HomeMy WebLinkAboutcoa.lu.pu.Hotel Jerome 330 E Main Final.1983 April 7, 1983 'The Aspen.Times P4 oil Jerome p , •
Ian tabled', but mo
¢ In the section covering parking, tion o$the parking garage within
Although tabled again by the from `normal'n tax increment mentistates the draft PUD agree- two yeaeeapascyfnce of a cel,the
al of council elopm ntnplans for hibited in aren't specifically and fount d h that doe. city "has the agreement shall stipulates ve th city ownero�of
hf issuance
t. find
full will not prevent a prop- area of the proposed PUD'is sub- $100,000 as a down payment on owners have. thfor the 60 park-
a? of redevelopment plans for hibited in the legislation and found and hereby does find...the Gilmore shall give the city ottonegotiatealong-
took
Aspen's historic S Hotel Jerome hopefully in a proposed f60 mg spaces,
took another ras given foor tab. axed financing from getting legal and deteriorating building of his parking paces in a pro construction of 60
The the ompl xortabling ac- .approval,"he added. parking garage on the Rio Grande apace lob the Rio Grande for the-
toric'luded in the P ty and ate Rio
golf ride course, the
tion on the complex PUD (plan- IncludedinthePUDagreement Property. Charge
bed was development)d by tt and for the Financing is are to are provisions covering various
ig was need G more,the oar the - "Assuming
ough the legal are able to get P the the g e me tilt es. agrees to
agreed to meet,including the off- proposed parking garage, consent to use it for city ee of tax
city ndJohnGilmore,heowner, through the legal concerns, the improvements Gilmore has Until the city has built the agreements s•
t anguage of a draft PUB financial aspects of the financing street parking, employee house spaces will be provided by the city
until t seem feasible," Barrows con- iris sidewalks, curbs and gutter on the Rio Grande Property and at increment
tcre mentre bonds to mance the
draft was pre- chided. new the golf course. tore.
were told for the first In language obviously aimed at` construction, landscaping, If olf co roe. to start construe- -__
aubatantial a water lines,etc.
fires it foam- a future tax increment bond ap-
visions, flan
Although not discussed t
day,use of tax increment bonds to
finance the 60 parking spaces ret-
appear for the hotel renovation
appeared to be feasible, a letter
from Bond Consultant Joe Bar-
stateKirchner Moore, Denver,
stated.
Use of the bonds had been sue.
said it would be im when Gilmore
the city a deed oft Possible to give
to assure" rust on the hotel
mated 6000yment of the esti-
$ 00 needed to pay for
the 60 spaces•
He explained that he would be
multi-mil
unable it t that
for the
l geion dollar renovation
and new construction project if
the city pay first deed of trust on
Some Legal Problems
In his letter about the tax incre-
thert mods,Barrows pointed out
there might be some legal prob-
l�ms with issuance of the bonds.
"Tax increment bonds are
•corned by an urban renewal agen-
y to`remove blight'from an area
the agency has determined to be
pan need of urban renews}.
"Typically the blighted area in-
cludes an area larger than a sing-
le property, and the improve-
mnats are accomplished by conde-
mnatton,renovation by the age e-
cy of the blighted area,and resale
ve the property to private de-
in"In the case of the Jerome hotel
improvements,the circumstances
are somewhat different in that
the improvements will be con
the b aghted reanotincludedin
tionall Property...addi,"_
aoa 1 the blighted zone in-
" the tax increment area '
7 3-C �) I CO
ACC 1K4 J
Aspen /Pitkin Planning Office
130 south galena street
aspen , colorado 81611
October 21, 1983
Mr. Perry Harvey
Interwest Realty
710 East Durant
Aspen, Colorado 81611
RE: "Additional Billing" on Hotel Jerome - Final Plat
Attached is the "Additional Billing" for the time spent over the
allocated hours on Hotel Jerome ' s final plat. There are six hours
allocated for a final plat and eleven hours were spent on this
project. Therefore, five hours at a rate of ninety dollars per
hour has been charged to total an amount due of $450. 00 .
Should you have any questions regarding this bill, please do not
hesitate to call.
Sincerely,
Alan Richman, Assistant Director
Aspen/Pitkin Planning Office
AR:klm
Attachment
The Durant Mall 71C t Durant Street Aspen, Colorado 81611 US 303/925-2772
October 31, 1983
MEMO
I T0: Alan Richman
FROM: Perry Harvey
Interwest RE: Article 10, Hotel Jerome PUD Agreement, Periodic Project Review
Thank you for the time you gave John Gilmore and myself on Thursday
October 27th. As we outlined to you the Hotel project has made no
real progress regarding the specific terms of the PUD agreement.
We discussed our tentative schedule for construction beginning spring
of 1984 with completion planned for the fall of 1985.
In anticipation of this we are in the phase of Design Development drawings ,
scheduled for completion by December 15th.
Financing negotiations are underway and we feel we are close to a deal .
Also the documentation for the Limited Partnership is being refined.
We discussed our desire to purchase employee housing units as employer
for our staff. I will pursue your suggestion for a presentation to the
housing board.
One item not discussed in our meeting was the traffic count to be conducted
by engineering on Bleeker at the corner of Mill to provide a data base
to determine the affect of the Hotel delivery vehicles on the Bleeker Street
traffic. I will confer with you as to gearing the study up for this winter.
Thank you ,
P C/) 74G ILA' ?-
Perry Harvey
PH/jt
•
MEMORANDUM __J�
Date: March 3, 1986
TO: Alan Richman, Planning & Development Director
FROM: Jim Wilson, Chief Building Official
SUBJECT: Hotel Jerome Employee Housing
Dick Butera has questioned the applicability of the required deed
restrictions for the four (4) employee units in the Hotel Jerome.
In your memo of June 5 , 1985, you included the deed restrictions
as a condition of the renovation. Mr . Butera claims that it is a
condition of the PUD agreement, which was formed to accommodate
the addition, and therefore not applicable until the addition is
built . What is your response to this logic?
cc: Bill Drueding, Zoning Enforcement
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MEMORANDUM
JUL 191985 li
TO: Alan Richman
Paul Taddune
FROM: Jay Hammond
DATE: July 15 , 1985
RE: Jerome Performance Bond
Just to let you know, I received a performance bond today from
the Jerome partnership for their public improvements in the
amount of $20 ,200 . I informed Jim Wilson.
I have placed the documents in my file. Let me know if they
should be filed elsewhere.
JH/co/JeromePerfBond
!
ASPEN WATER DEPARTMENT
JUL - 5 1985 W
11%
MEMORANDUM
TO: JAY HAMMOND, CITY ENGINEER
FROM: JIM MARKALUNAS
SUBJECT: HOTEL JEROME
DATE: JULY 2, L985
Concerning your inquiry regarding the Jerome Project, attached you will find
our correspondence to and from the Hotel. Most of this information pertains
to the new addition on Sleeker Street. I am not sure what the new plans are.
It is my understanding at this time that only the renovation of the old Hotel
is going forward. If this be the case, then the existing services into the
building should be adequate. By copy of this letter to the Planning Office,
we are requesting the latest plans and specifications concerning the renovation
of the Hotel so that we can advise the new owner and the contractor what our
requirements will be.
I do note one problem for the present. That is: it appears that the temporary/
construction sidewalk is located over the main shut off valve supplying water
service to the Hotel. This could present a problem if there were a need to
immediately shut off water.
This is all I can provide you with for the present.
M:ab
cc: Planning Office 1162L \r v 1C
Joe Dickinson, Electric Superintendent vA
MEMORANDUM
TO: Jim Wilson, Chief Building Official
Bill Drueding, Zoning Official
Jay Hammond, City Engineer
FROM: Alan Richman, Planning and Development Director
RE: Hotel Jerome PUD
DATE: June 5, 1985
As I had indicated during our meeting yesterday, I have reviewed the
Hotel Jerome PUD files to identify the key representations made with
respect to the renovation of the existing building. Following are the
key items which you should insure be included in the drawings :
1 . There will be a total of 28 guest rooms on the upper two
floors.
2 . There will be four ( 4) deed-restricted employee housing
units on site, and the applicant will deed- restrict a
two-bedroom unit at Hunter Creek to our employee housing
guidelines.
3 . There will be twenty-seven (27) parking spaces provided at
the rear of the Building.
4 . A new eight ( 8) foot wide sidewalk will be constructed along
the property frontage on Main Street; sidewalks , curb and
gutter on Mill Street will be replaced, if damaged.
5 . Trees and other planting materials should be as in the
landscape plan on file with the other PUD documents inthe
Engineering Department .
6 . Commercial area within the existing building to include no
more than 20 , 156 s . f. of kitchen, restaurant, bar, retail
and hotel office space.
7 . Facade to be as represented in the drawings presented to
HPC. Stamped HPC plans have not been found in the records,
however, preliminary and final PUD drawings in the Planning
Office are, I believe, identical to those presented to P&Z .
A record of HPC discussions is also available in our Office.
In addition, one key representation from the PUD agreement was that a
detailed construction schedule would be provided to the Building and
Engineering Departments regarding :
a. Barricading and pedestrian protection .
b. Excavation access, large truck traffic and staging areas.
c. Delivery and storage of major materials.
d. Construction equipment storage.
e. Contractor vehicle parking.
The applicant specifically agreed to store materials on site as part
of the review process . The applicant also agreed to provide a
performance bond to guarantee the cost of public improvements .
Although the amount shown in the agreement (S45, 058) is probably no
longer valid, since we are only looking at Phase I of the project ,
there still should be a bond obtained in an appropriate amount .
Furthermore, the electric, water and sewer departments should be
contacted to determine if they have any needs with respect to the
renovation of the existing structure, since all of their comments
related to the project as a whole and not just to Phase I.
The above items are the only ones I can find relative to the project .
I will let you know if I discover any additional materials. If you
want to do any research on your own, the files are in my Office, while
the Final PUD agreement and Plat are documents of record.
AR. 6
2
ah_ _
asP \tI 120
June 3 , 1985
The Bank of New York
The Jerome Palace Partnership
Gentlemen:
The Aspen City Council has directed that I advise you of the
Council' s views with respect to that certain Planned Unit Develop-
ment Agreement - Hotel Jerome - Renovation and Addition , dated
April 20 , 1983 , and recorded May 10 , 1983, in Book 444 at Page 750
of the real property records of Pitkin County, Colorado (the
"Agreement" ) , and the related Final Planned Unit Development Plat ,
recorded May 10 , 1983 , in Plat Book 14 at Page 88 of said records
( the "Plat" ) . The City Council has directed me to clarify that
under the existing Agreement and Plat and in accordance with the
affidavit of John F. Gilmore dated March 26, 1985, a copy of which
is annexed 'hereto and incorporated herein: ( a) the renovation of
the existing Hotel Jerome as described in Mr. Gilmore' s affidavit
may proceed prior to and independently of the construction of the
additions contemplated by the Agreement, and the construction of
such additions may be undertaken independently of or in conjunc-
tion with such renovation; ( b) a building permit prior to com-
mencement of renovation and a certificate of occupancy upon com-
pletion of the renovation of the Hotel Jerome may be issued with-
out regard to whether the proposed additions have been commenced
or completed ; and ( c) the provisions of Paragraph 6 of the Agree-
ment requiring 15 off-site employee housing bedrooms and Paragraph
7 requiring 60 off-street parking spaces need not be satisfied as
a condition to issuance of a certificate of occupancy with respect
to the renovation portion of the Agreement alone.
Sincerely,
•
ems ,
William L. Stirling /
Mayor
7E
!J
■
HOTEL GrApiell_E®
330 E.MAIN ST.
Mr . Alan Richman
City of Aspen
130 S . Galena
Aspen, Co . 81611
Dear Alan;
In reviewing your letter dated April 16, 1985 I have
one clarification. In addition to your comments and
representations in the letter it is the mutual under-
standing between the City and myself that the rennova-
tion of the existing Hotel Jerome with the retention
of the current on site parking and four units of employee
housing will not in and for itself trigger the PUD re-
quirements for the sixty parking spaces and the fifteen
units of employee housing . The parking and additional
employee housing will be provided in conjunction with
the construction of the addition to the hotel .
Sincerely,
J.h F . Gilmore
I agree that the text of this letter accurately reflects
the understanding regarding the Hotel Jerome PUD Agree-
ment .
Alan Richman
Actind Director
AspenJPitkin Planning Office
S,
R
Aspen/Pit n 31anning Office
130 s i tb galenaatreet
‘t:-":445 )15-7 ,
aspen ,° olorato 81611
April 16, 1985
Mr. John Gilmore
Hotel Jerome
330 E. Main Street
Aspen, CO 81611
Dear John : -
I am in receipt of your affidavit dated March 28, 1985, concerning the
remodeling of the Hotel Jerome and your intention to subsequently
amend amend the adopted PUD for the remainder of the project . I have
discussed this document with City Attorney, Paul Taddune. It is our
joint opinion that this document sufficiently protects the City ' s
interests to allow us to authorize you to proceed to building permit
review.
Please let me know if I can otherwise be of assistance in this matter.
Sincerely,
ikr
Alan Richman
Acting Director
AR/nec
cc: Paul Taddune
Hal Schilling
Jim Wilson
MEMORANDUM
TO: Paul Taddune
Hal Schilling /�
FROM: Alan Richman, Planning Office
RE : Hotel Jerome
DATE: April 1 , 1985
Attached for your consideration is an affidavit submitted by John
Gilmore in response to our request. Upon your direction, I will
send a letter to John confirming his ability to apply for a building
permit and requesting a PUD Amendment within 90 days . Please submit
your response in writing at your earliest convenience.
Thank you.
EICEIO Wit
APR - 1 1985 H i�
ROTE ROME
330 E. MAIN ST.
March 26 , 1985
Mr . Alan Richman
City of Aspen
130 S. Galena
Aspen, CO 81611
Dear Alan,
I am enclosing an affidavit setting forth 1) my intention
to apply for an amendment to the P . U.D. agreement , 2) the fact
that the renovation of the Hotel is a right under Aspen Codes
and , 3) my intention to apply for a building permit for the
renovation prior to the complete processing of the P. U .D . amend-
ment through the planning and zoning commission and the City
Council .
Please review the affidavit and tell me if you need further
information. I hope to receive a letter from your office confirm-
ing the right to receive a building permit for the renovation work
prior to final action on any amendment and confirming that your
office expects to see an amended P. U.D . application filed within
ninety days of the date of the affidavit .
Sincerely,
- -`( /6(1
J` • F . Gilmore
\
110TEL�l EROME
330 E. MAIN ST.
March 26 , 1985
Affidavit Regarding Hotel Jerome
State of Colorado
County of Pitkin
John F . Gilmore deposes and says :
1) I am the managing General Partner of the Jerome Hotel Co . ,
the Michigan limited Partnership which owns the Hotel Jerome in
Aspen , Colorado .
2) The Hotel Jerome entered into a P . U.D . Agreement with the
City of Aspen in April of 1982 setting forth a renovation and
expansion program for the Hotel .
3) Circumstances now dictate that the expansion portion of the
project be postponed. I indend to begin the renovation work
this year .
4) At the time the renovation phase construction drawings are
completed I intend to apply to the Aspen-Pitkin County building
Department for a building permit .
5) I will apply to the City, within 90 days from the date of
this affidavit , to amend the P . U. D. to clarify the phasing of
the project and the timetable for meeting the commitments in
the agreement .
6) The renovation will create no added square footage , will
change none of the uses in the Hotel , all of which are allowed
in the C .C . zone , and , thus will create no added impact on the
site or in the community.
•
7) As a renovation of an existing building I believe the city
of Aspen codes give me the right to apply for and recieve a
building permit for this work.
8) All the renovation work will take place on or within the
existing Hotel building , annex and pool house . The parking will
be improved , providing for more efficient use by more vehicles
than at present .
/2.
__ i /XIV- di:arc( ,,,
Subscribed and sworn to before me this� 'f c�d 1( - day of March,
1985 by -- t /O17A' i r ( 71 ?/?2D re/
Witness my Hand $ Official Seal my commision expires : 9 7(4 -17
i . I-- d221-1
Notary Public
BABBANA A. MpfTriroyARr Pestle
THE BANK OF ASPEN
P.O. BOX 0, ASPEN, CO 81612
NY COMMISSION EXPIRES 9/121Bi
Address
MEMORANDUM
TO: Hal Schilling, City Manager
FROM: Alan Richman, Planning Director N\
RE: Hotel Jerome PUD Amendment Request
DATE : March 6, 1985
I have received a copy of the letter from John Gilmore regarding the
Hotel Jerome and your memo on the subject. I would be more th =n happy
to meet with you as soon as possible (March 8 would be good fo me) to
discuss John' s request. In preparation for that meeting, I o fer you
the following background information and my opinion of the pro .osal.
The Hotel Jerome PUD was reviewed and approved by the pr or City
Council following extensive public discussion and many hours of time
by staff and elected officials. The project was enthusia.tically
supported by both Council and the Planning staff, who jointly .earthed
for and eventually found the Code mechanisms to implement the •roject.
The developer was granted the ability to fully renovate the - xisting
structure and to add a companion building of about 65 new ooms by
using the PUD and GMP exemption processes, the latter for an indi idually
historically designated structure.
In the review process, key issues which were addressed w-re site
design, parking, employee housing, circulation around the site and the
financial guarantees for obtaining needed public improvement: in the
area. The final PUD agreement which Mr. Gilmore hopes to revise is
the product of this review process, and was the subject of many
meetings before City Council.
Several months ago (October or November) John and his represe tative,
Perry Harvey, approached me about amending the PUD approval o stage
the project ' s development into two phases. The first phas=, to be
undertaken immediately, would renovate the hotel by reducing is room
count, upgrading the rooms to luxury status and otherwise re ovating
the structure. The second phase, to be undertaken five year hence,
would complete the project by adding the other units in the companion
building.
I told John and Perry that I enthusiastically supported the oncept,
since it would realize the City' s basic objective - an pgraded
facility - without experiencing any immediate growth impacts. I owever,
since the renovation program had changed to some degree for t e hotel
itself and since the phasing program would affect many of th - repre-
sentations made during the review process, I told them th-t a PUD
amendment was necessary.
Quite frankly, I was very surprised to get John' s letter regarding the
need for "fast track" review, given the six months that have elapsed
with no action on his part. While I still fully support the •roject,
I wonder about the approach he proposes and what it will d• to the
integrity of the review process. I suppose we could find tha if the
first phase of the project is consistent with the approved pl=ns, the
building permit could be issued pending resolution of th - issues
affecting the remainder of the project. However, if P&Z or the
Council wants additional concessions beyond those offered in the
applicant' s amended submission, what lever would we retain t• obtain
those commitments in the first phase of the project. Possi •ly you,
Paul and I can develop some mechanism to protect ourselves in the
review process.
Once again, please let me know through a call exactly when you want to
meet and I will make myself available.
cc : Paul Taddune
C
won e EROME
\`l 330 E. MAIN ST.
February 28 , 1985
Hal Schilling ' C� C O V [R •
City Manager 4 NI
130 S. Galena I
Aspen, CO 81611 J J
Hal Schilling ,
As you may have heard , the Hotel Jerome is currently
planning to undertake a renovation of the Hotel Jerome this
spring to reopen for the 85-86 ski season. The expansion
phase has no definite start date but will be a future step .
I am enclosing a copy of the letter and outline of amendments
which I drafted to the plannig office to amend the P . U.D.
agreement . I am waiting for the completed renovation drawings
before submitting the application for the amendment .
My timing is such that. I will be seeking a building
permit for the renovation at the same time that the amendment
will be processed. To expedite this process I am seeking
clarification on the issue of whether I can receive a building
permit for the renovation prior to final approval of amend-
ments to the P .U.D . agreement . A determination from your •
office and the city attorney will give direction to the
building department . As the first phase involves no added
square footage and , in fact , fewer rooms than now exist , there
will be no increased impact on the area or the community. The
site planning will maintain the existing open space and provide
-1-
more efficient use of the parking area .
The P. U.D . agreement deals with "The Project" , defined
as the renovation and expansion. "The Project" requires a
$ 100 , 000 deposit for the sixty parking spaces within sixty
days of issuance of a building permit . The other conditions
must be met prior to issuance of a C . O . , by which time the amend-
ments will have been processed . Thus my main concern regards
the deposit for the parking. The sixty spaces are more rightly
needed for the expansion as the renovation will reduce the number
of rooms and improve the use of the existing parking.
I would appreciate your review of this situation so when
I apply for the building permit for the renovation, the building
department will have direction from you.
Sincerely,
n F . Gilmore
c. c . Paul Toddune
City Attorney
c . c . Alan Richman
City Planner
- 2-
(%
The specific ammendments requested in the P.U.D. Agreement involve the addition
of language to clarify the phasing of the project and to define the improvements
under the proposed Phasing.
The following ammendments are requested:
1) Add to the Whereas Section:
WHEREAS, the owner envisions a phased project over a maximum ten year
period of time with the first phase being a complete renovation of the existing
improvements and the site and the second phase being the construction of the
addition according to the recorded Plat and P.U.D. Agreement.
2) A new number 1 added to the body of the Agreement, changing the numerical
ranking of the remaining reqirements with no eliminations.
1) Phase I, the renovation and reconstruction of the existing improve-
ments shall be governed by the issuance of a building permit and shall
include the following:
A) 28 luxury guest rooms on the upper two floors according to the
submitted plans.
B) Four employee housing units plus a two bedroom unit at Hunter
Creek restricted for employee occupancy.
C) Food, beverage, retail and meeting facilities according to historical
and current uses, and as outlined in the accompanying cover letter.
I am requesting Amendments to the conditions of the Agreement as follows:
1) Sidewalks, Curbs and Gutter:
Phase I: Prior to issuance of a Certificate of Occupancy for Phase I,
Owner shall construct a new sidewalk along the property frontage on Main Street
in accordance with the Landscape Plan submitted herewith. Owner shall also
repair and replace existing (or newly installed) sidewalks, curb and gutter
on Mill Street that may be damaged during construction.
Phase II: Prior to issuance of a certificate of occupancy for the construction
of the full addition, owners shall construct the balance of improvements according
to the PUD Agreement.
2) Other Physical Improvements:
Phase I: Water Sewer and utilities will be installed according to the
City Engineering Department to service Phase I.
Phase II: Improvements as determined by the City Engineer to service the
addition.
3) Landscaping Improvements. Phase I landscaping shall remain as
is. - .. ..
Phase II shall provide landscaping according to the recorded landscape plan
for "The Project".
4) Construction Schedules: Will be submitted for each Phase of the Project.
5) Financial Assurances: Assurances as negotiated with the City shall be
guaranteed for each Phase at the time of issuance of a building permit.
6) Employee Housing: Phase I shall include a total of six employee rooms,
four on site in the Hotel and two at the Hunter Creek Condominium Project. Six
bedrooms equal 32% of the 19 required for the Project while 28 rooms represents
27% of total room count as designed. The balance of the employee rooms shall
be provided with construction of the total addition.
7) Off-Site Parking: Phase I will provide parking on site for 27 vehicles
for Hotel Guests, hotel vehicles and resident employees. The balance of employees
will be encouraged to use the City Rio Grande Lot. The commitments for provision
of sixty off-site spaces will be met when the addition is constructed and the
on-site parking is eliminated.
13) Non-Compliance and Request for Amendments or Extensions by Owners:
13 b2) Negotiation, arrangement and completion of pre-construction activity
for Phase I by owner, including construction borrowing, bidding, contractor selection
and contractor mobilization prior to the projected starting date for Phase I of
no later than August 31, 1985.
Add to end of section.
City Council recognizes the need for the Phasing of the total Project
and hereby extends the terms of this agreement for a period of ten years from
the April 20, 1983 ratification of the P.U.D. Agreement. Owner agrees that further
stages of construction, whether a portion or all of the total Project envisioned
herein, shall be reviewed by the City Planning & Zoning Commission and approved
by the City Council prior to application for a building permit.
Aspen/Pitkin Planning Office
130 south galena street
aspen , colorado 81611
October 19, 1988
Ms . Jane Ellen Hamilton
Garfield and Hecht
601 East Hyman Avenue
Aspen, Co. , 81611
Dear Jane Ellen,
This letter is in response to your letter dated October 14 , with
respect to two proposed changes in use at the Hotel Jerome.
Specifically, you state in the letter that the Hotel intends "to
place permitted commercial uses in the former locations of the
tea room and the hotel room suite located at the rear of the
first floor of the hotel" . I am hereby informing you that these
actions must be preceded by processing amendments to the Planned
Unit Development and Conditional Use Permit for the Hotel Jerome
and by obtaining a GMQS Exemption for change in use of an
Historic Landmark.
As you state in your letter, the owners of the hotel are bound by
"written submissions and representations made in writing to the
Planning Commission and City Council and incorporated by
reference into the Agreement by Paragraphs 12 and 20" . I attach
for your review a copy of the application for PUD Amendment
submitted by Perry Harvey, the authorized representative for the
project. I would point out the following representations to you:
* On Page 1 it is stated that the approved PUD is requested to
be amended by eliminating all of the 13 , 000 square feet of
retail space which was allowed in the prior approval .
* On Page 2 the beneficial effects of eliminating the retail
space are identified. Decreased employees and pedestrian
traffic were noted as having a "calming effect on the busy
intersection of Mill and Main" .
* On Page 3 the proposed retail area of the entire hotel is
listed as "0" square feet. The room count for the historic
hotel is listed as "27" .
The proposed changes to the tea room and hotel unit are not
consistent with the above representations. Putting a retail use
at the corner of Mill and Main is in direct conflict with the
representations made as to reduced pedestrian traffic, and may
affect other representations regarding parking and employee
housing. Adding any retail or office space to the hotel is in
conflict with the representation that there would be no such
space included in the building. Removing one hotel unit is
inconsistent with the approved room count.
The Hotel Jerome PUD and PUD Amendment recognize that the entire
project is a single integral unit which cannot be separated into
hotel and commercial components. The review process always
focused on the design configuration and internal makeup of the
entire project. Impact mitigation was considered based on the
specific itemization of the area and number of all uses. Changes
to the area of any use or the number of uses allowed mean that
the original approval must be amended.
The Hotel Jerome was granted PUD and Conditional use approval in
1983 . It was granted an amended PUD and amended Conditional Use
approval in 1986. The owners must repeat these steps to make the
changes requested in your letter. Additionally, since a change
in use of a hotel unit to commercial use is proposed, it will be
necessary to process a GMQS Exemption for an Historic Landmark,
pursuant to Section 8-104 A, Exemption by Planning Director, or
8-104 B, Exemption by Commission, whichever is applicable.
If the owners of the Hotel decide instead to proceed along the
lines you have outlined in your letter, they will be doing so at
their own risk and the City will view this as a violation of the
PUD Agreement. The terms of Paragraph 15 of the Agreement, which
establish the procedures governing non-compliance with the
Agreement, will be followed should this occur.
Should you wish to schedule a pre-application conference to put
together a land use application to accomplish the proposed
changes, I would be happy to make an appointment with you to do
so, Please give me a call at your earliest convenience.
Sincerely,
Alan Richman
Planning Director
cc: Fred Gannett, City Attorney
janellenitr
PERRY A. HARVEY
601 East Bleeker Street
Aspen, Colorado 81611
( 303 ) 925-4545
April 29 , 1986
Mr . Alan Richman
Director of Planning
City of Aspen
130 South Galena
Aspen , Colorado 81611
Dear Alan :
Pursuant to the requirements of Section 24-8 . 26 of the City of
Aspen Zoning Code, the Hotel Jerome submits this request for certain
specific amendments to the Planned Urban Development for the
Renovation and Addition .
The fallowing changes in conditions since the recordation of
the Agreement create the need tor this request :
1 . HISTORIC: As part of the Listing of the Jerome on the National
Register of Historic Places , the National Park Service approved
the concept of an addition but rejected the design of the
addition with the large bay windows as approved by the City of
Aspen . Thus , a redesign of the addition is necessary.
2 . ANNEX : As approved, the plans called for removing tine Annex and
joining the addition to the north side of the historic Hotel .
With phasing , the Annex was retained for kitchen and employee
housing. A redesign is required to accommodate the continued
existence of the Annex.
3 . PARKING: In 1983 , when the POD was approved, development of a
rariting structure on the. Rio Grande orouerLy has hlann oc to
coincide with the Jerome redevelopment . As the parking
structure is still a future consideration and the Hotel must
have convenient parking , the redesign will provide on-site
parking for employees and guests .
4 . USES : The approved plan has 13 , 000 square feet of retail shops,
4 restaurants with some 450 seats , and 5 , 000 square feet of
meeting space. The current owners wish to eliminate the retail
space, keep only the existing two restaurants and reduce the
meeting space, to be accomplished through a redesign .
f
Mr . Alan Richman
April 29 , 1986
Page 2
What follows is a description of the proposed addition and a
discussion of the impact of these changes to the site and the
community. En conjunction with the description , please refer to trio
chart I have prepared comparing the specifics of the approved and
proposed designs .
The new design more closely reflects the desires of the
National Park Service in echoing many elements of the Historic
building using brick with horizontal banding and arched windows with
the distinctive "eyebrows" of brick. The footprint of the building
has been changed to accommodate retention of the Annex. An area of
open space has been created to provide a break between buildings ,
light for the Silver Queen Dining Room and ventilation for the Annex
housing . The remainder of the building is much the same as
approved , located in the parking area and to the west in the pool
area'.
The approved design called for a tiered setback on Mill Street
and at the corner of Mill and Sleeker . These setbacks were to
reduce the winter shading on Sleeker and to give visual relief to
the facade of the addition on Mill Street. The proposed design
shows a greater setback on Sleeker ( twelve feet ) . The h'i. 11 Street
elevation is no longer setback, due to the need to provide spacious
hotel rooms while maintaining the maximum possible open space .
Access from the historic to the addition was along the eastern
side of the historic into the new. The new access , down the west
side of the historic building, requires a secondary lobby on the
west . This will be glass to detract minimally from the facade . The
Floor Area Ratio (FAR) has changed dramatically from the approved
plan . Retention of the Annex has made the historic portion larger
but the overall FAR has been lowered by 17% . The total project has
been reduced by almost 23 , 000 square feet.
While this is a significant reduction, of greater importance is
the reduced impact on the site and the environs due to the changes
in s reposed uses . Elimination of the retail space will decrease
.'_:iipi ,yetis fie pedestrian traffic , as will the 43 reduction in res-
%,uror,t se.:its . Those ealminci effects on the busy intersection of
Main and mill allow for a more gradual impact to the entire City of
Aspen .
Guest impact on the site and immediate neighborhood has also
been substantially improved . The approved plan had 28 rooms in the
historic building and 77 in the new, with the sole guest drop-off
and pick-up on Main Street. The proposed plan has 27 rooms in the
historic and 67 in the addition, for a reduction of 11 rooms over-
all . A secondary guest delivery and pick-up has been designed off
Sleeker Street in the enclosed parking area . Taxis and special
events vehicles can use this second means of entry to alleviate the
congestion on Main Street .
Mr . Alan Richman
April 29 , 1986
Page 3
HOTEL JEROME
Item Approved Proposed Net Difference
Floor Area Ratio 2 . 7 to 1 2 . 23 to 1 - . 47
Square Footage 128 , 822 106 , 769 - 22 , 053
Historic 42 , 749 43 , 569 + 820
New 86 , 073 63 , 200 - 22 , 873
Parking - On-Site - 0 - 50 + 50
Parking - Square Footage - 0 - 18 , 400 + 18 , 400
Number of Rooms 105 94 - 11
Historic 28 27 - 1
New 77 67 - 10
Open Space 11 , 928 13 , 200 + 1 , 272
Height 51 . 5 53 . 5 + 2
Retail 13 , 000 - 0 - - 13 , 000
Restaurant 4 - 450 sears 2 - 250 seats - 200
Meeting 5 , 000 4 , 000 - 1 , 000
Mr . Alan Richman
April 29 , 1986
Page 4
The room design is a critical element in the addition. They
must be comparable to the rooms in the historic in spaciousness and
sumptuousness . If not, guests unable to reserve nistoric rooms may
choose alternate lodging , creating a problem comparable to the Brown
Palace 's in Denver . The success of the Hotel Jerome with a reduced
number of rooms requires that all the rooms be equal in feel to
those currently existing . Please keep this in mind during your
review of this proposed design .
Originally parking was set at 60 spaces , 35 for employees and
25 for guests . The analysis made several key assumptions : ( 1 ) The
Hotel would provide three limousines and market itself as a central
facility with no need for a car; ( 2 ) the Rio Grande parking lot
would be replaced with a parking structure ; ( 3 ) there would be no
parking on the Jerome site; and, ( 4 ) the off-site employee housing
location was unknown and thus assumed to be a commute.
The proposed plan comes in light of today 's realities . The
limousines and the marketing plan are unchanged. The Rio Grande
parking still exists and there will be fifty spaces on-site.
Finally, the Cortina Lodge has been approved for off-site employee
housing , with eight parking places exactly one block from the Hotel
entrance . Instead of the sole parking facility being the Rio Grande
structure , the Hotel and the one-block vicinity will boast 50 spaces
on-site, 8 employee spaces one block away , and the continued exis-
tence of parking at the Rio Grande . Thus , if we need 35 employee
spaces and 8 are at the Cortina , we need 27 spaces on-site , leaving
23 for guests . For 94 rooms , the ratio of one space for 4 . 1 guest
rooms is marginally better than the approved ratio of one for each
4 . 2 rooms .
The new design provides for better delivery to the Hotel . As
approved , trucks had to pull across Bleeker and back in , stopping
traffic and creating potential problems during the winter . This
improved plan allows trucks to back directly into the parking garage
or directly into two off-street parallel spaces .
The open space has been increased Crom 23 to 27 . 6% . Tne
proposed open space is in three areas : The Jerome garden ; the space
between the historic and new building , on Mill Street; and along
Bleeker Street .
The proposed building is two feet higher at the corner of Mill
and Bleeker . This change is due to the Aspen code , which requires a
parapet of at least 30 inches . The zoning officer has chosen to
interpret the code so that the building height will be measured to
the top of the parapet . The actual building roof is 50 . 5 feet with
36 inches of parapet.
Mr . Alan Richman
April 29 , 1986
Page 5
The construction schedule for Phase II has a best case and fall
back plan . Ideally , construction will begin this summer immediately
after approval is granted . Completion gill be in time for winter
use of the rooms . The winter room use is the critical element. If
construction is delayed so that no rentals will be possible for the
winter of 1986-1987 , then construction will be postponed to the
spring of 1987 for opening in December of 1987 .
Employee generation was estimated to be at 80 , with 30 part-
time and 50 full-time . As the new format will not increase restau-
rant space , these employee projections are still valid . The
Amendment will not alter the approved housing plan for 4 employees
on-site and 15 off-site .
In addition to the Amendment, a variance is requested from the
Planning and Zoning Commission for the trash service area. Area and
Bulk requirements call for a trash service area abutting the Alley.
Section 24 . 3 . 7 (H ) ( 4 ) allows variation of this provision by the Plan-
ning and Zoning Commission. Under Article 24 . 3 . 5 ( b) , we deserve a
variance because we provide for enclosing trash compactors within
the garage and easily moved containers for use by trash personnel .
I look forward to further discussions regarding this improved
redesign of the "Hotel Jerome .
Sincerely,
7- 2(7Ma'("Ye
Perry A. Harvey
PAH/nkb
Attachment - 1
GARFIElD & HEGIfIT, Ea
RONALD GARFIELD* ATTORNEYS AT LAW TELEPHONE
ANDREW V. HECHT** VICTORIAN SQUARE BUILDING (303) 925-1936
WILLIAM K. GUEST, P.C.*** TELECOPIER
ROBERT E. KENDIG 601 EAST HYMAN AVENUE (303) 925-3008
ASPEN, COLORADO 81611 CABLE ADDRESS
°GARHEC"
JANE ELLEN HAMILTON
CATHERINE H. McMAHON****
*also admitted to
New York Bar
also atln011PA to October 14 , 1988
District of Columbia Bar
***also admitted to
Nebraska and Texas Bar
* **also admitted to
Illinois Bar
Alan Richman
off 19 laid
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
RE: Hotel Jerome
Dear Alan:
As you know, the Hotel Jerome ("Hotel") has been
exploring the possibility of replacing the tea room in the Hotel
with a commercial use in conformity with the permitted uses in
the Commercial Core (CC) Zone District in which the Hotel is
located. The Hotel is also interested in changing the use of a
hotel room located at the rear of the first floor because the
location of the room makes it undesirable for such use. The
Hotel wishes to change the hotel suite use to a commercial use.
It is our understanding from discussions we have had
with you that you believe the Hotel must secure conditional use
approval to place commercial uses in the Hotel even though such
uses are permitted uses in the CC zone district. Your belief is
apparently based on oral representations you believe to have been
made on behalf of the Hotel stating that only commercial uses
accessory to the Hotel would be placed in the Hotel .
As you know, the Hotel renovation and expansion were
processed as a Planned Unit Development, and in the course of
such process a definitive PUD Agreement and amendment were
executed. It is our opinion that the Amended PUD Agreement
executed by the City of Aspen and the owners of the Hotel
(recorded at Book 518 , Page 921 of the real estate records of
Pitkin County, Colorado) represents the entire understanding and
agreement between the Hotel and the City as to all obligations
and duties owed to each other, except for those matters contained
in written submissions and representations made in writing to the
Planning Commission and City Council and incorporated by
reference into the Agreement by Paragraphs 12 and 20. It is a
statement of fact that during the course of the renovation and
expansion of the Hotel all retail and commercial uses were
eliminated from the Hotel, but to our knowledge no written
representations were ever made that the Hotel would never
GARFIELD & HECHT, P.G.
Alan Richman
October 14, 1988
Page -2-
reinstate retail or commercial uses in the Hotel nor that the
Hotel agreed to commit itself to a process for approval of such
commercial uses different than that provided in the zoning
regulations in effect at the time of such change.
Therefore, as the installation in the Hotel of
commercial activities which are permitted uses in the CC zone
district does not violate the Amended PUD Agreement nor does it
violate any written representations for future use made on behalf
of the Hotel, the zoning laws of the City of Aspen control .
Thus, the Hotel intends to proceed, in accordance with Sections
5-209 and 7-201 of the Land Use Regulations of the City of Aspen,
to place permitted commercial uses in the former locations of the
tea room and the hotel room suite located at the rear of the
first floor of the Hotel .
Sincerely,
GARFIELD & H� �
HECHT, P. C.
de
At
J Ellen Hamilton
JEH/kg
cc: Richard Butera
Doug Carlson
f
MEMORA4DUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Hotel Jerome
DATE: April 11 , 1983
The Attorney's Office informs me that the work necessary to develop a subdivision
agreement with the applicant is essentially complete. Since all other outstanding
issues relative to this project were decided at your March 28 meeting, it is
appropriate for you to take final action at this time. The correct motion is
as follows:
"Move to adopt Ordinance 5, Series of 1983 on 2nd reading."
"Move to grant final plat and GMP exemption approval to the Hotel Jerome
renovation and addition, subject to the applicant' s recording of the
final plat and subdivision agreement containing langauge to be approved
as to form by the City Attorney."
•
MEMORANDUM
TO : Aspen City Council
FROM : Alan Richman , Planning Office
RE : Hotel Jerome Renovation and Addition
2
DATE : March 2 3 , 1 9 8 3 Approved as to form : . 1 - i
Zoning : The portion of the block facing Main S : r: et is zo cd CC ,
while the portion facing Sleeker Street is zoned :
Lot Size : 47 , 712 square feet
Location : 330 West Main at Mill Street
Applicant's
Request : The Hotel Jerome , as currently exists , consists of 39
hotel units and 20 , 156 square feet of commercial space .
The applicant proposes to renovate the existing building
and to construct a new addition , to result in an additional
70 hotel rooms and 10 , 469 square feet . The total build-
out on the property is anticipated to be in the range of
125 , 000 to 130 , 000 square feet . The anticipated con-
struction schedules includes a May 1 , 1983 commencement
and December , 1984 completion of all work on the site .
There are three concurrent reviews before you tonight to
complete the processing of this application , including
the following :
1 . Final PUD,
2 . Rezoning entire site to CC/PUD - public hearing, and
3 . Exemption of new lodge units and commercial space from
competition under the growth management quota system.
Each of these issues is addressed individually below.
Final PUD
The applicant ' s submission includes a Final PUD plat , a site plan/
landscaping clan and a PUD agreement . The purpose of these documents
is to address the conditions of approval recommended by the Planning
and Zoning Commission on September 7 , 1982 , and to address other
requirements of the Municipal Code . A copy of the P & Z conditions
is attached for your information .
The PUD submission by the applicant requests two variances from the
area and bulk requirements of the CC zone . The height of the build-
ing at the corner of Mill and Sleeker is 57i3 feet above grade ,
whereas the Code limit is 40 feet . The FAR proposed for the site is
approximately 2 . 7 : 1 , while the Code limitation is 2 . 0 : 1 . Each of
these variances has been identified on the plat , as required by the
Code . All other area and bulk requirements of the CC zone , such as
the 25 percent open space requirement and the various setbacks , are
met by this development proposal .
During the review of this final PUD , the Planning Office , Attorney ' s
Office and Engineering Department have made numerous recommendations
for bringing this submission into complete conformance with the Code
and to meet the conditions imposed by P & Z . The applicant has now
brought the drawings and PUD agreement into compliance with statu-
tory requirements , but certain questions still remain as regards the
P & Z conditions . First , the applicant has been working with staff
and the Council to firm up the participation of the Hotel Jerome in
the financing mechanism for the parking garage at the Rio Grande
property . The approach which the City Manager has been pursuing is
tax increment financing , that is , earmarking the increased property
tax revenues which will be generated from the new hotel directly to
this necessary public facility . The agreement proposes that the
applicant will put $ 100 , 000 as a down payment on his share of the
Hotel Jerome Renovati ' and Addition
Page Two
March 23 , 1983
construction and a promissary note guaranteeing the remaining funds
and that the applicant consents to the City ' s marketing of a tax
increment bond which may take the place of payment of the applicant ' s
share of the construction . It appears that the remaining task to
finalize this arrangement and thereby provide the City with the
security it requires to finance the Hotel Jerome ' s portion of the
parking garage is to tighten the language of the agreement to the
satisfaction of the City Attorney.
The other issue which remains is the P & Z condition concerning the
applicant ' s participation in a regrading project on Bleeker Street
if, subsequent to the Hotel ' s occupancy , the service and delivery
vehicles make public use of this street dangerous or impossible .
The applicant has submitted a letter , attached for your review, out-
lining an argument for your waiver of this condition . The arguments
in support of the condition are as follows :
1 . The highest point on the hotel occurs along sleeker Street .
The requested variance from the 40 foot height limitation in the
CC zone may result in shading on Sleeker Street which will increase
the icing on the road and make it more difficult to navigate .
2 . The loading dock for service and delivery vehicles for the
Hotel Jerome has been located (due to internal building constraints)
along the steeply graded portion of Bleeker Street. As these vehicles
make the necessary turning movements to enter and leave the dock ,
traffic will be delayed and during winter may find it impossible to
restart and go up the grade from Mill to Monarch . Furthermore , the
trucks may slide on the icy street and be a hazard to other vehicles
and to pedestrians in the area .
The Council must weigh the arguments advanced by the applicant in
relation to those of the P&Z and decide whether or not to impose
the condition that "the applicant agree to participate with the City
in a project to regrade or otherwise improve Sleeker Street if the
City Engineer finds that the operation of the service and delivery
vehicles for the Hotel Jerome creates an unacceptable impact on
this street for other users" . Should you decide to impose this
condition , it will be necessary to modify the PUD agreement accord-
- ingly. Several other very minor changes to the Plat or PUD Agreement ,
requested by the Engineering Department , are identified in the Planning
Office Recommendations below.
Rezoning
Ordinance 19, Series of 1932 , provides criteria for the review of
applications for rezoning . Each of the appropriate criteria is
addressed below.
A . Compatibility - The Hotel Jerome is located at one of the focal
intersections in the City of Aspen . Its historic role as a meeting
place and community landmark render it the dominant use along Main
Street . With its adjacency to the rest of the commercial core and
its proximity to transit routes it represents an ideal location for
a pedestrian, auto-disincentive type of hotel operation . The topography
of the site ( sloping away from Main Street toward Sleeker) allows the
development of an addition to the existing building which does not
overshadow the prominence of the historic structure .
B . Traffic and Parking Impacts - The applicant has indicated the
presence of a pull-off area for short term parking along Main Street
so that loading and unloading in front of the hotel will not interfere
with traffic on Main Street . A doorman will also be provided to
insure that this area is properly used . A loading dock and trash
compactor for service access has been provided from the Sleeker Street
side of the project . The applicant will provide 60 off-site parking
spaces at the Rio Grande parking structure . The impacts of the
proposal upon traffic on Bleeker Street have been identified above .
The Planning Office believes that the condition recommended by P&Z
to deal with this problem is the appropriate solution . We also
believe that it will be necessary to designate portions of Sleeker
Street as " service vehicle only" areas or for " no on-street parking"
to insure that undue congestion will not take place . Finally , it
Hotel Jerome Renovating- and Addition
Page Three
March 23 , 1983
may be appropriate to reroute traffic in this area by making Bleeker
into a one way street or by control of turning movements ( i . e . , no
left turn onto Mill) . These approaches will be considered by the
Engineering Department in an effort to avoid a potentially costly
regrading project .
C . Analysis of Community Needs - The draft Short Term Accommodations
Report documents the community need for upgrading the quality of Aspen' s lodge
units . This project will provide the community with a first class ,
full service hotel and will renovate the existing 39 rooms while also
adding an additional 70 new rooms , for a total of 109 rooms .
D . Aspen Area General Plan - The Hotel Jerome is located within the
"Central Area" land use category on the 1973 Aspen Land Use Plan .
Zoning this property to CC would be entirely consistent with this
land use designation .
GMP Exemption
This proposal qualifies for an exemption from the GMP under Section
24-11 . 2 (b) of the Code . The applicant is requesting that you exempt
the construction of 70 lodge rooms and 10 , 469 square feet of
commercial space from the GMP , while allowing the reconstruction of
39 existing lodge rooms and 20 , 156 square feet of commercial space .
Please note that the Code requires that the new lodge units and
commercial square footage be deducted from the appropriate quotas .
At the present time , there are no criteria in place for review of
such an exemption . However , in the past we have suggested that an
applicant be required to mitigate the impacts of the planned expan-
sion . In fact , this is the approach we have been following in re-
viewing this application . Two key conditions regarding the approval
of this project have been that the applicant provide four employee
units on-site and 15 employee bedrooms off-site and 60 parking spaces
off-site .
The Planning Office has been informed that the applicant has made
some progress toward obtaining off-site housing but has not yet
secured the required number of bedrooms . We now recognize that with
an anticipated two year time period during which the hotel is under
construction and out of operation , it is unreasonable to require
that all units be obtained during the planning process . We believe
that it is appropriate that the applicant document that the appro-
priate number of bedrooms have been secured and deed restricted prior
to the issuance of a certificate of occupancy . Similarly , we believe
that the applicant should be required to have the parking spaces
operational prior to the issuance of a C .O . The recent contractural
agreement with City Council provides that if the parking garage is
not built by the time the hotel is completed , the City will provide
15 spaces in the Rio Grande lot and 45 spaces at the Golf Course lot
to insure that the above requirement is met .
The applicant has also agreed to meet with the Planning Office on a
semi-annual basis to insure that progress is being made to complete
the conditions of approval of the project . The purpose of this
meeting is not to impose new conditions nor to eliminate existing
conditions ; but instead is to assist the applicant in meeting the
ongoing conditions which were previously imposed so as to smooth the
construction and reopening process and to solve any problems which
may arise along the way in the next 18 months .
Planning Office Recommendation
From the standpoint of the Planning Office and the Engineering Depart-
ment , the Hotel Jerome renovation and addition is in nearly final
submission form and is capable of being approved tonight . However ,
the PUD agreement was not delivered until mid-day on Wednesday ,
March 23 and requires substantial review by the Attorney ' s Office .
Therefore , we are unable to conclusively recommend that you grant
final approval at this time , although we hope to be able to do so
by the time of this meeting . We can , however , state that the
following changes , at a minimum, should be made to the PUD Plat or
Agreement :
Hotel Jerome Renovati( n and Addtion
Page Four
March 23 , 1983
1 . The applicant should be required to provide six foot, rather
than five foot , walks on Bleeker and Monarch and eight foot
walks on Main and Mill .
2 . The applicant will agree to extend a six inch water main from
the existing twelve inch line in Monarch down Bleeker to
service the building and will provide a new fire hydrant on
the southeast corner of Monarch and Bleeker .
3 . The applicant will provide the Engineering Department with the
anticipated construction costs of the various public improve-
ments for their entry into the agreement .
4 . The applicant will otherwise amend the agreement as to form
and content to meet the requirements of the City Attorney .
5 . The applicant will amend the agreement so as to provide for
his participation in the regrading or other improvements to
Bleeker Street if the City Engineer finds that the operation
of the service and delivery vehicles for the Hotel Jerome
creates an unacceptable impact on this street for other users .
On September 7 , 1982 , the Aspen Planning and Zoning Commission
unanimously approved the following motion relative to the
Hotel Jerome Renovation and Addition :
"Move to
1 . Grant Preliminary PUD plan approval ;
2 . Recommend that City Council zone this site CC/PUD ;
3 . Grant conditional use approval for the hotel extension ; and
4 . Recommend that City Council exempt from the GMP the con-
struction of 67 new lodge rooms and 10 ,469 square feet of
commercial space and the reconstruction of 39 lodge rooms
and 20 , 156 square feet of commercial space and that the
total amount of new construction be deducted from the
quota subject to the following conditions :
a . The applicant indicating on the final plat the location
of any easements needed for utility service and ob-
taining assurances from the appropriate agencies that
these easements meet the service needs for the reno-
vation and addition.
b . The applicant specifying the design capacities of the
proposed trash compaction system in conjunction with
final PUD submission.
c . The applicant agreeing to participate with the City in
a project to regrade or otherwise improve Bleeker Street
if the City Engineer finds that the operation of the
service and delivery vehicles for the Hotel Jerome
creates an unacceptable impact on this street for other
users . Participation in this project will be based
upon a before and after analysis of the operation of
this street by the Engineering Department and a pro-
portional sharing of the cost of solving the problem
by the City and the applicant at the discretion of the
City Engineer .
d . The applicant obtaining an encroachment license from
City Council prior to the issuance of a building per-
mit for the planters encroaching into the sidewalk.
e . The applicant agreeing to provide four covenant re-
stricted employee units on-site and a minimum of 15
deed restricted employee bedrooms off-site by construct-
ing new deed restricted units or by purchasing existing
free market units and converting them to deed restricted
status . The applicant agreeing to provide parking for
25 guests and 35 employees at a location off-site
acceptable to the applicant and the City prior to ob-
taining a Certificate of Occupancy for the hotel units .
The applicant will either share in the cost of construct-
ing the Rio Grande Parking structure with the City or
will obtain a site for parking purposes until the
parking structure is completed .
f . The applicant agreeing to meet with the Planning Office
6 months after the date of final approval of this
project and eacll 6 months thereafter until the con-
struction period is complete . The purpose of this
meeting is for the applicant to inform the Planning
Office of the progress in meeting the conditions of
approval of this project . If the Planning Office
deems it necessary , the Planning Office will report to
the Planning and Zoning Commission on the outcome of
this meeting and , if necessary , upon the need for
further conditions relative to this application.
The applicant recognizes that this meeting is not an
opportunity to avoid meeting any of the conditions
of approval , but simply an opportunity to report on
progress and to develop solutions to any problems
which may be encountered during the construction
period .
g . The applicant agreeing to store construction materials
on-site , thereby causing no inconvenience in the
vicinity of the hotel . If there is a need to disrupt
any right-of-way in the area, this inconvenience
should be limited only to Bleeker Street and shall
require the prior approval of the Engineering Depart-
ment to ensure the proper placement of materials and
pedestrian paths .
h . The applicant agreeing to provide new sidewalks along
Main, Monarch and Bleeker Streets and to replace any
portions of the sidewalk and curb which are damaged
as a result of construction and to perpetually care
for all trees planted around the perimeter of the
Hotel Jerome .
i . The applicant working with the City Engineering De-
partment to identify the areas which may be needed
for on-street service vehicle parking and the lo-
cations of existing on-street parking which should be
eliminated on Sleeker Street , as well as any traffic
flows which should be rerouted .
j . The applicant agreeeing to modify , prior to final PUD
approval , in conjunction with the City and to the
satisfaction of the Engineering Department , the length
and width of the vehicle pull-off area on Main Street
so that it does not encroach into the traffic on
Main Street . "
MEMORANDUM
TO: Alan Richman, Planning Office
FROM: Jay Hammond, City Engineering Department
DATE: March 23, 1983
RE: Hotel Jerome Final P. U.D.
Just to update you regarding those items pertinent to the
Hotel Jerome proposed expansion as outlined in my memorandum
of February 25. Subsequent to that memo, I have had several
meetings with representatives of the project including John
Gilmore, Tom Wells, Parry Harvey, and Art Daly. In many
cases it was determined that various concerns of the
Engineering Department could best be addressed at the
building permit stage when sufficient detail would be
available. We have no problem with this approach provided
assurances that our concerns will be addressed can be
incorporated into the P.U.D. agreement. Our discussions
have addressed the following:
1 . Sidewalks - The applicant has clarified his intention of
providing minimum eight foot walks on the Main and Mill
Street frontages . The Engineering Department continues to recommend
that the applicant be required to provide minimum six foot walks
on the Bleeker and Monarch frontages . The applicant will be
providing us with estimates of their anticipated construction
costs of the various public improvements outlined in the P.U.D.
agreement.
2. Utilities - Parry Harvey has solicited input from the various
utilities and, while detail locations and service needs are not
firm at this point, the utilities would appear to be aware of
the project and available to serve it.
The San District is not concerned about possible impact from
chlorinated water.
The applicant is providing further information about on-site
storm water detention.
The project will agree to extend a six inch water main from the
existing twelve inch line in Monarch down Sleeker to service
the building. The applicant also seems agreeable to providing
a new fire hydrant on the southeast corner of Monarch and
Sleeker.
3. Curbs - The applicant is updating the P.U.D. plan to reflect
the understanding between Tom Wells and myself regarding the
new curb line on Main Street .
Page Two
Hotel Jerome Final P.U.D.
March 23, 1983
4 . Off-site Parking - This item would appear to have been
agreed on between the applicant and the Council .
5. Scheduling - Detail scheduling and specific barricade and
right-of-way needs will be provided by the applicant prior to
issuance of the building permit.
JH/co
*
HOLLAND
DENVER OFFICE & HART
WASHINGTON,D.C.OFFICE
SUITE 2900 ATTORNEYS AT LAW SUITE 1200
555 SEVENTEENTH STREET 1875 EYE STREET,N.W.
DENVER,COLORAOO 80202 600 EAST MAIN STREET WASHINGTON,D.C.20006
TELEPHONE(303)575-6000 TELEPHONE 12021466-7340
TELECOPIER(303)575-8261 ASPEN,COLORADO 81611 TELECOPIER(202)466-7354
TELEPHONE(303)925-3476
MONTANA OFFICE WYOMING OFFICE
SUITE 1400 SUITE 500
175 NORTH 27TH STREET 2020 CAREY AVENUE
BILLINGS,MONTANA 59101 CHEYENNE,WYOMING 82001
TELEPHONE(406) 2522166 TELEPHONE(307)632-2160
TELECOPIER(406) 252-1669 March 23 , 1983 TELECOPIER(307)778-8175
ARTHUR C. DAILY S.E.DENVER OFFICE
1303) 925-3476 BUILDING 5-SUITE 4002
5555 OTC PARKWAY
ENGLEWOOD,COLORADO 80111
TELEPHONE(303)575-8350
Aspen City Council
130 South Galena
Aspen, Colorado 81611
Re: Hotel Jerome Renovation and Addition
Dear Council Members:
In connection with his submittal of this project to you for
final approval, John Gilmore respectfully requests that the City
Council waive any requirements pertaining to the Planning and
Zoning Commission ' s condition that the applicant agree to partici-
pate with the City if necessary in "a project to regrade or other-
wise improve Sleeker Street. " The reasons for this request are as
follows:
1 . Conceptual approval of this project contained no
conditions or requirements whatsoever with respect to a potential
regrading of Bleeker Street.
2 . This issue originated in a comment made by one member of
the public at a P & Z hearing. I do not minimize that person' s
concern, but simply wish to point out that the matter was not
considered significant enough to be initiated by any City official
or planning agency.
3 . The problems associated with the Sleeker Street grade
have existed for years, and there is no present evidence that the
new Hotel Jerome will further contribute to these problems.
4 . As a consequence, no meaningful suggestion has been
forthcoming from any person or body involved in this process as to
how to define the Hotel ' s share of the responsibility for resolving
the problem should the City ever actually decide to undertake such
a project.
MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Hotel Jerome Rezoning and Final Plat
DATE: March 14, 1983 APPROVED AS TO FORM: , A s C'/ ` ,A
The public hearing on the rezoning of the Hotel Jerome from i current sl it
status as partly CC and partly 0 - Office to CC/PUD is schedu :. for toni ' t.
Also scheduled is the review of the final plat and GMP exemption for expansion
of a historic structure.
The Planning Office requests that you table these requests until your next
meeting on March 28. We have just received two very substantial memos on the
final plat, one from the Engineering Office and the other from the City
Attorney's Office. The applicant is currently working to complete the submission
to our satisfaction and is not adverse to having you table action for a two
week period. It would be inconsistent with past Council policy for you to
grant a rezoning to the applicant in advance of final plat, or to grant final
plat approval without all details being in compliance with the provisions of
the Municipal Code.
There is a beneficial purpose to which this meeting can be put. Councilmember
Collins called me last week to request a brief presentation of the plans for
the Hotel Jerome in advance of the final consideration of the project. I
will be prepared to present the applicant's drawings to you at your meeting
and have informed the applicant' s representatives of this meeting as well .
Following below is a brief summary of some of the pertinent facts associated
with this proposal :
Zoning - Currently that portion of the property facing Main Street is zoned
CC while that portion of the property facing Bleeker Street is zoned 0. The
proposed rezoning will change the entire property to CC/PUD which will make
the hotel a conditional use and which will provide the PUD flexibility needed
to make the site design work (variance needed for height) . P&Z has recommended
your approval of the rezoning and has granted the applicant permission to
expand a conditional use.
Expansion Plans - The Hotel Jerome property consists of 47,712 square feet,
on which is located 39 hotel rooms and 20,156 square feet of commercial
space. In addition to the reconstruction of these existing uses, the applicant
proposes to build 70 new lodge rooms and an additional 10,469 square feet of
commercial space. The total size of the buildings on the property will be
approximately 125,000 square feet. The additional lodge units and commercial
space is exempt from GMP competition, due to the historic structure' s GMP
exemption (24-11 .2(b)) but must be deducted from the quota at such time as a
building permit is requested.
Conditions - The Planning and Zoning Commission unanimously approved this
application at their meeting on September 7, 1982. The attached motion
reflects the action taken by P&Z, including 10 conditions of approval . The
applicant is currently revising his PUD agreement and PUD plat to conform to
these conditions and the other comments identified by staff based on the
final PUD submission documents.
We hope to use the March 14 meeting to identify any issues surrounding this
project which are of concern to you, thereby permitting us to respond to
these problems in time for the following meeting. This approach will keep
this important project on time for a sping construction date, as has been
proposed within this application.
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
DATE: March 3 , 1983
TO: Alan Richamn
FROM: Gary EsarlggL .
RE : Hotel Jerome Final PUD
Alan, I understand from my meeting with you on March 1 , that the
City Council review of this project scheduled for March 14 is not
likely to take place in part because of the plat deficiencies
noted in Jay Hammond' s memo of February 25. However, in order to
move the project along, I will comment on the materials submitted
thus far while reserving the right to make additional comments on
any new or revised documents later submitted by the Applicant .
1 . The submitted PUD Agreement:
(a) In the first recital , the legal description of the real
property should be broken out and centered.
(b) Jay' s memo deals with the issues I 'm concerned with in
paragraphs 1 , 2 and 3 of the Agreement. For a project of this
size and complexity, it would be well to have the Applicant and
the City in agreement on the specifics of sidewalks , "other physi-
cal improvements" , and construction schedule at the time of final
plat. Once such agreements on specifics are reached, any maps or
charts could be attached to the PUD Agreement as exhibits .
( c) In paragraph 4 , the fifth line should be changed to read
"low income rental and sale price, qualifications and occupancy
guidelines" . The end of the second sentence should read "such
bedrooms in a form approved by the City Attorney and acceptable
for recording" .
(d) Paragraph 5, the off-site parking provisions, are
troublesome. The Owner's obligation to participate in the financ-
ing , construction and operation of a 400-vehicle parking structure
is a major undertaking and I recommend some financial security to
the City to cover this obligation . I 'll leave it to the Applicant
Memo to Alan Richman
March 3 , 1983
Page Two
to bring forward more information on this issue or to suggest a
form the security might take.
(e) Paragraph 6 , the Bleeker Street provision, is trouble-
some also. The City may wish to be reimbursed, at least in part,
for such a traffic survey. I wonder if , statistically speaking , a
single year sample is enough to make conclusive determinations
(especially in light of the recent change in the state law raising
the damage figure below which no accident report must be filed ;
the figure is now $250 and presumably many fender-benders would
fall in this category) . Can "conclusively" be better defined?
Again, if the Owner has an obligation to participate in
improvements to Bleeker Street , shouldn ' t the City have security
for this obligation?
( f) With respect to Paragraph 9 of the proposed Agreement ,
the Owner' s potential obligations with respect to landscaping will
be discussed later in this memo.
2. Article VIII of Chapter 24 :
( a) Section 24-8. 3( e) requires that all variances from zon-
ing code requirements be clearly marked on the plat. I understand
that height is the only variance in this PUD.
( b) Section 24-8 . 5( j ) requires that the PUD plan specify the
manner of holding title to areas and facilities of joint use .
This section applies mainly to subdivisions and condominiumiza-
tions , which the Hotel Jerome is not . However, when this section
is read with Sections 24-8 . 5( c) , 24-8. 19 and 24-8 . 23, the implica-
tion may arise that open space, lobbies , recreation areas , parking
and other potential "joint use" facilities must be separately
dealt with, even in a single-ownership building with standard com-
mercial leases . Whether these matters can be dealt with in the
PUD Agreement or in some separate open space and joint facilities
agreement or in some other way is still an open point with me.
(c) Section 24-8. 6 seems to require that the conditions on
the PUD run with the land, as contrasted to being binding merely
on the Applicant ' s successors and assigns , as the proposed Agree-
ment provides.
(d) The Applicant should be made expressly aware of the 90-
day limit on filing the plat , pursuant to Section 24-8 . 11 (d) .
Memo to Alan Richman
March 3 , 1983
Page Three
( e) Section 24-8 . 14 appears to require an independent docu-
ment setting the amount , percentage, type and operation of open
space, park or recreation areas by independent covenants . If
there is an allowed reduction in open space on this project , the
Applicant should assist the Council in making findings of fact
supporting such a reduction.
( f) Section 24-8 . 16 and Section 24-8 . 19, when read together ,
appear to require, if the City makes certain findings, an agree-
ment document considerably more elaborate than the one proposed.
The Applicant has submitted a landscape plan but Section 24-8 . 16
provides that the City "may require" a 125% guarantee for a maxi-
mum of two years for landscaping. Section 20-16 requies a 100%
guarantee with a 1-year warranty for muncipal improvement . Sec-
tion 24-8 . 19 goes on to provide that the Applicants "shall submit"
a legal instrument setting forth a plan to provide for permanent
care of open space. Paragraph 9 of the proposed Agreement is an
attempt to satisfy this requirement . Paragraph 9 is not as com-
prehensive as the agreement suggested by Section 24-8. 19 , espe-
cially when one considers the Hotel Jerome pool area , gardens and
other recreational facilities , lobbies and joint use areas. Per-
manent maintenance of these facilities must also be addressed .
Either an executive decision or legislative finding will be
necessary to determine to what extent these provisions of the Code
should be applicable to the Hotel Jerome. If these additional
guaranties are necessary, perhaps we should start working on the
forms (for this and other guaranties or security instruments )
rather than approving "in a form acceptable to the City Attorney" .
.(g) Section 24-8 . 17 provides that where a required parking
reduction is granted, certain findings must be made. The Section
also requires the City to "obtain assurances" that the nature of
the occupancy, on which the reduction was granted , will not
change. This question should be specifically addressed in the PUD
Agreement.
(h) The Applicant should prepare the document required by
Section 24-8 . 21 .
( i ) Section 24-8.23 is a whopper. Section 24-8.23( a)
appears to require a separate section in the PUD Agreement outlin-
ing the rights of the City to enforce the Agreement and stipulat-
ing that the rights be cumulative.
Section 24-8 . 23(b) says that enforcement of the Agreement may
be had by residents and occupants of the building but only to the
extent expressly provided in the plan. It is a legislative ques-
Memo to Alan Richman
March 3 , 1983
Page Four
tion as to which , how many and what kind of potential enforcers of
this Agreement are in the best interests of the City. For in-
stance , the City might feel that the City 's interests are best
served if the plan gives leaseholders the right to enforce any of
the provisions of the plan and provides that notice of such rights
be included in the leases. Maybe not .
GSE/mc
MEMORANDUM
1/7----
/ rr
TO: Alan Richman, Planning Office
FROM: Jay Hammond, City Engineer
DATE: February 25, 1983
RE: Jerome Final P.U. D.
I wanted to pass on some comments regarding the Jerome P.U.D.
prior to leaving on vacation next week. The application
that we have received to date is somewhat deficient in
addressing a number of concerns. Some of the information
requested by the Planning Office such as easements and
utility engineering have not been provided at this time.
While the information currently available is not really
adequate for our full review, the documents and drawings
we have received raised a number of concerns that the
applicant should be encouraged to address at this final
P.U. D. stage.
Our review to date of the Jerome Final P.U.D. application
raises the following comments and concerns :
1. Sidewalk - The site plan attached to the application
indicates a six foot width on the sidewalk proposed adjacent
to the new addition along the Mill Street frontage. Resolution
19 of 1975, establishing required sidewalk widths in Aspen,
as well as the high pedestrian usage along Mill would require
provision of an eight foot walk in this area. The Engineering
Department is further of the opinion that sidewalks on all
frontages be as wide as possible due to overall pedestrian
traffic in the area as well as walkers generated by the
project itself.
2 . Utilities - The final P.U.D. plan should indicate any
proposed easements to accomodate public utilities proposed
or currently located on-site.
The Aspen Sanitation District should be solicited for comment
regarding connection of the pool drain. They may be concerned
about the impact of highly chlorinated water on the plant
facility.
The plan should address how altered storm drainage in the
new construction areas will be handled on-site. The applicant
may be required to provide on-site detention and drywells.
The application should indicate all new or upgraded utility
services as underground installations.
The site plan should indicate any proposed water service
installation to provide for necessary flows for the new addition.
Page Two
February 25, 1983
Jerome Final P.U.D.
3. Curbs - I had some discussion with Tom Wells regarding
the revised curb line along the Main Street frontage. It
was our concensus that the revised curb line could serve
both to define and limit the available parking and loading
areas as well as provide a more aesthetic frontage for the
Jerome. The plan should clearly indicate two things : First ,
that in the area where the loading zone is located, the
curb would be closer to the building to better remove parked
trucks and cars from the traffic lanes. Second, that the
new curb protruding into the existing street would do so only
about six feet from the existing curb line. This would
provide for a smooth and protected turning lane from Mill
Street as well as providing less obstruction of the traffic
lanes than parked cars and trucks do now. The plan should
clearly indicate and dimension these changes.
4 . Off-Site Parking - While the long term plan of providing
sixty parking spaces in the Rio Grande structure is a solution
that has been considered and appears acceptable to the City,
the Engineering and Parks departments would not recommend
any restriction of current public parking in either the Rio
Grande or at the Golf Course for use by the Jerome.
5. Construction Scheduling - The construction schedule in the
application is inadequate to address a number of detailed
concerns regarding the logistics of the project. The
proposed construction will be over the entire site. This
will leave little space for access needs as well as storage
or materials. The applicant should indicate how scheduling
of the project, through phasing and other techniques will
accomodate the following:
a. Barricading and provision of pedestrian protection.
b. Excavation access, large truck traffic and staging areas.
c. Delivery and storage of major materials.
d. Construction equipment access and storage.
e. Contractor vehicle parking.
I hope these comments can serve to suggest areas in which
further investigation and information might be appropriate. I
will be back March 7.
JH/co
The Durant Mall 710 Eas' 'rant Street Aspen, Colorado 81611 USA 301/925-2772
IC 71-j[1-1771L,11
i't
FEB 2 8 ,?^i
February 24, 1983 ASPLN i Pi ;J N CO
PLAP,i^11+`4 O FILE
TO: Alan Richman
• FR: Perry Harve
I'I y RE: Hotel Jerome Final Plat Submission
There are several minor changes for the Final Plat Submission in the floor
Intorwest plans and in the Landscape plan.
The most important change is in the number of rooms. The plans from
Preliminary Plat Approval show a "business suite" on the first, second
and third levels of the new building. We plan to divide the three
suites into six lodge rooms , thus increasing the number of new lodge
rooms from 67 to 70 and the total room count from 106 to 109.
The Parking Agreement has been amended to provide interim spaces through
the City if the Hotel opens before the Rio Grande structure. This
arrangement is in the Final PUD Agreement.
The Landscape Plan shows turf on the North Side and East Side in the raised
planters . We want the right to use a ground cover of rock, tree bark, or
planting in these areas rather than turf. The Main Street entry shows five
Aspen Trees. We want to put in three Spruce Trees and two, old-fashioned
lights with perhaps an antique clock on the corner of Main and Mill .
Other than the room total there are no major changes . I include the Landscape
changes for your information.
cc: John Gilmore
Art Daily
MEMORANDUM
TO: Jay Hammond, City Engineering
Gary Esary, City Attorney' s Office
PLANNER: Alan Richman
RE: Hotel Jerome Final PUD
DATE: February 18, 1983
Attached for your review are the materials received to date concerning the
Hotel Jerome Final PUD, including the plat, subdivision agreement and land-
scaping plan. According to my review of the Code, this means that we are
still lacking the following maps:
1 . Locations of existing and proposed easements, utilities and
dedications.
2. Locations of all units, common areas, etc. (i .e. , an internal break-
down and elevations) .
3. Complete engineering plans for water, sewer, streets.
I am in contact with the applicant and will forward these documents to you as
they arrive. Since 1st reading of the Hotel Jerome zoning ordinance took place
on February 14 and 2nd reading will be on March 14 (at which time final plat
° should be granted) , I must have your comments on this application no later than
March 1 or thereabouts.
Thanks.
DENVER OFFICE HOLLAND & HART
WASHINGTON,D.G.OFFICE
SUITE 2900 ATTORNEYS AT LAW SUITE 1200
555 SEVENTEENTH STREET 1875 EYE STREET,N.W.
DENVER,COLORAOO 80202 600 EAST MAIN STREET WASHINGTON,D.C.20006
TELEPHONE(303)575-8000 TELEPHONE 12021466-7340
TELECOPIER(303)575-8261 ASPEN,COLORADO 81611 TELECOPIER(2021466-7354
TELEPHONE(303)925-3476
MONTANA OFFICE WYOMING OFFICE
SUITE 1400 SUITE 500
175 NORTH 27TH STREET 2020 CAREY AVENUE
BILLINGS,MONTANA 59101 CHEYENNE,WYOMING 92001
TELEPHONE(406)252-2166 January 19 1983 TELEPHONE(307)632-2160
TELECOPIER(406) 252-1669 l TELECOPIER(307)778-8175
ARTHUR C. DAILY S.E.DENVER OFFICE
13031 925-3476 BUILDING 5-SUITE 4002
5555 OTC PARKWAY
ENGLEWOOD,COLORADO 80111
TELEPHONE(303)575-8350
City/County Planning Office
Attn: Mr . Alan Richman
130 South Galena
Aspen, Colorado 81611
Re: Hotel Jerome - Renovation and Addition
Dear Alan:
I am transmitting to you herewith four ( 4 ) copies of what I
hope will be the final version of the Planned Unit Development
Agreement pertaining to the captioned project. This draft
incorporates the modifications which you suggested during our
meeting of last November 11 , as well as certain changes and
improvements worked out between Perry Harvey ( on behalf of John
Gilmore ) and the City Manager and City Engineer over the past four
or five weeks. Also enclosed for your information are copies of
two letters from Perry to Wayne Chapman and to Dan McArthur ,
respectively, both dated December 16 , 1982 , which address several
project-related issues. I might point out that while Paragraph 5
of the Agreement refers to fifteen ( 15 ) interim parking spaces to
be allocated for Hotel use at the Rio Grande lot, Perry and Wayne
originally discussed an allocation of twenty ( 20 ) such interim
spaces at this site, and Perry is awaiting Wayne ' s return to town
in order to resolve this remaining point.
It is my understanding that Tom Wells expects to deliver to
you within the next ten days the final drawings which you have
requested in connection with the final approval stage of this
application. Please let me know if anything further is needed in
order to place the matter on the City Council agenda.
Very truly yours,
. f
O r
Arthur C. Daily
for HOLLAND & HART
ACD/jlf
enclosures
cc: Mr . John F. Gilmore
Mr . Thomas Wells
Mr . Perry A. Harvey
HOLLAND & HART
ATTORNEYS AT LAW
DENVER,COLORADO OFFICE WASHINGTON, D.C.OFFICE
555 SEVENTEENTH STREET
1875 EYE STREET,N.W.
600 EAST MAIN STREET
SUITE 2900 SUITE 1200
DENVER,COLORADO 80202 ASPEN,CO LO RADO 81611
WASHINGTON,0.C.20006
TELEPHONE (303) S75-8000 TELEPHONE (303) 925-3476
TELEPHONE(202) 466-7340
TELECOPIER 13031 575-8261 TELECOPIER (202) 466-7354
BILLINGS,MONTANA OFFICE
LARAMIE,WYOMING OFFICE
SUITE 1400 HOLLAND 6 HART S KITE
175 NORTH 27TH STREET November 8 , 1982 n..oM,rvc>narnEavuo
BILLINGS,MONTANA 59101
616 GRAND AVENUE
TELEPHONE (406) 252-2166 LARAMIE,WYOMING 82070
TELECOPIER (406) 252-1669 TELEPHONE (307)742-8203
TELECOPIER (307)792-7618
ARTHUR C. DAILY
(303) 925-3476
City/County Planning Office
Attn: Mr . Alan Richman
130 South Galena
Aspen, Colorado 81611
Re: Hotel Jerome - Renovation and Addition
Dear Alan:
I am hand delivering to you herewith four ( 4 ) copies of the
Final Planned Unit Development Plat and of the Planned Unit
Development Agreement pertaining to the captioned project, together
with a check in the amount of $275 . 00 to cover the required fee.
Please let me know what further materials and/or information you
may need in order to place the final approval phases of this
project on the City Council agenda.
Thanks for your assistance and cooperation.
Very trul yours, ,
Arthur C. Daily"
for HOLLAND & HART
ACD/jlf
enclosures
cc: Mr . John F. Gilmore
Mr . Thomas Wells
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alan Richman, Planning Office
RE: Hotel Jerome Renovation and Addition
DATE: August 26, 1982
Zoning: The portion of the block facing Main Street is zoned CC while the
portion facing Bleeker Street is zoned 0.
Lot Size: 47,712 square feet.
Location: 330 West Main at Mill Street.
Applicant's
Request: There are four concurrent reviews before you at this time, including
the following:
1 . Preliminary PUD - public hearing.
2. Rezoning entire site to CC - public hearing (note: rezoning
application is being sponsored by City Council ).
3. Expansion of hotel as a conditional use - public hearing.
4. Exemption of lodge units from the GMP.
As you may recall , we were unable to open the public hearings associated
with items 2 and 3 at your last meeting due to some public notice
deficiencies. These problems have now been rectified and we can
therefore continue the public hearing on item 1 and open that associated
with items 2 and 3.
Conditions
of Concep-
tual Approval :
The City Council conceptual approval of this project was granted
subject to the following conditions:
1 . The applicant agreeing to provide parking for 25 guests and
35 employees at an off-site location to be precisely determined
by the applicant and the City. Should Council agree to coordinate
the timing of the Rio Grande parking structure and Hotel Jerome
construction, then the applicant should be required to partici-
pate proportionately in the cost of construction of the structure,
based on the need for 60 spaces. Should such an arrangement
not be found to be workable, the applicant should lease a
site nearby. In either case, the applicant should provide
valet parking arrangements for guests of the hotel ;
2. The applicant agreeing to provide four deed restricted employee
units within the hotel and to work with both the City and
County Housing Departments to develop an equitable arrangement
to provide deed restricted housing for an additional 15
employees of the hotel at a location acceptable to the City,
to include a minimum of 15 bedrooms;
3. The applicant making every effort to store construction materials
on site, thereby causing no inconvenience in the vicinity of
the hotel . If there is a need to disrupt any right-of-way in
the area, this inconvenience should be limited only to Bleeker
Street.
Memo: Hotel Jerome Renovation and Addition
Page Two
August 26, 1982
4. The applicant agreeing to install inside the loading dock an
industrial-type trash compaction facility to handle all solid
waste generated at the hotel .
5. The applicant agreeing to provide new sidewalks along Main,
Monarch and Bleeker, as well as curb and gutter as needed.
If construction causes any damage to the new sidewalk and
curb along Mill Street, the applicant should be required to
replace those sections. The applicant also agrees to perpetual
care for all trees planted on Main Street.
6. The applicant agreeing to provide detailed information at the
preliminary plat stage regarding the height, mass and bulk of
the proposed additions in relation to the request for rezoning
and expansion of a conditional use. The applicant is also
expected to provide at that stage of the review process detailed
plans regarding the exact number of rooms requested and a
breakdown of square footage in terms of hotel rooms, commercial
space, mechanical space and other uses. Lastly, the applicant
should provide detailed arrangements specifying how parking and
employee housing needs of the Hotel Jerome as outlined above
are to be met.
7. The applicant providing a detailed solution to the traffic
circulation problems anticipated on Main and/or Mill Streets.
City Council does not approve of the P & Z suggestion that a
second major Hotel entrance be placed on Mill Street, instead
requesting that a sufficiently large pull-off area be maintained
on Main Street (preferably more than two car spaces).
Review
Comments: Following is a summary of the major comments concerning each of
the individual reviews identified previously.
1 . Preliminary PUD
The basic utilities to serve this project are already in place but
from comments received it is apparent that new service lines and
connections will be required to serve the expansion plans. Specifically,
the Aspen Water and Electric Departments and Rocky Mountain Natural
Gas have indicated that minor service changes will be necessary to
meet the needs of the renovation and addition. We recommend that the
applicant be required to indicate on the final plat the location of
any easements needed for utility service and to obtain assurances
from the appropriate agencies that these easements meet the service
needs for the renovation and addition.
The Engineering Department has indicated that the applicant has
responded to most concerns identified at the conceptual review
stage. The Engineer requests that the applicant further specify the
design capacities of the proposed trash compaction system in conjunction
with final PUD submission. Furthermore, before preliminary PUD
approval is granted, the applicant should submit a proposed development
schedule, as is required by the Code at this stage of the review
process. Finally, the Engineer notes that while the applicant does
intend to provide sidewalks around the entire project, as was required
at conceptual review, it appears to show planters encroaching into
the right-of-way. The applicant will need to obtain an encroachment
liscense from City Council for these planters. The applicant should
also consider providing sidewalks in excess of five feet in width on
Bleeker and Monarch (greater than normally required) due to expected
pedestrian activity in this location.
The Planning Office notes that Section 24-8.3 of the Code permits
variations from the area and bulk requirements of the Code for
Planned Unit Developments. We note that the building height at the
northeast corner (Mill and Bleeker) is 511/2 feet above grade,
Memo: Hotel Herome Renovation and Addition
Page Three
August 26, 1982
well in excess of the Code requirement of 40 feet. The FAR for the
site, at approximately 2.6:1 is also well in excess of the 2.0:1
maximum allowable. The applicant does meet the 25 percent open
space requirement due to land reserved for the outdoor dining area
and pool , although this area does not specifically conform as "green
space" . Finally, the Planning Office notes that the applicant' s
letter dated July 16 specifically agrees to meet the conditions of
conceptual approval which will be formally realized by the submission
of a PUD agreement, to be entered into with the City Council , while
the letter dated August 17 suggests a construction initiation date
of May 1 , 1983, with 12 months of basic construction work and an
additional 6 months for final landscaping, fixturing and furnishing.
All work is expected to be completed by Christmas of 1984.
2. Rezoning
Ordinance 19, Series of 1982 provides criteria for the review of
applications for rezoning. Each of the appropriate criteria is
addressed below.
A. Compatibility - The Hotel Jerome is located at one of the focal
intersections in the City of Aspen. Its historic role as a meeting
place and community landmark render it the dominant use along Main
Street. With its adjacency to the rest of the commercial core and
its proximity to transit routes it represents an ideal location for
a pedestrian, auto-disincentive type of hotel operation. The topography
of the site (sloping away from Main Street toward Bleeker) allows
the development of an addition to the existing building which does
not overshadow the prominence of the historic structure.
B. Traffic and Parking Impacts - The applicant has indicated the
presence of a pull-off area for short term parking along Main Street
so that loading and unloading in front of the hotel will not interfere
with traffic on Main Street. A doorman will also be provided to
insure that this area is properly used. A loading dock and trash
compactor for service access has been provided from the Bleeker
Street side of the project. The applicant will provide 60 off-site
parking spaces at the Rio Grande parking structure. A conversation
with Wayne Chapman, City Manager, suggests the City' s intention to
begin work on such a structure within the next 12 months. Wayne
will attend this meeting to report to you on the progress regarding
this very important project.
During the meeting on August 17, the issue of traffic impacts upon
Bleeker Street from service vehicles was the focus of much of the
discussion. Several points were made at the time, including the
following:
1 . The loading dock entrance is located close to the Bleeker
and Mill Street intersection on a steep grade. This grade will
likely cause problems for trucks which must back up into and/or
out of the dock and for the other vehicles in the area which will
stack up at Mill or Monarch Streets.
2. The access problem on Bleeker Street may be compounded by
the height of the proposed building which could cause additional
shading on Bleeker and thereby inhibit ice melting. With ice
on this difficult hill it will be even more problematic for trucks
and cars to maneuver in this restricted right-of-way.
3. The presence of on-street parking on Bleeker Street further
compounds the traffic flow situation. It may be necessary to
restrict a certain amount of this space to service vehicle parking
to permit truck stacking.
Memo: Hotel Jerome Renovation and Addition
Page Four
August 26, 1982
In essence the problem created by the rezoning is one of moving
the central core one-half block further north. The Planning Office
discussed this concern with the Engineering Department and we
generally concurred that the issues raised regarding Bleeker Street
are valid. We can envision several ways of mitigating these problems,
some of which are not practical solutions to the problem. Our
alternative approaches include the following:
1 . Require service vehicle access through the alley via Monarch
Street. This approach is impractical as it would destroy the
lobby concept for the hotel which links the existing and proposed
buildings.
2. Require the applicant to regrade Sleeker Street. This alternative
would likely be economically prohibive as it would entail numerous
utility relocations and a major road construction project in addition
to the expense of the hotel renovation and addition.
3. Move the service entrance further west to avoid the hill . While
this approach may require some internal design shifts, we believe
that the nature of the potential traffic and accident problems
on Sleeker Street require a drastic solution such as this.
4. Eliminate the on-street parking along Bleeker Street and
designate areas for service vehicle parking. This approach should
also be implemented to provide opportunities for truck stacking.
While this action will eliminate additional parking in the area,
we feel that it is a necessary trade-off to avoid a highly dangerous
situation. Furthermore, we believe that the construction of the
parking structure at the Rio Grande will help to compensate for
the loss of parking on Sleeker, Monarch and Main Streets due to
this project.
C. Analysis of Community Need - The Draft Short Term Accommodations
Report documents the community need for upgraded quality of lodge
units. This project will provide the community with a first class,
full service hotel and will renovate the existing 39 rooms while
also adding an additional 67 new rooms, for a total of 106 rooms.
D. Aspen Area General Plan - The Hotel Jerome is located within the
"Central Area" land use category on the 1973 Aspen Land Use Plan.
Zoning this property to CC would be entirely consistent with this
land use designation.
3. Conditional Use Expansion
Section 24-3. 3 of the Municipal Code provides criteria for the
review of the hotel expansion as a conditional use in the CC zone.
Each of the appropriate criteria is addressed below.
A. Compliance with Zoning Code - As a PUD, it is permissable for
this expansion to vary the requirements of the zoning code. As an
individually historically designated structure, the hotel may be
expanded without competing under the GMP. The project is consistent
in all other ways with our zoning regulations.
B. Consistency with Zoning District - The intent of the CC zone
district is "To allow the use of land. . .to enhance the business and
service character in this central core of the city. " As a full
service hotel , including restaurant, bar, shops, meeting rooms and
entertainment areas, we believe that this project will enhance the
business and service character of the core for both tourists and
residents.
C. Land Use Compatibility - This issue was addressed above as part
of the review of rezoning criteria.
Memo: Hotel Jerome Renovation and Addition
Page Five
August 26, 1982
4. GMP Exemption
This proposal qualifies for an exemption from the GMP under Section
24-11 .2(b) of the Code. The applicant is requesting that you exempt
the construction of 67 lodge rooms and 10,469 square feet of commercial
space from the GMP, while allowing the reconstruction of 39 existing
lodge rooms and 20,156 square feet of commercial space.
At the present time, there are no criteria in place for review of
such an exemption. However, in our proposed revisions to this
section, we have suggested that an applicant be required to mitigate
the impacts of the planned expansion. In fact, this is the approach
we have been following in reviewing this application. Two key
conditions regarding the conceptual approval of this project have
been that the applicant provide four employee units on-site and 15
employee bedrooms off-site and 60 parking spaces off-site.
The Planning Office has been informed that the applicant has made
some progress toward obtaining off-site housing but has not yet
secured the required number of bedrooms. We now recognize that with
an anticipated two year time period during which the hotel is under
construction and out of operation, it is unreasonable to require
that all units be obtained during the planning process. We believe
that it is appropriate that the applicant document that the appropriate
number of bedrooms have been secured and deed restricted prior to
the issuance of a certificate of occupancy. Similarly, we believe
that the applicant should be required to have the parking spaces
operational prior to the issuance of a C.O.
To insure that the applicant is making progress toward completion of
these requirements and to provide an opportunity for public infor-
mation concerning this very sensitive project, we recommend that you
require the applicant to meet with the Planning Office on a semi-
annual basis to report on the progress being made in meeting the
conditions of approval . If there is any need for us to report to
you on the project, we would do so and offer you an opportunity
to comment, recognizing that this would not be a time for the
applicant to avoid compliance with any previously established conditions.
We believe this approach will help to smooth the construction and
reopening process for the applicant and provide the City with assurances
that all conditions of this complex approval are being met.
Planning
Office
Recommendation:
The Planning Office recommends that you take the following actions:
1 . Grant Preliminary PUD plan approval .
2. Recommend that City Council zone this site CC.
3. Grant conditional use approval for the hotel expansion.
4. Recommend that City Council exempt from the GMP the construction
of 67 new lodge rooms and 10,469 square feet of commercial
space and the reconstruction of 39 lodge rooms and 20,156
square feet of commercial space and that the total amount of
new construction be deducted from the quota subject to the
following conditions:
a. The applicant indicating on the final plat the location of
any easements needed for utility service and obtaining
assurances from the appropriate agencies that these easements
meet the service needs for the renovation and addition.
b. The applicant specifying the design capacities of the
proposed trash compaction system in conjunction with final
PUD submission.
Memo: Hotel Jerome Renovation and Addition
Page Six
August 26, 1982
c. The applicant modifying the design to move the entrance into the
loading dock further west along Bleeker Street so that its users
can avoid the steep grade in this area. Should the applicant be
unable to relocate the entrance to fully avoid the hill , the
applicant should work with the City to design an alternative
solution involving both relocation of the entrance and some
regrading of Bleeker Street.
d. The applicant obtaining an encroachment license from City Council
for the planters encroaching into the sidewalk.
e. The applicant agreeing to provide four deed restricted employee
units on-site and a minimum of 15 deed restricted employee
bedrooms off-site by constructing new deed restricted units or
by purchasing existing free market units and marketing them to
deed restricted status. The applicant agreeing to provide
parking for 25 guests and 35 employees at a location off-site
acceptable to the applicant and the City prior to obtaining a
Certificate of Occupancy for the hotel units. The applicant
will either share in the cost of constructing the Rio Grande
Parking structure with the City or will obtain a site for parking
purposes until the parking structure is completed.
f. The applicant agreeing to meet with the Planning Office 6 months
after the date of final approval of this project and each 6
months thereafter until the construction period is complete. The
purpose of this meeting is for the applicant to inform the
Planning Office of the progress in meeting the conditions of
approval of this project. If the Planning Office deems it
necessary, the Planning Office will report to the Planning and
Zoning Commission on the outcome of this meeting and, if necessary,
upon the need for further conditions relative to this application.
The applicant recognizes that this meeting is not an opportunity
to avoid meeting any of the conditions of approval , but simply
an opportunity to report on progress and to develop solutions to
any problems which may be encountered during the construction
period.
g. The applicant agreeing to store construction materials on-site,
thereby causing no inconvenience in the vicinity of the hotel .
If there is a need to disrupt any right-of-way in the area, this
inconvenience should be limited only to Bleeker Street and shall
require the prior approval of the Engineering Department to
ensure the proper placement of materials and pedestrian paths.
h. The applicant agreeing to replace any portions of the sidewalk
and curb which are damaged as a result of construction and to
perpetually care for all trees planted around the perimeter of
the Hotel Jerome.
i . The applicant working with the City Engineering Department to
identify the areas which may be needed for on-street service
vehicle parking and the locations of existing on-street parking
which should be eliminated on Bleeker Street.
•
01 41. A-N D & 11 APT
ATTORNEYS AT LAW
DENVER,COLORADO OFFICE WASHINGTON,D.C.OFFICE
555 SEVENTEENTH STREET 1675 EYE STREET.N.W.
600 EAST MAIN STREET
SUITE 2900 SUITE 1200
ASPEN,COLORADO 6161
DENVER,COLORADO 80202 WASHINGTON,D.C.20006
TELEPHONE 13031 575-8000 TELEPHONE (303) 925-3476 TELEPHONE(202)466.7340
TELECOPIER 1303) 575-8261 TELECOPIER (2021 466-7354
BILLINGS,MONTANA OFFICE LARAMIE,WYOMING OFFICE
SUITE 1400 HOLLAND& HART& KITE
175 NORTH 27TH STREET nit° x6 284N.cnsxie
BILLINGS,MONTANA 59101 616 GRAND AVENUE
TELEPHONE (406) 252-2166 July 16 , 1982 LARAMIE,WYOMING 82070
TELECOPI ER (406) 252-1669 TELEPHONE 1307)742-8203
TELECOPIER (307)792-7616
ARTHUR C. DAILY
(303) 925-3476
Alan Richman , A. I .C . P. , Asst . Director
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen , Colorado 81611
Re : Hotel Jerome - Renovation and Addition
Dear Alan:
On behalf of John F. Gilmore , owner of the Hotel Jerome
property, and pursuant to the pertinent provisions of the Aspen
Municipal Code , we are submitting to you herewith for consideration
by the appropriate City authorities twenty-one ( 21 ) sets of
detailed plans for the captioned project , together with a check in
the amount of $130 . 00 representing the balance of the fees due in
connection therewith . In light of the conceptual approvals already
given this project by the Aspen Planning and Zoning Commission and
the Aspen City Council , please consider the present submittal a
formal application for review of the four ( 4 ) following-described
phases of Mr . Gilmore ' s proposal , to wit:
1 . Application for approval of the Preliminary Plan of the
proposed Planned Unit Development Subdivision ( "PUD" ) of the
subject property , pursuant to Sections 24-8 and 20-12 of the Aspen
Municipal Code ;
2 . Application to amend the Zoning District Map so as to
effect the rezoning of the North half ( Ny ) of the subject property
to Commercial Core ( CC) , pursuant to Section 24-12 of the Aspen
Municipal Code . It should be noted that since the Aspen City
Council has agreed to sponsor this amendment , the application is
not subject to the private landowner initiation deadlines set forth
in the Code;
3 . Application for a permit for expansion of an already
approved conditional use of the subject property , pursuant to
Section 24-3 . 3 of the Aspen Municipal Code ; and
G
1-Joll ANI &IIAxT
Alan Richman
July 16 , 1982
Page 2
4 . Request for exemption from compliance with the allotment
procedures of the Growth Management Quota System contained in
Article XI of Section 24 of the Aspen Municipal Code , under and by
virtue of the exception established in Code Section 24-11 . 2( b) for
"the enlargement of , or change of use in , a structure which has
received individual historic designation" , and the current H,
Historic Overlay District Map of the City of Aspen .
Further in connection with this proposal , please be advised
that Mr . Gilmore is prepared and hereby agrees to perform the
following conditions to conceptual approval prior to being entitled
to a Certificate of Occupancy for the subject project :
( a) Applicant shall provide sixty ( 60 ) off-site
automobile parking spaces for hotel guests and employees , such
spaces tentatively to be located in the proposed City parking
structure on the Rio Grande property . If the City coordinates the
construction of this structure with the development of the
captioned project , the Applicant shall participate proportionately
( based on the need for 60 spaces) in the cost of construction
thereof . If the coordination of these projects is determined not
to be feasible , Applicant shall provide the required spaces at
another nearby site to be selected by him;
( b) Applicant shall provide fifteen ( 15 ) off-site deed
restricted employee housing units , such units to include a minimum
of fifteen ( 15 ) bedrooms , in a location or locations acceptable to
the City;
(c ) Applicant shall repair or replace as appropriate any
portion( s) of new or existing sidewalks , curbs and/or gutters on
streets adjacent to the subject project , which may be damaged
during construction , and shall care for in perpetuity all trees
planted along that part of Main Street which abuts the subject
property; and
(d ) Applicant shall provide an adequate vehicular pull-
off area at the Hotel entrance on Main Street .
Mr . Gilmore further agrees to submit to you on or before
July 23 , 1982 a draft of a proposed Subdivision and Planned Unit
Development Agreement for the captioned project , which Agreement
shall encompass the foregoing covenants and such other matters as
may be appropriate .
IloLLANI &HART
Alan Richman
July 16 , 1982
Page 3
After you have had an opportunity to review the enclosed
materials , we would appreciate your informing us as to what , if
any, additional data or procedures will be necessary in order to
place these matters before the appropriate City agencies.
Thanks for your consideration and assistance .
Very truly yours ,
Arthur C . Daily
for Holland & Hart
ACD/jlf
enclosures
cc : Gary Esary, Esq .
Mr . John F. Gilmore
Thomas Wells & Associates/Architects
■
PLANNED UNIT DEVELOPMENT AGREEMENT
HOTEL JEROME - RENOVATION AND ADDITION
THIS AGREEMENT, made and entered into this day of
, 1983 , by and between the CITY OF ASPEN , COLORADO,
a municipal corporation (hereinafter referred to as "City" ) , and
JOHN F. GILMORE (hereinafter referred to as "Owner " ) ,
W I T N E S S E T H
WHEREAS , Owner has submitted to the City for approval ,
execution and recording a Final Planned Unit Development Plat
(hereinafter referred to as the "Plat" ) pertaining to the
development of a project known as the "Hotel Jerome - Renovation
(
and Addition" (hereinafter referred to as the "Project" ) on a
parcel of real property described as Lots A, B, C, D, E, F, G, H,
I , 0, P, Q, R, S and the East 20 feet of Lot N , Block 79 ,
together with the East 170 .78 feet of the vacated alley in said
Block 79 , City and Townsite of Aspen, County of Pitkin, State of
Colorado; and
WHEREAS , the subject property is located within an area of
the City zoned CC Commercial Core; and
WHEREAS , the City has fully considered said Plat, the
proposed development and improvement of the land therein, and the
burdens to be impose6 upon other adjoining or neighboring
properties by reason of the proposed development and improvement
of land included in the Plat; and
WHEREAS , the City is willing to approve, execute and accept
for recordation said Plat upon the agreement of Owner to the
matters hereinafter described, and subject to all the
requirements , terms and conditions of the City of Aspen
Subdivision Regulations now in effect and such other laws, rules
and regulations as are applicable; and
WHEREAS , the City has imposed conditions and requirements in
connection with its approval , execution and acceptance for
recordation of the Plat, and such matters are necessary to
protect, promote and enhance the public welfare; and
WHEREAS , under the authority of Section 20-16 ( c) of the
Aspen Municipal Code, the City is entitled to assurance that the
matters hereinafter agreed to will be faithfully performed by
Owner; and
WHEREAS, Owner is willing to enter into such agreement with,
and to provide such assurance to, the City.
NOW, THEREFORE , in consideration of the premises, the mutual
covenants herein contained , and the approval , execution and
acceptance of the Plat for recordation by the City, it is agreed
as follows:
1 . Sidewalks , Curb and Gutter . Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall construct
new sidewalks along the entire Project frontages on Main,
Monarch, and Sleeker Streets, together with curb and gutter as
needed, according to normal City specifications. In addition,
Owner shall repair or replace any existing (or newly installed)
sidewalks, curb or gutter that may be damaged during
construction. The current estimated cost of such improvements is
agreed by the City Engineer to be $
2. Other Physical Improvements. Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall provide and
install such water lines and fire hydrants, sanitary sewer lines ,
storm drainage improvements and storm sewers, and such other Code
Section 20-16 ( a) physical improvements, as may be required in
connection with the Project and according to normal City
specifications. The current estimated cost of such improvements ,
including sewer and water taps and related fees, is agreed by the
City Engineer to be $
3 . Construction Schedule; Financial Assurances. Owner
anticipates that construction of the Project will commence during
May of 1983 and be completed during December of 1984 . In order to
secure the performance of the construction and installation of the
improvements described in Paragraphs 1 and 2 above, and to
-2-
guarantee one hundred (100% ) percent of the current estimated cost
of such improvements agreed by the City Engineer to be $
Owner shall guarantee through a conventional lender , or by sight
draft or letter of commitment from a financially responsible lender
( irrevocable until such construction is completed ) that funds in
the amount of such estimated cost are held by it for the account of
Owner for the construction and installation of the above-described
improvements. Said guaranty shall be delivered to the City prior
to the issuance to Owner of a building permit for the Project,
shall be in a form acceptable to the City Attorney and the City
Manager , and shall give the City the unconditional right, upon
default by the Owner , to withdraw funds upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party. As portions
of the required improvements are completed, the City Engineer shall
inspect them, and upon approval and acceptance, he shall authorize
the release from the guaranty delivered by Owner of the agreed
estimated cost for that portion of the improvements except that ten
percent (10% ) of the estimated cost shall be withheld until all
proposed improvements are completed and approved by the City
Engineer . Furthermore, Owner hereby agrees to warranty all such
improvements for a period of one ( 1 ) year after acceptance thereof
by the City.
4 . Employee Housing. Prior to the issuance of a
Certificate of Occupancy for the Project, and as a condition
precedent thereto, Owner agrees to and shall provide a minimum of
fifteen (15 ) off-site employee bedrooms, deed restricted to City
low-income rental and resale price and occupancy guidelines, in a
location or locations acceptable to the City, by constructing new
deed restricted units or by purchasing existing free market units
and converting them to deed restricted status . In addition,
Owner shall provide four (4 ) covenant restricted employee
bedrooms within the Project itself, and shall deliver to the City
-3-
an appropriate written covenant covering such bedrooms in a form
acceptable for recording . Finally, should the Owner decide to
provide more than four ( 4 ) such covenant restricted employee
bedrooms within the Project itself, Owner ' s off-site employee
bedroom requirement shall be reduced exactly by the number of
covenant restricted employee bedrooms in excess of four (4 )
provided within the Project itself .
5. Off-site Parking. Owner agrees to and shall provide
sixty (60 ) off-site automobile parking spaces for hotel guests
and employees , such spaces eventually to be located in the
planned City 400-vehicle parking structure on the Rio Grande
property. At such time as the City undertakes the construction
of this structure, Owner shall participate proportionately (based
on the need for 60 spaces) in the financing thereof . In other
words, Owner shall bear his proportionate share of ( i ) the
initial funds required for such structure, and ( ii ) the term
financing arranged for by the City to cover the balance of the
cost of construction thereof . In addition, Owner shall be
responsible for his proportionate share of the annual costs and
expenses of operating, maintaining and repairing such structure .
In the event the Project is ready to open to the public prior to
the completion of the parking structure, the City shall in the
interim provide fifteen ( 15 ) unassigned parking spaces at the
existing Rio Grande lot for use by Owner ' s employees and forty-
five ( 45 ) parking spaces at the existing Golf Course lot for use
by Owner ' s guests. During such interim period Owner shall be
responsible for the storage and retrieval of the Golf Course lot
vehicles and for the supervision of Hotel vehicles in the Rio
Grande lot.
6 . Bleeker Street. There is some concern that following
completion of the Project the service and delivery vehicle
operations of the expanded Hotel Jerome will aggravate the
P
already hazardous winter traffic situation on the relatively
-4-
steep grade on Bleeker Street between Monarch and Mill Streets.
Owner agrees to cooperate with the City to investigate and to
mitigate if necessary any material impact which such new Hotel
service and delivery vehicle activities may have on this existing
situation. In order to determine what, if any, impact the
service and delivery vehicle operations will actually have on the
problem, the City agrees to have its Engineering Department
conduct a study of traffic volume and accident frequency at the
Bleeker Street/Mill Street intersection during the winter of
1982-83 and again during the first winter the expanded Hotel
Jerome is open for business. In the event these studies show
conclusively that the expanded Hotel ' s normal service and
delivery vehicle operations aggravate the current situation, the
City shall first implement some or all of the following measures:
the elimination of parking along Bleeker Street; the
implementation of one-way traffic on Bleeker Street between
Monarch and Mill Streets; restriction of right turns from Mill
Street onto Bleeker Street; and the reinstatement of right turns
on red southbound from Mill Street onto Main Street. If these
measures, singly or in combination and together with any others
which might improve the Bleeker Street situation without
construction work, serve to return traffic accidents to a level
not materially higher than that experienced during the 1982-83
winter season, Owner shall have no obligation to participate in
any regrading or other physical improvement of Bleeker Street.
However , if these measures do not have such a result, Owner
agrees to participate with the City in a project to regrade or
otherwise improve the indicated portion of Sleeker Street. The
extent of Owner ' s participation in such project shall be based
upon the Engineering Department' s before-expansion and after-
expansion analyses of accident frequency on the Sleeker Street
grade.
-5-
7 . Planter Encroachments. Owner agrees to obtain such
approvals and/or licenses as may be necessary with respect to
planters which encroach into public sidewalks, prior to the
issuance of a building permit for such planters.
8 . Periodic Project Reviews. Owner agrees that every six
( 6 ) months following the date of final City approval of this
Project until the construction thereof is complete, he will meet
with the City Planning Office for the purpose of informing the
Planning Office as to his progress in meeting the conditions to
such final project approval . If the Planning Office deems it
necessary, the Planning Office will report to the City Planning
and Zoning Commission on the outcome of one or more of these
meetings. The Owner recognizes that these meetings are not
opportunities to avoid complying with conditions to final
approval , but are for purposes of providing progress reports and
developing mutually acceptable solutions to any problems that may
be encountered during the construction period .
9 . Tree Care. Owner agrees that it shall be the perpetual
responsibility of the owner or owners from time to time of the
Hotel Jerome property to care for all trees, shrubs , and other
plants which may be planted around the perimeter of the Hotel
Jerome.
10 . Sleeker Street Parking and Traffic Flow. Owner agrees
to work with the City Engineering Department in order to identify
( i ) the areas on Bleeker Street which will be needed for on-
street service vehicle parking and ( ii ) the locations of existing
on-street parking on Bleeker Street which ought to be eliminated,
and in order to determine which ( if any) traffic flows should be
rerouted.
11 . Binding Clause. The provisions hereof shall be binding
upon and shall inure to the benefit of the Owner and the City and
their respective successors and assigns.
-6-
12 . Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado
and the Municipal Code of the City of Aspen.
13 . Severability. If any of the provisions of this
Agreement or any paragraph, sentence, clause, phrase, word or
section or the application thereof in any circumstances is
invalidated, such invalidity shall not affect the validity of the
remainder of the Agreement and the validity of any such
provision, paragraph, sentence, clause, phrase, word or section
under any other circumstances shall not be affected thereby.
14 . Entire Agreement; Amendment. This Agreement contains
the entire understanding and agreement between the parties herein
with respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written
instrument executed by each of the parties hereto.
15 . Acceptance of Plat. Upon execution of this Agreement
by all parties hereto, the City agrees to approve and execute the
Final Planned Unit Development Plat for the Hotel Jerome-
Renovation and Addition, and to accept the same for recordation
in the Recording Office of Pitkin County, Colorado, upon payment
of the recordation fees and costs to the City by Owner .
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
CITY: CITY OF ASPEN , a Colorado
Municipal Corporation
By
Herman Edel , Mayor
ATTEST:
Kathryn S . Koch, City Clerk
APPROVED AS TO FORM:
Paul J . Taddune, City Attorney
-7-
OWNER:
John F. Gilmore
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The foregoing was acknowledged before me this day of
, 1983 by Herman Edel , as Mayor , and Kathryn S . Koch, as
City Clerk , of the City of Aspen, State of Colorado.
Witness my hand and official seal .
My commission expires on:
Notary Public
Address
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The foregoing was acknowledged before me this day of
, 1983 by John F. Gilmore.
Witness my hand and official seal .
My commission expires on:
Notary Public
Address
-8-
4-lt-83
PLANNED UNIT DEVELOPMENT AGREEMENT
HOTEL JEROME - RENOVATION AND ADDITION
L
THIS AGREEMENT, made and entered into this day of
April, 1983, by and between the CITY OF ASPEN, COLORADO, a munici-
pal corporation and home-rule city (hereinafter referred to as
"City" ) , and JOHN F. GILMORE (hereinafter referred to as "Owner" ) ,
W I T N E S S E T H:
WHEREAS, Owner has submitted to the City for approval, execu-
tion and recording a Final Planned Unit Development (P.U.D. ) Plat
(hereinafter referred to as the "Plat" ) pertaining to the develop-
ment of a project known as the "Hotel Jerome - Renovation and
Addition" (hereinafter referred to as the "Project" ) on a parcel
of real property more particularly described as follows :
Lots A, B, C, D, E, F, G, H, I, 0, P,
Q, R, S and the East 20 feet of Lot N,
Block 79, together with the East 170. 78
feet of the vacated alley in said Block 79 , _
City and Townsite of Aspen, County of Pitkin , j
State of Colorado; and
WHEREAS, the P.U.D. application was filed in conjunction with E(
an application for rezoning of a portion of the above-described
real property and applications for Growth Management Quota System
("GMP" ) exemptions ; and
6
WHEREAS, the subject property is located within an area of
the City zoned CC-Commercial Core (by virtue of the above-refer-
enced rezoning) ; and
WHEREAS, the City has fully considered said Plat, the pro-
posed development and improvement of the land therein, and the
burdens to be imposed upon other adjoining or neighboring proper-
ties and the downtown area in general by reason of the proposed
development and improvement of land included in the Plat; and
WHEREAS, the City, in considering the proposed development
site and proposed improvements, has found and hereby does find the
following : the area of the proposed P.U.D. is substantially
covered by a deteriorated and deteriorating building of historic
significance; the development area has a faulty lot layout in
relation to adequacy, accessibility and usefulness ; the develop-
ment area contains potentially unsafe conditions; the development
area has a site and improvements subject to further deterioration
unless the planned development is carried out ; and the development
area contains conditions that potentially endanger life and pro-
perty by fire and other causes; and
WHEREAS, the City also has found and hereby does find that
the present condition of the P.U.D. area substantially impairs the
sound growth and future potential economic health of the munici-
pality and is a potential menace to the public health, safety and
welfare unless the planned development is carried out ; and
2
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WHEREAS , the City, in considering the proposed development °
site -and proposed improvements, has found and hereby does find the
'following: that the area of the proposed P.U.D. has a predomi-
nance of buildings and improvements that are dilapidated, deteri-
=orated and deteriorating, aging and obsolescent ; the area has con-
ditions that potentially endanger life or property by fire and
-other causes and is presently, on the whole, potentially -detri-
mental to public health, safety and welfare unless the planned
' O
development is carried out; and - - = _- th
:WHEREAS , the proposed development will eliminate approxi-
-mately thirty (30 ) parking spaces from the parking lot behind the
-Hotel Jerome and from parking spaces along Bleeker and Main •
Streets and the development of approximately 75, 000 square feet of
net commercial space and renovation of existing under-utilized
commercial space will generate the need for additional parking and
`other municipal improvements in the location and vicinity of the
=development and elsewhere in the downtown area; and ' -- - - J . -
zre: WHEREAS, the downtown Aspen area is.. presently in need Of
parking and other physical improvements and the proposed develop-
ment will add significantly and impermissibly to these needs if
the development does not support such municipal improvements ; and {{{j
WHEREAS, the development ( including the development of a •
contemplated 400-vehicle municipal parking structure and related ¢{
-necessary public improvements ) is necessary to prevent the urban
blight, potential slum conditions and associated public health,
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welfare and safety problems as above-described, and, therefore , H-
the City finds that it is in the public interest to approve the
proposed development and its associated municipal improvements ;
-and • '4r
- - = - - . . _ _ -- - -
• - . - WHEREAS, the Owner stipulates and agrees to the foregoing
findings of the City and acknowledges that the proposed develop-
ment , the related municipal improvements and the potential blight
-and slum conditions are inextricably interrelated ; and
WHEREAS , the- City is willing to approve, execute and accept
for recordation said Plat upon the agreement of Owner to the mat-
ters hereinafter described, and subject to all the requirements ,
terms and conditions of the City of - Aspen Subdivision and P.U.D.
Regulations now in effect and such other laws , rules and regula-
. tions as. are or may become applicable ; and - - .
:-- WHEREAS, the City has imposed conditions and requirements in
connection with its approval, execution and acceptance for record-
ation- of the-Plat, and such matters are necessary to protect , pro-
mote and enhance the public health, safety -and welfare; and
:-WHEREAS , under the authority -of Section 20-16 (c) and Section
-24-8. 1 et sue. of the Aspen Municipal Code, the City - is entitled
to assurance that the matters hereinafter agreed to will be faith-
fully- performed by Owner ; and . -.- - - _ _ ---_ : I- - - •
-: - WHEREAS , Owner is willing to enter. into such agreement ( s)
with and to provide such assurance(s) to, the City. `
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•
- - " NOW, THEREFORE , in consideration of the premises , the mutual
covenants herein contained, and the approval, execution and accep-
tance of the Plat for recordation by the City, it is agreed as '.
follows: •
1 . Sidewalks, Curb and Gutter. Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall construct
new sidewalks along the entire Project frontages on Main , Monarch
And Sleeker Streets (8-foot minimum width on Main Street , 6-foot
minimum width on Monarch and Sleeker Streets ) , together with curb
-and gutter, all as reasonably determined by the City Engineer, in
accordance with the Landscape Plan submitted herewith , the appli-
cable provisions of Chapters 19 and 20 of the Aspen Municipal
Code, as amended, and accepted engineering standards and prac-
tices.` Pursuant to those obligations, Owner shall repair or
replace any existing (or newly installed) sidewalks , curb or
-Otter that may be damaged during construction. The current
'estimated schedule and cost of such improvements is contained in
rExhibit "A" , attached hereto and incorporated herein by this
reference.
2..11 -Other Physical Improvements. Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall provide and
install such water lines and fire hydrants , sanitary sewer lines ,
r s.
storm drainage improvements and storm sewers , and such other phy-
rS
':f
steal improvements , as may be reasonably required pursuant to Sec-
tion 20-16(a) of the Municipal Code, in connection with the Pro-
5
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ject and according to normal City specifications , the schedule and
Xi
cost of which include, without limitation, those contained in
Exhibit "A" .
The current estimated cost of such improvements does not
include sewer-_and_ water taps, plant investment fees and related
is
fees, which will be calculated and paid prior to issuance of a
Building Permit according to the then-standard practices and
charges of the sewer district and water department .
3. Landscaping Improvements. In accordance with Section
24-8. 16 of the Municipal Code, all required landscaping shall sub-
stantially conform to the "Landscape Plan" annexed to the Plat and
incorporated herein by reference , which shows the extent and loca-
tion of all plant materials and .other landscape features, flower
" , and shrub bed definition, proposed plant material at mature sizes
in -appropriate relation to scale, species and size of existing
plant material , proposed treatment of all ground surfaces (e.g. ,
paving; -turf, gravel , etc. ) , location of water outlets , and a
•
plant material schedule with common and botanical names , sizes and
quantities. Landscaping will be completed in a logical phasing
sequence commensurate__with_ the phasing of the improvements contem-
• plated in the Construction Schedule, but in no event later than
one - ( 1 ) year after the date of the Certificate of Occupancy for
the Project. The current estimated cost of such landscaping
improvements is agreed by the City Engineer to be $ 10 ,000. 00 . It
is the mutual understanding of the parties that a Certificate of
6
I
Occupancy may issue for the Project even though the landscaping
improvements have not yet been completed, so long as the portion
of the guaranty provided for in Paragraph 5 hereof which covers
the estimated cost of such unfinished landscaping remains avail-
.;
able pursuant to the terms of said Paragraph 5 .
4. Construction Schedule. Owner represents to City that an
accurate construction schedule cannot be submitted at this time.
i
Owner anticipates that construction of the Project will commence
■ 5
during August of 198P and be completed du-rkng-December of 1984.
Prior to the issuance of a Building Permit for the Project and as
a condition precedent thereto, Owner agrees to provide the City
Engineering Department with a detailed construction schedule, to
the satisfaction of the City Engineer and Chief Building Official ,
which shall particularly address how construction phasing and
other techniques will best accommodate under the circumstances ( a)
barricading and provision of pedestrian protection , (b) excavation
access and large truck traffic and staging areas , ( c) delivery and
storage of major materials , (d) construction equipment access and
storage, and (e) contractor vehicle parking . Such construction
schedule shall be verified by the signatures of the City Engineer
and the Chief Building Official and recorded as a supplementary
p
exhibit hereto. Amendments to the construction schedule, if any,
rt
shall be processed in the Project Review process established in '?
Paragraph 10 hereof, verified by signatures of the City Engineer c
5
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and Chief Building Official , and recorded as supplementary exhi-
bits hereto. 1'
5. Financial Assurances. In order to secure the perfor-
mance of the construction and installation of the improvements
described in Paragraph 1 , 2 and 3 above, and to guarantee one hun-
dred percent ( 1008) of the current estimated cost of such improve-
ments agreed by the City Engineer to be $45, 058 .00 , Owner shall
guarantee, by sight draft or letter of commitment or credit from a
financially responsible lender (either or both to be irrevocable
until such construction is completed) , that funds in the amount of
such estimated cost are held by it for the account of Owner for
the construction and installation of the above-described improve-
ments. Said guaranty shall be delivered to the City prior to the
issuance to Owner of a building permit for the Project , shall be
in a form acceptable to the City Attorney and the City Manager,
and shall give the City the unconditional right, upon default by
the Owner, to withdraw funds upon demand to partially or fully
complete and/or pay for any of such improvements or pay any out-
standing bills for work done thereon by any party, with any excess
guaranty funds applicable to additional administrative or legal
costs associated with any such default and the repair of any
deterioration in improvements already constructed. As portions of
the required improvements are completed, the City Engineer shall
inspect them, and upon approval and written acceptance, he shall
authorize the release from the guaranty delivered by Owner of the
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•
-agreed estimated cost for that portion of the improvements except
that ten percent ( 10%) of the estimated cost shall be withheld .
until all proposed improvements are completed and approved by the l
�k
" City Engineer. Provided, that the withheld ten percent ( 10%) h+
which relates to the improvements described in Paragraphs 1 and 2
:above shall be released by City upon completion and approval by
the City Engineer of all such Paragraph 1 and 2 improvements and
regardless of the stage of completion of landscape improvements
described in Paragraph 3 above.
The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
- able guarantee for the repair or replacement of any existing muni-
cipal improvements damaged during construction of new improve-
- tents. -`;
4
Furthermore, Owner hereby agrees to and does hereby warranty
rail " such improvements to accepted standards of good workmanship
:for a period of one ( 1 ) year from and after acceptance thereof in
-writing by the City. In addition to this warranty, the Owner ty
=shall obtain from his contractors customary warranties of good
: workmanship with the City as beneficiary, with respect to all
- improvements required by Paragraphs 1 , 2 and 3.
is the express understanding of the parties that the pro
" cedure set forth in Paragraph 13 of this Agreement regarding non-
: compliance shall not be required with respect to the enforcement
9
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and implementation of the financial assurances set ' forth herein
and required by Section 20-16(c) of the Municipal Code. ”:
5
6. Employee Housing. As an inducement to the City to
approve the P.U.D. , Owner has agreed to and does hereby acknow-
ledge his obligation to provide nineteen ( 19) "employee housing"
bedrooms as described herein and defined by the Code and regula-
tions of the City of Aspen or its designee, in connection with the
Hotel Project. Prior to the issuance of a Certificate of Occu-
pancy for the Project, and as a condition precedent thereto, Owner
agrees to and shall provide for use by Hotel employees a minimum
of- fifteen ( 15) off-site employee bedrooms , deed restricted to
City employee-housing rental and sale price, qualifications and
occupancy guidelines in effect at the time such bedrooms are so
• provided, which bedrooms shall be in income categories, sizes,
configurations ( including facilities and amenities) and loca-
tion(s) _ as may be acceptable to the City (or its designee, which
may be the Aspen/Pitkin Housing Authority) , by constructing new
deed restricted units or by purchasing existing free market units
and converting them to deed restricted "employee housing" status.
Provided, that the Owner shall have the right in future to substi-
. tute other off-site employee bedrooms for some or all of the fif-
teen ( 15) off-site bedrooms initially provided as above required,
so - long as ( i) - the location, size and configuration of such sub-
stitute bedrooms is acceptable to the City or its designee, ( ii )
the minimum number of acceptable employee bedrooms required by
this Paragraph 6 remains available at all times, and ( iii ) the
•
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same deed restrictions are imposed upon the substitute units prior
to occupancy of the substitute units. Upon the completion of such
substitution as above required, the City shall release the deed
restrictions upon those off-site bedrooms which have been replaced
- with substitute bedrooms. . '
In addition to the fifteen ( 15) off-site employee bedrooms ,
: Owner shall provide, prior to the issuance of a Certificate of
Occupancy for the Project and as a condition precedent hereto,
: four (4) covenant restricted on-site employee bedrooms within the •
= Project itself, each of which bedrooms shall be at least 180
- square feet in size'and shall deliver to the City an appropriate
- written covenant covering such bedrooms in a form approved by the
- City Attorney and acceptable for recording . Should the Owner
' secure more than fifteen ( 15 ) off-site employee bedrooms , Owner ' s
: on-site employee bedroom requirement shall be reduced exactly by
the number of off-site units in excess of fifteen ( 15 ) .
•Y
` Should the Owner, at the- time of the Certificate of Occupancy
for the- Project, not have provided all of' the required 15 off-site
-employee housing bedrooms, he shall, prior to the issuance of the
Certificate of Occupancy and as a condition precedent thereto,
covenant-restrict that number of bedrooms within the Project
1
necessary to cover any shortfall in the off-site housing require-
s
ments, which temporary restricted bedrooms must meet the same Cit
employee housing guidelines as Owner ' s off-site housing would have
been required to meet under the terms hereof, and which temporary
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restricted bedrooms shall thereafter be released from said cove-
nants when Owner does provide the required number of off-site '
employee bedrooms in the manner above required.
The deed restriction and covenant restriction and release
forms shall be approved as to form by the City Attorney prior to
recordation.
7. Off-site Parking. A condition of the approvals granted
herein and herewith is the requirement that the Owner •rovide 60
off-site parking spaces in connection with the Project . Thus , as
a condition of the approvals granted herein and herewith, Owner
agrees to provide 60 off-site parking spaces in connection with
the Project in the manner hereinafter described. Owner agrees to
participate with the City in the financing , design, construction ,
operation and maintenance ( including necessary capital expendi-
tures) of a 400-vehicle parking structure on the Rio Grande pro-
perty, to the extent of 60 spaces for Hotel guests and employees.
At such time as the City undertakes the construction of this
structure, Owner shall and hereby agrees to participate propor-
tionately (based on the need for 60 spaces ) in the financing,
design, construction, operation and maintenance ( including neces-
sary capital expenditures) of the parking garage aspect thereof,
such financial participation to be in the form described below.
(A) Owner 's proportionate share of the cost of constructing
the parking structure shall be determined by multiplying a frac-
tion, the numerator of which is 60 and the denominator of which is •
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the total number of parking spaces to be constructed , times the
portion of the total construction cost ( including financing costs
(including capitalized interest on bonds and bond issuance costs ) ,
design, pre-construction and construction costs) which is directly •
allocable to the parking garage aspect of such structure. Owner
shall and hereby agrees to finance and pay for such share of the
construction -cost _in_the following manner:
•
(a) No later than sixty ( 60) days following the issu-
- -ance of a Building Permit for construction of the Hotel Pro-
ject which is the subject of this Agreement, Owner shall
deliver to the City in the form of cash .or certified funds
- the sum of One Hundred Thousand Dollars ($ 100, 000. 00 ) as a
—down payment on such share. The City shall promptly escrow
- - - - such funds in an interest bearing account with all interest
earned thereon to accrue to the credit of Owner and be
• applied to "the balance of Owner's share" in calculating the
-- -original principal amount of the below-described Promissory
=7-: - - - Note until the date of issuance of a Building Permit for the
- - parking structure, on which date this escrow shall be termi-
nated and all funds remaining therein shall be delivered to
the City.
•
- --Further, in consideration of Owner 's agreement
herein to participate in the cost of the financing, design ,
•
--construction, operation and maintenance ( including necessary
capital expenditures) of a municipal parking structure, City
13
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T 1
agrees that if a Certificate of Occupancy is issued for the }:
y4
Hotel Project before a Building Permit is issued for tit -
parking structure, the City shall provide interim parking in
•
the following manner:
(i) The City shall in the interim, if any,
between the occupancy of the hotel and the occupancy of
the parking garage provide 'for Owner 's use and operation
fifteen ( 15) designated parking spaces at the existing
Rio Grande lot and forty-five (45) unassigned spaces
at the existing Golf Course lot. The right to any such
spaces shall expire upon the issuance of a Certificate
of Occupancy for the above-referenced parking garage .
The right to any spaces in the Rio Grande lot after the
issuance of a building permit for the parking garage
shall be subject to availability, which may be limited
by construction of the parking garage, and City shall
make up at the Golf Course lot any such spaces which are
lost from the Rio Grande lot . During such interim
period, Owner shall be responsible for maintaining ade-
quate liability insurance covering all such spaces and
for the operation of all such spaces and for the storage t)
and retrieval of the Golf Course lot vehicles and/or
4
passengers and hotel guests and for the supervision of
Hotel vehicles in the Rio Grande lot by whatever admin-
istrative means (e.g. shuttle buses , etc. ) Owner deems
14 ��
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appropriate. City shall , however, be responsible for
keeping the necessary portions of both lots clear of
`
snow. Owner shall and hereby does indemnify City from
and against any and all claims or liabilities for per-
sonal injury or property damage arising out of Owner 's
use of such parking spaces except those claims caused by
City's negligence or intentional acts.
(ii) The rental market value of the sixty ( 60 )
spaces is stipulated to be $2,812. 50 per month (such
value based on present monthly cost for parking space
_ rental within the City of Aspen at $75. 00 for downtown
spaces and $37.50 for out-of-town spaces) .
(iii) During any. period the Owner is using the City-
provided parking spaces, the City shall draw from the
escrow account the amount of $2, 812 . 50 per month in com-
pensation for the allowed use of the sixty ( 60 ) spaces .
Provided that it is expressly understood that , if a
building permit for the parking structure is issued
within the two-year period herein specified , all amounts
so withdrawn from the escrow shall be credited back to
_ Owner in determining the "balance of Owner 's share" for
purposes of calculating the principal amount of the '
Promissory Note described in paragraph 7 (A) (b) below.
(b) The "balance of Owner 's share" shall be represented
by Owner' s Promissory Note to the City as holder which Note
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_ .
shall be dated, executed and deposited into •escrow with the
City as of the date of execution of this Agreement by all
parties hereto. The Note shall be delivered out of escrow to
the City and become a debt on the date of the issuance of a
building permit for the construction of the parking garage.
The Note shall be in a form identical to that attached hereto
as Exhibit "B" and bearing simple interest (which interest
rate may be variable)_ at the same average and effective
interest rate(s ) as the City' s bond issue rate( s) under
Paragraph 8 hereof and reciting an 18% default interest
rate, and payable in consecutive monthly installments of
principal and interest in such amounts as are necessary to
cover City's bond issue debt service and over the same period
of time as the City's bond issue retirement obligation under
Paragraph g p hereof, commencing on the first day of the Galen-
dar month following the month in which the Note is delivered
with all remaining principal and accrued interest being due
and payable with the final monthly payment. Said Note shall
be prepayable in any amount at any time and from time to time
without penalty or notice and shall be assignable by City to
any bond issuing authority. -
(c) As security for said Note , Owner hereby covenants
and agrees that from and after the date of delivery to the
City of said Note, and continuing for so long as any portion
of said Note remains unpaid, Owner shall collect as part of
16
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1
the daily room rental rate for all rental rooms at the Hotel
not deed-restricted to employee housing a "transportation
`.1F
•i- the minimum amount of $5. 00 per day on every room
retLai, and shall maintain a separate and accurate accounting
:nl f_.tbe XevQtL ' -.grated thereby. Owner shall and hereby
: assigns and :'rdges to City such transportation charge
cveimmmes a ec:il'aterai for Owner ' s performance of his Promis-
sory Note and agrees to remit to the City each
month the portion of such transportation charge revenues
next-'sary to retire that month ' s Note installment obligation .
So long as any portion of said Note remains unpaid, Owner
shall maintain a "transportation revenues reserve account" in
a responsible banking institution containing sufficient funds
; ,.,-,r•.,•.r- ' + ' ,m^n4-hi_v Note installment obligation in 4
advance, but shall otherwise be free to utilize such other
transportation charge revenues for his own purposes unless
and until such time as City finds it necessary to exercise
US collateral pledge rights in the event of Owner's default
in the performance of his Promissory Note obligations . In
the event Owner shall ever be late in paying a monthly Note
to the City, the City shall have the
right- to (Jelin .: that Owner increase the amount held in such
re cover three (3) monthly Note installment
obli ns in ad_ance. Owner agrees to comply with such
demana and ±i,e..-after to maintain the reserve account at the
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F,
three (3 ) month level. City shall have the right to examine
all records necessary to audit the transportation charge
accounting and the related reserve account at any reasonable
time or times. The foregoing pledge shall be assignable by
City to any bond issuing authority.
(d) Owner further agrees that the subject Promissory
Note shall contain a provision to the effect that in the
event that controlling interest in the Hotel Project is
transferred from John F. Gilmore to a third person or persons
(by sale, foreclosure, operation of law, or otherwise) , while
said Note remains unpaid, the City shall have the right (but
not the obligation) to declare the entire remaining balance
of said Note immediately due and payable as of the effective
date of such transfer.
(e) Should the City fail to obtain a Building Permit
for the construction of a parking structure within two years
of the issuance of a certificate of occupancy for the Hotel
Project, Owner shall have the right and option to implement
an alternative plan for the provision of the required 60
parking spaces , or to demand that the City negotiate, in good .
faith, a long term lease (no less than 15 years) for the 60
parking spots on the Rio Grande and Golf Course Parking Lots .
In this event , any balance in the funds escrowed pursuant to
Paragraph 7(A) (a) ( iii ) (being principal plus accrued inter-
est minus monthly rental payments made) shall be credited to
18
is
• a
Owner in any new lease arrangement or refunded to him if an
alternative parking plan is adopted, and the escrowed Promis-
sory Note shall be redelivered to and .cancelled Owner.
(B) In addition, Owner shall be responsible for his propor-
tionate share of the annual costs , expenses , and necessary capital
expenditures of operating , maintaining and repairing the parking
• garage aspect of the parking garage structure following its com-
pletion.
Owner hereby further assigns and pledges unto City the
"transportation charge" revenues collected from time to time by
•
Owner pursuant to Paragraph 7 (A) (b) above as collateral for
Owner' s 'performance of his obligation to pay a proportionate_ sharQ
of such annual operational, maintenance and repair costs and
expenses. The foregoing pledge shall be assignable by the City to
any garage operating authority.
(C) In consideration of the above-described financial parti-
cipation and subsequent operational cost sharing, Owner shall be
. . l
entitled to the perpetual use and enjoyment of a defined block of
sixty (60) parking spaces in the structure, free of parking fees .
Should the City deem it appropriate to condominiumize the parking
spaces in the parking structure, City shall deed to Owner his 60
spaces together with his proportionate undivided interest in
appurtenant general common elements. -
8. Tax Increment Financing and/or Industrial Development
Bond Financing. Owner shall and hereby consents to the City' s (or
19
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other governmental or quasi-governmental entity) issuance , if
.}
possible, of a "tax increment bond (s) " , or other type of bond, in
at least the amount of the balance of Owner' s share of the parking
structure construction cost (plus capitalized interest costs, if
any, and bond issuance and sale expenses ) , the proceeds of which
bond(s) may be applied by the City to the construction of the sub-
ject parking structure and for any other lawful improvement pro-
ject. Such bond ( s ) shall bear simple interest at a rate to be
determined by the issuer, shall be retirable over a period of not
more than 25 years (or other lawful term) , and shall be secured by
a pledge by the City of the increase in real property taxes and/or
sales tax assessed to the Hotel Jerome property which will occur
as a normal consequence of the renovation and expansion thereof
thereof contemplated by this Agreement (or by other lawful secur-
ISIOSalirSIO
ity available to the City) . However, the bonding itself will
cause no additional taxes or other charges to be imposed upon
Owner other than the above-referenced "balance of Owner 's share" ,
and the consent of Owner provided for herein shall not be inter-
preted as a consent to any form of special assessment district
that would result in an increase in the real property taxes being
levied upon the hotel property. City will , of course, be reim-
bursed on a continuing basis for its bond retirement obligations
relating to the Hotel share of the parking structure by the
monthly installment payments being made by Owner under the above-
described Promissory Note.
20
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The Owner further agrees to use his best efforts to cooperate
with the City (or other governmental or quasi-governmental entity)
in the issuance and sale of any Industrial Development Bonds in
connection with the financing of the parking structure, so long as
Owner' s participation, if necessary, in any such industrial devel-
opment bonding effort complies with all applicable laws and
restrictions.
9. Planter Encroachments. Owner agrees to obtain such
- :approvals and/or licenses as may be necessary with respect to
planters which encroach into public sidewalks,- prior to the issu-
ance of a building permit for such planters .
- 10. Periodic Project Reviews . Owner agrees that every six
(6) months following the date of final City approval of this Pro-
. until the construction thereof is complete , he will meet with
the City Planning Office for the purpose of informing the Planning
Office as to his progress in meeting the conditions to such final
_ project approval. If the Planning Office deems it necessary, the
_Planning Office will report to the City Planning and Zoning Com-
mission on the outcome of one or more of these meetings. The
- Owner and the City recognize that these meetings are not oppor-
tunities for the Owner to avoid complying with conditions to final
approval , but are for purposes of providing progress reports and
developing mutually acceptable solutions to any problems that may
. . be encountered during the construction period.
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11 . Permanent Care and Maintenance of Landscaping. Owner
i
agrees that it shall be the perpetual responsibility of the owner
, ;; f-v i .••?
•, , �- w
:• no time to time of the Hotel Jerome property to main-
tain, car_ for, and replace when necessary, all trees, shrubs,
,pla ts ._,i nr rthc- ..Landscaping features which may be planted in
rnnaer"-- ••'t *h nr. • hich are otherwise incorporated in the Hotel
: ,gatnnant-tc the Landscape Plan submitted to the
City as a r_°- =f - the Final Plat. aF
_::i2. Use inc maintenance of Open Space. Owner shall occupy
the Project Open Space ( i .e. the exterior patio and pool areas
shown on the Landscape Plan) for such uses as may from time to
time be deemed appropriate _by Owner, provided that such occupancy
and uses shall at all times be in compliance with the then-appli-
,(•,a11],e ,Ylrnt!i,cinnc rf..the .Aspen Municipal Code. Owner agrees that
it shall be the perpetual responsibility of the owner or owners
from time to time of the Hotel Jerome property to maintain in a
clean and attractive condition and in a good state of repair all
such Open Space contained -within the Project. -
13. Non-Compliance and Request for Amendments or Extensions
by Owner. In the event that the City Council determines that the
-47... ± Y st:a Lial compliance with the terms of
. t" r Agr anent, '__:c `'_`_y Council may issue and serve upon the
_ t-'"tr- .. r eying the alleged non-compliance and L
s
requiring the 01.,, to cease and desist from such non-compliance
• And rectify the sane within such reasonable time as the City Coun-
: 22
cil may determine. _ Within twenty (20) days of the receipt of such ., !
order, the Owner may file with the City Council either a notice
advising the City Council that it is in compliance or a written ;
t
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 Agreement should be__granted with respect to any such
_ : _non-compliance which is determined to exist .
Upon the receipt of such petition, the City Council shall
-promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally
established by the City Council for other hearings. If the City
`Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
!Orders as may be appropriate ; provided, however, no order termi-
nating any approval granted herein shall be granted without a
=-finding of the City Council that substantial evidence warrants
such action and affording the Owner a reasonable time to remedy
=such non-compliance. A final determination of non-compliance •
which has not been remedied or for which no variance has been
"granted shall , at the option of the City Council , and upon written
23
V
et
r•,
notice to the Owner, terminate any of the approvals contained
herein.
- In addition to the foregoing , the Owner or its successors or
assigns may, on its own initiative , petition the City Council for
an amendment to this Agreement or the Plat or to extend any of the
time periods required for performance. With respect to the Con-
struction Schedule, the Owner has made various assumptions , in-
cluding the following: `
( 1 ) Final approval of the Plat and related documentation
prior to May 1 , 1983;
(2) Negotiation, arrangement and completion of pre-construc-
tion activity by Owner, including construction borrowing, bidding ,
contractor selection and contractor mobilization prior to the pro-
jected starting date of August 15, 1983;
(3) Ratification of the estimated construction and develop-
ment schedule by the selected lender and contractors.
- (4) Immediate availability of the required labor forces and
construction materials at all necessary phases throughout the Pro-
ject.
(5) No interruption in construction operations through the
1983/1984 winter months by acts of God or other matters beyond the
control of the Owner.
The City Council shall not unreasonably refuse to extend the
time periods for performance indicated in the Construction Sche-
dule if Owner demonstrates by a preponderance of the evidence that
24
A
•
1
V
the reasons for said extension are beyond the control of the
' Owner, despite good faith efforts on his part to accomplish the 4 r
same.
" 14. Notice. Notices to be given to the parties to this
Agreement shall be deemed given if personally delivered or if
deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below, or at such
-other addresses as may be substituted upon written notice by the
parties or their successors or assigns :
- - City of Aspen: City Manager
130 South Galena Street
- Aspen, Colorado 81611
_ Owner: - - - - - John F. Gilmore
Hotel Jerome
- 330 East Main Street
Aspen, Colorado 81611
with a copy to: Holland & Hart
600 East Main Street
Aspen , Colorado 81611
15. Binding Clause. The provisions hereof shall run with
and constitute a burden upon the title to the subject property,
and shall be binding upon and shall inure to the benefit of the
Owner and the City and their respective heirs , personal repre-
sentatives, successors and assigns.
16. Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado and
the Municipal Code of the City of Aspen.
•
n
25
•
a
•
17. Severability. If any of the provisions of this Agree- •
ment or any paragraph, sentence, clause, phrase, word or section
or the application thereof in any circumstances is invalidated ,
such invalidity shall not affect the validity of the remainder of
the Agreement and the validity of any such provision , paragraph ,
sentence, clause, phrase, word or section under any other circum-
stances shall not be affected thereby.
18. Incorporation of Rcitals. The City and Owner hereby
stipulate and agree that the Recitals preceding this Agreement are
part of the Agreement and are to be deemed incorporated herein as
though fully set forth .
19. Entire Agreement; Amendment . This Agreement contains
the entire understanding and agreement between the parties herein
• with respect to the transactions contemplated hereunder and may be
altered or amended from time to time only by written instrument -
executed by each of the parties hereto.
20. Acceptance of Plat. Upon execution of this Agreement by
all parties hereto, the City agrees to approve and execute the ti
Final Planned Unit Development Plat for the Hotel Jerome-Renova-
tion and Addition, and to accept the same for recordation in the
• Recording Office of Pitkin County, Colorado, upon payment of the
recordation fee and costs to the City by Owner .
IN WITNESS WHEREOF, the parties here hereunto set their hands
and seals the day and year first above written. ;4
•
F1
26
r
EXHIBIT "A"
The following is a breakdown of estimated costs for construc-
tion of improvements on the City rights-of-way around the Hotel
Jerome. The figures are 1983 dollars and are generally based on
1982 bids for City work.
1 . Sidewalks, Curb and Gutter
New walks (- --'-e
Main Street 8 ' x 180 ' @ 3. 50/s . f. = $ 5,040
Sleeker Street 6 ' x 300 ' @ 3. 50/s. f. = 6, 300
Monarch Street 6 ' x 120 ' @ 3. 50/s .f. = 2,520
Damaged sidewalk
° 'fkrys 20 ' x 8 ' @ 3. 50/s .f. = 560
New curbs
Main Street 200 l. f. @ 10 . 25/1. f. = 2,050
Sleeker Street 30 l .f. @ 10. 25/1 . f. = 308
Damaged curb
40 l . f . @ 10 . 25/1. f. = 410
Total sidewalk, curb and gutter = $17 , 188
2. Other Physical Improvements
Water System
Compensation to tie in to Monarch St. 12" = $ 2,750
Furnish and install 8" GV & VB 2 ea.
@ 600 = 1 ,200
Furnish and install 8" cl 52 D. I.
pipe 240 l . f. @ 28/l. f. = 6,720
8" x 6" tee 1 ea. 325
6" cl 52 D. I . pipe 20 ' @ 24/l . f. = 480
6" GV & VB 1 ea. = 425
6" fire hydrant 1 ea. = 1 ,200
8" plug and kickblock 1 ea. = 125
13, 225
Contingency fees @ 20% 2 ,645
Total water lines $15, 870
Reset property pins 2 ,000
Total other physical improvements $17 , 870
3. Landscaping
The estimated cost of landscaping in the right-of-way is
$10,000.
CITY OF ASPEN
ENGINEERING DEPARTMENT
By
Daniel A. McArthur
City Engineer
PLANNED UNIT DEVELOPMENT AGREEMENT
HOTEL JEROME - RENOVATION AND ADDITION
THIS AGREEMENT , made and entered into this _ day of
March, 1983 , by and between the CITY OF ASPEN , COLORADO ,
a municipal corporation (hereinafter referred to as "City" ) , and
JOHN F. GILMORE ( hereinafter referred to as "Owner" ) ,
W I T N E S S E T H
WHEREAS , Owner has submitted to the City for approval ,
execution and recording a Final Planned Unit Development Plat
(hereinafter referred to as the "Plat" ) pertaining to the develop-
ment of a project known as the "Hotel Jerome - Renovation and
Addition" (hereinafter referred to as the "Project" ) on a parcel of
real property more particularly described as follows:
Lots A, B, C, D, E, F, G, H, I , 0, P,
Q, R, S and the East 20 feet of Lot N ,
Block 79 , together with the East670 . 8) fog
iJ D--9-,-A,-2
feet of the vacated alley in said
Block 79 , City and Townsite of Aspen,
County of Pitkin, State of Colorado; and
WHEREAS , the subject property is located within an area of the
City zoned CC Commercial Core; and
WHEREAS , the City has fully considered said Plat, the proposed
development and improvement of the land therein, and the burdens to
be imposed upon other adjoining or neighboring properties by reason
of the proposed development and improvement of land included in the
Plat; and
WHEREAS , the City is willing to approve, execute and accept
for recordation said Plat upon the agreement of Owner to the mat-
ters hereinafter described, and subject to all the requirements,
terms and conditions of the City of Aspen Subdivision Regulations
now in effect and such other laws, rules and regulations as are
applicable; and
WHEREAS , the City has imposed conditions and requirements in
connection with its approval , execution and acceptance for
recordation of the Plat, and such matters re n,1c' cessary to protect,
■ '111-1 ti 4G L4)
promote and enhance the publicAwelfare; and
WHEREAS , under the authority of Section 20-16 ( c) of the Aspen
Municipal Code , the City is entitled to assurance that the matters
hereinafter agreed to will be faithfully performed by Owner; and
WHEREAS , Owner is willing to enter into such agreement with,
and to provide such assurance to, the City.
NOW, THEREFORE , in consideration of the premises, the mutual
covenants herein contained, and the approval, execution and accep-
tance of the Plat for recordation by the City, it is agreed as
follows:
1 . Sidewalks, Curb and Gutter . Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall construct new
sidewalks along the entire Project frontages on Main, Monarch, and
U.., Ptc,4 -h w..L.
-2-
Lv1\ 4.
o �. I
Sleeker Streets, together with curb and gutter as needed, in
accordance with the Landscape Plan submitted herewith. In
addition, Owner shall repair or replace any existing ( or newly
installed) sidewalks, curb or gutter that may be damaged during
construction. The current estimated cost of such improvements is
agreed by the City Engineer to be $
2. Other Physical Improvements. Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall provide and
install such water lines and fire hydrants, sanitary sewer lines,
storm drainage improvements and storm sewers, and such other Code
Section 20-16 ( a) physical improvements, as may be reasonably
required in connection with the Project and according to normal
City specifications . The current estimated cost of such improve-
ments, including sewer and water taps and related fees, is agreed
by the City Engineer to be $
3 . Landscaping Improvements . In accordance with Section 24-
8 .16 of the Municipal Code, all required landscaping shall substan-
tially conform to the "Landscape Plan" annexed to the Plat and
incorporated herein by reference, which shows the extent and loca-
tion of all plant materials and other landscape features, flower
and shrub bed definition, proposed plant material at mature sizes
in appropriate relation to scale , species and size of existing
plant material , proposed treatment of all ground surfaces ( e. g. ,
paving, turf , gravel , etc. ) , location of water outlets, and a plant
-3-
material schedule with common and botanical names, sizes and
quantities. Landscaping will be completed in a logical phasing
sequence commensurate with the phasing of the improvements contem-
plated in the Construction Schedule. The current estimated cost of
such landscaping improvements is agreed by the City Engineer to be
$ It is the mutual understanding of the parties
that a Certificate of Occupancy may issue for the Project even
though the landscaping improvements have not yet been completed, so
long as the portion of the guaranty provided for in Paragraph 5
hereof which covers the estimated cost of such unfinished
landscaping remains available pursuant to the terms of said
Paragraph 5 .
4 . Construction Schedule. Owner anticipates that construc-
tion of the Project will commence during August of 1983 and be com-
pleted during December of 1984 . Prior to the issuance of a Building
Permit for the Project, Owner agrees to provide the City
Engineering Department with a more detailed construction schedule s . �
which shall particularly address how construction phasing and other
will best accommodate under the circumstances (a) Y�
,
barricading and provision of pedestrian protection, ( b) excavation
access, large truck traffic and staging areas, ( c) delivery and
storage of major materials, (d ) construction equipment access and
storage, and (e) contractor vehicle parking. Those aspects of con-
struction scheduling which still cannot be effectively addressed at
-4-
the Building Permit stage, or which subsequently require
modification, shall be dealt with in the Project Review process
established in Paragraph 9 hereof.
5 . Financial Assurances. In order to secure the perfor-
mance of the construction and installation of the improvements
described in Paragraphs 1 , 2 and 3 above, and to guarantee one
hundred (100% ) percent of the current estimated cost of such
improvements agreed by the City Engineer to be $ , Owner
shall guarantee through a conventional lender , or by sight draft or
letter of commitment from a financially responsible lender ( irrevo-
cable until such construction is completed) that funds in the
amount of such estimated cost are held by it for the account of
Owner for the construction and installation of the above-described
improvements. Said guaranty shall be delivered to the City prior
to the issuance to Owner of a building permit for the Project,
shall be in a form acceptable to the City Attorney and the City
Manager , and shall give the City the unconditional right, upon
default by the Owner , to withdraw funds upon demand to partially or
fully complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party. As portions
of the required improvements are completed, the City Engineer shall
inspect them, and upon approval and acceptance, he shall authorize
the release from the guaranty delivered by Owner of the agreed
estimated cost for that portion of the improvements except that ten
-5-
percent (10% ) of the estimated cost shall be withheld until all
proposed improvements are completed and approved by the City
Engineer . Provided, that the withheld ten percent (10% ) which
relates to the improvements described in Paragraphs 1 and 2 above
shall be released by City upon completion and approval by the City
Engineer of all such Paragraph 1 and 2 improvements and regardless
of the stage of completion of landscape improvements described in
Paragraph 3 above.
Furthermore, Owner hereby agrees to and does hereby warranty
all such improvements for a period of one (1 ) year from and after
acceptance thereof by the City.
It is the express understanding of the parties that the proce-
dure set forth in Paragraph 13 of this Agreement regarding non-
compliance shall not be required with respect to the enforcement
and implementation of the financial assurances set forth herein and
required by Section 20-16 ( c) of the Municipal Code.
6. Employee Housing. Prior to the issuance of a Certificate
of Occupancy for the Project, and as a condition precedent thereto,
Owner agrees to and shall provide for use by Hotel employees a
minimum of fifteen ( 15 ) off-site employee bedrooms, deed restricted
to City low-income rental and sale price, qualifications and occu-
pancy guidelines, in a location or locations acceptable to the
City, by constructing new deed restricted units or by purchasing
existing free market units and converting them to deed restricted
-6- �1° �`"° z- , .
status. Provided, that the Owner shall have the right in future to
substitute other off-site employee bedrooms for some or all of the
bedrooms initially provided as above required, so long as ( i ) the
location of such substitute bedrooms is acceptable to the City,
( ii ) the minimum number of employee bedrooms required by this
Paragraph 6 remains available at all times, and ( iii ) the same deed
restrictions are imposed upon the substitute units. Upon the com-
pletion of such substitution as above required , the City shall
release the deed restrictions upon those bedrooms which have been
replaced with substitute bedrooms.
In addition, Owner shall provide four (4 ) covenant restricted
employee bedrooms within the Project itself, and shall deliver to
the City an appropriate written covenant covering such bedrooms in
a form approved by the City Attorney and acceptable for recording.
Finally, should the Owner decide to provide more than four (4 ) such
covenant restricted employee bedrooms within the Project itself,
Owner ' s off-site employee bedroom requirement shall be reduced
exactly by the number of covenant restricted employee bedrooms in
excess of four ( 4 ) provided within the Project itself.
7 . Off-site Parking. Owner agrees to participate with the
City in the construction of a 400-vehicle parking structure on the
Rio Grande property, to the extent of 60 spaces for Hotel guests
and employees. At such time as the City undertakes the construc-
tion of this structure , Owner shall and hereby agrees to participate
-7-
proportionately (based on the need for 60 spaces) in the financing
of the parking garage aspect thereof, such financial participation
to be in the form described in the following paragraph. In
addition, Owner shall be responsible for his proportionate share of
the annual costs and expenses of operating, maintaining and
repairing the parking garage aspect of such structure following its
completion. In consideration of such financial participation and
subsequent operational cost sharing, Owner shall be entitled to the
perpetual use and enjoyment of a defined block of sixty ( 60 ) park-
ing spaces in the structure, free of parking fees -e-r--e-the-r---ehargcs:
'it, J... Kt./. .y
In the event the Project is ready to open to the public prior to
the completion of the parking structure , the City shall in the
interim provide fifteen (15 ) unassigned parking spaces at the
existing Rio Grande lot and forty-five (45 )t1parking spaces at the
existing Golf Course lot. During such interim period Owner shall
be responsible for the storage and retrieval of the Golf Course lot
vehicles and for the supervision of Hotel vehicles in the Rio
Grande lot.
Owner ' s proportionate share of the cost of constructing the
parking structure shall be determined by multiplying a fraction,
the numerator of which is 60 and the denominator of which is the
total number of parking spaces to be constructed, times the portion
of the accepted contractor ' s bid which is directly allocable to the
parking garage aspect of such structure. Owner shall and hereby
-3-
agrees to finance and pay for such share of the construction cost
in the following manner :
(a) No later than sixty ( 60 ) ; days following
commencement of con structio.n of the Hotel Project
which is the subject of this Agreement, Owner shall
deliver to the City in the form of cash or certified
funds the sum of One Hundred Thousand ( $100 , 000 .00 )
dollars as a down payment on such share. The City
shall promptly escrow such funds in an interest
bearing money market account with the interest
earned thereon to the date of delivery by Owner of
the Promissory Note described in the next
subparagraph to accrue to the benefit of Owner and
be applied to "the balance of Owner ' s share" in
calculating the original principal amount of said
Note .
(b) The balance of Owner ' s share shall be rep-
resented by Owner ' s Promissory Note, dated and
delivered as of the date of commencement of con-
struction of the parking structure, bearing simple
interest at the rate of % per cent per annum
( i . e. the same interest rate as the City' s bond rate
under subparagraph (e) hereof ) and reciting an 18%
default interest rate, and payable in 180 equal
-9-
consecutive monthly installments of principal and
interest commencing on the first day of the calendar
month following the month in which the Note is exe-
cuted . Said Note shall be prepayable in any amount
at any time and from time to time without penalty or
notice.
(c ) As security for said Note , Owner hereby
covenants and agrees that from and after the date of
delivery to the City of said Note, and continuing
for so long as any portion of said Note remains
unpaid, Owner shall collect in addition to the daily
room rental rate a "transportation charge" in the
minimum amount of $5 .00 per day on every room
rental, and shall maintain a separate and accurate
accounting of the revenues generated thereby. Owner
shall and hereby assigns to City such transporta-
tion charge revenues as collateral for Owner ' s per-
formance of his Promissory Note obligations, and
agrees to remit to the City each month the portion
of such revenues necessary to retire that month' s
Note installment obligation. So long as any portion
of said Note remains unpaid, Owner shall maintain a
transportation revenues reserve account in a respon-
sible banking institution containing sufficient
-10-
funds to pay one (1 ) monthly Note installment
obligation in advance, but shall otherwise be free
to utilize such revenues for his own purposes. In
the event Owner shall ever be late in paying a
monthly Note installment obligation to the City, the
City shall have the right to demand that Owner
increase the amount held in such reserve account to
cover three (3 ) monthly Note installment obligations
in advance. Owner agrees to comply with such demand
and thereafter to maintain the account at the three
(3 ) month level . City shall have the right to
examine and/or audit the transportation charge
accounting and the related reserve account at any
reasonable time or times.
(d) Owner further agrees that the subject
Promissory Note shall contain a provision to the
effect that in the event John F. Gilmore transfers a
controlling interest in the Hotel Jerome property to
a third person or persons while said Note remains
unpaid, which person ( s) are unable to reasonably
satisfy the City as to their financial ability to
retire the remaining Note obligations as and when
due, the City shall have the right (but not the
obligation) to declare the entire remaining balance
-11-
of said Note immediately due and payable as of the
effective date of such transfer .
( e) Finally, Owner shall and hereby consents
to the City' s solicitation and marketing , if possi-
ble, of a "tax increment bond" in the amount of the
balance of Owner ' s share of the parking structure
construction cost, the proceeds of which bond may
only be applied by the City to the construction of
the subject parking structure. Such bond shall bear
simple interest at a maximum rate of % per
annum, shall be retirable over a period of 15 years,
and shall be secured by a pledge by the City of the
increase in real property taxes assessed to the
Hotel Jerome property which will occur as a normal
consequence of the renovation and expansion thereof
contemplated by this Agreement. However , the
bonding itself will cause no additional taxes or
other charges to be imposed upon Owner . City will ,
of course, be reimbursed on a continuing basis for
its bond retirement obligations by the monthly
installment payments being made by Owner under the
above-described Promissory Note.
8 . Planter Encroachments. Owner agrees to obtain such
approvals and/or licenses as may be necessary with respect to
-12-
planters which encroach into public sidewalks, prior to the
issuance of a building permit for such planters.
9 . Periodic Project Reviews. Owner agrees that every six
(6 ) months following the date of final City approval of this
Project until the construction thereof is complete , he will meet
with the City Planning Office for the purpose of informing the
Planning Office as to his progress in meeting the conditions to
such final project approval . If the Planning Office deems it nec-
essary, the Planning Office will report to the City Planning and
Zoning Commission on the outcome of one or more of these meetings.
The Owner and the City recognize that these meetings are not
opportunities for the Owner to avoid complying with conditions to
final approval , but are for purposes of providing progress reports
and developing mutually acceptable solutions to any problems that
may be encountered during the construction period.
10 . Permanent Care and Maintenance of Landscaping . Owner
agrees that it shall be the perpetual responsibility of the owner
or owners from time to time of the Hotel Jerome property to main-
tain, care for , and replace when necessary, all trees, shrubs,
plants, and other landscaping features which may be planted in con-
nection with or which are otherwise incorporated in the Hotel
Jerome Project pursuant to the Landscape Plan submitted to the City
as a part of the Final Plat.
-13-
11 . Use and Maintenance of Open Space. Owner shall occupy
the Project Open Space ( ie. the exterior patio and pool areas shown
on the Landscape Plan) for such uses as may from time to time be
deemed appropriate by Owner , provided that such occupancy and uses
shall at all times be in compliance with the then-applicable
provisions of the Aspen Municipal Code. Owner agrees that it shall
be the perpetual responsibility of the owner or owners from time to
time of the Hotel Jerome property to maintain in a clean and
attractive condition and in a good state of repair all such Open
Space contained within the Project.
12 . Bleeker Street Parking and Traffic Flow. Owner agrees to
work with the City Engineering Department on a continuing basis in
order to identify ( i ) the areas on Bleeker Street which will be
needed for on-street service vehicle parking and ( ii ) the locations
of existing on-street parking on Bleeker Street which ought to be
eliminated, and in order to determine which ( if any) traffic flows
should be rerouted.
13 . Non-Compliance and Request for Amendments or Extensions
by Owner . In the event that the City Council determines that the
Owner is not acting in substantial compliance with the terms of
this Agreement, the City Council may issue and serve upon the Owner
a written order specifying the alleged non-compliance and requiring
the Owner to cease and desist from such non-compliance and rectify
the same within such reasonable time as the City Council may
-14-
determine. Within twenty (20 ) days of the receipt of such order ,
the Owner may file with the City Council either a notice advising
the City Council that it is in compliance or a written petition
requesting a hearing to determine any one or both of the following
matters:
( a) Whether the alleged non-compliance exists or did
exist, or
( b) Whether a variance, extension of time or amendment to
this Agreement should be granted with respect to any such non-
compliance which is determined to exist.
Upon the receipt of such petition, the City Council shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally
established by the City Council for other hearings. If the City
Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
orders as may be appropriate; provided , however , no order
terminating any approval granted herein shall be granted without a
finding of the City Council that substantial evidence warrants such
action and affording the Owner a reasonable time to remedy such
non-compliance. A final determination of non-compliance which has
not been remedied or for which no variance has been granted shall,
at the option of the City Council , and upon written notice to the
Owner , terminate any of the approval contained herein.
-15-
In addition to the foregoing , the Owner or its successors or
assigns may, on its own initiative, petition the City Council for
an amendment to this Agreement or the Plat or to extend any of the
time periods required for performance. With respect to the
Construction Schedule , the Owner has made various assumptions,
including the following:
(1 ) Final approval of the Plat and related documentation
prior to(ril 1 ,j 1983 ;
( 2 ) Negotiation, arrangement and completion of pre-
construction activity by Owner , including construction borrowing,
bidding, contractor selection and contractor mobilization prior to
the projected starting date of August 15 , 1983 ;
(3 ) Ratification of the estimated construction and
development schedule by the selected lender and contractors.
( 4 ) Immediate availability of the required labor forces
and construction materials at all necessary phases throughout the
Project.
( 5 ) No interruption in construction operations through
the 1983/1984 winter months by acts of God or other matters beyond
the control of the Owner .
The City Council shall not unreasonably refuse to extend the
time periods for performance indicated in the Construction Schedule
if Owner demonstrates by a preponderance of the evidence that the
reasons for said extension are beyond the control of the Owner ,
despite good faith efforts on his part to accomplish the same.
-16-
14 . Notice . Notices to be given to the parties to this
Agreement shall be deemed given if personally delivered or if
deposited in the United States Mail to the parties by registered or
certified mail at the addresses indicated below, or at such other
addresses as may be substituted upon written notice by the parties
or their successors or assigns:
City of Aspen: City Manager
130 South Galena Street
Aspen, Colorado 81611
Owner : John F. Gilmore
Hotel Jerome
330 East Main Street
Aspen, Colorado 81611
with a copy to: Holland & Hart
600 East Main Street
Aspen, Colorado 81611
15 . Binding Clause. The provisions hereof shall run with and
constitute a burden upon the title to the subject property, and
shall be binding upon and shall inure to the benefit of the Owner
and the City and their respective heirs, personal representatives,
successors and assigns.
16 . Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado and
the Municipal Code of the City of Aspen.
17 . Severability. If any of the provisions of this Agreement
or any paragraph, sentence, clause, phrase, word or section or the
application thereof in any circumstances is invalidated, such
-17-
invalidity shall not affect the validity of the remainder of the
Agreement and the validity of any such provision, paragraph,
sentence, clause, phrase, word or section under any other circum-
stances shall not be affected thereby.
18 . Entire Agreement; Amendment. This Agreement contains the
entire understanding and agreement between the parties herein with
respect to the transactions contemplated hereunder and may be
altered or amended from time to time only by written instrument
executed by each of the parties hereto.
19 . Acceptance of Plat. Upon execution of this Agreement by
all parties hereto, the City agrees to approve and execute the
Final Planned Unit Development Plat for the Hotel Jerome-Renovation
and Addition, and to accept the same for recordation in the
Recording Office of Pitkin County, Colorado, upon payment of the
recordation fees and costs to the City by Owner .
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
CITY: CITY OF ASPEN , a Colorado
Municipal Corporation
By
Herman Edel , Mayor
ATTEST:
Kathryn S . Koch, City Clerk
-18-
APPROVED AS TO FORM:
Paul J . Taddune, City Attorney
OWNER:
John F. Gilmore
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The foregoing was acknowledged before me this day of
, 1983 by Herman Edel , as Mayor , and Kathryn S . Koch, as
City Clerk , of the City of Aspen, State of Colorado.
Witness my hand and official seal .
My commission expires on:
Notary Public
Address
STATE OF COLORADO )
ss.
COUNTY OF PITKIN
The foregoing was acknowledged before me this day of
, 1983 by John F. Gilmore.
Witness my hand and official seal.
My commission expires on:
Notary Public
Address
-19-
ti 03
lD- R FT
PLANNED UNIT DEVELOPMENT AGREEMENT
•
HOTEL JEROME - RENOVATION AND ADDITION
THIS AGREEMENT , made and entered into this day of
March , 1983, by and between the CITY OF ASPEN, COLORADO, a munici-
pal corporation and home-rule city (hereinafter referred to as
"City" ) , and JOHN F. GILMORE (hereinafter referred to as "Owner" ) ,
W I T N E S S E T H:
WHEREAS, Owner has submitted to the City for approval, execu-
tion and recording a Final Planned Unit Development (P.U.D. ) Plat
(hereinafter referrd to as the "Plat" ) pertaining to the develop-
ment of a project known as the "Hotel Jerome - Renovation and
Addition" (hereinafter referred to as the "Project" ) on a parcel
of real property more particularly described as follows:
Lots A, B , C, D, E, F, G, H, I , 0, P,
Q, R, S and the East 20 feet of Lot N,
Block 79, together with the East 170. 78
feet of the vacated alley in said Block 79,
City and Townsite of Aspen, County of Pitkin,
State of Colorado ; and
WHEREAS , the P.U.D. application was filed in conjunction with
an application for rezoning of a portion of the above-described
I
real property and applications for Growth Management Quota System
( "GMP" ) exemptions; and
WHEREAS , the subject property is located within an area of
the City zoned CC-Commercial Core (by virtue of the above-refer-
enced rezoning ) ; and
WHEREAS, the City has fully considered said Plat , the pro-
posed development and improvement of the land therein, and the
burdens to be imposed upon other adjoining or neighboring proper-
ties by reason of the proposed development and improvement of land
included in the Plat; and
WHEREAS , the City, in considering the proposed development
site and proposed improvements, has found and hereby does find the
following: the area of the proposed P.U.D. is substantially
• covered by a deteriorated and deteriorating building of historic
significance ; the development area has a faulty lot layout in
relation to adequacy, accessibility and usefulness ; the develop-
ment area contains potentially unsafe conditions; the development
area has a site and improvements subject to further deterioration
unless the planned development is carried out; and the development
area contains conditions that potentially endanger life and pro-
perty by fire and other causes; and
WHEREAS, the City also has found and hereby does find that
the present condition of the P .U.D. area substantially impairs the
sound growth and future potential economic health of the munici-
2
pality and is a potential menace to the public health , safety and
welfare unless the planned development is carried out ; and
WHEREAS , the City, in considering the proposed development
site and proposed improvements, has found and hereby does find the
following : that the area of the proposed P.U.D. has a predomi-
nance of buildings and improvements that are dilapidated, deteri-
orated and deteriorating, aging and obsolescent ; the area has con-
ditions that potentially endanger life or property by fire and
other causes and is presently, on the whole , potentially detri-
mental to public health, safety and welfare unless the planned
development is carried out ; and
WHEREAS, the proposed development will eliminate approxi-
mately thirty ( 30 ) parking spaces from the parking lot behind the
Hotel Jerome and from parking spaces along Sleeker and Main
Streets and the development of approximately 75 ,000 square feet of
new commercial space and renovation of existing under-utilized
commercial space will generate the need for additional parking in
the downtown area; and
WHEREAS, the downtown Aspen area is presently in need of
parking and other physical improvements and the proposed develop-
ment will add impermissibly to these needs if the development does
not support such municipal improvements ; and
WHEREAS , the development ( including the development of the
contemplated parking structure and related necessary public
improvements) is necessary to prevent the urban blight , potential
slum conditions and associated public health, welfare and safety
problems as above-described, and, therefore , the City finds that
•
it is in the public interest to approve the proposed development
and its associated municipal improvements; and
WHEREAS, the City is willing to approve, execute and accept
for recordation said Plat upon the agreement of Owner to the mat-
ters hereinafter described, and subject to all the requirements ,
terms and conditions of the City of Aspen Subdivision and P.U.D.
Regulations now in effect and such other laws, rules and regula-
tions as are or may become applicable; and
WHEREAS, the City has imposed conditions and requirements in
connection with its approval , execution and acceptance for record-
ation of the Plat, and such matters are necessary to protect, pro-
mote and enhance the public health , safety and welfare ; and
WHEREAS , under the authority of Section 20-16(c) and Section
24-8. 1 et seq. of the Aspen Municipal Code, the City is entitled
to assurance that the matters hereinafter agreed to will be faith-
fully performed by Owner; and
WHEREAS, Owner is willing to enter into such agreement ( s)
with, and to provide such assurance(s) to, the City.
NOW, THEREFORE , in consideration of the premises , the mutual
covenants herein contained, and the approval , execution and accep-
t
tance of the Plat for recordation by the City, it is agreed as
follows:
1 . Sidewalks, Curb and Gutter. Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall construct
new sidewalks along the entire Project frontages on Main , Monarch
and Sleeker Streets (8-foot minimum width on Mill and Main
Streets, 6-foot minimum width on Monarch and Sleeker Streets) ,
together with curb and gutter, all as determined by the City Engi-
neer, in accordance with the Landscape Plan submitted herewith ,
the applicable provisions of Chapters 19 and 20 of the Aspen Muni-
cipal Code: as amended , and accepted engineering standards and
practices. Pursuant to those obligations , Owner shall repair or
replace any existing (or newly installed) sidewalks , curb or gut-
ter that may be damaged during construction. The current esti-
mated cost of such improvements is agreed by the City Engineer to
be $ _2. Other Physical Improvements . Prior to the issuance of a
Certificate of Occupancy for the Project, Owner shall provide and
install such water lines and fire hydrants , sanitary sewer lines,
storm drainage improvements and storm sewers, and such other phy-
sical improvements , as may be reasonably required pursuant to Sec-
tion 20-16(a) of the Municipal Code, in connection with the Pro-
ject and according to normal City specifications including , with-
out limitation, the following:
See Exhibit "A" attached hereto and
incorporated herein by this reference .
The current estimated cost of such improvements , including sewer
and water taps and related fees , is agreed by the City Engineer to
be $
3 . Landscaping Improvements. In accordance with Section
24-8. 16 of the Municipal Code, all required landscaping shall sub-
stantially conform to the "Landscape Plan" annexed to the Plat and
incorporated herein by reference, which shows the extent and loca-
tion of all plant materials and other landscape features , flower
and shrub bed definition, proposed plant material at mature sizes
in appropriate relation to scale , species and size of existing
plant material , proposed treatment of all ground surfaces (e.g . ,
paving, turf , gravel , etc. ) , location of water outlets , and a
plant material schedule with common and botanical names, sizes and
quantities . Landscaping will be completed in a logical phasing
sequence commensurate with the phasing of the improvements contem-
plated in the Construction Schedule, but in no event later than
one ( 1 ) year after the date of the Certificate of Occupancy for
the Project. The current estimated cost of such landscaping
improvements is agreed by the City Engineer to be $
. It is the mutual understanding of the parties that a
Certificate of Occupancy may issue for the Project even though the
landscaping improvements have not yet been completed , so long as
G
the portion of the guaranty provided for in Paragraph 5 hereof
which covers the estimated cost of such unfinished landscaping
remains available pursuant to the terms of said Paragraph 5.
4. Construction Schedule. Owner represents to City that an
accurate construction schedule cannot be submitted at this time.
Owner anticipates that construction of the Project will commence
during August of 1983 and be completed during December of 1984 .
Prior to the issuance of a Building Permit for the Project, Owner
agrees to provide the City Engineering Department with a more
detailed construction schedule, to the satisfaction of the City
Engineer and Chief Building Official , which shall particularly
address how construction phasing and other techniques will best
accommodate under the circumstances ( a) barricading and provision
of pedestrain protection, (b) excavation access , large truck traf-
fic and staging areas, ( c) delivery and storage of major mater-
ials, (d) construction equipment access and storage , and (e) con-
tractor vehicle parking . Such construction schedule shall be
verified by the signatures of the City Engineer and the Chief
Building Official and recorded as a supplementary exhibit hereto.
Amendments to the construction schedule, if any, shall be pro-
cessed in the Project Review process established in Paragraph 9
hereof , verified by signatures of the City Engineer and Chief
Building Official, and recorded as supplementary' exhibits hereto.
7
5. Financial Assurances . In order to secure the perfor-
mance of the construction and installation of the improvements
described in Paragraph 1 , 2 and 3 above, and to guarantee one hun-
dred percent ( 100% ) of the current estimated cost of such improve-
ments agreed by the City Engineer to be $ , Owner shall
guarantee through a conventional lender, or by sight draft or let-
ter of commitment from a financially responsible lender (either or
both to be irrevocable until such construction is completed ) that
funds in the amount of such estimated cost are held by it for the
account of Owner for the construction and installation of the
above-described improvements . Said guaranty shall be delivered to
the City prior to the issuance to Owner of a building permit for
the Project, shall be in a form acceptable to the City Attorney
and the City Manager, and shall give the City the unconditional
right , upon default by the Owner, to withdraw funds upon demand to
partially or fully complete and/or pay for any of such improve-
ments or pay any outstanding bills for work done thereon by any
party. As portions of the required improvements are completed ,
the City Engineer shall inspect them, and upon approval and writ-
ten acceptance, he shall authorize the release from the guaranty
delivered by Owner of the agreed estimated cost for that portion
of the improvements except that ten percent ( 10%) of the estimated
cost shall be withheld until all proposed improvements are com-
pleted and approved by the City Engineer. Provided, that the
8
withheld ten percent ( 10%) of the estimated cost shall be withheld
until all proposed improvements are completed and approved by the
City Engineer. Provided, that the withheld ten percent ( 10% )
which relates to the improvements described in Paragraphs 1 and 2
above shall be released by City upon completion and approval by
the City Engineer of all such Paragraph 1 and 2 improvements and
regardless of the stage of completion of landscape improvements
described in Paragraph 3 above.
The Owner also agrees to deliver to the City, upon demand
therefor by the City Engineer, a maintenance bond or other suit-
able guarantee for the repair or replacement of any existing muni-
cipal improvements damaged during construction of new improve-
ments.
Furthermore, Owner hereby agreed to and does hereby warranty
all such improvements to accepted standards of good workmanship
for a period of one ( 1 ) year from and after acceptance thereof in
writing by the City.
It is the express understanding of the parties that the pro-
cedure set forth in Paragraph 13 of this Agreement regarding non-
compliance shall not be required with respect to the enforcement
and implementation of the financial assurances set forth herein
and required by Section 20-16( c) of the Municipal Code.
6. Employee Housing. As an inducement to the City to
approve the P.U.D. , Owner has agreed to provide "employee housing"
1
as described herein. Prior to the issuance of a Certificate of
Occupancy for the Project, and as a condition precedent thereto,
Owner agrees to and shall provide for use by Hotel employees a
minimum of fifteen ( 15) off-site employee bedrooms , deed re-
stricted to City "low-income" employee-housing rental and sale
price qualifications and occupancy guidelines ( as such guidelines
may be amended from time to time) , which bedrooms shall be in such
sizes and configurations ( including facilities and amenities) and
in such a location or locations all as may be acceptable to the
City (or its designee, which may be the Aspen/Pitkin Housing
Authority) , by constructing new deed restricted units or by pur-
chasing existing free market units and converting them to deed
restricted status . Provided, that the Owner shall have the right
in future to substitute other off-site employee bedrooms for
some or all of the bedrooms initially provided as above required,
so long as (i) the location, size and configuration of such sub-
stitute bedrooms is acceptable to the City, ( ii ) the minimum num-
ber of acceptable employee bedrooms required by this Paragraph 6
remains available at all times , and ( iii ) the same deed restric-
tions are imposed upon the substitute units prior to occupancy of
the substitute units . Upon the completion of such substitution as
above required, the City shall release the deed restrictions upon
those bedrooms which have been replaced with substitute bedrooms .
(0
In addition, Owner shall provide four (4) covenant restricted
employee bedrooms within the Project itself, and shall deliver to
the City an appropriate written covenant covering such bedrooms in
a form approved by the City Attorney and acceptable for recording .
Should the Owner decide to provide more than four (4) such cove-
nant restricted employee bedrooms within the Project itself,
Owner ' s off-site employee bedroom requirement shall be reduced
exactly by the number of covenant restricted employee bedrooms in
excess of four (4) provided within the Project itself. Should the
Owner, at the time of the Certificate of Occupancy for the Pro-
ject, not have provided all of the required 15 off-site employee
housing bedrooms, he shall, prior to the issuance of the Certifi-
cate of Occupancy, covenant-restrict that number of bedrooms with-
in the Project necessary to cover any shortfall in the off-site
housing requirements , which restricted bedrooms shall be released
from said covenants when applicant does provide the required num-
ber of off-site employee bedrooms.
The deed restriction and covenant restriction forms shall be
approved as to form by the City Attorney.
7. Off-site Parking . Owner agrees to participate with the
City in the construction of a 400-vehicle parking structure on the
Rio Grande property, to th extent of 60 spaces for Hotel guests
and employees. At such time as the City undertakes the construc-
tion of this structure, Owner shall and hereby agrees to partici-
pate proportionately (based on the need for 60 spaces) in the
N
financing , design, construction and maintenance of the parking
garage aspect thereof, such financial participation to be in the
form described in the following paragraph .
Owner' s proportionate share of the cost of constructing the
parking structure shall be determined by multiplying a fraction,
the numerator of which is 60 and the denominator of which is the
total number of parking spaces to be constructed times the portion
of the total construction cost ( including financing costs ( includ-
ing capitalized interest on bonds and bond issuance costs) ,
design, pre-construction and construction costs ) which is directly
allocable to the parking garage aspect of such structure . Owner
shall and hereby agrees to finance and pay for such share of the
construction cost in the following manner:
(a) No later than sixty (60) days following the issu-
ance of a Building Permit for construction of the Hotel Pro-
ject which is the subject of this Agreement , Owner shall
deliver to the City in the form of cash or certified funds
the sum of One Hundred Thousand Dollars ( $ 100,000 . 00 ) as a
down payment on such share. The City shall promptly escrow
such funds in an interest bearing account with the interest
earned thereon to accrue to the credit of Owner and be
applied to "the balance of Owner' s share" in calculating the
original principal amount of said Note until the date of
issuance of the Certificate of Occupancy for the Hotel Pro-
ject ( including any temporary Certificates of Occupancy) or
IZ
the date a building permit is issued for the City parking
structure, whichever is earlier.
If the date of the issuance of the building permit
for the parking sturcture is earlier, the City shall take
possession of the balance (principal plus accrued interest )
of the escrowed funds and apply it to the "balance of the
owner' s share" of capital obligations in connection with the
construction of the parking structure.
If the date of the issuance of the Certificate of
Occupancy of the Hotel Project is earlier, the balance of
principal and interest shall remain in escrow, which escrow
shall be administered as follows:
(i ) The City shall in the interim between the
occupancy of the hotel and the occupancy of the parking
garage provide for Owner ' s use and operation of fifteen
( 15) designated parking spaces at the existing Rio
Grande lot and forty-five (45 ) designated spaces at the
existing Golf Course lot. The right to any such spaces
shall expire upon the issuance of a Certificate of Occu-
pancy for the above-referenced parking garage. During
such interim period Owner shall be responsible for
insurance and operation of the designated spaces and for
the storage and retrieval of the Golf Course lot vehi-
cles and/or passengers and hotel guests and for the
supervision of Hotel vehicles in the Rio Grande lot by
I3
whatever administrative means (e.g. shuttle busses,
etc. ) Owner deems appropriate.
( ii) The rental market value of the sixty ( 60 )
spaces is stipulated to be $2 ,812. 50 per month ( such
value based on present monthly cost for parking space
rental within the City of Aspen at $75.00 for downtown
spaces and $37. 50 for out-of-town spaces) .
( iii) During the interim period, the City shall draw
from the escrow account (or from Note payments , as
described in paragraph 7(b) ) the amount of $2,812. 50 per
month in compensation for the designation of the sixty
(60) spaces.
(b) The balance of Owner 's share shall be represented
by Owner' s Promissory Note to the City as holder dated and
deposited in escrow to the City as of the date of issuance of
the building permit for construction of the parking structure
or date of the Certificate of Occupancy of the Hotel Project ,
whichever is earlier. The Note shall be delivered from
escrow to the City and become a debt on the date of the issu-
ance of a building permit for the construction of the parking
garage. The Note shall be in a form identical to that
attached hereto as Exhibit "B" and bearing simple interest at
the rate of % per annum ( i .e. the same interest rate as
the City' s bond rate under subparagraph ( e) hereof) and
reciting an 18% default interest rate, and payable in 180
equal consecutive monthly installments of principal and
interest commencing on the first day of the calendar month
following the month in which the Note is delivered . On the
date the Note is delivered, the City shall take possession of
the balance of the funds escrowed pursuant to paragraph 7 ( a) ,
being principal plus accrued interest minus monthly payments
in compensation for the sixty parking spaces . Between the
date of deliver of the Note and the issuance of a Certificate
of Occupancy for the parking structure , the first $2,812. 50
of any monthly Note payment shall be deemed to be in compen-
sation for the sixty parking spaces. Said Note shall be pre-
.
payable in any amount at any time and from time to time with-
out penalty or notice.
( c) As security for said Note, Owner hereby covenants
and agrees that from and after the date of delivery to the
City of said Note, and continuing for so long as any portion
of said Note remains unpaid, Owner shall collect as part of
the daily room rental rate for all rental rooms at the Hotel
not deed-restricted to employee housing a "transportation
charge" in the minimum amount of $5. 00 per day on every room
rental, and shall maintain a separate and accurate account
and accounting of the revenues as collateral for Owner' s per-
formance of his Promissory Note obligations. This account
shall be known as the "transportation charge collateral fund"
(the "Fund" ) and shall and hereby is pledged as security for
ice
the Owner' s obligations under the Note. Further, the Owner
agrees to remit to the City each month the portion of such
Fund revenues necessary to retire that month ' s Note install-
ment obligation. So long as any portion of said Note remains
unpaid, Owner shall maintain a transportation revenues
reserve account (being the Fund) in a responsible banking
institution containing sufficient fund to pay one ( 1 ) monthly
Note installment obligation in advance, but shall otherwise
be free to utilize any excess unpledged revenues for his own
purposes. In the event Owner shall ever be late in paying a
monthly Note installment obligation to the City, the City
shall have the right to demand that Owner increase the amount
held in such reserve account ( the Fund ) to cover three ( 3)
monthly Note installment obligations in advance. Owner
agrees to comply with such demand and thereafter to maintain
the pledged account at the three (3) month level. City shall
have the right to examine and/or audit the transportation
charge accounting and the related reserve account at any
reasonable time or times .
(d) Owner further agrees that the subject Promissory
Note shall contain a provision to the effect that in the
event that controlling interest in the Hotel Project is
transferred from John F. Gilmore to a third person or persons
( by sale, foreclosure, operation of law, or otherwise) , while
said Note remains unpaid, the City shall have the right (but
I'
• not the obligation) to declare the entire remaining balance
of said Note immediately due and payable as of the effective
date of such transfer.
( e) Should the City fail to commence construction of a
parking structure within two years of the issuance of a cer-
tificate of occupany for the hotel , Owner shall have the
right to implement an alternative plan for the provision of
60 parking spaces. Should Owner implement an alternative
plan for the provision of 60 parking spaces, Owner shall have
the right to cancel all further obligations of the personal
promissory note which become due and payable following the
date when the 60 alternative parking spaces become available
for Owner 's use. However, should Owner provide 60 alterna-
tive parking spaces, the downpayment and all interest earn-
ings referred to in paragraph 7 (a) and all payments received
by the City under the terms of the personal promissory note
referred to in paragraph 7(b) and 7 ( c) shall belong to the
City in consideration for the parking provided at the Rio
Grande and Golf Course Parking Lots up to the date that the
60 alternative parking spaces become available for owners
use. In addition, should City fail to commence construction
of a parking structure within two years of the date of issu-
ance of a Certificate of Occupancy for the hotel project,
Owner shall have the right to demand that the City negotiate ,
in good faith , a long term lease (no less than 15 years) for
t7
• the 60 parking spots on the Rio Grande and Golf Course Park-
ing Lots.
In addition, Owner shall be responsible for his proportionate
share of the annual costs , expenses and assessments of operating ,
maintaining and repairing the parking garage aspect of the parking
garage structure following its completion. In consideration of
the above-described financial participation and subsequent opera-
tional cost sharing, Owner shall be entitled to the perpetual use
and enjoyment of a defined block of sixty ( 60 ) parking spaces in
the structure, free of parking fees .
8. Tax Increment Financing and/or Industrial Development
Bond Financing. Owner shall and hereby consents to the City 's (or
other governmental or quasi-governmental entity) solicitation and
marketing, if possible, or a "tax increment bond" in the amount of
the balance of Owner' s share of the parking structure construction
cost (plus capitalized interest costs , if any, and bond issuance
and sale expenses) , the proceeds of which bond may be applied by
the City to the construction of the subject parking structure or
for any other lawful improvement project . Such bond shall bear
simple interest at a rate to be determined by the issuer, shall be
retirable over a period of 25 years , and shall be secured by a
pledge by the City of the increase in real property taxes and/or
sales tax assessed to the Hotel Jerome property which will occur
as a normal consequence of the renovation and expansion thereof
contemplated by this Agreement. However, the bonding itself will
cause no additional taxes or other charges to be imposed upon
Owner other than the above- referenced improvement costs, plus
capitalized interest costs , if any, and bond issuance and sale
expenses. City will, of course, be reimbursed on a continuing
basis for its bond retirement obligations by the monthly install-
ment payments being made by Owner under the above-described Pro-
missory Note.
The Owner further agrees to use his best efforts to cooperate
with the City in the issuance and sale of any Industrial Develop-
ment Bonds in connection with the financing of the parking lot
structure.
i1
9. Planter Encroachments . Owner agrees to obtain such
approvals and/or licenses as may be necessary with respect to
planters which encroach into public sidewalks, prior to the issu-
ance of a building permit for such planters.
10. Periodic Project Reviews . Owner agrees that every six
(6) months following the date of final City approval of this Pro-
ject until the construction thereof is complete, he will meet with
the City Planning Office for the purpose of informing the Planning
Office as to his progress in meeting the conditions to such final
project approval. If the Planning Office deems it necessary, the
Planning Office will report to the City Planning and Zoning Com-
mission on the outcome of one or more of these meetings . The
Owner and the City recognize that these meetings are not oppor-
tunities for the Owner to avoid complying with conditions to final
approval, but are for purposes of providing progress reports and
developing mutually acceptable solutions to any problems that may
be encountered during the construction period.
11 . Permanent Care and Maintenance of Landscaping. Owner
agrees that it shall be the perpetual responsibility of the owner
or owners from time to time of the Hotel Jerome property to main-
tain, care for, and replace when necessary, all trees , shrubs,
plants , and other landscaping features which may be planted in
connection with or which are otherwise incorporated in the Hotel
Jerome Project pursuant to the Landscape Plan submitted to the
City as a part of the Final Plat.
1
12. Use and Maintenance of Open Space. Owner shall occupy
the Project Open Space ( i .e. the exterior patio and pool areas
shown on the Landscape Plan) for such uses as may from time to
time be deemed appropriate by Owner, provided that such occupancy
and uses shall at all times be in compliance with the then-appli-
cable
provisions of the Aspen Municipal Code. Owner agrees that
it shall be the perpetual responsibility of the owner or owners
from time to time of the Hotel Jerome property to maintain in a
clean and attractive condition and in a good state of repair all
such Open Space contained within the Project.
13. Non-Compliance and Request for Amendments or Extensions
by Owner. In the event that the City Council determines that the
Owner is not acting in substantial compliance with the terms of
this Agreement, the City Council may issue and serve upon the
Owner a written order specifying the alleged non-compliance and
requiring the Owner to cease and desist from such non-compliance
and rectify the same within such reasonable time as the City Coun-
cil may determine. Within twenty ( 20) days of the receipt of such
order, the Owner may file with the City Council either a notice
advising the City Council that it is in compliance or a written
petition requesting a hearing to determine any one or both of the
following matters:
(a) Whether the alleged non-compliance exists or did
exist , or
2(
(b) Whether a variance , extension of time or amendment
to this Agreement should be granted with respect to any such
non-compliance which is determined to exist.
Upon the receipt of such petition, the City Council shall
promptly schedule a hearing to consider the matters set forth in
the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally
established by the City Council for other hearings. If the City
Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such
orders as may be appropriate; provided, however, no order termi-
nating any approval granted herein shall be granted without a
finding of the City Council that substantial evidence warrants
such action and affording the Owner a reasonable time to remedy
such non-compliance. A final determination of non-compliance
which has not been remedied or for which no variance has been
granted shall , at the option of the City Council , and upon written
notice to the Owner, terminate any of the approvals contained
herein.
In addition to the foregoing, the Owner or its successors or
assigns may, on its own initiative, petition the City Council for
an amendment to this Agreement or the Plat or to extend any of the
time periods required for performance. With respect to the Con-
struction Schedule, the Owner has made various assumptions , in-
cluding the following :
y2
• ( 1 ) Final approval of the Plat and related documentation
prior to April 1 , 1983;
(2) Negotiation, arrangement and completion of pre-construc-
tion activity by Owner, including construction borrowing, bidding,
contractor selection and contractor mobilization prior to the pro-
jected starting date of August 15, 1983;
(3 ) Ratification of the estimated construction and develop-
ment schedule by the selected lender and contractors.
(4 ) Immediate availability of the required labor forces and
construction materials at all necessary phases throughout the Pro-
ject .
( 5) No interruption in construction operations through the
1983/1984 winter months by acts of God or other matters beyond the
control of the Owner .
The City Council shall not unreasonably refuse to extend the
time periods for performance indicated in the Construction Sche-
dule if Owner demonstrates by a preponderance of the evidence that
the reasons for said extension are beyond the control of the
Owner, despite good faith efforts on his part to accomplish the
same.
14. Notice. Notices to be given to the parties to this
Agreement shall be deemed given if personally delivered or if
deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below, or at such
25
,other addresses as may be substituted upon written notice by the
parties or their successors or assigns:
City of Aspen: City Manager
130 South Galena Street
Aspen, Colorado 81611
Owner: John F. Gilmore
Hotel Jerome
330 East Main Street
Aspen', Colorado 81611
with a copy to: Holland & Hart F
600 East Main Street
Aspen, Colorado 81611
15. Binding Clause. The provisions hereof shall run with
and constitute a burden upon the title to the subject property,
and shall be binding upon and shall inure to the benefit of the
Owner and the City and their respective heirs , personal repre-
sentatives , successors and assigns.
16. Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado and
the Municipal Code of the City of Aspen.
17. Severability. If any of the provisions of this Agree-
ment or any paragraph , sentence, clause, phrase, word or section
or the application thereof in any circumstances is invalidated ,
such invalidity shall not affect the validity of the remainder of
the Agreement and the validity of any such provision, paragraph ,
sentence, clause, phrase, word or section under any other circum-
stances shall not be affected thereby.
18. Entire Agreement; Amendment. This Agreement contains
•
the entire understanding and agreement between the parties herein
with respect to the transactions contemplated hereunder and may be
altered or amended from time to time only by written instrument
executed by each of the parties hereto.
19 . Acceptance of Plat. Upon execution of this Agreement by
all parties hereto, the City agrees to approve and execute the
Final Planned Unit Development Plat for the Hotel Jerome-Renova-
tion and Addition, and to accept the same for recordation in the
Recording Office of Pitkin County, Colorado, upon payment of the
recordation fee and costs to the City by Owner.
IN WITNESS WHEREOF, the parties here hereunto set their hands
and seals the day and year first above written.
CITY OF ASPEN, A Colorado
Municipal Corporation
By
Herman Edel , Mayor
ATTEST:
Kathryn S. Koch, City Clerk
APPROVED AS TO FORM:
Paul J. Taddune, City Attorney
OWNER:
John F. Gilmore
STATE OF COLORADO )
ss.
County of Pitkin )
The foregoing was acknowledged before me this day of
, 1983, by Herman Edel , as Mayor,
and Kathryn S . Koch, as City Clerk, of the City of Aspen, State of
Colorado.
Witness my hand and official seal .
My commission expires:
Notary Public
Address
STATE OF COLORADO )
ss .
County of Pitkin )
The foregoing was acknowledged before me this day of
March , 1983 , by John F. Gilmore. '
Witness my hand and official seal .
My commission expires:
Notary Public
Address
EXHIBIT "A"
The following is a breakdown of estimated costs for construc-
tion of improvements on the City rights-of-way around the Hotel
Jerome. The figures are 1983 dollars and are generally based on
1982 bids for City work.
1 . Sidewalks, Curb and Gutter
New walks
Main Street 8 ' x 180 ' @ 3. 50/s .f. = $ 5,040
Sleeker Street 6 ' x 300 ' @ 3. 50/s. f . = 6 ,300
Monarch Street 6 ' x 120 ' @ 3. 50/s.f. = 2 ,520
Damaged sidewalk
Say 20 ' x 8 ' @ 3. 50/s.f. = 560
New curbs
Main Street 200 l . f. @ 10 .25/1. f. = 2,050
Sleeker Street 30 l .f. @ 10. 25/1 . f. = 308
Damaged curb
Say 40 l . f. @ 10 .25/1. f. = 410
Total sidewalk, curb and gutter = $17, 188
2. Other Physical Improvements
Water System
Compensation to the in to Monarch SE 12" = $ 2,750
Furnish and install 8" GV & VB 2 ea.
@ 600 = 1 ,200
Furnish and install 8" cl 52 D. I.
pipe 240 l . f. @ 28/l . f. = 6, 720
8" x 6" tee 1 ea. 325
6" cl 52 D. I . pipe 20 ' @ 24/l. f. = 480
6" GV & VB 1 ea. = 425
6" fire hydrant 1 ea. = 1 ,200
8" plug and kickblock 1 ea. = 125
13 ,225
Contingency fees @ 20% 2,645
Total water lines $15, 870
Reset property pins 2 ,000
Total other physical improvements $17,870
3. Landscaping
Lacking hard figures for the better part of the planting and
work proposed, we will estimate the cost of landscaping in the
right-of-way at $ 10 ,000 .
CITY OF ASPEN
ENGINEERING DEPARTMENT
By
Daniel A. McArthur
City Engineer
PLANNED UNIT DEVELOPMENT AGREEMENT
HOTEL JEROME - RENOVATION AND ADDITION
THIS AGREEMENT , made and entered into this day of
, 1982 , by and between the CITY OF ASPEN , COLORADO ,
a municipal corporation ( hereinafter referred to as "City" ) , and
JOHN F. GILMORE ( hereinafter referred to as "Owner " ) ,
W I T N E S S E T E
WHEREAS , Owner has submitted to the City for approval ,
execution and recording a Final Planned Unit Development Plat
( hereinafter referred to as the "Plat" ) pertaining to the
development of a project known as the "Hotel Jerome - Renovation
and Addition" ( hereinafter referred to as the "Project" ) on a
parcel of real property described as Lots A, E , C , D, E , F, G , H ,
I , 0, P , Q , R, S and the East 20 feet of Lot N , Block 79 ,
together with the vacated East 100 feet of the alley in said
Block 79 , City and Townsite of Aspen , County of Pitkin , State of
Colorado ; and
WHEREAS , the subject property is located within an area of
the City zoned CC Commercial Core ; and
WHEREAS , the City has fully considered said Plat , the
proposed development and improvement of the land therein , and the
burdens to be imposed upon other adjoining or neighboring
properties by reason of the proposed development and improvement
of land included in the Plat; and
WHEREAS , the City is willing to approve , execute and accept
tor recordation said Plat upon the agreement of Owner to the
matters hereinafter described , and subject to all the
requirements , terms and conditions of the City of Aspen
Subdivision Regulations now in effect and such other laws , rules
and regulations as are applicable ; and
WHEREAS , the City has imposed conditions and requirements in
connection with its approval , execution and acceptance for
recordation of the Plat , and such matters are necessary to
protect , promote and enhance the public welfare ; and
wHEF.LF,S , under tue authority of Section 20-16 ( c ) of the
...span ; unicipal Code , the City is entitled to assurance that the
matters hereinafter agreed to will be faithfully performed by
Owner ; and
IhYEEREAS , Owner is willing to enter into such agreement with ,
and to provide such assurance to , cne City .
NOV , THEREFORE , in consideration of the premises , the mutual
covenants herein contained , and the approval , execution and
acceptance of the Plat for recordation by the City, it is agreed
as follows:
1 . Sidewalks , Curb and Gutter . Prior to the issuance of a
Certificate of Occupancy for the Project , Owner shall construct
new sidewalks along the entire Project frontages on Main ,
Monarch , and Bleeper Streets , together with curb and gutter as
need , according to normal City specifications . In order to
secure the performance of the construction and installation of
the foregoing improvements , and to guarantee one hundred ( 100% )
percent of the current estimated cost of such improvements agreed
by the City Engineer to be $ , Owner shall guarantee
through a conventional lender , or by sight draft or letter of
commitment from a financially responsible lender ( irrevocable
until such construction is completed ) that funds in the amount of
such estimated cost are held by it for the account of Owner for
the construction and installation of the above-described
improvements. Said guaranty shall be delivered to the City prior
to the issuance to Owner of a building permit for the Project ,
and shall give the City the unconditional right, upon default by
the Owner , to withdraw funds upon demand to partially or fully
complete and/or pay for any of such improvements or pay any
outstanding bills for work done thereon by any party.
Furthermore , Owner hereby agrees to warranty all such
improvements for a period of one (1 ) year after acceptance
thereof by the City.
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2 . Employee Housing . Prior to the issuance of a
Certificate of Occupancy for the Project , and as a condition
precedent thereto , Owner agrees to and shall acquire record
ownership of fifteen ( 15 ) off-site employee housing units , deed
restricted to City low-income rental/resale guidelines , such
units to include a minimum of fifteen ( 15 ) bedrooms , in a
location or locations acceptable to tne City.
3 . Off-site Parking . Prior to the issuance of a
Certificate of Occupancy for the Project , and as a condition
precedent thereto , Owner shall have provided sixty ( 60 ) off-site
automobile parking spaces for hotel guests and employees , such
spaces tentatively to be located in the proposed City parking
structure on the RIO Grande property. If the City coordinates
tne construction of this structure with the development of the
Project , Owner shall participate proportionately ( based on the
need for 60 spaces ) in the financing thereof . In other words ,
Owner shall bear his proportionate share of ( i ) the initial funds
required for such structure , and ( ii ) the term financing arranged
for by the City to cover the balance of the cost of construction
thereof . In addition , Owner shall be responsible for his
proportionate share of the continuing costs and expenses of
operating , maintaining and repairing such structure . In the
event that the coordination of these projects is determined not
be feasible , Owner shall provide the required spaces in such
other location and on such terms and conditions as shall be
mutually agreeable to Owner and City.
4 . Binding Clause . The provisions hereof shall be binding
upon and shall inure to the benefit of the Owner and the City and
their respective successors and assigns .
5 . Applicable Law. This Agreement shall be subject to and
construed in accordance with the laws of the State of Colorado
and the Municipal Code of the City of Aspen .
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6 . Severabiliti. If any of the provisions of this
Agreement or any paragraph , sentence , clause , phrase , word or
section or the application thereof in any circumstances is
invalidated , such invalidity shall not affect the validity of the
remainder of the Agreement and the validity of any such
provision , paragraph , sentence , clause , phrase , word or section
under any other circumstances shall not be affected thereby.
7 . Entire Agreement ; Amendment . This Agreement contains
the entire understanding and agreement between the parties herein
with respect to the transactions contemplated hereunder and may
be altered or amended from time to time only by written
instrument executed by each of the parties hereto .
8 . Acceptance of Plat . Upon execution of this Agreement
by all parties hereto , the City agrees to approve and execute the
Final Planned Unit Development Plat for the Hotel Jerome-
Renovation and Addition , and to accept the same for recordation
in the Recording Office of Pitkin County , Colorado , upon payment
of the recordation fees and costs to the City by Owner .
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written .
CITY OF ASPEN , a Colorado
Municipal Corporation
By
Herman Edel , Mayor
ATTEST:
Kathryn S . Koch , City Clerk
APPROVED AS TO FORM:
Paul J . Taddune , City Attorney
John F. Gilmore
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STATE OF COLCE?AD'O
es .
COUNTY OF PI, TKIN
Tne foregoing was acknowledged before me this day of
, 1982 by Herman Edel , as Mayor , and Kathryn S . Koch , as
City Clerk , of the City of A een , State of Colorado .
Witness my hand and official seal .
My commission expires on :
Notary Public
Address
STATE OF COLORADO
ss .
COUNTY OF PIT'KIN
The foregoing was acknowledced before me this __ day of
, 19£2 by John F . Gilmore .
Witness my nand and official seal .
My commission expires on :
Notary Public
Address
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