ ~ • Fist rome ~~ 540 W MADISON i, , --^~ CHICAGO IL 60661 1. ,. phone (312)542-1030 CustO 6627 "'I Addrass ~ ~ Lender Last name First name Phme ~~ Address v~ DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the CiTy of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-yeaz vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. ~ Owner's Name Address and Telephone Number Jerome Ventures, LLC, 540 West Madison, Chicago, Illinois 60661, Legal Description and Street Address of Subject Property • Hotel Jerome -Subdivision: City and Townsite of Aspen, Block: 79 Lot: A and Lot: Thru I, and Lots O Thru S & E, 20 FT OF LOT N, commonly known as 330 East Main Street. • Cortina Lodge -Subdivision: City and Townsite of Aspen, Block: 73 Lot: P And: Lot: Q, commonly known as 220 East Main Street. Written Description of the Site Spe Insubstantial Amendment to No. 42, Series of 2006). Sc Plan and/or Attachment Describing Plan approved PUD plan Ordinance Land Use 1 Received and Dates (Attach Final Ordinances or Administrative approval by the Community Development Director for an Insubstantial Amendment to the Hotel Jerome Planned Unit Development for the creation of phased development, thus allowing the Cortina Lodge renovation and reconfiguration to occur prior to the Hotel Jerome component. Effective Date of Devi July 11 , 2010 Order (Same as date of publication of notice of a Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen Municipal Code.) July 11 , 2013 ~~x of J~ ly, 2010, by the City of Aspen Community Development Director. Chris Development Director .,, ''•, ~~, NOTICE OF APPROVAL For an Insubstantial Planned Unit Development (PUD) Amendment for the Hotel Jerome, to allow for a phased development plan in order to initiate the Cortina Lodge renovation, located at 220 East Main Street. Parcel ID No. 2737-07-3-20-707 APPLICANT: Jerome Ventures, LLC REPRESENTATIVE: Sunny Vann of Vann Associates, LLC SITE & SUBJECT OF AMENDMENT: The Cortina Lodge ("Cortina"), a Planned Unit Development, City and Townsite of Aspen, Pitkin County, Colorado, commonly known as 220 East Main Street. The Cortina Lodge affordable housing renovation was approved through Ordinance No. 42, Series of 2006, which also granted a renovation and expansion of the Hotel Jerome. Additional approvals related to this site specific development plan include: • The PUD agreement ("Agreement") recorded in January of 2007; • Resolution No. 37, Series of 2006 -Historic Preservation Commission final development plan approval; and • Resolution No. 6, Series of 2006 -Historic Preservation Commission Minor Development approval for the Cortina Lodge. REVIEW PROCEDURE: The Community Development Department may approve, approve with conditions, or deny an insubstantial amendment to an approved PUD pursuant to Land Use Code Section 26.445.100, Planned Unit Development (PUD). SUMMARY: On behalf of Jerome Ventures, LLC, Sunny Vann of Vann Associates, LLC has applied for an Insubstantial Amendment to the approved Hotel Jerome Planned Unit Development for the purpose of initiating the Cortina Lodge affordable housing renovation. The original approvals, including the Agreement (recorded in January of 2007) did not establish a phasing plan for the redevelopment. The Applicant seeks to amend the PUD, thus allowing construction on the Cortina Lodge component prior to beginning the renovation to the Hotel Jerome. The Hotel Jerome renovation and expansion is Page lof5 ~..., dependent upon two items within the Agreement that must first be satisfied by the Cortina. These include: • A deed restriction and a Certificate of Occupancy for the Cortina; and • Submission of an application for Historic Landmark Designation for the Cortina Lodge STAFF EVALUATION: The approvals for the Hotel Jerome and Cortina were not acted upon in the timeframe that was initially envisioned. The work was never initiated and the ownership of the property was transferred. Building permit materials, including azchitectural drawings, were the only items completed prior to the vested rights expiring in January of 2010. The owners of the property would like to begin work on the Cortina Lodge, in accordance with those approvals granted in 2006 and 2007. This amendment would allow them to do so, while keeping the Hotel Jerome component dormant. Staff finds this approach reasonable given Applicant's commitment to satisfy those requirements found within the Agreement. Atwo-phased process would be created: - Phase I: Cortina Lodge Component, permitting a renovation (both interior and exterior) and reconfiguration of the Lodge. The exterior changes have been approved through Resolution No. 6, Series of 2006 by the Historic Preservation Commission. Four studio units and four dormitory units will replace the existing affordable housing configuration and the Cortina will be credited with housing 21 employees on-site. The Certificate of Occupancy and deed restriction for this phase must be finalized prior to a Certificate of Occupancy being issued for Phase II. - Phase II: Hotel Jerome Component, to be developed in accordance with those approvals and conditions found within the final development plan approval (Ord. No. 42, Series of 2006) and the 2007 Hotel Jerome PUD Agreement. Prior to receiving a building permit for this phase, the Applicant is required to submit for a Historic Landmark Designation for the Cortina Lodge. The impact fees for the Cortina Lodge and Hotel Jerome Renovation have been discussed by Staff. All zoning impact fees aze assessed upon new net leasable azea, or new bedrooms (not new beds). The scope of work for the Cortina includes a reconfiguration of the affordable housing. There will be a conversion of the existing two bedroom units into a dormitory category of occupancy with two beds in each bedroom. Therefore, Phase I does not include any new additional bedrooms, and no fees will be assessed for this phase. The Hotel Jerome, Phase II, will have Pazks Development and TDM/Air Quality fees assessed prior to building permit issuance due to an increase in net leasable space. Page 2of 5 :, DECISION: The Community Development Director fords the Insubstantial PUD Amendment for the Hotel Jerome and Cortina Lodge to be consistent with the review criteria (Exhibit A) and thereby, APPROVES the amendment as specified below. The approved Insubstantial PUD Amendment for the Hotel Jerome allows for a phased development plan and the initiation of the Cortina Lodge renovation. Date Attachments: Exhibit A -Review Standazds Exhibit B -Existing and proposed floor plans for the Cortina Lodge Page 3of 5 Community Development Director ~~. ,~ Exhibit A Hotel Jerome/Cortina Lodge Insubstantial PUD Amendment: Sec. 26.445.100.A An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Duector. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development Staff finding: This PUD Amendment will not alter the use of chazacter of the Cortina Lodge or Hotel Jerome. Adherence will be maintained to prior approvals (including those from the Historic Preservation Commission) that dictated the materials and appeazance of the buildings. This plan allows for the bifurcation of the approved development for the Hotel Jerome and Cortina Lodge. Staff finds this criterion met. 2. An increase by greater than three (3) percent in the overall coverage of structures on the land Staff fmdin¢: Not applicable. 3. Any amendment that substantially increases trip generation rates of the proposed development, or the demand for public facilities. Staff findin¢: Not applicable. 4. A reduction by greater than three (3) percent of the approved open space. Staff findin¢: Not applicable. 5. A reduction by greater than one (I) percent of the off-street parking and loading space. Staff findine: Not applicable. 6. A reduction in required pavement widths or rights-of--way for streets and easements. Staff finding: Not applicable. Page 4of 5 .., ~~ 7. An increase of greater than two (2) percent in the approved gross leasable floor area of commercial buildings. Staff finding: The increase of gross net leasable azea in the Hotel Jerome was approved through Ordinance No. 42, Series of 2006. Staff fmds this criterion met. 8. An increase by greater than one (1) percent in the approved residential density of the development. Staff finding: Not applicable. 9. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Staff finding: This plan is not inconsistent with the project's original approval and does not require a variance from the projects dimensional requirements. Staff finds this criterion met. Page Sof 5 r L_ THE CITY OF ASPEN Land Use Application Determination of Completeness Date: June 23, 2010 Deaz City of Aspen Land Use Review Applicant, ...,, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0030 2010 ASLU - 220 E. Main, Hotel Jerome -PUD Amendment. The planner assigned to this case is Drew Alexander. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessazy by the Community Development Department. Please contact me at 429-2759 if you have any questions. Th You, V~ Jennifer Phe Deputy Director City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD_ COWOP Yes No X Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No~ Commercial E.P.F. ~.~. VANN ASSOCIATES, LLC Planning Consultants June 16, 2010 RE~E~~E p JUN 1 ~ 2010 HAND DELIVERED Ms. Sara Adams, Senior Planner Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 C~~~SNT Re: The Hotel Jerome Insubstantial PUD Amendment Dear Sara: Please consider this letter an application for an insubstantial PUD amendment for The Hotel Jerome Planned Unit Development (see Exhibit 1, Pre-Application Conference Summary, attached hereto). The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land Use Regulations (the "Regulations") by Jerome Ventures LLC (hereinafter "Appli- ,~ cant ), the owner of the property (see Exhibit 2, Title Policy). Permission for Vann Associates, LLC, Planning Consultants, to represent the Applicant is attached as Exhibit 3. Aland use application form and an application fee agreement are attached as Exhibits 4 and 5, respectively. Background In December of 2006, the City Council adopted Ordinance No. 42, Series of 2006, which amended the Hotel Jerome's prior PUD approvals. The amendment approved an extensive renovation of the existing Hotel, an expansion of its existing commercial net leasable area, the reconfiguration and renovation of its Main Street and Mill Street courtyards, and the elimination of a prior condition that a portion of its parking garage be reserved for Hotel employees. The amendment also approved the renova- tion of the existing Cortina Lodge to meet the Hotel's additional affordable housing mitigation requirements. The Historic Preservation Commission ("HPC") granted final development plan approval for the Hotel's renovation pursuant to Resolution No. 37, Series of 2006, which was also approved in December of 2006. Minor development approval for the 230 East Hopkins Ave. ~ Aspen, Colorado 81617 - 970/925-6958 ~ Fax 970/920-9310 vannassociates@comcast. net r-~ Ms. Sara Adams June 16, 2010 Page 2 ~, renovation o r A final PUD development plan and a PUD agreement (the "Agreement") for the project were recorded in January of 2007. As Article I, paragraph 1.2 of the Agreement indicates (see Exhibit 6), the 2006 amendment essentially superseded all prior land use approvals pertaining to the Hotel. The Agreement incorporated ali pertinent provisions of City Council Ordinance No. 42 and HPC Resolutions No. 6 and 37. In the event of any conflict between the Agreement and the ordinance and/or resolutions, Article II, paragraph 2.1(d) provides that the Agreement shall govern. The Hotel Jerome and Cortina Lodge were subsequently sold prior to issuance of a building permit for the project. An application for an insubstantial PUD amendment was submitted by the new owner of the Jerome in October of 2008. The amendment requested approval to convert an existing office in the Hotel to a lodge unit. The request was consistent with the Hotel's prior approvals and was granted by the Community Development Director in November of 2008 (see Exhibit 7). The Hotel Jerome and Cortina Lodge were purchased by the Applicant in December of 2009. The project's three year vested rights period expired on January 14, 2010. Proposed Amendment The Applicant wishes to proceed with the renovation and historic designation of the Cortina Lodge as provided for in the recorded PUD agreement and final PUD development plan. While the Agreement does not specifically address project phasing, Article III, paragraph 3.2(b) of the Agreement requires that a Certificate of Occupancy ("CO") be issued for the renovated Cortina Lodge prior to issuance of a CO for the renovation of the Hotel Jerome. Phasing was not addressed in the original 2006 PUD amendment application as the then owner proposed to undertake the renovation of the Ilotel and Cortina Lodge concurrently. The Applicant is presently reviewing the project's prior approvals and is in the process of determining how and when to best proceed with the hotel component. Additional information regarding the renovation of the Hotel will be provided at such time as the Applicant's plans are more fully developed. In the interim, the Applicant has determined that proceeding with the renovation of the Cortina Lodge at this time is an appropriate first step in the completion of the overall project. The Applicant wishes to submit a building permit application for the renovation of the Cortina Lodge consistent with the recorded final PUD development plan and the requirements of Article II, paragraphs 3.2 and 3.4(b) of the Agreement. Copies of ~- ~. Ms. Sara Adams June 16, 2010 Page 3 the Cortina Lodge's previously approved plans are attached as Exhibit 8. A deed restriction for the renovated Lodge will be recorded as required pursuant to paragraph 3.2(b) prior to issuance of a CO therefore. It is my understanding based on conversa- tions with APCHA's Cindy Christensen that the conveyance of an undivided 1/10 of one percent interest in the ownership of the Cortina Lodge property will not be required as provided for in paragraph 3.2(d) as recent State statutory amendments have eliminated the need for such conveyances. Pursuant to Article III, paragraph 3.7 of the Agreement, the Applicant is required to submit an application for Historic Landmark Designation of the Cortina Lodge prior to the issuance of a building permit for the renovation of the Hotel. Assuming approval of this PUD amendment, the Applicant will submit the required application prior to issuance of a building permit for the Lodge. As the attached Pre-Application Conference Summary indicates, Staff requested that the Applicant address the issue of common law vesting. The cases on common law vesting are very fact-specific, making it difficult to draw conclusions as to whether the principle might apply with respect to the proposed renovation of the Cortina Lodge. In addition, Staff and representatives of the Applicant have discussed this issue, and agree that the applicability of common law vesting is an issue that is within the jurisdiction of the courts. Given the difficulty of predicting the outcome, and the inability of the City and the Applicant to control the determination, it would not appear worthwhile to discuss mechanisms designed to try and override common law vesting. Review Requirements Pursuant to Section 26.445.100.A. of the Regulations, the Community Development Director may approve an insubstantial amendment to a final PUD development plan subject to certain requirements. The specific requirements, and the proposed amend- ment's compliance therewith, are summarized below. 1. The proposed amendment does not change the use or character of the development. The proposed amendment does not change the use or character of the develop- ment. 2. The proposed amendment does not increase overall coverage of structures on the land by greater than three (3) percent. Ms. Sara Adams June 16, 2010 Page 4 The proposed amendment does not increase the Hotel's site coverage. 3. The proposed amendment does not substantially increase trip generation rates or the demand for public facilities. The proposed amendment does not increase trip generation rates or the demand for public facilities. 4. The proposed amendment does not reduce the approved open space by greater than three (3) percent. The proposed amendment will not reduce the Hotel's approved open space. 5. The proposed amendment does not reduce the approved off-street parking and loading space by greater than one (1) percent. The proposed amendment will not reduce the Hotel's approved parking or loading space. 6. The proposed amendment does not reduce the required pavement widths or rights-of-way for streets and easements. No reductions in pavement widths or street rights-of--way aze proposed. 7. The proposed amendment does not increase the approved gross leasable floor area of commercial buildings by greater than two (2) percent. The proposed amendment does not increase the Hotel's net leasable commer- cial area. 8. The proposed amendment does not increase the approved residential density of the development by greater than one (1) percent. This criteria is not applicable as the Hotel does not contain a residential component. 9. The proposed amendment does not involve changes which are inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. Ms. Sara Adams June 16, 2010 Page 5 The proposed amendment does not involve changes that are inconsistent with the project's original approval conditions. No variation in the project's approved use or dimensional requirements is proposed. Should you have any questions, or require additional information, please do not hesitate to call. Given the ministerial nature of the requested amendment, your timely review would be sincerely appreciated. The Applicant would like to complete the renovation of the Cortina Lodge this fall if at all possible. cc: Hans Pusch, DRW Trading Group Julie Maple, Bill Poss and Associates Maria Morrow, Esq., Oates, Kenezevich, Gardenswartz & Kelly, P.C. d:\oldc\bus\city. app\app55410. ins Yours truly, ,.~. ~. EXHIBIT CfTY OF ASPEN PRE•APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, (970) 429-2776 DATE: 05.03.10 PROJECT: 220 East Main Streetl Cortina Lodge REPRESENTATIVE: Sunny Vann, land planner RE~E~VED (970)9225.6958 vannassodates(akomcast.net JUN Y 7 T~10 Julie Maple, arohiteG C~ F ASPEN (970)925-1701x204 ~~ imaole a(~billooss.com TYPE OF APPLICATION: Insubstantial PUD Amendment DESCRIPTION: Ham: City Courxil granted a Planned Unit Devebpment approval (Ord'mance No. 42 of 2006) for the Hotel Jerome and Cortina Lodge properties that inducted rehabifrtation, a desgnation application and Affordable Housing deed restriction of the Cortina property. The issuance of a building pennk for the Hotel Jerome portion of the PUD approval is contingent on the submittal of a landmark designation appfxxtion to the Cornmunily Development Departinent; and a Certificate of Occupancy for fhe Hotel Jerome portion is only pemetled otter the Cortina units are deed restricted with APCHA and a Certificate of Occupancy is granted. The vested rights Torthe project expired on January 14, 2010. Pmoosal: The applicant wants to proceed with the Cortina Lodge rehabilAation and landmark desgnation application at th's tBne. An ir>,substantial amendment to the PUD is required to isolate the approvals. Communky Developrrrent Staff requests the applkation explain the proposed phasing for the entire approval (inducting the Hotel Jerome portion) and provide a sunset date for conxran law vesting for the Hotel Jerome portion of the approval. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100 Amendment of PUD Development Order Review by: Planning Staff. Public Headng: No. Referral Agendes: none. Planning Fees: $735. Referral Agency Fees: $0. Total Deposit $735. To apply, submk the following information: 1. Proof of ownership with payment. 2. Signed fee agreement (all applications) 3. Completed City of Aspen application form (all applications). 4. Appl'H;ant's name; address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behak of the applicant 5. Street address and legal description of the parcel on which devebpment is proposed to occur, consisting of a anent certifipte from a title insurance company, or attorney I'xx'nsed to practice in the State of Cobrado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, conUacts and agreements affecting the parcel, and denronstrating the owners right to appty for the Development Application. 6. Total deposit for review of the application. ,.~- .,,. ~. 2 Copies of the complete application packet and maps. 8: An 8 tl2" by 11' vicinity map locating the parcel within the City of Aspen. 9. Sfte improvement survey including topography and vegetation sfrowing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department'd the project is determined not to warrant a survey document.) 10. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed deveopment complies with the review standards relevant to the devebpment application. Please include existing conditions as well as proposed. 11. Copies of prior approvals. 12. Applications shall be provided in paper fomrat (number of copies noted above) as well as the text only on a Compact Disk (CD). Microsoft Word fomrat is preferred. Text format easity convertible to Word is acceptable. A 3D rendering of the design proposal in SketchUp shall be included on the CD. Disclaimer. The foregoing summary is advisory in nature onty and is rwt binding on the City. The summary is based on current zceirg, which is subject to change in the future, and upon factual representations that may a may not be accurate. The summary does not create a legal or vested right .-~ 2 Lawyers Title Insurance Corporation OWNER'S POLICY SCHEDULE A 12/08/2009 10:07:56 pk PK File No.: 454-H0261384-036-MEJ Amount of Insurance: 538,000,000.00 Date of Policy: December 10, 2009 at 2:12 PM 1. Name of Insured: Jerome Ventures I.I,C, a Delaware limited liability company 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Jerome Ventures LLC, a Delaware limited liability comparry 4. The land referred to in this policy is descn'bed as follows: Policy No.: H0261384OTP See Exhibit A attached hereto and made a part hereof .,, --• Lawyers Title Insurance Corporation File No.: 454-H0261384-036-MEJ Poli No: H0261384OTP SCHEDULE A (Continued) Exhibit A PARCEL A: LOTS P AND Q, BLOCK 73, CITY AND TOWNSiTE OF ASPEN PARCEL B: A parcel of land situated in the City and Townsite of Aspen, Colorado, being all of Lots A, B, C, D, E, F, G, H, I, O, P, Q, R, S, and the East 20.00 feet of Lot N, all in Block 79, together with the East 170.00 feet of the Alley in said Block 79, Vacated by Ordinance No. 1 (Series of 1951) of the City of Aspen, Colorado, according to the Hotel Jerome Lot Line Adjustment and Subdivision Exemption Plat filed June 12, 1991 at Reception No. 331521, in Plat Book 26 at Page 52, also described as follows: Begimiing at the Southeast Corner of said Block 79 (An aluminum disk marked "16129 McBride'; thence N 75°09' 11" W 170.78 feet along the Northerly line of East Main Street to the Southwest Comer of the East 20.00 feet of Lot N; thence N 14°50'49" E 100.00 feet along the West line of the East 20.00 feet of Lot N; thence S 75°09' 11" E 0.78 feet along the South line of the Alley in said Block 79 to the West side of the Vacated portion of the Alley in said Block 79; thence N 14°50'49"E 20.39 feet along the West side of the V acated portion of the Alley in said Block 79; thence N 75°09' 11" W 101.40 feet along the North line of the Alley in said Block 79; thence N 14°50'49" E 100.00 feet along the East line of North Monarch Street to the Northwest Comer of said Block 79; thence S 75°09' 11" E 271.40 feet along the South line of East Bleeker Street to the Northeast Comer of said Block 79; thence S 14°50'49" W 119.39 feet along the W est line of North Mill Street; thence S 75°09' 1l" E 0.50 feet; thence S 14°50'49" W 100.70 feet; thence N 75°09'11" W OSO feet; thence S 14°50'49" W 0.30 feet to the point of beginning. PARCEL C: Anon-exclusive easement for purposes of maintaining two existing window wells, a portico and a stairwell to the basement of the Hote] Jerome as set forth in an encroachment agreement recorded March 5, 1992 in Book 671 at Page 33 (Affects Parcel B) and anon-exclusive easement for purposed of a drive ramp and snowmelt to parking garage as set forth in an encroachment agreement recorded October 20, 2005 as Reception No. 516494 (Affects Pazcel A). EXHIBIT Ms. Saza Adams, Senior Planner Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Permission to Represent Deaz Ms. Adams: please consider this letter authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in the processing of our application for an insub- stantial PUD amendment for the Hotel Jerome Platmed Unit Development. Mr. Vann is hereby authorized to act on our behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if we can be of any further assistance, please do not hesitate to call. Yours truly, JEROME VENTURES LLC l Donald Wilson, Manager DRW Trading Group 540 West Madison Chicago, IL G066t (312) 542-1030 Aspen, Co 81612 (970) 948-0813 d:1uWc\Das\cily.krtlu55410.sa1 ~~~. fl+,'I1.~ EXHIBIT ~/ ® ~ CI JUN 1 ~ 2010 LAND USE APPLIC~UFggp~.N ~-APPLICANT: "` ~~L~. Name: ~,/~/Te~~s t/c+c'SfTZXT~'~ GCC Location: ~ ~~ ~~~ ~, ~'~'¢~~~ ~L ~~~- (Indicate street address lot & block number legal descn ion where appropriate) ParcellD # (REQUIRED) Name: ~-'-i~ V~iS~/~ ~~/~~~~-~7~s G~ i Address: ~ ~~~~+~ ~ Gd ~~ Phone #: ZS ~~f PROJECT' Name: /~~l ~ ~J~~~ `i~~'~-~5~~~~G Address: ~-~/C~~~T' lone #: TYPE OF APPLICATION: (please ^ Conditional Use r' Special Review - _ Design Review Appeal ^ GMQS Allotment ^ GMQS Exemption ^ ESA - 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ^ Lot Split n Lot Line c all that aPP1Y)~ ^ Conceptual PUD [~ Final PUD (& PUD~ endment) ^ Conceptual SPA ^ Final SPA (& SPA Amendment) ^ Subdivision ^ Subdivision Exemption (includes condominiumization) ^ Temporary Use ^ Other: ^ Conceptual Historic Devt. ^ Final Historic Development ^ Minor Historic Devt. ^ Historic Demolition ^ Historic Designation ^ Small Lodge Conversion/ Expansion 'XISTINC CONDITIONS (description of existing buildings uses previous approvals etc.) .~~~r~ Hav you attached the following? ~~ DIJEc $ ~ + Application Conference Summary attachment #1, Signed Fee Agreement ponse to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standazds . EXHIBIT k ~ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereetttert for Payment of Citv of Aspen Develoomert Aoolkathm Fees F //~~ CITY OF ASPEN (hereinafter CITY) and ~ ~e5'r~/ c/~' w (hereinafter APPLICANT) AGREE AS FOLLOWS: CJ~/~/~/r ``/~CO I . APPLICANT has wbm'tted to CITY an tea ro f~~~/~~ ' YOF 'ZOJ~ (hereinafter, THE PROJECT). "tY`M, 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing Fees is a cond"pion precedent to a determination of application completeness. 3. APPLICANT and CITY egret that because of the sitx, ttattue or scope of the proposed project, it is not passtbk m this time to ascertain the full extent of tbe costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make ~yment of en initial deposit and to thereaRer permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accnre folbwing the'tr hearings and/or approvah. APPLICANT agree he will be benefited by retaining greater cash liquidity and will make additional payments upon norification by the CITY when they are necessary as costs are incurred. CITY agrees 'm will be benefited tlvaugh the gremcr certainty of recovering its foil costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it it impracticable for CITY staff to complete processing or preset[ wflicknt information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council ro make legally required findings for project consideration, unless current billings are paid in full prbr to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of is right to collect full fees prim to a de~ination of application completeness, APPLICANT shall pay an initial deposit in the amount of S~ which is for hours of Community Development stag time, and if actual recorded costs exceed the initia deposit, APPLICAM shell pay additional monthly billings to CITY to reimburse tbe CITY for the processing of the application mentioned above, including post approval review at a rate of 5220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees thm failure to pay such xcnaed costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bettdoa Community Development Director g:\sn ppo rt\forms\agrpayas.doc 1 tlJO/~ APPL A By Date: ',S l2y/2sto Billing Address and Tekphore Number: --~ ~l/Z~~-'~Z - /~30 ~I IIII 11 1111 53392$'' ~IYIII III~vos IINI 111111 IIII IIII~IIII IIII IIII II~ 96 ~9D200a 2.24{ 2007 HOTEL JEROME PUD AGREEMENT TffiS 2007 HOTEL JEROME PUD AGREEMENT (the "2007 PUD Agreement's is made and entered into this,3 U day of 2007, by and between THE CITY OF ASPEN, COLORADO, a municipal co ration (he einafter referred to as "City', and HOTEL JEROME, INC., a Delaware corporation (hereinafter referred to as "Owner', WITNESSETH: WHEREAS, Owner has submitted to the City an application (the "Application's for a PUD Amendment to permit the renovation of the Hotel Jerome property located at 330 East Main Street in Aspen, Colorado, said property being more particulazly described as Lots A-I and Lots O-S and the Easterly 20 feet of Lot N and the Easterly 170 feet of the vacated alley, all in Block 79, City and Townsite of Aspen, Pitkin County, Colorado (the "Hotel Jerome Propert}~'), and the renovation of the Cortina Lodge property described as Lots P and Q, Block 73, City and Townsite of Aspen, Pitkin County, Colorado (the "Cortina Lodge Propert}~~ (collectively, the "Property', which application requests the approval and recordation of a Hotel Jerome Final PUD Development Plan and related documents (collectively, the "Final PUD Development Plan'; and WHEREAS, City has fully considered the Application, the Final PUD Development Plan, the proposed development and improvement of the Property, and the effects of the proposed development and improvement of said Property on adjoining or neighboring properties and property owners and on the Aspen community; and has determined that the development proposal set forth in the Application meets or exceeds all applicable development standards and that the approval of the Application, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval of the Application and its approval and recordation of the Final PUD Development Plan, such matter5being necessary to protect, promote and enhance the public welfaze; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Application and the Final PUD Development Plan; and WHEREAS, under the authority of Sections 26.445.070.0 and 26.480.070. C and D of the Aspen Municipal Code, City is entitled to certain financial guazantees to ensure (i) that the required improvements to the public right-of--way aze installed and (ii) that the required landscaping is implemented and maintained, and Owner is prepazed to provide such guarantees as hereinafter set forth; and WHEREAS, contemporaneously with the execution and recording of this 2007 PUD Agreement, City and Owner have recorded the Final PUD Development Plan as Reception ~ IIIIIIIIIIII~IIIIIIIIIIIIIII~'IIIIIIIIIIIIIIIIIIIIIIII a 3 0908 az:z4l .1HNICE K VOS CAUDILL PITKIN CdRJTY CO R 116.00 D 0.00 No. C~~~9Z7 in the Office of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and inconsideration of the mutual covenants and agreements herein contained and the approval and acceptance for recordation by City of the Final PUD Development Plan; and for other good and valuable considerations, the receipt and sufficiency of which aze hereby acknowledged, the parties agree as follows: ARTICLE I PURPOSE AND EFFECT OF 2007 PUD AGREEMENT 1.1 Purpose. The purpose of this 2007 PUD Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with respect to the renovation of the Hotel Jerome and the Cortina Lodge and to enumerate all terms and conditions under which such renovations may occur. 1.2 Effect. It is the intent of the parties that this 2007 PUD Agreement shall effectively supersede and replace in their entirety certain previously recorded plats, PUD ageements, protective covenants, and land use approvals that encumber the Hotel Jerome Property and/or the Cortina Lodge Property, including without limitation those matters identified in Article VI below (collectively, the "Prior hLStnmments and ApprovaLs'~, and City and Owner agree to cooperate in the execution and recording of such documents as may be necessary or appropriate to accomplish the vacation and/or termination of said Prior Instruments and Approvals. The parties anticipate that these recordings will take place contemporaneouslywith the recording of the Finat PUD Development Plan. However, a delay in the recording of any -such vacation/termination documents shall not affect or delay the recording of this 2007 PUD Agreement or the Final PUD Development Plan. All prior land use approvals associated with the Hotel Jerome Property that aze not identified as Prior Instruments and Approvals in Article VI below shall remain unmodified hereby and in full force and effect. ARTICLE II ZONING AND REGULATORY APPROVALS 2.1 Approval Ordinance and Resolutions. (a) Pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11, 2006, the Aspen City Council granted final approval of a PUD Amendment for the Hotel Jerome including an extensive renovation of the existing Hotel Jerome, an expansion of the Hotel's existing net leasable commercial area, the reconfiguration and renovation of the Hotel's Main Street and Mill Street courtyazds, and the elimination of a prior condition that a portion of the Hotel's pazking gazage be reserved for Hotel employees. The PUD Amendment also approved the renovation of the existing Cortina Lodge to meet the Hotel's employee housing mitigation requirements. (b) Pursuant to Resolution No. 37 (Series of 2006) adopted on December 13; 2006, the City of Aspen Historic Preservation Commission (the "HPC'~ granted final development plan approval for the contemplated renovation of the Hotel Jerome. 2 I 1 I~H~IIIIIIII 533928 wa~<r. II~IIIIIIIII~IIIII~II'I~IIIIII'IIIIII~IIII Cln'0 R 116.009306 000 2.24E JRN (c) Pursuant to Resolution No. 6 (Series of 2006) adopted on Mazch 8, 2006, the HPC granted minor development approval for the renovation of the Cortina Lodge. (d) T11is 2007 PUD Agreement incorporates all of the pertinent provisions of Ordinance No. 42 and HPG Resolution Nos. 6 and 37. In the event of any inconsistency between the provisions of Ordinance No. 42, HPC Resolution No. 6 and/or HPC Resolution No. 37, and the provisions of this 2007 PUD Agreement, the provisions of this 2007 PUD Agreement shall control, 2.2 Dimensional Requirements for Hotel Jerome. Ordinance No. 42 established and approved the following dimensional requirements for the Hotel Jerome PUD: (a) Minimum Lot Size (b) Minimum Lot Area Per Dwelling Unit (c) Maximum Allowable Density (d) Minimum Lot Width* (e) Minimum Front Yazd Setback* (f) Minimum Side Yard Setbacks* (g) Minimum Reaz Yazd Setback* (h) Maximum Height (i) Minimum Distance Between Buildings (j) Minimum Percent Open Space* (k) Trash Access Area (1) Allowable Floor Area Commercial: Lodge Units: Other: (m) Minimum Off-Street Pazking 47,735 sq. ft. N/A-No Dwelling Units 94 Lodge Units 170 feet None None None 54 feet at Northeast Comer of Existing Building N/A-Single Struchire per Existing Conditions Per P&Z Resol. No. 8-86 114,934 sq. ft. 15,985 sq. ft. 59,214 sq. ft. 39,735 sq. ft. 47 spaces Per Land Survey Plat dated October24, 2006 to be recorded with Final PUD Development Plan 2.3 Vested Ri¢hts. Under Development Order of the City of Aspen Community Development Department issued January 5, 2007 with an effective date of January 14, 2007 {the "Development Order', the right to undertake and complete the development and use of the Hotel Jerome Property and the Cortina Lodge Property pursuant to the terms and provisions of this 2007 PUD Agreement and the Final PUD Development Plan is vested until January 14, 2010, and shall not be altered, impaired, diminished or delayed by any subsequent zoning or land use action that is prohibited by Section 2468-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 2468-103(6), a properly noticed public hearing concerning the establishment of such vested rights for the Property was conducted on December 11, 2006. As authorized by CRS Section 24-68-102(4)(a), City and Owner agree that the site specific plan for the Property consists of and includes, but is not limited to, the number, permitted size, and configuration of the Hotel's lodge units, the commercial azeas, the pazking IIIIIIVIIIIIIII~IIIIII(IIIIIIIIIIIIIIIIIIIIIIIIII 509 as J42 HNICE K VOS G7WILL PITKIN COUNTY fA R 116.00 D 0.00 spaces, and the other spaces and azeas in the Hotel Jerome; the number, permitted size, and configuration of the affordable housing units and the other spaces and areas in the Cortina Lodge; the number of employees mitigated by the Cortina Lodge; and all other matters set forth is Ordinance No. 42 (Series of 2006), HPC Resolufion Nos. 6 and 37 (Series of 2006), the Hotel Jerome Final PUD Development Plan recorded-~~jfY~ ; 2007 as Reception No. ~'S'J9P~ this 2007 Hotel Jerome PUD Agreement, and all other documents and plans recorded concurremly therewith. For purposes of this Section 2.3, this 2007 PUD Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68- . 104(2). ARTICLE III DEVELOPMENT REQUIREMENTS AND RESTRICTIONS -HOTEL JEROME 3.1 Hotel Jerome Component. The renovated Hotel Jerome will contain (i) 941odge units containing a maximum of 59, 214 square feet of floor area, calculated in accordance with the City's floor azea regulations in effect on January 5, 2007 (the date of the Development Order), which floor azea regulations are attached hereto as Exhibit A and made a part hereof by this reference (the "Floor Area Regutations'~, (ii) 14,891 squaze feet of net leasable commercial azea, (iii) 47 pazking spaces located in the Hotel garage, and (iv) various back-of--house facilities and azeas containing a maximum of 39,735 squaze feet of floor azea. The prior requirement that 27 of the Hotel's on-site pazking spaces be reserved for Hotel employees is hereby fully and forever waived and terminated. 3.2 Cortina Lodge Component. (a) The renovated Cortina Lodge will contain (i) four (4) studio units in the Lodge's one-story structlre, ranging from 264 square feet to 299 squaze feet of net livable area, (ii) four (4) two-bedroom dormitory suites with a shared bath and individual closets in the Lodge'stwo-story structure, ranging from 535 square feet to 659 squaze feet of net livable azea, and (iii) a common kitchen, dining area and laundry. The net .livable azeas set forth above aze approximations only, and the final unit sizes will be in substantial conformity therewith. City hereby approves the foregoing variation of the. Aspen/Pitldn County Housing Authority ("APCHA'~ minimum size requirements for Category 1 units. The renovated Cortina Lodge shall be credited with housing 21 employees. (b) The eight (8) affordable housing units in the Cortina Lodge (the "Affordable Housing Units' must be deed restricted to APCHA's Category 1 income and occupancy rental guidelines, and a Certificate of Occupancy must be issued therefor, before a Certificate of Occupancy will be issued for the Hotel Jerome renovation. The deed restriction will be in substantial conformity with the form of Deed Restriction attached hereto as Exhibit B and made a part hereof by this reference. The Deed Restriction provides that any units not rented to Hotel Jerome employees may be rented to any employee that qualifies under APCHA Guidelines. 4 1IIIIII VIIIIIIII~II IIIIIIIIIIII~III VIII IIII IIII 5g 0 2900 02:24F .liiRIOE K VOS CHUDILL PITKIN COUNIY CO R 116.00 D 0.00 (c) The Declazation of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 15, 1988 in Book 581 at Page 332;. Resolution No. 1 (Series of 1987) of the Aspen City Council recorded June 6, 1990 in Book 622 at Page 347; and the Amendment to Cortina Declazation of Covenants, Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373, will be deemed fully and forever term;nated upon the recording of the new Deed Restriction on the Affordable Housing Units, a copy of which is attached hereto as Exhibit B. (d) Unless a different arrangement is worked out with the City, and only to the extent necessary to comply with applicable Colorado law, at the time of recording of the deed restriction Owner will convey aone-tenth of one percent interest in the Cortina Lodge Property to APCHA. Said one-tenth of one percent interest is hereinafter refen•ed to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement of Owner and APCHA that (i) ownership of the APCHA Interest only gives APCHA the right to enforce the deed restriction on the Affordable Housing Units, and does not give APCHA any authority or rights that aze not specifically set forth in the deed restriction, (ii) in all other respects, APCHA shall be deemed to have no ownership interests, rights or responsibilities in connection with the Affordable Housing Units or the Cortina bodge Property, and the record owner of the remaining interest in the Cortina Lodge Property shall have full right and authority to lease, encumber, or otherwise deal with the Cortina Lodge Property and the Affordable Housing Units therein as if such owner held a 100 percent ownership interest therein, (iii) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and Owner (and any successor or assign of Owner in the ownership of the Cortina Lodge Property) shall indemnify APCHA and the City from and against any claims, liabilities, losses, damages, fees or expenses arising solely out of the ownership of the APCHA Interest, and (iv) the APCHA Interest will be conveyed to the then record owner of the remaining interest in the Cortina Lodge Property if and when -the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units. (e) Owner reserves the right to provide substitute affordable housing for the affordable housing being provided in the Cortina Lodge, subject to the prior approval of the City of Aspen. 3.3 Affordable Housin¢ Miii¢ation. The renovated Hotel Jerome's additional net leasable commercial azea will require affordable housing mitigation for a total of 1.42 employees, one (1) of which will be housed at the renovated Cortina Lodge. The remaining 0.42 employees will bemitigated by acash-in-lieu payment by Owner to the City prior to issuance of a Building Permit for the Hotel renovations. The amount of such payment shall be calculated based on an average of APCHA's Category 2 and Category 3 payment-in-lieu fees in effect at the time of Building Permit submittal. 3.4 Construction in Accordance with Plans and HPC Resolutions. (VIII IIIIII IIII IIIII~I~II IIIIIII III IfIII IIII II,I 5a3s O2:24F JHNICE K VOS CRUDILL PIIKIN COUNTY C0 R 116.00 D 0.00 (a) . Hotel Jerome. The Hotel Jerome renovation, and all of its component parts, shall be accomplished in substantial compliance with the Hotel Jerome Final PUD Development Plan and with all azchitectural plans and elevations, utility plans, drainage plans, and landscape plans that aze recorded contemporaneously with the recording of this 2007 PUD Agreement. In addition, the Hotel Jerome renovation shall comply with the conditions of approval set forth in HPC Resolution No. 37 (Series of 2006), to wit: (i) All replacement windows on the ground floor must be of wood. Upper floor windows aze permitted to be clad. Cut sheets must be submitted for review and approval by HPC staff and monitor. If there aze any historic windows left on the building, they must be repaired and preserved. Tinted glass is not approved for any of the window units. Detailed drawings of the window openings proposed to be restored at the sidewalk level on the east facade must be reviewed and approved by HPC staff and monitor. (ii) Awnings aze only approved for the J-Baz and "Jerome Shop" spaces. The proposed awnings must beredesigned for review and approval by HPC staff and monitor in order to more closely match the historic awnings. The awnings for the J-Baz and "Jerome Shop" will be retractable and removable. Upper awnings must bemocked-up for review and approval or denial by the HPC Boazd. HPC staff and monitor will review proposed signage. (iii) Metal balcony railings on the exterior of the building must be mocked-up for review and approval or denial by the HPC Boazd. (iv) No new column features or materials that aze inconsistent with the design of the original columns can be added. (v) The Final Lighting Plan must be reviewed and approved by HPC staff and monitor, as set forth in Section 3.8(a) below. The proposed decorative exterior light fixtures, in particulaz sconces, must be restudied to be less contemporary. The HPC Boazd supports a design competition for the pendant lamp at the Hotel entry, with the understanding that the HPC staff and monitor must still grant approval. (vi) Any historic materials must be repaired in place, and to the extent that portions of the parapet require reconstruction, it should be based on documented evidence and photographs of the original appearance. (vii) All other masonry repairs, including cleaning, repointing, application of a seater, etc., will require further information and approval by HPC staff and monitor. (viii) The sidewalk treatment must be reviewed and approved by staff and monitor. 6 I IIIIII I~Iu IIIIII f1~Il IIII (IIIIII III VIII IIII III 5339 0 8 a2:=4E 1 JRNICE K VOS CMAILL PIMIN COIFJTY CO R 116.00 D 0.00 (ix) There shall be no deviations from the exterior elevations as approved without first being reviewed and approved by HPC staff and monitor, or the full HPC Board. (x) These conditions of approval must be printed on the cover sheet of the-building_permitplan-setand all_other prints made for the purpose of construction. (b) Cortina Lodge. The Cortina Lodge renovation and reconfiguration, and all component parts thereof, shall be accomplished in substantial compliance with the architectural plans and elevations therefor that aze recorded contemporaneously with the recording of this 2007 PUD Agreement. In addition, the Cortina Lodge renovation and reconfiguration shall comply with the conditions of approval set forth in HPC Resolution No. 6 (Series of 2006), to wit: (i) Owner shall provide further information about lighting and any exterior utilities or conduit for review and approval by HPC staff and monitor before purchase or installation of same. (u) Owner shall retain existing door and window openings wherever possible, even if such openings aze made non-functional. Revisions shall be reviewed by HPC staff and monitor. (iii) Owner shall install a front door on the two-story structure and a more appropriate window on the laundry room, guided by old photographs if available. (iv) There shall be no deviations from the exterior elevations as approved without first being reviewed by HPC staff and monitor, or by the full HPC boazd. (v) These conditions of approval shall be printed on the cover sheet of the building permit plan set and on-all other prints made for the purpose of construction. (vi) Owner shall provide the contractor with a copy of HPC Resolution No. 6 (Series of 2006), and the contractor shall submit a letter addressed to HPC staff as part of the building permit application indicating that all conditions of approval contained in said Resolution aze lmown and understood. The contractor shall also meet with the Historic Preservation Officer prior to applying for the building permit 3.5 Guest Transportation. Owner shall provide transportation within the City of Aspen and Aspen airport pickup and delivery for the guests of the Hotel Jerome. Any vehicle owned, possessed or operated for such purpose by Owner shall be stored in the Hotel's underground garage when not in operation. 3.6 Inventory and Treatment of Interior Features of Hotel Jerome. (a) Prior to or contemporaneously with submittal of an application for a building permit for the Hotel Jerome renovation, Owner shall submit to the Historic • .~ III~IIII~II~IIIIIIIIIIIIIIIII IIIIIIIIIIII~IIIIIIII 53 ®9a8 a2:~4~ JRNICE K VOS CiKAILL PITKIN COUHrY CO R 116.00 D 0.00 Preservation Officer a written inventory of all origuJal features existing within those interior azeas of the Hotel Jerome that aze customazily open to the public, or where the public is typically irlvifed. The inventory must be accompanied by current photographs, and copies of any photographs of the interior of the Hotel Jerome available from the Aspen Historical Society Archives. (b) The City's Historic Preservation Officer shall review the inventory and shall verify the completeness thereof. Any overlooked elements that can be documented as original shall be added to the inventory. The inventory shall also identify the proposed treatment of the items on the inventory. To the extent there is any disagreement between Owner and the Historic Preservation Officer,. the Owner may appeal the matter to the City Manager. The City Manager's decision in the matter shall be final, unless such decision is appealed by the Owner to the City Council, which body shall then conduct a de novo review of the issue. (c) Once the proposed treatment is mutually agreed upon by City and Owner, no changes in treatment shall be allowed without the prior consent of the Historic Preservation Officer, subject to the appeal rights of Owner described in Section 3.6(b) above. 3.7 Cortina Lodge Historic Landmark Designation. Before a building permit is issued for the renovation of the Hotel Jerome, Owner shall submit to the HPC an application for Historic Landmark Designation for the Cortina Lodge pursuant to Section 26.415.030.B oftYle Aspen Municipal Code, "Criteria for Listing on Aspen Inventory of Historic Landmark Sites and Structures". 3.8 Hotel Jerome Landscape Imurovements. (a) Owner shall record a Conceptual Landscape Plan for the Hotel Jerome Property as part of the Final PUD Development Plan, and shall submit a Final Landscape Plan for the Hotel Jerome Property for review and approval by the City Parks Department and the HPC staff and monitor prior to issuance of a building permit for the Hotel renovation (the "Final Landscape Plan'. Owner shall be responsible for implementing the Final Landscape Plan, and landscaping improvements shall be accomplished as subdivision improvements in accordance with Article N of this 2007 PUD Agreement (b)-All-landscaping in the public right-of-way shall meet the requirements set forth in Municipal Code Chapter 21.20, Trees and Landscaping on Public Right-of--Way, and shall be approved by the City Pazks Department prior to installation. Before installing any landscaping or other improvements in the public right-of--way, Owner shall obtain a Revocable Encroachment License (in the event required) from the City Engineering Department (c) Owner shall obtain a tree removal pemut from the Parks Department and pay the applicable tree removal fee (in the event required) prior to issuance of a building N IN~ '' ~I p -~, i IIIIII VIII IIIIII III IIIIII IIII II IIIIIII IIII IAN 01~/ 0 20007 02:24F ~ JiiI1ICE K VOS CNUDILL PITKIN-COUNTY CO R 116.00 D 0.00 _, pemut for the Hotel renovation. The permit shall be submitted with the building permit application. (d) Owner shall install tree saving construction fences around the drip line of any trees to be saved on the Hotel Jerome Property as approved by the Pazks Department -._. __-- -The Parks Department musE_inspectand_approvexhe fence location before any construction activities commence. No storage of materials, stooge of construction equipment, construction backfill, or foot or vehiculaz traffic shall be allowed within the fenced drip line. Any work and/or minor excavation for the installation of additional landscaping, property fences and surface materials located within the drip line protection zone will be required to be-hand excavation only with no over digging. All work within the drip line requires oversight from the Parks Department for approval of soil amendments, root pruning and grade changes. Excavations outside of the tree protection zone shall address tree and root protection in the following way: All roots shall be cut prior to full excavation using a clean sharp pruning saw; all roots will be cut flush with 'the exposed soil line; six inches of mulch is required to be placed within the zone of vegetation protection and maintained at a level of six inches during the entire project; irrigation of trees is required throughout the entire duration of the project with the contractor supplying water to the trees at a rate which is appropriate for proper health. burlap shall be placed over the edge of the excavation covering all freshly cut roots; contractor will irrigate the burlap with an appropriate amount of water in order to keep the burlap-moist, preventing the ends of the roots from drying out. 3.9 Utilities- (a) Owner shall comply with the City of Aspen Water System Standazds, with Title 25, and with applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City Water Department. (b) Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No cleaz water connections (roof, foundation, perimeter drains) shall be allowed to ACSD lines. A completed tap permit for service with the District shall be submitted with the building permit application for the Hotel renovation. (c) Owner shall comply with all Fue Marshal requirements in connection with the Hotel renovation. 3.10 Eneineerin¢ Requirements and Conditions- (a) No construction material or dumpsters shall be stored on the public rights- of-way unless a temporary encroachment license is obtained from the City Engineer. (b) Owner shall submit a construction management plan to the City Engineering Departnent with the building permit application for the Hotel renovation, and shall abide by any additional construction management requirements in effect when 9 IIIIIIIIIIIIIIIIIIni IIIIIIIIIIIIIIIII 111 „I.II III III ~1~30~2087f 02324E ~ JRNICE K VOS CMAILL PITKIN COUNTY CO R 116.00 D 0.00 the building permit application is filed. The management plan shall include a noise, fugitive dust control, and construction traffic and construction pazking management plan which address, at a minimum, the following issues: (i) A fugitive dust control plan including proposed construction fencing, watering of haul roads and disturbed azeas, daily cleaning of adjacent paved roads, construction speed limits, and other measures necessary to prevent windblown dust from crossing the property line. (ii) A description of construction debris hauling routes and associated impacts on adjoining streets; and (iii) Construction pazking mitigation Except for essential trade trucks, no other personal trucks shall be pazked in the azea around the site. The City encourages that site workers be shuttled in from the airport pazking area. (iv) Owner shall not track mud onto City streets during construction. A washed rock or other style mud rack must be installed during construction (v) Owner shall abide by all noise ordinances. Construction activity is limited to the hours between 7:00 a.m. and 7:00 p.m. on Monday through Saturday. 3.11 Air Ouality Impact Fee. Before a building permit is issued for the Hotel renovation, Owner shall pay to the City an Air Quality Impact Fee in an amount calculated in accordance with the regulations in effect at the time of building permit submittal. 3.12 Park Development Impact Fee. Before a building permit is issued for the Hotel renovation, Owner shall pay to the City a Pazk Development Impact Fee in an amount calculated in accordance with the methodology and fee schedule in effect at the time of building permit submittal. No new bedrooms or commercial space are being created at the Cortina Lodge, hence no Pazk Development Impact Fee is due and payable in connection with that project. 3.13 School Land Dedication Fee. No School Land Dedication Fee is required for either the Hotel renovation or the Cortina Lodge renovation, as no subdivision of either Property is occurring or approved. 3.14 Exterior Li¢htin¢. All exterior lighting within the Hotel Jerome Property shall comply with Section 26.575.150, Outdoor Lighting, of the Aspen Municipal Code unless otherwise exempted by the Community Development Director. A Lighting Plan shall be submitted for review and approval by the HPC Monitor prior to issuance of a building permit for the Hotel renovation. 3.15 B_nildins Permit Matters. Prior to issuance of a building permit for the Hotel renovation, the following shall occur: 10 (HIIII II~II IIII IIII~ IIII IIIIIII III II~~ III IIII 53 0g e1 °`023z,~ JRNICE-K VOS CRLAILL PITKIN COUNIY rA R 116.00 D 0.00 (a) The primary contractor shall submit a letter to the Community Development Director and to HPC staff stating that the conditions of approval of the Hotel renovation have been read and understood including, without limitation, the conditions set forth in HPC Resolution No. 37 (Series of 200, and must meet with the Historic Preservation Officer before submitting the building permit application. (b) The primary contractor and/or superintendent shall obtain a specialty license in historic preservation, (c) . All tap fees, impact fees, housing fees and building permit fees shall be paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact fee is finalized, those fees shall be payable according to the agreement. (d) Prior to any demolition, Owner shall complete the Building Department's asbestos checklist and, if necessary, a person licensed by the State-of Colorado to perform asbestos inspections shall conduct an inspection. The Building Department cannot sign any building permits until submittal of this report. If there is a finding of no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must be retained to remove it. ARTICLE IV A. HOTEL JEROME LANDSCAPING IIVIPROVEMENTS Owner shall complete the landscaping of the Hotel Property and of the adjoining publicright-of-way in accordance with the Final Landscape Plan referred to in Section 3.8(a) above, no later than six (~ months following the issuance of a Certificate of Occupancy for the Hotel renovation. Owner shall be responsible for enc~rring the success of all landscaping installed Pursuant to the Final Landscape Plan for a period of two (2) yeazs following the date of installation, and shall replace any landscaping that fails during such two (2) yeaz period. Owner or it successors or assigns shall have the right to plant additional native vegetation within the Hotel Property, as it may consider appropriate from time to time, without further approvals being required. Before a building permit is issued for the renovation, Owner shall provide the City Engineering Department and the City Pazks Department with a cost estimate for the proposed landscaping improvements . (including two (2) yeazs of maintenance thereof) prepazed by a landscaping contractor licensed in the State of Colorado, and the Engineering Department shall approve the cost estimate. B. FINANCIAL ASSURANCES In order to ensure construction and installation of the landscaping improvements described in Section A above, and to guarantee 125 percent of the approved estimated cost of the landscaping improvement (including two (2) years of maintenance thereof), Owner shall provide to the City an irrevocable letter of credit from a financially responsible.lender in the amount of the approved estimated cost of such landscaping improvements. Said letter of credit shall be provided to the City prior to the issuance of a building permit for the Hotel renovation, shall be I1 I N _~ I (VIII VIII IIIIII IIII IIIII'~IIIIII III IIIIII III IIII 53 es 0$f02324F JfWICE K VOS CpIAILL PITRIN COUNTY CO R 116.00 D 0.00 in a form reasonably acceptable to the City Attorney and the City Manager, and shall give the City the unconditional right, upon default liy Owner, to draw funds as necessary and upon demand to partially or fully complete and/or pay for any of such improvements or pay any outstanding and delinquent bills for work done thereon by any parry, with any excess letter of credit amount to be applied first to additional administrative or legal costs associated with any such default and the repair or deterioration in improvements akeady constructed before the unused remainder, if any, of such letter of credit is released to Owner. Provided, however, that Owner shall be given fourteen (14) days' written notice of default (and the right to cure during said period) prior to the City's ability to make a draw under the letter of credit Notwithstaudingthe foregoing, delays or other problems resulting from acts of God or other events beyond the reasonable control of Owner shall not constitute a default hereunder so long as a good faith effort is being made to remedy the problem and the problem is in fact resolved within a reasonable period of time following its occurrence. As portions of the improvements required are completed, the City Engineer shall inspect them, and upon approval and written acceptance, he shall authorize a reduction in the outstanding amount of the letter of credit equal to the agreed estimated cost for the completed portion of the improvements; provided, however, that twenty-five percent (25%) of the estimated cost thereof shall be retained until the landscaping improvements have been maintained in a satisfactory condition for two (2) years. It is the express understanding of the parties that compliance with the procedures set forth in Article V below pertaining to defaults under and amendments to this 2007 PUD Agreement shall not be required with respect to the enforcement and implementation of these financial assurances and guarantees to be provided by Owner as set forth above. ARTICLE V NON-COMPLLANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City Council determines that Ownet is not acting in substantial compliance with the terms of this 2007 PUD Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and asking that Owner remedy the alleged non- compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that Owner has not complied within such time, the City Council may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Owner may file with the City Council either a notice advising the Ciry Council that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this 2007 PUD Ageement should be granted with respect to any such non-compliance which is detemmned to exist. 12 I IIIIII VIII IIi~II IIIIII II~~IIIII III IIIIII III IIII 53 ag a 8f0~z~ JRNICE K VOS CRUDILLPIIRIN COUNTY CO R 116,00 D 0.00 Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order ofnon-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council foi other hearings. ff the City Council. determines by a preponderance of the evidence that anon-compliance exists which has not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of pemuts and/or certificate of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this 2007 PUD Agreement as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI PRIOR INSTRUMENTS AND APPROVALS 6.1 Amended and Restated Planned Unit Development Agreement -Hotel Jerome - Renovationand Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception No. 281483. 6.2 Supplemental PUD Agreement -Hotel Jerome recorded June 12, 1991 in Book 648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952 as Reception No. 334427. 6.3 Amended and Restated Planned Unit Development Plat -Hotel Jerome - recorded September 15, 1986 in Plat Book 19 at Pag~ and related drawings recorded contemporaneously therewith. 6.4 Second Amendment to Amended and Restated Planned Unit Development Plat - Hotel Jerome -recorded July 1, 1991 in Plat Book 26 at Page 89. 6.5 Ordinance No. 70 (Series of 1990) of the Aspen City Council, amending the Final PUD Development Plan for the Hotel Jerome. 6.6 Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031. 6.7 Amendment to Cortina Declazation of Covenants, Restrictions and Conditions recorded Tune 12, 1991 in Book 648 at Page 373 as Reception No. 333507_ 6.8 Resolution No. 1 (Series of 1987) of the Aspen City Council, granting substitution of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units, recorded June 6, 1990 in Book 622 at Page 347 as Reception No. 323313. 13 -~.. ~' IIIIIN111111NIIillll1111~1111111111111111111111111110 X09 ®8fez =4F ~~TY CD R 116.00 D .0.00 ARTICLE VII GENERAL PROVISIONS 7.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 7.2 This 2007 PUD Agreement shall be subject to and conshved in accordance with the laws of the State of Colorado. 7.3 If any of'the provisions of this 2007 PUD Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this 2007 PUD Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 7.4 This 2007 PUD Agreement and the exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Owner, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this 2007 PUD Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such .petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that aze affected by the proposed amendment. 7.5 Numerical and title headings contained in this 2007 PUD Agreement aze for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 7.6 Upon execution of this 2007 PUD Agreement by all parties hereto, City agrees to approve the Final PUD Development Plan and to accept the same for recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fees by Owner. 7.7 Notices to be given to the parties to this 2007 PUD Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: 14 ~IIIIVIIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIVIII ~3928f 23 JgNICE K VOS CgUDILL PITKIN COUNTY CO I II IIII ,00 /30%20000 2.241 CTTY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 OWNER Hotel Jerome, Inc. c/o The Broadmoor Hotel P.O. Box 1439 Colorado Springs, CO 80901 With Copy to: Arthur C. Daily, Esq. Holland & Hart Ia.r 600 East Main Street Aspen, CO 81611 7.8 This 2007 PUD Agreement maybe executed in counterparts, in which case all such counterpazts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties aze not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 7.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Property and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, tlietr respective successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and yeaz first above written. CTI'I': City of Aspen, Colorado, a Colorado municipal corporati By: Mayor Attest: Kathryn S. Koch, City Cler APPROVED AS TO FORM: orcester, City Attorney 15 -., OWNER: Hotel Jerome, Inc. By: Its: ~' ' ~ ' -~ STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing in~~*nent was acknowledged before me this 301~gay of 2007, by Helen Klanderud as Mayor and Kathryn S: Koch as City Clerk of e City of en, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires: ((~{/' ~/ STATE OF COLORADO ) ss. COUNTY OF ~1 R25~ The foregoing instrument was acknowledged before me this r~ day of ~ c 2007,by``~r1r~~r ~icic-4a\'sn as of Hotel Jerome, Inc., Colorado corporation- Witness my hand and official seal. My commission expires: ~ ~ 1~-1'~(x1 !t~\~31f1J ~ J Notary Public 3646668_2.DOC II~IIII~'~11. ~~I~I~III, IIIIIIII~II~II~~IIII ~IIIIII~II'II 01/30/20 8 23 TKIN CMMTy CO R 136.00 07 02.24{ D 0.00 16 IIIIIIIVIIIIIIIIII~II~iIII)IBIIIIIIIIII,IIIIIIIII 5/e0 2 0o7f0Z3~ 2.24E JgNICE K VOS CHUDILL PITKIN COUNTY 00 R 116.00 D 0.00 Chapter 26.575 MISCELLANEOUS SUPPLEMENTAL REGULATIONS EXHIBIT Y D 9 Sections: 26575.010 General. 26575.020 Calculations and measurements. 26575.030 Open Space. 26575.040 Yards. 26575.045 Jnnk Yard and Service Yards. 26.575.050 Fences. 26575.060 UtF7ity/trash service areas. 26575.070 Use square footage limitations. 26575.080 Child care center. 26575.090 Home occupations. 26575.100 Landscape maintenance. 26575.110 Building envelopes. 26.575.120 .Satellite dish antennas. 26575.130 Wireless Telecommunication Services Facilities and Equipment 26575.140 Accessory uses and aceessory structures. 26575.150 Outdoor Lighting. 26575.160 Dormitory. 26575.170 Fnel storage tanks 26575.180 Restaurant. 26575.190 Farmers' market. 26575.200 Group Homes. 26575.010 General. Reglilations specified in other sections of this Title shall be subject to the following supplemental regulations. 26575.020 Calculations and measurements. The purpose of this Section is to set forth supplemental regulations which relate to methods for calculating and measuring certain enumerated terms as used in this Title. The definitions of the terms aze set forth at Section 26.104.100. A. Floor area. In measuring floor areas for floor area ratio and allowable floor area, the following applies: 1. General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the surrounding exterior walls (measured from their exterior surface) of a building, or portion thereof. 2. Decks. Balconies. Porches, Loggias and Stairways. The calculation of the floor area of a building or a portion thereof shall not inchlde decks, balconies, exterior stairways, terraces and 689 c~ so- N~-x+~> z6s~s.o2o I ~IIIII IIIIN IIII IIIIII IIII IIIIIII III I N~N 5339a 8r JRNICE K VOS CHUDILL PITKIN COUNTY III,I RI IIII ,ge'30D 0.00 2.24E similaz features, unless the area of these features is greater than fifteen (1 s) percent of the maxi- mumallowable floor area of the building (the excess of the 1 s% shall be included). Porches shall not be counted towards FAR. 3. Garages. Carports and Storage Areas. In all zone districts except the R-15-B zone district, for the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages, carports, and storage areas shall be excluded up to a maximum area of two hundred fifty (2s0) square feet per dwelling unit; all garage, carport, and storage areas between two hundred fifty (2s0) and five hundred (500) square feet shall count fifty (50) percent towards allowable floor area; all garage, carport and storage ateas in excess of five hundred (s00) square feet per dwelling unit shall be included as part of the residential floor area calculation. For any dwelling unit which can be accessed from an alley or private road entering at the reaz or side of the dwelling unit, the garage shall only be excluded from floor area calculations up to two hun- dried fifty (2s0) square feet pec dwelling unit if it is located on said alley or road; all garage, car- port and storage areas between two hundred fifty (2s0) and five hundred (s00) square feet shall count filly (50) percent towazds allowab]e floor area. For the purposes of determining the exclu- sion, if any, applicable to es carports, and storage areas, the area of all structures on a parcel shall be aggregated. In the 1 ne district, garage, carport, and storage areas shall be limited to a five hundred (s00) square oot exemption 4. Subgrade areas. To determine the portion of subglade areas that are to be included in calculat- ing floor azea, the following shall apply: a. For any story that is partially above and partially below natural or finished grade, which- ever islower, the total percentage of exterior surface wall area that is exposed above the most restrictive of the grades shall be the total percentage ofthe gross square footage of the subject story included in the floor azea calculation. Subgrade stories with no exposed exterior surface wall area shall be excluded from floor azea calculations. (Example: If fifteen (ls) percent of the exterior surface wall area has been exposed above natural or finished grade (whichever is lower), then fifteen (ls) percent of the gross square footage of the subject story will be included as floor area.) b. Also excluded from floor area calculations shall be any portion of a subgrade accessory dwelling unit whose exterior surface wall area is exposed above grade for gnus, window openings, doors, and similar ways of getting light and air into the unit, or that provides re- quired Uniform Building Code egress to the unit. The mar;mum amount of this exclusion shall be one hundred (100} s.f of the floor area of the accessory dwelling unit. o. For any dwellingunit that can be accessed from an alley or private road entering at the rear or side of the dwelling unit, the garage or carport shall only be eligible for the exclusions described in sub-sections a. and b. if it is located along said alley or road. <w~ ~w-Na z saJ> 690 .-. ,1. 26.575.020 ---- d_ In the R-15B zone. district only, garages, carports, and storage azeas shall be excluded from residential floor azea calculations up to a maximum of five hundred (500) square feet per dwelling unit. 5. (Repealed by Ord. No. 56-2000, § 8) 6. Accessory Dwelling Units. An Accessory Dwelling Unit shall be calculated and attnbuted to the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor Area as defined in this section, unless eligible for an exemption as described below- Detached and permanently afTordableADUFToorArea Fxemvtion. One hundred (100) per- cent of the Floor Area of an ADU which is detached from the primary residence and deed re- stricted as a"For Sale" affordable housing unit and trarisfen-ed to a qualified purchaser in accor- dance with the Aspen/Pitlin County Rousing Authority Guidelines, as amended, shall be ex- cluded from the calculation of Floor Area. 7. Linked Pavilion. Any element linl~g the principal structure to an accessory shucture shall not be included in the calculation of floor area provided that the linking structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long. Areas of linking structures in excess often (10) feet in length shall be counted in floor azea. 1111111 IIIII IIIIIIIIIINIIIIIIIIIIIilllllllllllllllill 03 09 0g0 Z 24F 690-1 (~ sue. Na z+-o3> ~; .~ EXHIBIT 533928 ' !`~ IIIIII VIII IIIIII III IIIIII III IIIIIII III YIIIII 11 IIII ~ 930D20000 2324( OCCUPANCY DEED RESTRICTION AND AGREEMENT AFFORDABLE HOUSING UNITS CORTINA LODGE THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT (the "Deed Restriction's is made and entered into this _ day of , 2007, by and between HOTEL JEROME, INC., a Delaware corporation, whose address is c1o The Broadmoor Hotel, P. O. Box 1439, Colorado Springs, CO 80901 (hereinafter referred to as "Owner', and the ASPEN/PITION COUNTY HOUSING AUTHORITY, a multi jurisdictional housing authority established pursuant to the THIRD AMENDED AND RESTATED liN'I'ERGOVERNMENTAL AGREEMENT recorded on January 8, 2003 at Reception No. 477066 in the Office of the Clerk and Recorder of Pitkin County, Colorado (hereinafter referred to as "Housing Authorit}~~. WITNESSETH: WHEREAS, Owner is the owner in fee simple of Lots P and Q, Block 73, City and Townsite of Aspen, Pitkin County, Colorado, on which is situated a renovated structure known as the Cortina Lodge (hereafter, the "Cortina Lodge'; and R'HEREAS, the Cortina Lodge contains four (4) studio units and four (4) two-bedroom dormitory suites (each, an "Affordable Housing Unit" and collectively, the "Affordable Housing Units', together with a common kitchen, dining azea and laundry, as authorized and approved by Ordinance No. 42 (Series of 2006) adopted by the Aspen City Council on December 11, 2006 and recorded , 2007 in said records. The Affordable Housing Units aze depicted on the floor plans attached hereto as Exhibit A and made a part hereof by this reference, and contain the following net livable areas, to wit: -Unit Number Unit Tvoe Net Livable Area Unit 1 Studio _ square feet Unit 2 Studio _ squaze feet Unit 3 Studio _ squaze feet Unit 4 Studio _ squaze feet Unit 5 2-bdrm. dorm suite _ squaze feet Unit 6 2-bdrm. dorm suite _ square feet Unit 7 2-bdrm. dorm suite _ squaze feet Unit 8 2-bdrm. dorm suite _ squaze feet The foregoing variation of APCHA's m;n;mum size requirements for Category 1 Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance No. 42 (Series of 2006); and ~ .% ,HI IIIIIII~fIII 111111 IIII IIIIIIIII,I III~I'I III IIIIIII II IIII 019~9D~8 02324E . R 116.00 D 0.00 WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006) and the 2007 Hotel Jerome PUD Agreement recorded , 2007 at Reception No. in said records; Owner desires by this instrument to deed restrict the use and occupancy of the Affordable Housing Units to persons who aze employed in Pitkin County (and their families) and. who.meeilhe~ualification_guidelinessetforthin_the9spen/Pitkin_CountyAffordable Housing_ Guidelines established and indexed by the Housing Authority on an annual basis (the "Guidelines"); and WHEREAS, as set forth in Pazagraph 1(f and g) of that certain Master Termination Agreement recorded , 2007 as Reception No. in said records, the previous Declaration of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031, as amended by Amendment to Cortina Declazation of Covenants, Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507, shall be deemed fully and forever vacated, teminated, cancelled, released, extinguished null, void, and of no further force or effect whatsoever upon the recording of this Deed Restriction. NOW, 'THEREFORE, for and inconsideration of the mutual covenants and agreements set forth herein and for other good and valuable considerations, the receipt and sufficiency of which aze hereby acknowledged, the Owner covenants and agrees as follows: 1. The Affordable Housing Units shall at all times be rented in accordance with the terms of this Deed Restriction. 2. The use and occupancy of the Affordable Housing Units shall henceforth be limited exclusively to housing for persons who aze employed in Pitkin County (and their families) who meet the definition of "qualified Category 1 employee" as that term is defined by the Guidelines. Owner shall give first priority for occupancy of the Affordable Housing Units to employees of the Hotel Jerome. Any Affordable Housing Units not rented by Owner to Hotel Jerome employees may be rented to any "qualified Category 1 employee selected by Owner. If the Owner does not lease an Affordable Housing Unit to a qualified employee of his own selection, then the Housing Authority shall select the tenant in accordance with the Guidelines. Employees shall be qualified by the Housing Authority as to employment, maximum income and asset limitations. 3. Written verification of employment of employee(s).proposed to reside in an Affordable Housing Unit shall be completed and filed with the Housing Authority by Owner prior to occupancy thereof, and such verification must be accepted by the Housing Authority. 4. An Affordable Housing Unit shall be rented for periods of no less than six (6) consecutive months. Upon vacancy of an Affordable Housing Unit, Owner is granted forty-five (45) days in which to locate a qualified employee, unless a longer period is authorized by the Housing Authority. Approval for such additional time may be requested by Owner for repair and/or refurbishment of an Affordable Housing Unit, for renovation and/or redevelopment of the Cortina Lodge property, or for an unexpected breach of the lease agreement by the tenant, and ~,, IIVIIIIH~~IIIVIII ~I~IIIIIIII INIIIIIIIIII 5~ 0g ~0$`0z3z4E ~ VIII JiWICE K VOS CRUDILL PITKIN COUNTY CA R 116.00 D 0.00 such approval shall not be unreasonably withheld or delayed by the Housing Authority. If a qualified employee is not placed in an Affordable Housing Unit within the above-prescribed period, the Housing Authority may rent the Affordable Housing Unit to a qualified employee of its own selection. S. '~+e_maximum.rentaLrate~oLan~ffordable HousinglJnit~halLnot_exceed the Category 1 rental rate as set forth in the Rental Guidelines established by the Housing Authority as part of the Guidelines, subject to annual adjustment as permitted by the Guidelines. The maximum permitted rent for the studio units on the date of execution of this Deed Restriction is $ per month, and the maximum permitted rent for the 2-bedroom dormitory suites on the date of execution of this Deed Restriction is $ per month. Rent shall be verified and approved by the Housing Authority upon submission and approval of the lease. 6. Each Affordable Housing Unit must meet m;n;mum occupancy requirements as stipulated in the Guidelines, i.e., one person per bedroom. 7. A written lease agreement shall be executed by Owner and the tenant for each occupancy of an Affordable Housing Unit, and shall provide for a m;n;mum rental term of six (6) consecutive months, subject always to the Owner's right to terminate the lease if the tenant defaults in the performance of the tenant's obligations thereunder. An executed copy of the lease shall be provided to the Housing Authority by Owner within ten (10) days of the Housing Authority's approval of the proposed tenant. 8. The temis and provisions of this Deed Restriction shall constitute covenants n,nn;ng with the title to the Cortina Lodge property as a burden thereon for the benefit of, and shall be specifically enforceable by, the Housing Authority, the City of Aspen, Colorado, and their respective successors and assigns, by any appropriate legal action including, but not limited to, injunction, abatement, or eviction ofnon-qualified tenants. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. OWNER: HOTEL JEROME, INC., a Delaware corporation By: Its: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing Deed Restriction was aclmowledged before me this _ day of 2007, by as of Hotel Jerome, Inc., a Delawaee corporation. Witness my hand and official seal. My commission expires: Notary Public ACCEPTANCE BY HOUSING AUTHORITY The foregoing Deed Restriction and its terms aze accepted by the Aspen/Pitkin County Housing Authority this _ day of , 2007. ASPEN/PITTQN COUNTY HOUSING AUTHORTI'I' By: Chairperson STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing Acceptance was aclmowledged before me this _ day of 2007, by as Chairperson of the Aspen/Pitlan County Housing Authority Boazd. Witness my hand and official seal. My commission expires: Notary Public 3654258_1.DOC IIIIIIIIIIuIIIIIIIIIIIIIIIIIIIIuIIIIi~IIIIIIIIIIIII) 019 0/~.2008`02324~ JPNICE K VOS CfiIAILL PITKIN COUNTY CO R 116.00 D 0.00 ~, a IIIIIIIINIIIIIIIIIIIIIIIIIII)IIIIIIIIIIVIIIIIIIIII) e e egeg ez:zsl JRNICE K VOS CpIAILL PITKIN COUNTY CO R 21.08 D 0.00 MASTER TERMINATION AGREEMENT HOT-EL-JEROME-PUD THIS MASTER TERMINATION AGREEMENT (the "Termination Agreement") is made and entered into as of the ~ day of , 2007, by and between THE CITY OF ASPEN, COLORADO, a munici corporat n (hereinafter referred to as "City"), and HOTEL JEROME, INC., a Delaware corporation (hereinafter referred to as "Owner"), WITNESSETH: WHEREAS, pursuant to Ordinance No. 42 (Series of 2006) adopted on December 11, 2006, the Aspen City Council granted final approval of a PUD Amendment for the Hotel Jerome Property described in said Ordinance, including an extensive renovation of the existing Hotel Jerome, an expansion of the Hotel's existing net leasable commercial area, the reconfiguration and renovation of the Hotel's Main Street and Mill Street courtyazds, and the elimination of a prior condition that a portion of the Hotel's parking gazage be reserved for Hotel employees. The PUD Amendment also approved the renovation of the existing Cortina Lodge situated on the Cortina Lodge Property described on said Ordinance to meet the Hotel's employee housing mitigation requirements; and WHEREAS, in accordance with said Ordinance No. 42 (Series of 2006), Owner and City have executed that certain 2007 Hotel Jerome PUD Agreement, which instrument was recorded,/~J9~'7~ ~ , 2007 as Reception No.~~~ in the Office of the Clerk and Recorder of Pitkin County, Colorado (the "2007 PUD Agreement"); and WHEREAS, Section 1.2 of the 2007 PUD Agreement provides-that it is the intent of the parties thereto that the 2007 PUD Agreement effectively supersede and replace in their entirety certain previously recorded plats, PUD agreements, protective covenants, and land use approvals that encumber the Hotel Jerome Property and/or the Cortina Lodge Property, including without limitation those matters identified in Article VI of the 2007 PUD Agreement, and further provides that the City and Owner shall cooperate in the execution and recording of such documents as may be necessazy or appropriate to accomplish the vacation and/or termination of such prior instruments and approvals; and . WHEREAS, City and Owner desire by this Termination Agreement to accomplish the vacation and/or termination of such prior instruments and approvals. I 533979 IIIIII I~illll IIII (IIII, IIII NIIIII III VIII IIII IIII 01930/2007 02:251 -. JRNICE K PoS CRUDILL PIMIN COLR7TY CO R 21.00 D 0.00 NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable considerations, the receipt and sufficiency of which aze hereby acknowledged, the parties agree as follows: 1. Vacation and Termination of Instruments and Approvals. From and after the execution and recording of this Termination Agreement by City and Owner, the following-described recorded PUD agreements, plats, protective covenants, and land use approvals, and all covenants, agreements, obligations, approvals, conditions, benefits and burdens set forth therein, shall be and shall be deemed fully and forever vacated, terminated, cancelled, released, extinguished, null, void, and of no further force or effect whatsoever, and shall no longer constitute either a burden upon or a benefit to all or any part of the Property or either of the parties hereto or their respective successors and assigns, to wit: (a} Amended and Restated Planned Unit Development Agreement - Hotel Jerome -Renovation and Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception No. 281483. (b) Supplemental PUD Agreement -Hotel Jerome recorded June 12, 1.991 in Book 648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952 as Reception No. 334427. (c) Amended and Restated Planned Unit Devel pment Plat -Hotel Jerome -recorded September 15, 1986 in Plat Book 19 at Pag~ and related drawings recorded contemporaneously therewith. (d) Second~Amendment to Amended and Restated Planned Unit Development Plat -Hotel Jerome -recorded July 1, 1991 in Plat Book 26 at Page 89. (e) .Ordinance No. 70 (Series of 1990) of the Aspen City Council, amending the Final PUD.Development Plan for the Hotel Jerome. (f) Declazation of Covenants, Restrictions and Conditions for the Cortina Lodge recorded December 16, 1988 in Book 581 at Page 332 as Reception No. 307031.** (g) Amendment to Cortina Declaration of Covenants, Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373 as Reception No. 333507.** (h) Resolution No. 1 (Series of 1987) of the Aspen City Council, granting substitution of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units, recorded June 6, 1990 in Book 622 at Page 347 as Reception No. 323313:. ** These two documents shall remain in full force and effect until the Deed ~-. ,~ Restriction attached as Exhibit B to the 2007 PUD Agreement is recorded in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon which recording said two documents shall be deemed fully and forever vacated, terminated, cancelled, released, extinguished, null, void, and of no further force or effect whatsoever. 2. Counterparts and Facsimile Signatures. This Termination Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties aze not signatory to the original or the same counterpart, and facsimile signatures shall be treated as original signatures hereon. 3. Binding Effect. This Termination Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns forever. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. CITY: The City of Aspen, municipal corp~t~ By: Attest: Kathryn Koch, City Cler APPROVED AS TpnO.F~ORM: C~ orce ter, City Attorney Owner: Hotel Jerome, Inc., a Delawaze corporati By: Its: //~. _... - I IIIIII VIII IIIIII III III~I NII I~~III IIIHII~ Ilil III e e 9 09 e9e z:zsF ,~*. -~.. w,,,; , STATE OF COLORADO ) .._ ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this .~Riay of C~, 2007, by Helen Klanderud as Mayor and Kathryn S. Koch as City Clerk of e Cit of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires:Oh,(~?A0~' STATE OF Co~oM~ o ) ss. COUNTY OF {_\ ~QSf)) The foregoing instrumenYwas acknowledged befork me this ', ray of ' , 2007, by ~ c~~ipsc~ ~[~~~~.t\ as 1/.l~'., of Hotel Jerome, ., a Delawaze corporation. Witness my hand and official seal. My commission expires: y~ ~ 1~` E3~ , ,~ a ~i ,4 t ~ Yi A nJ Notazy Public IIIIIIIIIIIIIIIIIII~II~IIIIIIi1I~II~IIIIIIIII~IIIIIIIIIl00 9`e9 oee z.zs~ JRNICE K VO 332I546_2.DOC ~~ NOTICE OF APPROVAL For an Insubstantial PUD Amendment to The Hotel Jerome, `° 300 E. Maln Street Parcel No.: 273707321001 APPLICANT: CLP-Elysian Aspen Owner, LLC REPRESENTATIVE: Sonny Vann (Vann Associates, LLC) SUBJECT & SITE OF AMENDMENT: The Hotel Jerome 300 E. Main St. SIIMMARY: The applicant has requested an insubstantial PUD Amendment to convert an existing office into a rentable lodging unit for the hotel. Currently there are 92 rooms in the hotel. The Amended and Restated 1986 PUD allowed for 94 guest rooms. Affordable housing mitigation was provided in 1986 for the 94 rooms. Ordinance 42 (series of 2006) approved an extensive renovation to the existing hotel and an expansion of the net leasable space. It also approved the renovation of the Cortina Lodge to meet the affordable housing mitigation. To date; the major renovationsrmprovements to the hotel have not been undertaken, and therefore the housing friitigation has not changed from the 1986 PUD. Additional mitigation is to be provided at the time of a building permit for the overall renovationlimprovements of the hotel, as per Ordinance 42 (Series of 2006). Staff has determined that the proposed change of an office to a rental unit is not associated with the large scale project and is in compliance with the original 1986 approval of having 94 guest rooms, with affordable housing mitigation previously provided. STAFF EVALUATIONS: Staff supports the proposed change to the Hotel Jerome through an amendment to the PUD. The changes proposed are consistent with the approvals granted in 1986 and 2006 allowing for 94 rooms. The change allows for the conversion of an office into a rentable lodging room, which is consistent with the intent of the former approvals. DECISION: The Community Development Director finds the Insubstantial PUD Amendment to be consistent with the standards within Ordinance No. 42, Series 2006, and thereby APPROVES the amendment for the conversion of an office to a rental unit. AP ROVED BY: Chris Bendon Community Development Director Attachments: Exhibit A: Approved Changes on Plan Set Exhibit B: Review Criteria Exhibit C: Application Date RECEPTIOM#: 564143,1 7 /1 012008 at 02:01:17 PM, 1 OF 7. R 536.00 Doc Code APPROVAL Janice K. Vos Caudill, Pitkin County, CO ® ~' EXHIBIT `B' A. PIID Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plaq may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. There is no change in the use or character of the building/development. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. There is no change in the overall site coverage, the proposed change is internal. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to the open space. 5. A reduction by greater than one percent (1 %) of the off-street pazking and loading space. There is no change in the parking/loadingspoce. 6. A reduction in required pavement widths orrights-of--way for streets and easements. There is no change in the ROW's widths, sweets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. There is no change in the gross leasable floor area. 8. An increase by greater than one percent (1%) in the approved residential density of the development. There is no change to the residential aspect of the PUD. 9. 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