HomeMy WebLinkAboutLand Use Case.330 E Main St.0025.2012.ASLU A0
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0025.2012.ASLU
PARCEL ID NUMBERS 2737 07 3 21 001
PROJECTS ADDRESS 330 E MAIN ST
PLANNER SARA ADAMS
CASE DESCRIPTION INSUBSTANTIAL AMENDMENT
REPRESENTATIVE SUNNY VANN
DATE OF FINAL ACTION 4.27.12
CLOSED BY ANGELA SCOREY ON: 8.30.12
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
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ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, & (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally
certify that I have complied with the public notice requirements of Section 26.304.060
(E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official
paper or a paper of general circulation in the City of Aspen at least fourteen (14)
days after final approval of a site specific development plan. A copy of the
publication is attached hereto.
Publication of notice: By the publication in the legal notice section of an official
Paper or a paper of general circulation in the City of Aspen no later than fifteen
(15) days after an Interpretation has been rendered. A copy of the publication is
attached hereto.
r
Signature
The foregoing "Affidavit of Notice"was acknowledged before me this l D day
of KG4-� , 20j_Z,by )nc- �Q c --s-e_
'C OY•pv@
suBLICNOTICE Q`� 1�C� WITNESS MY HAND AND OFFICIAL SEAL
DEVPJ.OPMENTAPPROVAL I, '�
Notice is hereh/given to the general public of the
approval of a a le-specific development plan,and
the creation or'a vested property right pursuant to - t�dG ` My,commission expires:
the Land Use�ode of the City of Aspen and Title
24,Article 68,Colorado Revised Statutes,pertain- `
ing no the following described property: Parcel ID `°
Jerome,73301E st•Main She is L described and Lots I. �the
0-S,and the easterly 20 feet of Lot N and the
easterly 170 feet of the vacated alley all in Block cYy�yt� � y otary Public
79,City and Townsite of Aspen,Pitkin County, E'V"'s$� ��4 an ad Community levelopm�entlDirectorrdmee applicant
received an insubstantial amendment to Ordi-
nonce No.42,Series of 2006.The approvals are
City of Aspen. For furthe P nf'oami anion file ontact the
ra Adams at the City of Aspen Community contact Sa- ATTACHMENTS:
(970)4 Dept.,,30 s.Galena St.,Aspe"'°°'°rod°. COPY OF THE PUBLICATION
(970)gms pt 76.
City of Aspen
Published in The Aspen Times Week on May 10,
2012.[7881648]
DEVELOPMENT ORDER
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site-specific development plan pursuant to
the provisions of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three (3) -year vested property right. The vested property right
shall expire on the day after the third anniversary of the effective date of this Order, unless the
change is accomplished or a building permit is approved pursuant to Section 26.304.075, or
unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant
to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full
force and effect, excluding any growth management allotments granted pursuant to Section
26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective
date of this Order.
This Development Order is associated with the property noted below for the site-specific
development plan as described below.
_Property Owner's Name,Mailing Address and telephone number:
Jerome Property, LLC, 540 West Madison, Chicago, IL 60661, (312) 542-1030.
Legal Description and Street Address of Subject Property:
The Hotel Jerome, 330 East Main Street, Lots A—I and Lots O—S, and the easterly 20
feet of Lot N and the easterly 170 feet of the vacated alley all in Block 79, City and Townsite of
Aspen, Colorado. Parcel ID#2737-073-21-001.
Written Description of the Site Specific Plan and/or Attachment Describing Plan:
Insubstantial PUD amendment to update the Planned Unit Development Agreement to
memorialize the conditions of approval that the applicant has met.
Land Use Approval Received and Dates:
Administrative approval granted on April 27, 2012
Effective Date of Development Order:
May 10, 2012. (Same as date of publication of notice of approval.)
Expiration Date of Development Order:
May 10, 2015. (The extension, reinstatement, exemption from expiration and revocation
may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal
Code.)
Issu this 7th ay of May 2012, by the City of Aspen Community Development Director.
Chris Bendon
Community Development Director
City of Aspen
AMENDMENT TO 2007 HOTEL JEROME PUD AGREEMENT
THIS AMENDMENT TO 2007 HOTEL JEROME PUD AGREEMENT("Amended
PUD Agreement")is made and entered into this' day of bWi 1- 2012,by and between
THE CITY OF ASPEN,COLORADO,a municipal corpo on(hereinafter referred to as
"City"),and JEROME PROPERTY,LLC,a Delaware corporation(hereinafta referred to as
"Owner").
W112L ff SETH:
WHEREAS,Owner is the current owner of the Hotel Jerome,located at 330 East Main
Street in Aspen,Colorado,said property being more particularly described as Lots A-I and Lots
O-S and the Easterly 20 feet of Lot N and the Easterly 170 feet of the vacated alley,all in Block
79,City and Townsite of Aspen,Pitkin County,Colorado(the"Hotel Jerome Property");and
WHEREAS,Owner is the current owner of the Cortina Lodge,located at 220 and 230
East Main Street in Aspen,Colorado,said property being more particularly described as Lots P
and Q,Block 73,City and Townsite of Aspen,Pitkin County,Colorado(the"Cortina Lodge
Property");and
WHEREAS,the prior owner of the Hotel Jerome Property was a party to the 2007 Hotel
Jerome PUD Agreement recorded in the real property records of Pitkin County,Colorado on
January 30,2007 at Reception No. 533928("2007 PUD Agreement"),which agreement granted
the approval and recordation of a Hotel Jerome Final PUD Development Plan at Book 82 Pages
42-59 of the records of Pitkin County,Colorado along with related documents("PUD
Development Plan");and
WHEREAS,Owner has submitted to City an application for an insubstantial amendment
of the 2007 PUD Agreement("Application"),which Application requests the approval and
recordation of amendments to the PUD Development Plan and related documents(collectively,
the"Amended PUD Development Plan");and
WHEREAS,the Amended PUD Development Plan replaces the portions of the PUD
Development Plan that are recorded at Book 82 at Pages 45-50 and Page 52 while leaving the
remaining pages of the PUD Development Plan in tact;and
WIRUtFAS,City has fully considered the Application,the Amended PUD Development
Plan,and the modifications to the proposed development and improvement_of the Hotel Jerome
Property,and has determined that the proposed amendments to the 2007 PUD Agreement and
the Amended PUD Development Plan are consistent with the review criteria for an"insubstantial
amendment"to a PUD agreement as set forth in the Aspen Municipal Code Section
26.445.100(A),with conditions;and
WHEREAS,City has imposed certain conditions and requirements in connection with its
approval of the Application and its approval and recordation of the Amended PUD Development
Plan,such matters being necessary to protect,promote and enhance the public welfare;and
RECEPTION#: 588636, 04/27/2012 at
02:37:34 PM,
1 OF 7, R $41.00 Doc Code AMENDMENT
Janice K.Vas Caudill, Pitkin County, CO
WHEREAS,Owner is wilting to acknowledge,accept,abide by and faithfully perform
the conditions and requirements imposed by City in approving the Application and the Amended
PUD Development Plan;and
WHEREAS,contemporaneously with the execution and recording of this Amended PUD
Agee
CI er have recorded the Amended PUD Development Plan as Reception
No. in the Office of the Clerk and Recorder of Piddri County,Colorado.
NOW,THEREFORE,for and in consideration of the mutual covenants and agreements
herein contained and the approval and acceptance for recordation by the City of the Amended
PUD Development Plan,and for other good and valuable consideration,the receipt and
sufficiency of which are hereby aclaowledged,the parties agree to the following provisions.
Reference is made to the paragraph numbers of the 2007 PUD Agreement. These provisions
modify and amend the 2007 PUD Agreement,and control over any inconsistent provisions
therein:
1.1. Paruose. The purpose of this Amended PUD Agreement is to set forth the
understanding and agreement of the parties with respect to the revised plans for the renovation of
the Hotel Jerome and to enumerate all amendments to the terms and conditions of the 2007 PUD
Agreement,so that the parties have set forth all terms and conditions under which such
renovation may occur.
1.2. Vested Ruts. The right to undertake and complete the development and use of
the Hotel Jerome Property pursuant to the terms and provisions of the 2007 PUD Agreement,this
Amended PUD Agreement,and the PUD Development Plan as amended by the Amended PUD
Development Plan is vested until March 22,2015 and shall not be altered,impaired,diminished
or delayed by any subsequent zoning or land use action that is prohibited by C.R.S. §2468-
105(1). The 2007 PUD Agreement,this Amended PUD Agreement,and the PUD Development
Plan as amended by the Amended PUD Development Plan shall be considered a"development
agreement"as that term is used in C.R.S. §24-68-104(2).
2.2. Dimensional Requirements for Hotel Jerome.
(1) Allowable Floor Area 113,733 square feet
Commercial: 13,838 square feet
Lodge Units: 59,072 square feet
Other: 40,823 square feet
3.1. Hotel Jerome Comuonent The renovated Hotel Jerome will contain(i)94
lodge units containing a maximum of 59,072 square feet of floor area,calculated in accordance
with the City's floor area regulations in effect at the time Owner submits an application for a
building permit for the Hotel Jerome Property,(ii)14,734 square feet of net leasable commercial
area based on the City's net leaseable area regulations in effect at the time Owner submits an
application for a building permit for the Hotel Jerome Property,(iii)47 parking spaces located in
the Hotel garage,and(iv)various back-of-the-house facilities and areas containing a maximum
of 44,823 square feet of floor area. Exhibit A to the 2007 PUD Agreement is hereby deleted.
2
3.2(a). Cortina Lodge Component The parties acknowledge and agree that the Owner
has completed the renovation of the Cortina Lodge substantially in conformance with the
conditions of the 2007 PUD Agreement,and the City has issued a Certificate of Occupancy and
accepted such renovation as full and complete discharge of Owner's obligations to renovate the
Cortina Lodge.
32(b)(c)(d). Cortina Lodge Component The parties acknowledge and agree that the
Owner has deed restricted the affordable housing units in the Cortina Lodge substantially in
conformance with Paragraphs 3.2ftc)(d)of the 2007 PUD Agreement,which deed restriction
was recorded in the records of Pitkin County,Colorado on January 10,2011 at Reception No.
576617("Deed Restriction'"). The Deed Restriction was approved and recorded as full and
complete discharge of Owner's obligations to deed restrict the affordable housing units in the
Cortina Lodge.
3.3. Affordable Rousing Mitigation. No affordable housing mitigation shall be
required in connection with the renovation of the Hotel Jerome Property and the expansion of its
net leasable commercial area approved pursuant to the Notice of Approval recorded March 20,
2012 at Reception No.587590. An affordable housing mitigation credit in the amount of one(1)
FrE shall remain at the Cortina Lodge upon issuance of a Certificate of Occupancy for the
renovated Hotel Jerome,which credit may be applied to any further expansion of the hotel's
lodge rooms and/or commercial net leasable area.
14(a). Construction in Accordance with Plans and HPC Resolutions—Hotel
Jerome. The Hotel Jerome renovation,and all of its component parts,shall be accomplished in
substantial compliance with the PUD Development Plan as amended by the Amended PUD
Development Plan,and with all architectural plans and elevations,utility plans,and drainage
plans that are recorded contemporaneously therewith.
3.4(a)(ii)and(iii). Paragraphs 3.4(a)(ii)and 3.4(a)(iii)of the 2007 PUD Agreement are
hereby deleted.
I
3.4(b). Cortina Lodes The parties acknowledge and agree that the Owner has
completed the renovation of the Cortina Lodge substantially in conformance with the conditions
of the 2007 PUD Agreement and the City has issued a Certificate of Occupancy and accepted
such renovation as full and complete discharge of Owner's obligations to renovate the Cortina
Lodge pursuant to the 2007 PUD Agreement
3.6. Inventory and Treatment of Interior Features of Hotel Jerome. The parties
acknowledge and agree that the Owner has completed the conditions set forth in Paragraphs
3.6(a)and(b)of the 2007 PUD Agreement,and the City has issued a Notice of Approval
recorded March 20,2012 as Reception No.587589 accepting the Inventory and proposed
treatment in full and complete discharge of the Owner's obligations pursuant to the 2007 PUD
Agreement.
3
3.7. Cortina Lodge Historic Landmark Desiemation. The parties acknowledge
and agree that the Owner has historically designated the Cortina Lodge substantially in
accordance with the conditions of Paragraph 3.7 of the 2007 PUD Agreement,which designation
is set forth in City Council Ordinance No.25, Series of 2010. As such,this condition to
receiving a building permit for the Hotel Jerome Property has been met.
3.$(a). Hotel Jerome L.andacnne Improvements. The Owner has no present plans to
implement the Conceptual Landscape Plan included in the 2007 PUD Development Plan. If a
new landscape plan is developed,it shall be submitted by the Owner for review and approval by
the City Parks Department and the HPC staff and monitor. The provision requiring that a Final
Landscape Plan be submitted prior to issuance of a building permit for the Hotel Jerome Property
is deleted.
Article N.A. Hotel Jerome Landscaping Improvements. The Owner has no present
plans to implement the Conceptual Landscape Plan included in the 2007 PUD Development
Plan. As such,the provision that the landscaping improvements be completed no later than six
(6)months following the issuance of a Certificate of Occupancy for the Hotel Jerome Property
renovation is deleted.
Article N.B. Hotel Jerome Landscape Improvements—FinaneW Assurances. The
Owner has no present plans to implement the Conceptual Landscape Plan included in the 2007
PUD Development Plan.. As such,the provision requiring a letter of credit to be issued prior to
the issuance of a building permit for the Hotel Jerome Property renovation is deleted.
GENERAL PROVISIONS
a. The provisions hereof shall be binding upon and inure to the benefit of Owner and
City and their respective successors and assigns
b. This Amended PUD Agreement shall be subject to and construed in accordance
with the laws of the State of Colorado.
C. If any of the provisions of this Amended PUD Agreement or any paragraph,
sentence, clause, phrase, word., or section or the application thereof in any circumstance is
invalidated, such invalidity shall not affect the validity of the remainder of this Amended PUD
Agreement, and the application of any such provision, paragraph, sentence, clause, phrase,
word,or section in any other circumstance shall not be affected thereby.
d. This Amended PUD Agreement and the exhibits attached hereto contain the entire
understanding between the parties hereto with respect to the transactions contemplated
hereunder. Owner,its successors or assigns,may, on its own initiative,petition the City Council
for an amendment to this Amended PUD Agreement or for an extension of one or more of the
time periods required for performance hereunder. The City Council shall not unreasonably deny
such petition for amendment or extension after considering all appropriate circumstances. Any
4
such amendments or extensions of time shall only become effective upon the execution by all
parties hereto that are affected by the proposed amendment.
e. Numerical and title headings contained in this Amended PUD Agreement are for
convenience only,and shall not be deemed determinative of the substance contained herein. As
used herein, where the context requires, the use of the singular shall include the plural and the
use of any gender shall include all genders.
f. Upon execution of this Amended PUD Agreement by all parties hereto, City
agrees to approve the Amendments to PUD Development Plan and to accept the same for
recordation in the office of the Clerk and Recorder for Pitkin County, Colorado, upon payment
of the recordation fees by Owner.
g. Notices to be given to the parties to this Amended PUD Agreement shall be
considered to be given if hand delivered or if deposited in the United States Mail to the patties
by registered or certified mail at the addresses indicated below, or such other addresses as may
be substituted upon written notice by the parties or their successors or assigns:
CITY: City of Aspen
City Manager
130 South Galena Street
Aspen,CO 81611
OWNER: Jerome Property, LLC
c/o Hans Pusch
240 West Madison Street
Chicago,IL 60661
With Copy to: Maria Morrow
Oates,Knezevich,Gardenswartz,Kelly&Morrow,P.C.
533 E.Hopkins Avenue,P Floor
Aspen,CO 81611
h. This Amended PUD Agreement may be executed in counterparts, in which case
all such counterparts together shall constitute one and the same instrument which is binding on
all of the parties thereto,notwithstanding that all of the parties are not signatory to the original or
the same counterpart. Facsimile signatures shall be treated as original signatures hereon.
i. The terms, conditions, provisions and obligations herein contained shall be
deemed covenants that run with and burden the Property and any and all owners thereof or
interests therein, their respective successors, grantees or assigns, and further shall inure to the
benefit of and be specifically enforceable by or against the parties hereto, their respective
successors,grantees or assigns.
5
IN WITNESS WHEREOF,the parties have hereunto set their hands and seats as of the
day and year first above written.
CITY: City of Asnem.Colorado,a Colorado municipal corporation
BY ( A4
C V is Bendon
Community Development Director
Attest,
x$wrym S. h,City Clerk-
APPROVED AS TO FORM:
�------
ames 1L Tme,City Attorney
OWNER: Jerome Property,LLC
By:
6
STATE OF COLORADO )
) 5S.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this O'�day of—OP 2012
by and Kagiryn S.Koch as City Clerk of the City of Aspen,Colorado,a
nlvc�M Am ly-wd"(m- P fKaw
Witness my hand and official seal. I My commission expires:
A,
tart'Public
qlE OF C
STATE OF ILLINOIS }
Ss.
COUNTY OF U, k _ )
fic\
The foregoing instrument was acknowledged before me this day of 62X t 1 2012
by tL4Lc k& <, as � �c -- of Jerome
Property,LLC,a Delaware limited liability company.
Witness my hand and official seal.
My commission expires_ C"'l-A / 1'1
=PUBLIC L
Y
NOTARY OF i�uva�s Notary PublEN4118/14
7
NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to
330 East Main Street,aka the Hotel Jerome
Parcel ID No.2737-073--21-001:
AprucANT: Jerome Property,LLC
540 West Madison,Chicago,IL 60661
RsPRuicNTATxn: Sunny Vann,Vann Associates,LLC
P.O.Box 4827,Basalt,CO 81621
970/925-6958
SITE of Atr mmzmT: The Hotel Jerome. 330 East Main Street,Lots A—1,and Lots O—
S,and the emteriy 20 feet of Lot N and the easterly 170 feet of the
vacated alley all in Block 79,City and Townsite of Aspen, Pitkin
County,Colorado.
SUMNURY:
The Applicant requests approval to update the 2007 PUD Agreement(recordation# 533928)to
memorialize various provisions of the Agreement that have been met by the Applicant including
the landmark designation and recordation of deed restrictions for the Cortina Lodge, obligations
related to the inventory and preservation of interior element;and obligations that no longer apply
to the scope of project including the landscape plan and the proposed awnings and metal balcony
railings.
BACKCRoum:
PRioR To 2006
In 1986 the Amended and Restated PUD Plat(Book 518,Page 949)permitted 94 lodge rooms.
Various land use approvals were granted to the Hotel Jerome prior to 2006. All of these
approvals were superseded by the PUD amendment in 2006 with the exception of a requirement
that 20 fall time equivalents arc housed in the Cortina Lodge.
2
City Council approved Ordinance No. 42, Series of 2006 replacing the previous entitlements
with a new approval that permitted the enlargement of the Hotel's net leasable commercial area,
the reconfiguration and renovation of the Hotel's Main and Mill Stmts courtyards, and the
elimination of a prior condition that a portion of the Hotel's parking garage be reserved for Hotel
employees. In addition,the renovation of the Cortina Lodge was approved to meet the Hotel's
employee housing mitigation requirements. Preservation of historic interior elements of the
Hotel and a designation application for the Cortina Lodge were also required.
The number of lodging units(94 keys)was not increased in 2006. The only aspect of the project
that generated housing mitigation was an increase to the net leasable commercial area. Using the
growth management benefit for the enlargement of historic landmarks, it was determined that
1.42 full time equivalents(FMs)required mitigation. Dining the 2006 approvals,a total of 21
FTEs were calculated to be housed at the Cortina Lodge. Considering the prior requirement of
20 FTEs housed at the Cortina, a credit of 1 FTE was available. The 2006 approval permitted
the 1.42 FTE mitigation requirement to be fulfilled by housing I FTE at the Cortina,thus
Page t of 4
RECEPTION#: 588635, 04127/2012 at
02:37:33 PM,
1 OF 4, R $26.00 Doc Code NOTICE
Janice K. Vos Caudill, Pitkin County, CO
utilizing all 21 FFTEs housed in the Cortina,and paying a cash in lieu fee far the remaining 0.42
F TE by averaging the cash in lieu payment for Category 2 and Category 3.
The vested rights for the 2006 approval expired on January 14,2010.
2008
In 2008 the Community Development Department approved an insubstantial amendment to
allow the conversion of an office space to a lodge unit without triggering the requirement to
mitigate for the 1.42 FTEs associated with the lodge expansion. At the time of the request there
were only 92 lodge units in the Hotel,thus granting an amendment to allow the conversion of
office to lodge was compliant with both the 1986 and the 2006 approvals which allowed 94
lodge units.
2010
In 2010 the Community Development Department approved an insubstantial amendment to
bifurcate the entitlements to allow construction on the Cortina Lodge component prior to
beginning construction of the Hotel renovation. Phase I included the renovation, a designation
application, and deed restriction of Cortina Lodge units far affordable housing. Phase R
included the renovation and enlargement of the Hotel Jerome component It was determined that
Phase I did not trigger any impact fees; however Phase II will have impact fees assessed at the
time of building permit submittal for the Hotel component.
2011
In March of 2011, the Community Development Department approved an insubstantial
amendment for internal changes which reduced the overall floor area, reduced the net leasable
commercial anew, and increased the "othee' floor area calculation for uses sociated with the
lodge use. An am ed insubstantial PUD amendment was recorded on 2012,
recordation#15004-,to correct clerical errors.
STAFF EvAwAnom
The proposed changes to the Hotel Jerome PUD meet the review criteria for an insubstantial
amendment, attached as Exhibit A. The changes are consistent with the approved use and the
site specific approval. The proposed change memorializes the conditions of approval that the
Applicant has met.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above And on Exhibit`A' to be consistent with the
review criteria(Exhibit A)and thereby,APPROVES the request:
1. The PUD Agreement shall be amended prior to submittal of a building permit.
Pago 2 of 4
APPROVED BY:
r ��C��' q'��•20f?�
Date
Comm Development Director
ACCEPTED BY:
A=- .
J&4T=Property LLC Date
Attachm nts:
Exhibit A: Review Criteria
a
Page 3 of 4
EXHIBIT A
Seetion 26.445.100 Amendment of PUD development order
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan: may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
I. A change in the use or character of the development.
Timm Is no change in the use or character of the buildfng.
2. An increase by greater than three percent(3%) in the overall coverage of structures on
the land
M there is no Increase in coverage.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
7Mp generation and demand for public services will not be impacted by this amenalrnent.
4. A reduction by greater than three percent(30/*)of the approved open space.
There Is no change to the open space.
S. A reduction by greater than one percent(I OA)of the off-street parking and loading space.
There Is no change in the parking/loading space.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
There Is no change In the ROW's widths, streets or easements.
7. An increase of greater than two percent(2%)in the approved gross leasable floor area of
commercial buildings.
There is no increase in the approved gross leasable floor area of the cotmnercial
building.
8 An increase by greater than one percent(1°/s)in the approved residential density of the
development,
n/a
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use
or dimensional requirements.
Tins clwnge is consistent with the approved use and the site specfflc approval. 77re
proposed change memorializes the conditions of approval that the applicant has met.
Page 4 of 4
VANN ASSOCIATES, LLC R
Planning Consultants ,;°
WEI)
April 12, 2012 ✓'� 12 2012
("17-Y O Sp
HAND DELIVERED DEVELOPMEff
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Hotel Jerome Insubstantial PUD Amendment
Dear Chris:
Please consider this letter an application for an insubstantial PUD amendment for the
Hotel Jerome Planned Unit Development (see Exhibit 1, Pre-Application Conference
Summary, attached hereto).
The application is submitted pursuant to Section 26.445.100.A. of the Aspen Land
Use Regulations (the "Regulations") by Jerome Property LLC, a Delaware limited
liability company (hereinafter "Applicant"). The Applicant's ownership of the
property is evidenced in the attached Title Insurance Policy (see Exhibit 2). Permis-
sion for Vann Associates, LLC, Planning Consultants, to represent the Applicant is
attached as Exhibit 3. The application is being processed pursuant to the land use
application form and fee agreement submitted in connection with the Applicant's
February 1, 2012 insubstantial PUD amendment application, copies of which are
attached hereto as Exhibits 4 and 5.
Background
In March of 2012, the Community Development Department ("COMDEV") approved
an insubstantial PUD amendment permitting various revisions to the 2006 approved
PUD development plan for the renovation of the Hotel Jerome (see Exhibit 6, Notice
of Approval and Development Order). In connection therewith, COMDEV also
reviewed and approved a written inventory of original features existing within the
Hotel and the Applicant's proposed treatment thereof (see Exhibit 7, Notice of
Approval). The inventory was required pursuant to Section 12 of Ordinance No. 42,
Series of 2006, which granted approval for the Hotel's renovation. The inventory
was also required pursuant to Article III, paragraph 3.6, of the 2007
P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310
vannassociates@comcast.net
t
Mr. Chris Bendon
April 12, 2012
Page 2
Hotel Jerome PUD Agreement ("the Agreement") which memorialized the various
conditions of the 2006 City Council approval.
Proposed Amendment
The Applicant's 2012 insubstantial PUD amendment approval was conditioned upon
the recordation of an amendment to the Agreement i) memorializing various revisions
to the proposed renovation's previously approved dimensional requirements and ii)
omitting the Agreement's requirement that the Hotel's floor area be calculated
pursuant to the City's 2006 Regulations. An additional condition requires the recorda-
tion of amended floor plans depicting the Applicant's revised renovation proposal.
As the original Agreement contains various other provisions that have either previous-
ly been met by the Applicant or require revision to reflect the recent 2012 insub-
stantial PUD amendment, the Applicant requests that an additional insubstantial PUD
amendment be granted to permit further revisions to the Agreement. More specifical-
ly, the Applicant requests the following.
1. That Article III, paragraphs 3.2(a), (b), (c) and (d), be revised to
reflect the Applicant's compliance with the requirements of these paragraphs;
2. That Article III, paragraphs 3.4(a)(ii) and (iii), be deleted as the
features referred to in these paragraphs are no longer proposed;
3. That Article III, paragraph 3.4(b), be revised to reflect the Applicant's
completion of the renovation of the Cortina Lodge in accordance with the require-
ments of this paragraph;
4. That Article III, paragraph 3.6, be revised to reflect that the Applicant
has complied with the requirements of this paragraph, and that a Notice of Approval
with respect thereto has been issued by COMDEV;
5. That Article III, paragraph 3.7, be revised to reflect that the Applicant
has complied with the requirements of this paragraph;
6. That Article III, paragraph 3.8(a), be revised to delete the requirement
that a Final Landscape Plan be submitted for review and approval prior to issuance of
a building permit for the Hotel's renovation as there are no present plans to imple-
ment the previously approved Conceptual Landscape Plan;
7. That Article IV, paragraphs A. and B. be revised to eliminate the
requirements that landscaping improvements be completed within six months of the
Mr. Chris Bendon
April 12, 2012
Page 3
issuance of a Certificate of Occupancy for the renovated Hotel, and that a Letter of
Credit with respect thereto need not be provided prior to building permit issuance.
The above additional revisions to the Agreement are requested to facilitate the
Applicant's building permit submission and to memorialize that various provisions of
the Agreement have been met by the Applicant.
Review Requirements
Pursuant to Section 26.445.100.A. of the Regulations, the Community Development
Director may approve an insubstantial amendment to a final PUD development plan
subject to certain requirements. The specific requirements, and the proposed amend-
ment's compliance therewith, are summarized below.
1. The proposed amendment does not change the use or character of
the development.
The proposed amendment does not change the use or character of the develop-
ment.
2. The proposed amendment does not increase overall coverage of
structures on the land by greater than three (3) percent.
The proposed amendment does not increase the Hotel's site coverage.
3. The proposed amendment does not substantially increase trip
generation rates or the demand for public facilities.
The proposed amendment does not increase trip generation rates or the demand
for public facilities.
4. The proposed amendment does not reduce the approved open space
by greater than three (3) percent.
The proposed amendment will not reduce the Hotel's approved open space.
5. The proposed amendment does not reduce the approved off-street
parking and loading space by greater than one (1) percent.
The proposed amendment will not reduce the Hotel's approved parking or
loading space.
Mr. Chris Bendon
April 12, 2012
Page 4
6. The proposed amendment does not reduce the required pavement
widths or rights-of-way for streets and easements.
No reductions in pavement widths or street rights-of-way are proposed.
7. The proposed amendment does not increase the approved gross
leasable floor area of commercial buildings by greater than two (2) percent.
The proposed amendment does not increase the Hotel's approved net leasable
commercial area.
8. The proposed amendment does not increase the approved residential
density of the development by greater than one (1) percent.
This criteria is not applicable as the Hotel does not contain a residential
component.
9. The proposed amendment does not involve changes which are
inconsistent with a condition or representation of the project's original approval
or which requires granting a variation from the project's approved use or
dimensional requirements.
The proposed amendment does not involve changes that are inconsistent with
the project's approval conditions.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
K SSOCIATES$-LLC
nn
S .cwv
A tachments
d:\oldc\bus\city.app\app57811.2
EXHIBIT
� f
s
CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Sara Adams,970.429.2778 DATE: 4/11/12
PROJECT: 330 E. Main Street, Hotel Jerome �_I VE aft
REPRESENTATIVE: Vann Associates, Rowland+Broughton Architecture and Urban
APP 12 2012
Design
TYPE OF APPLICATION: Insubstantial PUD Amendment CITY OF ASPEN 0� aF"�1TY DEVFLOPMIF
DESCRIPTION:
The applicant is interested in amending the PUD agreement to reflect completion of specific requirements to
date,for example,the Cortina Lodge renovation and landmark designation has been completed. The applicant
is also interested in omitting the requirement to receive final landscape plan approval from the HPC because
the comprehensive landscape plan is no longer part of the project scope. The applicant is required to file an
insubstantial PUD amendment to change these aspects of the agreement.
The land use application is found here:
http://www aspenpitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20use%20app
%20form.pdf
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.445.100.A Planned Unit Development—PUD Insubstantial Amendment
Review by: Community Development Staff for Completeness and Determination
Public Hearing: No
Planning Fees: Please submit separate applications.
The Insubstantial amendment shall be billed hourly at$315 per hour.
Deposit: $315 for 1 hour,to be billed hourly.
Total Number of Application Copies: 2 sets of each application
To apply,submit the following information:
F--1 Total Deposit for review of application.
0 Pre-application Conference Summary.
0 Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf
of the applicant.
0 Proof of ownership
ED Street address and legal description of the parcel on which development is proposed to occur,
consisting of a current certificate from a title insurance company, or attorney licensed to practice in
the State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating
the owner's right to apply for the Development Application.
0 Completed Land Use application
= Signed fee agreement
= An 8 1/2" x 11" vicinity map locating the subject parcels within the City of Aspen.
0 2 copies of the complete application packet and maps.
Q A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may
not be accurate. The summary does not create a legal or vested right.
E7J
File No.:454-HO301993-610-ETO
ENDORSEMENT
Attached to Policy No. G47-Z234547
Issued By
Fidelity National Title Insurance Company
1. Under Schedule A,the effective Date of Policy is hereby amended to read July 14,2010 at 3:45 PM.
2. Under Schedule A,Paragraph 3,the vested owner is amended to read as follows:
Jerome Property LLC,a Delaware limited liability company
3. Under Schedule A,the Amount of Insurance is amended to read$38,911,667.84.
4. Under Schedule A,Paragraph 4,the Insured Mortgage is amended to read as follows:
Deleted
5. Schedule B is amended as follows:
Terms, conditions, provisions, agreements and obligations contained in the Revocable Encroachment
License Application recorded February 17,2010 at Reception No. 567076.
Terms, conditions, provisions, agreements and obligations contained in the Revocable Encroachment
License Application recorded July 08,2010 at Reception No. 571875.
The Company does not insure against loss or damage sustained by the Insured, and the Company
will not pay costs, attorney's fees, or expenses, by reason of the avoidance, in whole or in part,or
a court order providing some other remedy, based on the voidability of any estate or interest
shown in Schedule A or the Insured Mortgage, as originally recorded or as modified, because of the
occurrence, after the prior Date of Policy stated in Schedule A of the policy,of a fraudulent transfer
or a preference under federal bankruptcy, state insolvency, or similar creditors' rights laws.
This endorsement is issued as part of the policy. Except as it expressly states,it does not(i)modify any of the terms and
provisions of the policy,(ii)modify any prior endorsements,(iii)extend the Date of Policy,or(iv)increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement,this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the
policy and of any prior endorsements.
Dated: : February 08,2011
Fidelity National Title Insurance Company
.au l
10-SEAL P—ide.t
ATTEST
Secretary
Authorized Signature
Endorsement Colorado Form 107.12A-06 Title Down Date(Owner/Lender)
dA 10712A06
Lawyers Title Insurance Corporation
OWNER'S POLICY
SCHEDULE A
12/08/200910:07:56 pk PK
File No.: 454-HO261384-036-MEJ Policy No.: H0261394OTP
Amount of Insurance: $38,000,000.00
Date of Policy: December 10,2009 at 2:12 PM
1. Name of Insured:
Jerome Ventures LLC,a Delaware limited liability company
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Jerome Ventures LLC,a Delaware limited liability company
4. The land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof
i
Lawyers Title Insurance Corporation j
i
File No.: 454-HO261384-036-MEJ Policy H0261384OTP
SCHEDULE A
I
(Continued)
Exhibit A
PARCEL A:
LOTS P AND Q, i
BLOCK 73,
CITY AND TOWNSITE OF ASPEN
PARCEL B:
A parcel of land situated in the City and Townsite of Aspen,Colorado,being all of Lots A,B,C,D,E,F,
G,H,I,O,P,Q,R,S,and the East 20.00 feet of Lot N,all in Block 79,together with the East 170.00 feet
of the Alley in said Block 79,Vacated by Ordinance No. 1 (Series of 195 1)of the City of Aspen,
Colorado,according to the Hotel Jerome Lot Line Adjustment and Subdivision Exemption Plat filed June
12, 1991 at Reception No.331521,in Plat Book 26 at Page 52,also described as follows:
Beginning at the Southeast Comer of said Block 79 (An aluminum disk marked"16129 McBride");
thence N 75'09'11"W 170.78 feet along the Northerly line of East Main Street to the Southwest Corner
of the East 20.00 feet of Lot N;
thence N 14°50'49"E 100.00 feet along the West line of the East 20.00 feet of Lot N;thence S
75009'l 1"E 0.78 feet along the South line of the Alley in said Block 79 to the West side of the Vacated
portion of the Alley in said Block 79;
thence N 14°50'49"E 20.39 feet along the West side of the Vacated portion of the Alley in said Block
79;
thence N 75"09'11"W 101.40 feet along the North line of the Alley in said Block 79;thence N
14 050'49"E 100.00 feet along the East line of North Monarch Street to the Northwest Comer of said
Block 79;
thence S 75°09'11"E 271.40 feet along the South line of East Bleeker Street to the Northeast Corner of
said Block 79;
thence S 14°50'49"W 119.39 feet along the West line of North Mill Street;
thence S 75°09'11"E 0.50 feet;
thence S 14°50'49"W 100.70 feet;
thence N 75'09'11"W 0.50 feet;
thence S 14°50'49"W 0.30 feet to the point of beginning.
PARCEL C:
A non-exclusive easement for purposes of maintaining two existing window wells,a portico and a
stairwell to the basement of the Hotel Jerome as set forth in an encroachment agreement recorded March
5, 1992 in Book 671 at Page 33 (Affects Parcel B)and a non-exclusive easement for purposed of a drive
ramp and snowmelt to parking garage as set forth in an encroachment agreement recorded October 20,
2005 as Reception No. 516494(Affects Parcel A).
i
i
{
File No.: 454-HO261384-036-MEJ Policy No.: H0261384OTP
i
SCHEDULE B
EXCEPTIONS FROM COVERAGE 1
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'
i
fees or expenses)which arise by reason of.
i
1. Any facts,rights,interests or claims that are not shown by the Public Records but which could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records.
3. Any encroachments,encumbrances,violation,variation,or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land and not shown
by Public Records.
4. Any lien or right to a lien,for services,labor or material heretofore or hereafter furnished,
i
imposed by law and not shown by the Public Records.
5. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in
the Public Records or attaching subsequent to the effective date hereof but prior to the date the
proposed Insured acquires of record for the value the estate or interest or mortgage thereon
covered by this Commitment.
6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records;(b)
proceedings By a public agency that may result in taxes or assessments,or notices of such
proceedings,whether or not shown by the records of such agency of by the Public Records.
7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing
the issuance thereof,(c)water right,claims of title to water,whether or not the matters excepted
under(a),(b),or(c)are shown by the Public Records.
8. All taxes and assessments for the year 2009 and subsequent years, a lien but not yet due or
payable.
9. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59
at Page 521 (as to Parcel A) and Book 59 at Pages 15, 159, 199, 200,262, and 492(as to Parcel
B), providing as follows: "That no title shall be hereby acquired to any mine of gold, silver,
cinnabar or copper or to any valid mining claim or possession held under existing laws".
10. Terms, conditions, provisions, agreements and obligations contained in the Notice of Historic
designation recorded January 13, 1975 in Book 295 at Page 515 and Ordinance 9,series of 1982
recorded April 30, 1982 in Book 425 at Page 904.(Affects Parcel B)
11. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 60,
Series of 1976 recorded in Book 321 at Page 51.(Affects Parcel A)
Lawyers Title Insurance Corporation
File No.: 454-HO261384-036-MEJ Policy No: H0261384OT P
I
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(Continued)
12. Easements,rights of way and all matters as disclosed on.the Hotel Jerome Lot Line adjustment !
and Subdivision Exception Plat recorded June 12, 1991 in Plat Book 26 at Page 52 and Hotel
Jerome Planned Unit Development recorded January 30, 2007 in Plat Book 82 at Page 42.
(Affects Parcel B)
13. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 5,
Series of 1983 recorded May 17, 1983 in Book 445 at Page 81. (Affects Parcel B)
14. Terms, conditions, provisions, agreements and obligations contained in the Encroachment
agreements recorded March 05, 1992 in Book 671 at Page 33 (Affects Parcel B) and recorded
October 20,2005 at Reception No.516494(Affects Parcel A).
15. Terms, conditions, provisions, agreements and obligations contained in the Resolution of the I
Aspen Historic Preservation Commission recorded May 19, 2006 at Reception No. 524233 as
Resolution No.5 (Series of 2006). (Affects Parcel B)
I
16. Terms, conditions, provisions, agreements and obligations contained in the Resolution of the ,
Aspen Planning and Zoning Commission recorded October 26,2006 at Reception No. 530238 as
Resolution No.20(Series of 2006). (Affects Parcel B)
17. Terms, conditions, provisions, agreements and obligations contained in the Resolution of the
Aspen Historic Preservation Commission recorded January 25, 2007 at Reception No. 533744 at i
Resolution No.37(Series of 2006). (Affects Parcel B)
18. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 46,
Series of 2006 by Aspen City Council recorded January 30, 2007 at Reception No. 533926.
(Affects Parcel B)
19. Terms, conditions, provisions, agreements and obligations contained in the 2007 Hotel Jerome
PUD Agreement recorded January 30,2007 at Reception No.533928. (Affects Parcel B)
20. Rights or claims of tenants as tenants only,with no option to purchase or rights of first refusal.
21. Deed of Trust from LCP Elysian Aspen Owner, LLC, a Delaware limited liability company to
the Public Trustee of Pitkin County for the benefit of Morgan Stanley Mortgage Capital Inc., a
New York corporation to secure an indebtedness in the principal sum of$48,000,000.00,and any
other amounts and/or obligations secured thereby, dated May 24, 2007 and recorded May 25,
2007 at Reception No. 238266.
The Deed of Trust was assigned to Jerome Property LLC, a Delaware limited liability company
recorded September 01,2009 at Reception No. 562446.
Assignment of Rents in connection with said deed of trust recorded May 25, 2007 at Reception
No.538267 and assignment thereto recorded September 01,2009 at Reception No.562447.
i
Lawyers Title Insurance Corporation
i
File No.: 454-HO261384-036-MEJ Policy No: 1102613840TP
i
SCHEDULE B
EXCEPTIONS FROM COVERAGE {
i
(Continued)
22. Financing Statement from LCP-Elysian Aspen Owner, LLC, a Delaware limited liability
company, Debtor, to Lehman Brothers Bank FSB (n/k/a Aurora Bank FSB), Secured Party,
recorded September 04,2009 at Reception No.562540.
The Financing Statement was assigned to Jerome Property, LLC, a Delaware limited liability
company recorded September 11,2009 at Reception No.562684.
23. Any right or asserted right of a creditor,trustee or debtor in possession in Bankruptcy to avoid
that certain conveyancing document recorded December 10,2009 at Reception No. 565212 of
the official records of Pitkin county pursuant to Title II U.S.C.(BANKRUPTCY).
NOTE: Exception No.23 above will be deleted upon transfer to a bonafide purchaser for value or after a
one(1)year period subsequent to recordation of the subject conveyancing document. This exception will I
be omitted from any policy or policies of title insurance issued by this Company for the benefit of a
bonafide purchaser for value,provided no petition in Bankruptcy appears of record at that time.
NOTE: Exceptions 1 through 4 are hereby deleted.
EXHIBIT
.0
February 1, 2012
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Bendon:
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in the processing of our application for an insub-
stantial PUD amendment for the Hotel Jerome Planned Unit Development. Mr. Vann is
hereby authorized to act on our behalf with respect to all matters reasonably pertaining to
the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do not
hesitate to call.
Yours truly,
JEROME -LLC
(' onild Wilson, Manager
DRW Trading Group
540 West Madison
Chicago, IL 60661
(312) 542-1030
d:loldc\buslcity.Itr11v57811.61
LAND USE APPLICATION EXHIBIT
APPLICANT:
Name:
Location:
(Indicate street address,lot&block number,legal description where appropriate)
Parcel ID#(REQUIRED) Z73 —ef -7 2/ n/
REPRESENTATIVE:
Name: 7S _�l�
Address:
dr
Phone#:
PROJECT:
Name: JG�le
Address: �, /' 1'�./
Phone#:
TYPE OF APPLICATION: (please check all that apply):
❑ Conditional Use ❑ onceptual PUD E] Conceptual Historic Devt.
❑ Special Review inal PUD(&PUD Amendment ❑ Final Historic Development
❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt.
❑ GMQS Allotment ❑ Final SPA(& SPA Amendment) ❑ Historic Demolition
❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation
❑ ESA—8040 Greenline, Stream ❑ Subdivision Exemption(includes ❑ Small Lodge Conversion/
Margin,Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
• Lot Split ❑ Temporary Use ❑ Other:
• Lot Line Adjustment ❑ Text/Map Amendment
EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.)
PROPOSAL: (description of proposed buildings,uses,modifications,etc.)
1549; f� 704V
Have you attached the following? FEES DUE: $
Q Pre-Application Conference Summary Attachment#l, Signed Fee Agreement
(►'Response to Attachment#3,Dimensional Requirements Form
esponse to Attachment#4, Submittal Requirements-Including Written Responses to Review Standards
E EXHIBIT
X;7
���������K�� �� ���� �����U^��o����� ����
~ °��~ ~,~~.~°.=".� ~~~ Pay Application Fees
An agreement between the City of Asp�n�f'City�)arid
Property Phone No.�
Address of Billing
(subject of i send bills here)
| understand that the City has adopted, via Ordinance No. . Series mf2U11. review fees for Land Use applications
and the payment of these fees is a condition precedent to determining app|/ca'ion completeness. | understand
tha,'as the property owner that I am responsible for paying all fees lor this development application.
For flat fees and referral fees: I agree to pay the fo1owing fees for the services indicated, | understand that these
flat fees are non'nefundab|o.
3 flat fee for flat fee for
S8at fee for S flat fee for
For deposit omoea only: The City and | understand tnat because of the size, nature or scope of the proposed
pn4ont it is not possible otthis time to know the full extent nrtotal costs invo|weo in processing the application. |
understand that additional costs over and above the deposit may oozue, | understand and agree that it is
impracticable for City staff 0o complete pmceyaing, review. and presentation of sufficient information to enable
legally required findings to be made for project consicleration, unless invoices are paid in full.
The City and | understand and agree that invoices mailed by the City to the above listed billing address and not
returned to the City shall be onnuidmnad by the City as being received by me. | agree to remit payment within 30
days m[presentation ofon invoice by the City for such services.
/ have read. understood. and agree to the Land Use Review Fee Policy including consequences for non-payment.
| agree to pay the fb|kovnQ initial deposit amounts for the specified hours of staff time. } unders*and that payment
of a deposit does not render ar. application complete or compliant -with approval cntena. |f actual recorded costs
exceed the initial deposit. ! agree to pay additional monthly billings to the City to reimburse the City for the
processing ofmy application mt the houriy rates hereinafter stated.
deposit for_�� hours of Community Development Department staff time. Additional time
above the deposit amount will be billed s$$315 per hour.
S deposit for ___hours cf Engineering Dopaumentnue�bme.Addinoma|time above the deposit
amount vxiUbabiUedm182G5 per hour.
City ofAspen: p
ChnuBenclnn
Community Development Director Name '
i Title.- Lb-
City Use:
Fees Due;S Received.,
EXHIBIT
a
NOTICE OF APPROVAL
For an Insubstantial PUD Amendment to
330 East Main Street,aka the Hotel Jerome
Parcel ID No.2737-073-21-001:
APPLICANT: Jerome Property,LLC
540 West Madison,Chicago, IL 60661
REPRESENTATIVE: Sunny Vann,Vann Associates,LLC
P.O.Box 4827,Basalt,CO 81621
970/925-6958
SITE oFAMENDMENT: The Hotel Jerome. 330 East Main Street, Lots A—I,and Lots O—
S, and the easterly 20 feet of Lot N and the easterly 170 feet of the
vacated alley all in Block 79,City and Townsite of Aspen, Pitkin
County,Colorado.
SUMMARY: The applicant requests approval to reduce the approved net leasable commercial
area, increase the floor area allocated to "other" uses, and decrease the overall approved floor
area for the site. The proposal includes the following:
• Reduce the size of the spa,
Relocate offices on the second floor to the basement,
• Convert the second floor offices to a fitness room,
• Convert the Century dining room to a hotel living room.
• Reconfigure 3 guest rooms to allow the creation of lodging suites without changing the
number of lodge units or the number the pillows previously approved in 2006.
BACKGROUND:
PRIOR To 2006
In 1986 the Amended and Restated PUD Plat (Book 518, Page 949) permitted 94 lodge rooms.
Various land use approvals were granted to the Hotel Jerome prior to 2006. All of these
approvals were superseded by the PUD amendment in 2006 with the exception of a requirement
that 20 full time equivalents are housed in the Cortina Lodge.
2006
City Council approved Ordinance No. 42, Series of 2006 replacing*the previous entitlements
with a new approval that permitted the enlargement of the Hotel's net leasable commercial area,
the reconfiguration and renovation of the Hotel's Main and Mill Streets courtyards, and the
elimination of a prior condition that a portion of the Hotel's parking garage be reserved for Hotel
employees. In addition, the renovation of the Cortina Lodge was approved to meet the Hotel's
employee housing mitigation requirements. Preservation of historic interior elements of the
Hotel and a designation application for the Cortina Lodge were also required.
The number of lodging units(94 keys) was not increased in 2006. The only aspect of the project
that generated housing mitigation was an increase to the net leasable commercial area. Using the
growth management benefit for the enlargement of historic landmarks, it was determined that
1.42 full time equivalents (FTEs) required mitigation. During the 2006 approvals, a total of 21
Page I of 5
FTEs were calculated to be housed at the Cortina Lodge. Considering the prior requirement of
20 FTEs housed at the Cortina,a credit of I FTE was available. The 2006 approval permitted
the 1.42 FTE mitigation requirement to be fulfilled by housing 1 FTE at the Cortina, thus
utilizing all 21 FM housed in the Cortina, and paying a cash in lieu fee for the remaining 0.42
FTE by averaging the cash in lieu payment for Category 2 and Category 3.
The vested rights for the 2006 approval expired on January 14,2010.
2008
In 2008 the Community Development Department approved an insubstantial amendment to
allow the conversion of an office space to a lodge unit without triggering the requirement to
mitigate for the 1.42 FTEs associated with the lodge expansion. At the time of the request there
were only 92 lodge units in the Hotel, thus granting an amendment to allow the conversion of
office to lodge was compliant with both the 1986 and the 2006 approvals which allowed 94
lodge units.
QQ
In 2010 the Community Development Department approved an insubstantial amendment to
bifurcate the entitlements to allow construction on the Cortina Lodge component prior to
beginning construction of the Hotel renovation. Phase I included the renovation, a designation
application, and deed restriction of Cortina-Lodge units for affordable housing. Phase 11
included the renovation and enlargement of the Hotel Jerome component, It was determined that
Phase I did not trigger any impact fees; however Phase 11 will have impact fees assessed at the
time of building permit submittal for the Hotel component.
STAFF EVALUATION:
The proposed changes to the Hotel Jerome PUD meet the review criteria for an insubstantial
amendment,attached as Exhibit A.
Dimensional Requirements: Staff supports the proposed internal changes to the protect which
reduces the overall floor area, reduces the net leasable commercial area, and increases the
"other" floor area calculation for uses associated with the lodge use. The proposal does not
increase the total floor area approved in 2006 for the project. The reduction of commercial net
leasable area does not adversely affect the growth management allotments allocated in the 2006
approvals. The following calculations in Table 1 compare the approved 2006 dimensional
requirements to the proposed amendment. The"current amendment"column is calculated based
on the current 2011 Land Use Code:
Page 2 of 5
Table 1:
2006 approval Current t Notes
amendment
Commercial Reduction based on conversion of
floor area 15,985 sq.ft. 13,838 sq.ft. Century Room to hotel living room
and smaller spa in basement.
No change to lodge unit numbers or
Lodge units floor area. The slight decrease
floor area 59,214 sq. ft. 59,072 sq. ft. results from changes to how floor
area is calculated in the 2006 and
current Code.
Increase based on more back of
"other"floor house hotel functions, conversion
40
39,735 sq. ft. ,823 sq.ft. of office to fitness room, and
area - conversion of Century Room to
hotel living room.
Total floor 114,934 sq.ft. 113,733 sq.ft.
area
Reduction based on smaller spa and
smaller Century Room. The current
Commercial amendment calculations are based
net leasable 14,891 sq. ft. 14,743 sq.ft. on the 2011 net leasable area
area definition which is much more
inclusive regarding which elements
count towards net leasable area,
_s
Staff supports the elimination of the requirement to use the 2006 floor area calculations listed in
Article 3,Part 1 of the PUD Agreement(Recordation#533928)to require future amendments be
subject to the Land Use Code in place at the time of application.
Affordable Housing: As described above,the affordable housing mitigation requirement of 1.42
FTEs approved in 2006 resulted only from an increase in the commercial net leasable component
of the project as described above. Due to the proposed reduction of the net leasable commercial
area proposed in this amendment,affordable housing generation is re-calculated below.
The following calculations are all based on the current regulatory requirements:
New commercial net leasable calculation:
Existing Hotel:
(1,412 sq.ft.basement+12,851 sq.ft. ground level)= 14,263 sq.ft, of net leasable areal
Proposal:
(2,360 sq.ft.basement+ 12,374 sq.ft.ground level)= 14,735 sq.ft.of net leasable area
3
Amount of new net leasable area:471 sq.ft.
Employee generation calculation:
471 sq. ft.in basement @ 3.075 FTEs generated/1,000 sq, ft. net leasable= 1.45 FTEs
Calculated pursuant to the current 2011 Land Use Code requirements.
2 The existing commercial net leasable area is calculated based on the current`201 I Code requirements.
3 The amount of new commercial net leasable is below the 2006 approved commercial net leasable amount of
14,891 sq.ft.
Page 3 of 5
Employee mitigation calculation:
Enlargement of a historic landmark mitigates the first 4 employees generated at 0%,the second
4 are mitigated at 30%,and the remainder is mitigated at 60%.
First 4 employees are mitigated at 0%,and since 1.45 FTEs are generated there is no employee
mitigation requirement for the proposed expansion.
The 2006 approvals required 20 FTEs to be housed at the Cortina Lodge to mitigate for the
lodging component of the Hotel pursuant to the 1986 approvals. The Cortina houses 21 FTEs,so
there is 1 FTE at the Cortina that is not used for mitigation purposes and can be used as a credit
for future mitigation requirements at the hotel.
DECISION:
The Community Development Director finds the Administrative Application for an
Insubstantial PUD Amendment as noted above and on Exhibit`A' to be consistent with the
review criteria (Exhibit A) and thereby, APPROVES the request with the following
conditions:
1. Prior to Building Permit submittal, amend the PUD Agreement (recordation
#533929) to reflect the changes to the dimensional requirements listed in Article 2,
Paragraph 2.2 of the Agreement, and the affordable housing mitigation
requirements listed in Article 3 Paragraph 3.3,described herein.
• 2. Prior to Building Permit submittal, amend the PUD Agreement to omit the
requirement that the project be reviewed pursuant to the 2006 Land Use Code
regarding floor area calculations and measurements, described in Article 3,
Paragraph 3.1 and attached as Exhibit A.
3. Prior to Building Permit submittal,update the Final PUD floor plans to reflect the
changes in floor area and commercial net leasable area calculations, and the .
reconfiguration of spaces
APPRO E BYE
Chris endon, Date
Community Development Director
ACCEPTED BY:
*ome pe rty LLC Date
Attachments:
Exhibit A: Review Criteria
Page 4 of 5
EXHIBIT A
Section 26.445.100 Amendment of PUD development order
A. PUD Insubstantial Amendments.
An insubstantial amendment to an approved development order for a final development
plan may be authorized by the Community Development Director. The following shall
not be considered an insubstantial amendment:
I. A change in the use or character of the development.
There is no change in the use or character of the building.
2. An increase by greater than three percent (3%) in the overall coverage of structures on
the land.
The there is no increase in coverage.
3. Any amendment that substantially increases trip generation rates of the proposed
development or the demand for public facilities.
Trip generation and demand for public services will not be impacted by this amendment.
4. A reduction by greater than three percent(3%)of the approved open space.
There is no change to the open space. The building envelope size and activity envelope
size does not change.
5. A reduction by greater than one percent(I%)of the off-street parking and loading space.
There is no change in the parkinglloading space.
6. A reduction in required pavement widths or rights-of-way for streets and easements.
There is no change in the ROW:s widths, streets or easements.
7. An increase of greater than two percent(2%)in the approved gross leasable floor area of
commercial buildings.
The approved net leasable floor area of the commercial component is reduced by 148 sq.
ft. or 1 %.
8. An increase by greater than one percent(I%)in the approved residential density of the
development.
nla.
9. Any change which is inconsistent with a condition or representation of the project's
original approval or which requires granting a variation from the project's approved use-
or dimensional requirements.
The change is consistent with the approved use and the site specific approval.
Page 5 of 5
DEVELOPMENT ORDER
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows development of a site-specific development plan pursuant to
the provisions-of the land use approvals, described herein. The effective date of this Order shall
also be the initiation date of a three (3) -year vested property right. The vested property right
shall expire on the day after the third anniversary of the effective date of this Order, unless the
change is accomplished or a building permit is approved pursuant to Section 26.304.075, or
unless an exemption,extension,reinstatement, or a revocation is issued by City Council pursuant
to Section 26.308.010. After Expiration of vested property rights,this Order shall remain in,full
force and'effect, excluding any growth'management allotments granted pursuant to Section
26.470,but shall be subject to any amendments to the Land Use Code adopted since the effective
date of this Order.
This Development Order is associated with the property noted below for the site-specific
development plan as described below.
Property Owner's Name,Mailing Address and telephone number:
Jerome Property,LLC,540 West Madison,Chicago,IL 60661,(312)542-1030.
Legal DescAption and Street Address of Subject Property:
The Hotel Jerome,330 East Main Street,Lots A—I and Lots O—S,and the easterly 20
feet of Lot N and the easterly 170 feet of the vacated alley all in Block 79,City and Townsite of
Aspen, Colorado.Parcel ID#2737-073-21-001.
Written Description of the Site Specific Plan and/or Attachment Describing Plan:
Insubstantial PUD amendment to reduce the approved net leasable commercial area,
increase the floor area allocated to"other"uses,and decrease the overall approved floor
area for the site.
Land Use Approval Received and Dates:
Administrative approval granted on March 19,2012
Effective Date of Development Order:
March 22,2012.(Same as date of publication of notice of approval.)
Expiration Date of Development Order:
March 22, 2015. (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this 2 "a day of arch 2012,by the City of Aspen Community Development Director.
Chris Bendon
Community Development Director
City of Aspen
EXHIBIT
NOTICE OF APPROVAL
330 East Main Street,aka the Hotel Jerome
Parcel ID No.2737-073-21-001:
APPLICANT: Jerome Property,LLC
540 West Madison, Chicago, IL 60661
REPRESENi'AT1VEIt Sunny Vann,Vann Associates,LLC
P.O.Box 4827, Basalt,CO 81621
970/925-6958
SITE: The Hotel Jerome. 330 East Main Street, Lots A—I,and Lots O—
S,and the easterly 20 feet of Lot N and the easterly 170 feet of the
vacated alley all in Block 79,City and Townsite of Aspen, Pitkin
County,Colorado.
PURPOSE: Compliance with City Council Ordinance number 42(Series,of
2006),Section 12:Inventory and Treatment of Interior Features
SUMMARY: The PUD amendment approved via Ordinance number 42, series of 2006
(recordation # 533926) required the property owner to create an inventory of original historical
elements in public spaces of the Hotel Jerome and to indicate proposed treatment. Community
Development must review and approve, or identify changes, to the preservation approach for
these features. Section 12 of the Ordinance reads as follows:
The applicant is required to submit a written inventory of all original features existing
within those interior areas of the Hotel Jerome that are customarily open to the public, or
where the public is typically_invited. This inventory must be accompanied by current
photographs and copies of any photographs of the interior of the Motel Jerome available
from the Aspen Historical Society Archives.
The Historic Preservation Office will verify the completeness of the Inventory. Any
overlooked elements that can be documented as original will be added to the list. Said
inventory shall identify proposed treatment of the items that are on the inventory. The
inventory shall be reviewed by the City's Historic Preservation QJficer. To the extent
that there is a disagreement to the proposed treatment, the applicant may appeal to the
City Manager. The City Manager's decision in the matter shall be subject to an appeal
to the City Council as a de novo review.
Once the proposed treatment it agreed to by the City and the applicant, no changes shall
be allowed without the consent of the City's Historic Preservation Officer, subject to the
appeal provislons.set forth above.
Page l of 2
A significant amount of documentation and findings were made in 2007, but sale of the hotel
prevented any remodeling work from moving forward. Rowland and Broughton re-submitted
the inventory and noted where the work proposed for 2012 complies with the 2007 discussion
and where the work is a departure from the 2007 discussion.
Staff finds the work included In the February 1,2012 inventory chart, attached as Exhibit
A,to be appropriate with the following exceptions:
1. Entry4(floor tiles): The floor tiles in the lobby, adjacent to the check-in desk, are
historic and are required to remain as-is. This was the original staff finding and was
upheld through an appeal to the City Manager. Area rugs can be used, but the proposed
option to install a wood floor is not approved.
2. Atrium #S (sk i t ceiling): Glass can be re-installed in the lower atrium skylight.
Glass specs will be required before work goes forward.
3. Other#1 lobo ire lace and mirror): Removal/replacement of the fireplace in the main
lobby is not approved. This is considered a historic feature that was introduced during
the Paepeke remodel.
APPI{OYED
Ainy ut Date
Historic P eservation Officer
ACCEPTED BY:
rome Property LLC Date
ATTACHMENTS
Exhibit A: Hotel Jerome historic inventory chart dated February 1,2012.
Page 2 of 2
p"kono hotels • '
List of Historically Significant Items-Interior tel JprnmP
1 Bar N3 Front&Back Bar To remain as they are with refurblAment as needed. To remain as they are with refurbishment as needed. Original to the bWlding,but relocated In 1946,
Collins Is a replica according to Mitotic photographs&previous
I Bar N2 Prossed Tin Calling To remain In the antral iectlon of the room,with refurblshment as needed. To remain with roturbishmont as needed. contractor.
1 Bar N3 011 Lamps(now electric) To remain as they are. To remain as they ore. Previously located In akOVes,not windows,
Bask for determination Is that there Is no evidence that this Is NOT
I Bar 84 Opening to Lobby opening to remain In dace,removal not opproved. Opening to remain In plea. original.However oarlySanborn maps show o wU wall.
Bask For determination Is that there Is no evidence that this Is NOT
original.Itawevaroarl ySanbommapsshowosolldvnk,HPCnotes
Bar NS Door to Lobby o rem To remain In place. that the door matches the 1-Bar entry door.
(2)at the entry vestibule shad remain In plate,The remaining(4)to be reloeatad to the restaurant (2)at the entry vestibule shall remain In place.The remaining(4)to remain in place or tit relocated
entry IM Stoam.Radiators corridor.Radl atonto remain In historic portion ofthehoteL to alocatimTBD within the historic section of the bulldMg.
To remain In place.existing scone top to be replaced to'Ideally replicate the original materials& To mmaln In place.If replaced the existing stone tip wIN Ideally replicate the original materials&
design.No alteration to the shape of the top Is allowed.'Kist northern most slde panel maybe design No alteration to the shop will be made.The southern panel will remain and be refurbished
Entry 02 Front Desk replaced,but the southern most nal is historic and must ramah as necessary.
Entry 02A Room Key Boxes key box is not approved to be relocated or shored. The key boxwlll not be relocated or altered,It may be refurbished as necessary.
To remain pending code determination.The arrant cab she Is does not comply with code.New Elevator was entirely replaced In 1985,not hlstorla verify anditlon
Entry 09 Elevator To remain butwith new elevator doors and now Interior. door and tnterlorwlll be Installed, of the machinery,sholt,&doors.
Floor tiles In the entry are scheduled to remain.They may be covered with area rugs.Interior
designer have requested permission to explore options to Install a wood floor and m-use the Blue tiles are cobalt copper and not roprodudblo, HPC comends
Entry 114 poor Tiles Retain the aftro the floor In the lobby Is required Soviets should be Investigated, existing cobalt copper tiles as a decorative fetal point. that the pattern In historical and should remelm
Atrium Nl interior Columns To remain as Is or be restored back to their original appearance. May restore to their original appearance of black(or vary dark Color)with white caps at the telling. they are currernty painted Fawn marble?
stab,Rowel posts, All are scheduled to remain as Is,with refurbislunent as needed.The railings are not code The railings are not code compliont.leaving them was approved In
trlum 02 balluster. To remain as Is,with refurbishment as needed compliant,and will mgWm approval to remain In place. 1985,will be sub)ectto Building Dept review.
o remain as Is.The dock may be moved as required for the revised layout,but will remain as dose
Atrium N3 Lobby Clock To remain as is,but be moved a faw(eat to center In new wall, to Its original location as possible. Original to the hotel.
Atrium N4 lRoom Call Paging Device To remain as Is. To remain as Is, Original to the hotaL
Original skylight framing Is to remain In place.The upper skyllght glass may only toaccommodate
Removal of the skylight framing Is not opprevod.Roplaeament of glass moy bo approved with performance specifications and assure that It to water tight Code consultants have advised that the
Atrium 05 Skylight Calling submittal of glass spocifkatlens. lower(origimil skylight framing may require that glass be installed to provide fire separation. The original skylight telling was removed In 1985.
HPC notes in Item Ed that only tile In the entry k original.The
Atrium N6 FloorTlles Removal of floor tile is allowed in the Atrium Lobby. 780. concern elsewhere Seems to bemolntatning the patern
Jacob's N3 01nlna Room Chandeliers Relocation of these chondoUrs within the public areas on the ground floor of the hotel Is approval Chandelles In both rooms Oro scheduled to be removed.retained and stored. The chandeliers are from the Paapka era,not original.
To remain In Its Current position The site of the room may be reduced,but the doslgn Is scheduled
to romaln Intact The praised tin calling maybe removed to allow for repair above,and will be
Ubrary#2 Pressed Tin Collins Remove tiles to repair looks(plping?)above,add HVAC/Ughting,and rehung. rehuns. CegingIsa replica,not original.
Tina door opening Is scheduled to remain In place.The door will likely remain as well,but maybe
Library N2 Ultragy/Lobby Ultra/Lobby Door The existing door openinais law the Ubra y and Front Desk mutt be retained. replaced.
Not original but brought in from the Palmer House Hotel by
Other 111 Lobby Fireplace&Mirror To remain asls,with mfurbtshmentasneeded, Possibly relocate to accommodate a grand,double sided fireplace. paopdce.
Century Room Fireplace& Not original but brought In from the Palmer House Hotel by
OthurN2 Mirror Relootlenofthefire Iace and mirmrto the Amier Bar Isapproved, Possibly relocate to accommodate a grand,double skied fireplace. Paepcke.
We have not been able to locate the referenced list,No furniture Is known to be original.Furniture Dates of all places arc unknown.Known antiques were brought to
W mRure N3 Purniturc JAII Items to be reused as noted In attached list may be reused as desired. the site In 2985,but not original.
FurMture N2 wriing Maps Moy be removed entirely May be replaced or roused as desired. Not original.
1 '
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persona hoteLs
HPC Resolutions-Exterior Hotel brome
All replacement windows on the ground floor must be of wood.Upper floor windows are permitted to
be clad.Cut sheets must be submitted for review and approval by HPC staff and monitor. If there are
any historic windows left on the buildingthey must be repaired and,preserved.Tinted glass is not Replace upper windows.Will be wood framed,function exactly as they currently do.The glass spec shall
approved for any of the window units.Detailed drawings ofth window openings proposed to be be dear,V insulated,low e. Lower(storefront)windows do not need to be replaced unless required for
restored at the sidewalk level on the east facade must be reviewed and approved by HPC staffand performance standards(impact resistance?).Frames to be repainted to match above.Any new doors
Window Replacement monitor.• need to be styled to match existing..Entry doors are to be refurbished but not replaced.
Awnings are only approved forthe J-ear and'Jerome Shop'(Ubrary)spaces.Require approval of HPC
to more closely match historic awnings.Must be retractable&removable. Upper awnings must be
Awnings mocked for approval/denial. No awnings will be installed.
Signage HPC will review the proposed slgnage. Signage will remain as existing
Balcony Railings Metal balcony railings on the exterior of the building must be mocked up for ap val/denlal.of HPC New railings will not be Installed.
No new column features or materials that are Inconsistent with the design of the original columns may
Columns be added. Building columns will not be altered.
Final Lighting Plan Is to be reviewed and approved by HPC.Any added fixtures,particularly sconces,are Site lighting In the plaza will require adjustment for renovations.The building Is fairly well lit and should
Site Lighting to match the orligInal period.HPC supports a design competition for the entry pendant lamp. ain as it currently.Redamping to match ener '&exterior lighting standards may be needed.
Historic materials must be repaired in place.Should the parapet require reconstruction,it should be
based on documented evidence and photographs of the original appearance.Specific guidelines for .Only necessary repairs will be performed.All must be documented as necessary, Procedures must meet
Masonry Repairs repair must be followed, guidelines for both local and federal standards,
The masonry walls need to be analyzed to better understand the Impact of sealing the walls,Should it be
deemed to have no negative effect,the process for sealing must be approved and meet both local and
Masonry CleanInS/Seallng CleanIng,repointImp application of sealer,etc will require futher information and approval by HP Q— federal standards.
Sidewalk Treatment Sidewalktretament must be reviewed and approved by HPC No decorative elements will be Installed In the sidewalk.
There should not be any unforeseen conditions on the exterior of the bullding. No deviations should
Deviations Must be approved by HPC occur.
The canopy may be painted to match cornices and window frames only. No reconstruction or alteration
Canopy Silent will occur.
Cornices Silent The cornices will be repainted to match any revised color scheme of the hotel.
Owner shall record a coneptual landseap plan as a part ofthe Final PUD Development Plan(submitted)
and a Final Landscape Plan for review and approval by the City Parks Department and HPC prior to
Issuance of a building permit.Owner shalt be responsible for implementing the plan,which plans shall The current plaza landscaping is not original to the building,The previously submitted Conceptual Plan
Site Work be accomplished as subdivision Improvements In accordance with this agreement, was very elaborate. Future efforts will be less than previously planned.
RECEPTION#: 576617, 01/10/"^11 at 01:58:05 PM, 1 OF 30, R. ..$156.00
131' x$0.00 Janice K. Vos Audill, Pitkin County, CO
OCCUPANCY DEED RESTRICTION AND AGREEMENT
AFFORDABLE HOUSING UNITS
THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT(the"Deed Restriction")
is made and entered into this !Cr day of' ,20I If,by and between JEROME
PROPERTY LLC,a Delaware limited liability cQ any("Owner'),and the ASPEN/PITKIN
COUNTY HOUSING AUTHORITY,a multi-jurisdictional housing authority established pursuant to
the FOURTH AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT dated
December 20,2007 and recorded on January 2,2008,at Reception No.545387 in the Office of the Clerk
and Recorder of Pitkin County,Colorado("Housing Authority'l.
W ITNESSETH:
WHEREAS,Owner is the owner in fee simple of Lots P and Q,Block 73,City and Townsite of
Aspen,Pitkin County,Colorado on which is situated a renovated structure known as the Cortina Lodge
("Cortina Lodge");and
WHEREAS,the Cortina Lodge contains four(4)studio units and four(4)two-bedroom
dormitory suites(each an"Affordable Housing Unit"and collectively,"Affordable Housing Units"),to
be deed restricted as Category 1 rental units in accordance with the APCHA Guidelines and as they are
amended from time to time,together with a common kitchen,dining area and laundry,as authorized and
approved by Ordinance No.42(Series of 2006)adopted by the Aspen City Council on December 11,
2006 and recorded on January 30,2007,at Reception No.533926.
Floor plans attached hereto as Exhibit A.
Unit Number Unit Typo Net Livable Area
Unit 1 Studio 248 square feet
Unit 2 Studio 257 square feet
Unit 3 Studio 281 square feet
Unit 4 Studio 284 square feet
Unit 5 2-bdrm,dorm suite 600 square feet
Unit 6 2-bdrm.dorm suite 547 square feet
Unit 7 2•bdrm.dorm suite 650 square feet
Unit 8 2-bdrm.dorm suite 670 square feel
The foregoing variation of the Housing Authority's minimum size requirements for Category 1
Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance No.42
(Series of 2006);and
WHEREAS,in accordance with said Ordinance No.42(Series of 2006)and the 2007 Hotel
Jerome PUD Agreement recorded January 30,2007 at Reception No.533928 in said records,Owner
desires by this instrument to deed restrict the use and occupancy of the Affordable Housing Units to
persons who are employed in Pitkin County(and their families)and who meet the qualification guidelines
set forth in the Aspen/Pitkin County Affordable Housing Guidelines established and indexed by the
Housing Authority on an annual basis(the"Guidelines");and
WHEREAS,as set forth in Paragraph 1(f)and(g)of that certain Master Termination Agreement
recorded on January 30,2007 as Reception No.533929,attached hereto as ExhibitB,the previous
Declaration of Covenants,Restrictions and Conditions for the Cortina Lodge recorded December 16,
1988 in Book 581 at Page 332 as Reception No.307031,as amended by Amendment to Cortina
Declaration of Covenants,Restrictions and Conditions recorded June 12, 1991 in Book 648 at Page 373
as Reception No.333507,shall be deemed fully and forever vacated,terminated,cancelled,released,
Cortina Deed Restriction Page I
RECEPTION#: 576617, 01/10^11 at 01 :58:05 PM, 2 OF 30, Am
Janice K. Vos Caudill, Pi n County, CO 14'
extinguished,null,void,and of no further force or effect whatsoever upon the recording of this Deed
Restriction.
NOW,THEREFORE,for in consideration of the mutual covenants and agreements set forth
herein and for good and valuable considerations,the receipt and sufficiency of which are hereby
acknowledged,the Owner covenants and agrees as follows:
1. The Affordable Housing Units shall at all times be rented in accordance with the terms of
this Deed Restriction and the Guidelines as amended from time to time.
2. The use and occupancy of the Affordable Housing Units shall henceforth be limited
exclusively to rental housing for persons who are employed in Pitkin County(and their families)who
meet the definition of"qualified Category I employee"as that term is defused by the Guidelines. Owner
shall give first priority for occupancy for the Affordable Housing Units to employees of the Hotel
Jerome. Any Affordable Housing Unit not rented by Owner to Hotel Jerome employees may be rented to
any"qualified Category 1 employee"selected by Owner. If Owner does not lease an Affordable Housing
Unit to a qualified employee of its own selection,then the Housing Authority shall select the tenant in
accordance with the Guidelines. Employees shall be qualified by the Housing Authority as to
employment,maximum income and asset limitations.
3. Written verification of employment of employee(s)proposed to reside in an Affordable
Housing Unit shall be completed and filed with the Housing Authority by Owner prior to occupancy
thereof,and such verification must be accepted by the Housing Authority.
4. An Affordable Housing Unit shall be rented for periods of no less than six(6)
consecutive months except if employee resigns or is terminated for cause. If employee resigns or
terminated for cause Owner shall be entitled to terminate the lease on at least fourteen(14)consecutive
days notice or such greater notice as may be required by Colorado law. Owner shall provide the Housing
Authority with an affidavit stating that the employee resigned or was terminated for cause and the date of
such action. Upon vacancy of an Affordable Housing Unit,owner is granted forty-five(45)days in
which to locate a qualified employee,unless a longer period is authorized by the Housing Authority on a
case-by-case basis. Approval for such additional time may be requested by Owner for repair and/or
refurbishment of an Affordable Housing Unit,for renovation and/or redevelopment of the Cortina Lodge
property,or for an unexpected breach of the lease agreement by the tenant,and such approval shall not be
unreasonably withheld or delayed by the Housing Authority. If a qualified employee is not placed in an
Affordable Housing Unit within the above-prescribed period,the Housing Authority may select a
qualified tenant for the Affordable Housing Unit,to whom the Owner is required to lease the Unit.
5. The maximum allowed occupancy for the four(4)studio units shall be limited to two(2)
persons per unit. The minimum occupancy for the four(4)two-bedroom units shall be two(2)persons
per bedroom.
6. The maximum rental rate for an Affordable Housing Unit shall not exceed the Category 1
rental rate as set forth in the Guidelines established by the Housing Authority as part of the Guidelines,
subject to annual adjustment as permitted by the Guidelines. The maximum permitted rent for the studio
units on the date of execution of this Deed Restriction is$545.00 per month,and the maximum permitted
rent for the 2-bedroom dormitory suites on the date of execution of this Deed Restriction is$908.00 per
month,or$222.00 per person. Rent shall be verified and approved by the Housing Authority upon
submission and approval of the lease.
Cortina Deed Restriction Page 2
RECEPTION#: 576617, 01/10/211 at 01:58:05 PM, 3 OF 30,
Janic� K. Vos Caudill, Pit.;, _ i County, CO '
7. A written lease agreement shall be executed by Owner and the tenant for each occupancy
of an Affordable Housing Unit,and shall provide for a minimum rental term of six(6)consecutive
months,subject always to Owner's right to terminate the lease if the tenant defaults in the performance of
the tenant's obligations thereunder and the Owner's right to terminate the lease as provided in paragraph 4
above. An executed copy of the lease shall be provided to the Housing Authority by Owner within ten
(10)days of the Housing Authority's approval of the proposed tenant.
8. Owner agrees to provide the Housing Authority upon request all information reasonably
necessary to determine if there is full compliance with this Deed Restriction in a timely manner.
9. In the event the Housing Authority has reasonable cause to believe the Owner and/or
tenant is violating the provisions of this Deed Restriction,the Housing Authority,by its authorized
representative,may inspect the Cortina Lodge or the Affordable Housing Units between the hours of 8:00
a.m.and 5:00 p.m.,Monday through Friday,after providing Owner with no less than 24 hours'written
notice.
10. The Housing Authority,in the event of a violation of this Deed Restriction is discovered,
shall send notice of violation to the Owner and/or tenant,as may be applicable,detailing the nature of the
violation and allowing the Owner and/or tenant fifteen(15)days to cure. Said notice shall state that the
Owner and/or tenant may request a quasi-judicial hearing before the Aspew?itkin Housing Authority
Board("Housing Authority Board")pursuant to the Grievance Procedures of the Housing Authority
Guidelines within fifteen(15)days to determine the merits of the allegations. If no hearing is requested
and the violation is not cured within the fifteen(IS)day period,the Owner and/or tenant shall be
considered in violation of this Deed Restriction. If a hearing is held before the Housing Authority Board,
the decision of the Housing Authority Board based on the record of such hearing shall be final for
purposes of determining if a violation has occurred and for the purpose of judicial review.
11. There is hereby reserved to the parties hereto any and all remedies provided by law for
breach of this Deed Restriction or any of its terms. In the event the parties resort to litigation with respect
to any or all provisions of this Deed Restriction,the prevailing party shall recover damages and costs,and
shall be awarded its reasonable attorney's fees.
12. In the event an Affordable Housing Unit is leased without compliance herewith,such
lease shall be wholly null and void and shall confer no interest whatsoever upon the purported tenant.
Each and every lease,for all purposes,shall be deemed to include and incorporate by this reference,the
covenants herein contained,even without reference therein to this Deed Restriction.
13. In the event the Owner or tenant fails to cure any breach,the Housing Authority may
resort to any and all available legal actions,including,but not limited to,specific performance of this
Deed Restriction or a mandatory injunction requiring compliance by Owner and/or tenant.
14. Whenever possible,each provision of this Deed Restriction and any other related
document shall be interpreted in such a manner as to be valid under applicable law;but if any such
provision shall be invalid or prohibited under applicable law such provision shall be ineffective to the
extent of such invalidity or prohibition without invalidating the remaining provisions of this Deed
Restriction or other document.
15. This Deed Restriction is to be governed and construed in accordance with the laws of the
State of Colorado.
Cortina Deed Restriction Page 3
RECEPTION#: 576617, 01/10/^l at 01 :58:05 PM, 4 OF 30, ,
Janice K. Vos Caudill, Pit., ._i County, CO
16. No claim of waiver,consent or acquiescence with respect to any provision of this Deed
Restriction shall be valid against any party hereto except on the basis of a written instrument executed by
the parties to this Deed Restriction. However,the party for whose benefit a condition is inserted herein
shall have the unilateral right to waive such condition.
17. The parties to this Deed Restriction agree that any modifications of this Deed Restriction
shall be effective only when made in writing signed by both parties and recorded with the Clerk and
Recorder of Pitkin County,Colorado.
18. The terms and provisions of this Deed Restriction shall constitute covenants running with
the title to the Cortina Lodge property as a burden thereon for the benefit of,and shall be specifically
enforceable by,the Housing Authority,the City of Aspen,Colorado,and their respective successors and
assigns,by any appropriate legal action including,but not limited to,injunction,abatement,or eviction of
non-qualified tenants.
19. This Deed Restriction constitutes the placement on the title to the Cortina Lodge of a
deed restriction that limits rent on the property pursuant to a voluntary agreement between Owner and
APCHA in accordance with C.R.S.§38-12-301 (2)(b).
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the day and
year first written above.
OWNER: JEROME PROPERTY LLC,
a Delawa imited liability company
B :
Iona R.Wilson,Jr.,as Manager
STATE OF T Iti c�6%s _ )
ss.
COUNTY OFC'-MA- )
The foregoing Deed Restriction was acknowledged before me this Lj�day of
201.1,by Donald R.Wilson,as Manager of Jerome Property LLC,a Delaware limited liability compAy.
Witness my hand and official seal. i0FFM SM AW My commission expires: VN y
WTARY FL"-STATE OF IU M US
Notary
ACCEPTANCE BY HOUSING AUTHORITY
The foregoing Deed Restriction and its terms are accepted by the Aspen/Pitkin County Housing
Authority this_day of ,2011.
ASPEN/PITKIN HOUSING AUTHORITY
y.
Tom McCabe,Executive Director
(Notary on following page)
Cortina Deed Restriction Page
RECEPTION#: 576617, 01/10/2011- -At 01:58:05 PM, 5 OF 30,
Janice K. Vos Caudill, Pitkin,, unty, CO ;,r
STATE OF COLORADO
COUNTY OF PITKIN ) *da of 2011,by
Acceptance was acknowledged before me this�� Authority a�,
The foregoing Accep en/Pitkin County Housing
Tom McCabe as Executive Director of the Asp
Witness my hand and official sea"
My commission expires:__ _ Notary Public
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RECEPTION#: 576617, 01/10/,*0+1.1 at 01:58:05 PM, 8 OF 30,
Janice K. Vos Caudill, Pit., i County, CO
EXHIBIT
• 533928 E
111111 IN 11111111111111111111111111111 1111111111111101/30,2907 02:241
MICE K V05 CAUDILL PITKIN COUNTY CO R 118.00 0 0.00
2007 HOTEL JEROME PUD AGREEMENT
THIS 2007 HOTEL JEROME PUD AGREEMENT(the"2007 PUD Agreement")is
made and entered into this.3 O day of 2007,by and between THE CITY OF
ASPEN,COLORADO,a municipal co ration(he einafter referred to as"City"),and
HOTEL JEROME,INC.,a Delaware corporation(hereinafter referred to as"Owner"),
WITNESSETH•
WHEREAS,Owner has submitted to the City an application(the"Application")for a
PUD Amendment to permit the renovation of the Hotel Jerome property located at 330 East
Main Street in Aspen,Colorado,said property being more particularly described as Lots A-I and
Lots O-S and the Easterly 20 feet of Lot N and the Easterly 170 feet of the vacated alley,all in
Block 79,City and Townsite of Aspen,Pitkin County,Colorado(the"Hotel Jerome Property"),
and the renovation of the Cortina Lodge property described as Lots P and Q,Block 73,City and
Townsite of Aspen,Pitkin County,Colorado(the"Cortina Lodge Property")(collectively,the
"Property'),which application requests the approval and recordation of a Hotel Jerome Final
PUD Development Plan and related documents(collectively,the"Final PUD Development
Plan");and
WHEREAS,City has fully considered the Application,the Final PUD Development
Plan,the proposed development and improvement of the Property,and the effects of the
proposed development and improvement of said Property on adjoining or neighboring properties
and property owners and on the Aspen community;and has determined that the development
proposal set forth in the Application meets or exceeds all applicable development standards and
that the approval of the Application,with conditions,is consistent with the goals and elements of
the Aspen Area Community Plan;and
WHEREAS,City has imposed certain conditions and requirements in connection with its
approval of the Application and its approval and recordation of the Final PUD Development
Plan,such matters being necessary to protect,promote and enhance the public welfare;and
WHEREAS,Owner is willing to acknowledge,accept,abide by and faithfully perform
the conditions and requirements imposed by City in approving the Application and the Final
PUD Development Plan;and
WHEREAS,under the authority of Sections 26.445.070.0 and 26.480.070.C and D
of the Aspen Municipal Code,City is entitled to certain financial guarantees to ensure(i)that the
required improvements to the public right-of-way are installed and(ii)that the required
landscaping is implemented and maintained,and Owner is prepared to provide such guarantees
as hereinafter set forth;and
WHEREAS,contemporaneously with the execution and recording of this 2007 PUD
Agreement,City and Owner have recorded the Final PUD Development Plan as Reception
1
RECEPTION#: 576617, 01/10/9011 at 01:58:05 PM, 9 OF 30,
Janice K. Vos Caudill, Pit, a County, CO
I I�I�II u�ll NI��1l��1II11� 533928
1 mitli 01/30/2007 I 02
.211
111NICE K VO6 CNIUDILL PITKIN COUNTY CO R 116.00 D 0.00 2
No. S'3�9�� in the Office of the Clerk and Recorder of Pitkin County,Colorado.
NOW,THEREFORE,for and in consideration of the mutual covenants and agreements
herein contained and the approval and acceptance for recordation by City of the Final PUD
Development Plan,and for other good and valuable considerations,the receipt and sufficiency of
which are hereby acknowledged,the parties agree as follows:
ARTICLE I
PURPOSE AND EFFECT OF 2007 PUD AGREEMENT - - - - - -
1.1 Purpose.The purpose of this 2007 PUD Agreement is to set forth the complete
and comprehensive understanding and agreement of the parties with respect to the renovation of
the Hotel Jerome and the Cortina Lodge and to enumerate all terms and conditions under which
such renovations may occur.
1.2 Lffiect. It is the intent of the parties that this 2007 PUD Agreement shall
effectively supersede and replace in their entirety certain previously recorded plats,PUD
agreements,protective covenants,and land use approvals that encumber the Hotel Jerome
Property and/or the Cortina Lodge Property,including without limitation those matters identified
in Article VI below(collectively,the"Prior Instruments and Approvals'),and City and Owner
agree to cooperate in the execution and recording of such documents as may be necessary or
appropriate to accomplish the vacation and/or termination of said Prior Instruments and
Approvals.The parties anticipate that these recordings will take place contemporaneously with
the recording of the Final PUD Development Plan.However,a delay in the recording of any
such vacation/termination documents shall not affect or delay the recording of this 2007 PUD
Agreement or the Final PUD Development Plan. All prior land use approvals associated with the
Hotel Jerome Property that are not identified as Prior Instruments and Approvals in Article VI
below shall remain unmodified hereby and in full force and effect.
ARTICLE 11
ZONING AND REGULATORY APPROVALS
2.1 Aooroval Ordinance and Resolutions.
(a) Pursuant to Ordinance No.42(Series of 2006)adopted on December 11,
2006,the Aspen City Council granted final approval of a PUD Amendment for the Hotel
Jerome including an extensive renovation of the existing Hotel Jerome,an expansion of
the Hotel's existing net leasable commercial area,the reconfiguration and renovation of
the Hotel's Main Street and Mill Street courtyards,and the elimination of a prior
condition that a portion of the Hotel's parking garage be reserved for Hotel employees.
The PUD Amendment also approved the renovation of the existing Cortina Lodge to
meet the Hotel's employee housing mitigation requirements.
(b) Pursuant to Resolution No. 37(Series of 2006)adopted on December 13,
2006,the City of Aspen Historic Preservation Commission(the"HPC'�granted final
development plan approval for the contemplated renovation of the Hotel Jerome.
2
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RECEPTION#: 576617, 01 110 1A41 at 01 :58:05 PM, 10 OF 30, "i
Janice K. Vos Caudill, Pit,, a County, CO
f1 I (I 533928
I Il�11411N 01/3 3 0 02
f11pppp��111IIII ��11II�NI1{III�iI�V�iI�NI<lfi� elia0i2eo7 es:za;
I I� D 0.00
IC�uU
JHNIGE K VOS GpUDILL PSTKSN GOUNTV CO R 118.00
(c) Pursuant to Resolution No.6(Series of 2006)adopted on March 8,2006,
the HPC granted minor development approval for the renovation of the Cortina Lodge.
(d) This 2007 PUD Agreement incorporates all of the pertinent provisions of
Ordinance No.42 and HPC Resolution Nos.6 and 37.In the event of any inconsistency
between the provisions of Ordinance No.42,HPC Resolution No.6 and/or HPC
Resolution No.37,and the provisions of this 2007 PUD Agreement,the provisions of
this 2007 PUD Agreement shall control.
2.2 Dimensional Requirements for Hotel Jerome.Ordinance No.42 established
and approved the following dimensional requirements for the Hotel Jerome PUD:
(a) Minimum Lot Size 47,735 sq.ft.
(b) Minimum Lot Area Per Dwelling Unit N/A-No Dwelling Units
(c) Maximum Allowable Density 94 Lodge Units
(d) Minimum Lot Width* 170 feet
(e) Minimum Front Yard Setback* None
(f) Minimum Side Yard Setbacks* None
(g) Minimum Rear Yard Setback* None
(h) Maximum Height 54 feet at Northeast Corner of
Existing Building
(i) Minimum Distance Between Buildings N/A-Single Structure
0) Minimum Percent Open Space* Per Existing Conditions
(k) Trash Access Area Per P&Z Resol.No. 8-86
(1) Allowable Floor Area 114,934 sq. ft.
Commercial: 15,985 sq.ft.
Lodge Units: 59,214 sq.ft.
Other: 39,735 sq.ft.
(m) Minimum Off-Street Parking 47 spaces
* Per Land Survey Plat dated October 24,2006 to be recorded with
Final PUD Development Plan
2.3 Vested Rights. Under Development Order of the City of Aspen Community
Development Department issued January 5,2007 with an effective date of January 14,2007(the
"Development Order'j,the right to undertake and complete the development and use of the
Hotel Jerome Property and the Cortina Lodge Property pursuant to the terms and provisions of
this 2007 PUD Agreement and the Final PUD Development Plan is vested until January 14,
2010,and shall not be altered,impaired,diminished or delayed by any subsequent zoning or land
use action that is prohibited by Section 24-68-105(1)of the Colorado Revised Statutes.In
accordance with the requirements of CRS Section 24-68-103(b),a properly noticed public
hearing concerning the establishment of such vested rights for the Property was conducted on
December 11,2006.As authorized by CRS Section 24-68-102(4)(a),City and Owner agree that
the site specific plan for the Property consists of and includes,but is not limited to,the number,
permitted size,and configuration of the Hotel's lodge units,the commercial areas,the parking
3
RECEPTION#: 576617, 01/10/9011 at 01:58:05 PM, 11 OF 30,
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01/3
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JANICE K VOS
CauolLl PITKIN COUNTY CO R 118.00 v se
spaces,and the other spaces and areas in the Hotel Jerome;the number,permitted size,and
configuration of the affordable housing units and the other spaces and areas in the Cortina
Lodge;the number of employees mitigated by the Cortina Lodge;and all other matters set forth
in Ordinance No.42(Series of 2006),HPC Resolution Nos.6 and 37(Series of 2006),the Hotel
Jerome 1nal PUD Development Plan recorded—_ALI tY-30-,2007 as Reception No.
JEO this 2007 Hotel Jerome PUD Agreement,and all other documents and plans
recorded concurrently therewith.For purposes of this Section 2.3,this 2007 PUD Agreement
shall be considered a"development agreement"as that term is used in CRS Section 24-68-
104(2).
ARTICLE III
DEVELOPMENT REQUIREMENTS AND RESTRICTIONS—HOTEL JEROME
3.1 Motel Jerome Component.The renovated Hotel Jerome will contain(i)94 lodge
units containing a maximum of 59,214 square feet of floor area,calculated in accordance with
the City's floor area regulations in effect on January 5,2007(the date of the Development
Order),which floor area regulations are attached hereto as Exhibit A and made a part hereof by
this reference(the"Floor Area Regulations'),(ii) 14,891 square feet of net leasable commercial
area,(iii)47 parking spaces located in the Hotel garage,and(iv)various back-of-house facilities
and areas containing a maximum of 39,735 square feet of floor area.The prior requirement that
27 of the Hotel's on-site parking spaces be reserved for Hotel employees is hereby fully and
forever waived and terminated.
3.2 Cortina Lode Component.
(a) The renovated Cortina Lodge will contain(i)four(4)studio units in the
Lodge's one-story structure,ranging from 264 square feet to 299 square feet of net
livable area,(ii)four(4)two-bedroom dormitory suites with a shared bath and individual
closets in the Lodge's two-story structure,ranging from 535 square feet to 659 square
feet of net livable area,and(iii)a common kitchen,dining area and laundry.The net
livable areas set forth above are approximations only,and the final unit sizes will be in
substantial conformity therewith.City hereby approves the foregoing variation of the
Aspen/Pitkin County Housing Authority("APCHX minimum size requirements for
Category 1 units. The renovated Cortina Lodge shall be credited with housing 21
employees.
(b) The eight(8)affordable housing units in the Cortina Lodge(the
"Affordable Housing Units")must be deed restricted to APCHA's Category 1 income
and occupancy rental guidelines,and a Certificate of Occupancy must be issued therefor,
before a Certificate of Occupancy will be issued for the Hotel Jerome renovation.The
deed restriction will be in substantial conformity with the form of Deed Restriction
attached hereto as Exhibit B and made a part hereof by this reference.The Deed
Restriction provides that any units not rented to Hotel Jerome employees may be rented
to any employee that qualifies under APCHA Guidelines.
4
RECEPTION#: 576617, 01/10/^1 at 01:58:05 PM, 12 OF 30,
Janice K. Vos Caudill, Pitk,.._,, County, CO
(VIII IIIU�IIII IIII IIIIII III IIIIIII III VIII III)Iii
01/3e/2007 0 2:241
JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 D 0.00
(c) The Declaration of Covenants,Restrictions and Conditions for the Cortina
Lodge recorded December 15, 1988 in Book 581 at Page 332;Resolution No. 1 (Series of
1987)of the Aspen City Council recorded June 6, 1990 in Book 622 at Page 347;and the
Amendment to Cortina Declaration of Covenants,Restrictions and Conditions recorded
June 12, 1991 in Book 648 at Page 373,will be deemed fully and forever terminated
upon the recording of the new Deed Restriction on the Affordable Housing Units,a copy
of which is attached hereto as Exhibit B.
(d) Unless a different arrangement is worked out with the City,and only to the
extent necessary to comply with applicable Colorado law,at the time of recording of the
deed restriction Owner will convey a one-tenth of one percent interest in the Cortina
Lodge Property to APCHA.Said one-tenth of one percent interest is hereinafter referred
to as the"APCHA Interest".The conveyance of the APCHA Interest shall be expressly
subject to the understanding and agreement of Owner and APCHA that(i)ownership of
the APCHA Interest only gives APCHA the right to enforce the deed restriction on the
Affordable Housing Units,and does not give APCHA any authority or rights that are not
specifically set forth in the deed restriction,(ii)in all other respects,APCHA shall be
deemed to have no ownership interests,rights or responsibilities in connection with the
Affordable Housing Units or the Cortina Lodge Property,and the record owner of the
remaining interest in the Cortina Lodge Property shall have full right and authority to
lease,encumber,or otherwise deal with the Cortina Lodge Property and the Affordable
Housing Units therein as if such owner held a 100 percent ownership interest therein,
(iii)APCHA shall have no liability to third persons arising solely out of its ownership of
the APCHA Interest,and Owner(and any successor or assign of Owner in the ownership
of the Cortina Lodge Property)shall indemnify APCHA and the City from and against
any claims,liabilities,losses,damages,fees or expenses arising solely out of the
ownership of the APCHA Interest,and(iv)the APCHA Interest will be conveyed to the
then record owner of the remaining interest in the Cortina Lodge Property if and when
the Colorado legislature or a court of competent jurisdiction legalizes the imposition of
rent restrictions on affordable housing units.
(e) Owner reserves the right to provide substitute affordable housing for the
affordable housing being provided in the Cortina Lodge, subject to the prior approval of
the City of Aspen.
3.3 Affordable Housing Mitigation.The renovated Hotel Jerome's additional net
leasable commercial area will require affordable housing mitigation for a total of 1.42
employees,one(1)of which will be housed at the renovated Cortina Lodge.The remaining 0.42
employees will be mitigated by a cash-in-lieu payment by Owner to the City prior to issuance of
a Building Permit for the Hotel renovations.The amount of such payment shall be calculated
based on an average of APCHA's Category 2 and Category 3 payment-in-lieu fees in effect at
the time of Building Permit submittal.
3.4 Construction in Accordance with Plans and IkHPC Resolutions.
5
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Janice K. Vos Caudill, Pi _n County, CO
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(a) Hotel_Jerome.The Hotel Jerome renovation,and all of its component
parts, shall be accomplished in substantial compliance with the Hotel Jerome Final PUD
Development Plan and with all architectural plans and elevations,utility plans,drainage
plans,and landscape plans that are recorded contemporaneously with the recording of
this 2007 PUD Agreement.In addition,the Hotel Jerome renovation shall comply with
the conditions of approval set forth in HPC Resolution No.37(Series of 2006),to wit:
(i) All replacement windows on the ground floor must be of wood.
Upper floor windows are permitted to be clad.Cut sheets must be submitted for
review and approval by HPC staff and monitor.If there are any historic windows
left on the building,they must be repaired and preserved.Tinted glass is not
approved for any of the window units.Detailed drawings of the window openings
proposed to be restored at the sidewalk level on the east fagade must be reviewed
and approved by HPC staff and monitor.
(ii) Awnings are only approved for the J-Bar and"Jerome Shop"
spaces.The proposed awnings must be redesigned for review and approval by
HPC staff and monitor in order to more closely match the historic awnings.The
awnings for the J-Bar and"Jerome Shop"will be retractable and removable.
Upper awnings must be mocked-up for review and approval or denial by the HPC
Board. HPC staff and monitor will review proposed signage.
(iii) Metal balcony railings on the exterior of the building must be
mocked-up for review and approval or denial by the HPC Board.
(iv) No new column features or materials that are inconsistent with the
design of the original columns can be added.
(v) The Final Lighting Plan must be reviewed and approved by HPC
staff and monitor,as set forth in Section 3.8(a)below.The proposed decorative
exterior light fixtures,in particular sconces,must be restudied to be less
contemporary.The HPC Board supports a design competition for the pendant
lamp at the Hotel entry,with the understanding that the HPC staff and monitor
must still grant approval.
(vi) Any historic materials must be repaired in place,and to the extent
that portions of the parapet require reconstruction,it should be based on
documented evidence and photographs of the original appearance.
(vii) All other masonry repairs,including cleaning,repointing,
application of a sealer,etc.,will require further information and approval by HPC
staff and monitor.
(viii) The sidewalk treatment must be reviewed and approved by staff
and monitor.
6
RECEPTION#: 576617, 01/10/200ll at 01:58:05 PM, 14 OF 30, ,
Janice K. Vos Caudill, Pitk_ , County, CO
I I�IIII I��I�III)I II�I�NII I'UIII III I II Il�I IIII
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(ix) There shall be no deviations from the exterior elevations as
approved without first being reviewed and approved by HPC staff and monitor,or
the full HPC Board.
(x) These conditions of approval must be printed on the cover sheet of
the building permit plan set and all other prints made for the purpose of
construction.
(b) Cortina Lodge,The Cortina Lodge renovation and reconfiguration,and
all component parts thereof,shall be accomplished in substantial compliance with the
architectural plans and elevations therefor that are recorded contemporaneously with the
recording of this 2007 PUD Agreement.In addition,the Cortina Lodge renovation and
reconfiguration shall comply with the conditions of approval set forth in HPC Resolution
No. 6(Series of 2006),to wit:
(i) Owner shall provide further information about lighting and any
exterior utilities or conduit for review and approval by HPC staff and monitor
before purchase or installation of same.
(ii) Owner shall retain existing door and window openings wherever
possible,even if such openings are made non-functional.Revisions shall be
reviewed by HPC staff and monitor.
(iii) Owner shall install a front door on the two-story structure and a
more appropriate window on the laundry room,guided by old photographs if
available.
(iv) There shall be no deviations from the exterior elevations as
approved without first being reviewed by HPC staff and monitor,or by the full
HPC board.
(v) These conditions of approval shall be printed on the cover sheet of
the building permit plan set and on all other prints made for the purpose of
construction.
(vi) Owner shall provide the contractor with a copy of HPC Resolution
No. 6(Series of 2006),and the contractor shall submit a letter addressed to HPC
staff as part of the building permit application indicating that all conditions of
approval contained in said Resolution are known and understood.The contractor
shall also meet with the Historic Preservation Officer prior to applying for the
building permit.
3.5 Guest Transportation.Owner shall provide transportation within the City of
Aspen and Aspen airport pickup and delivery for the guests of the Hotel Jerome.Any vehicle
owned,possessed or operated for such purpose by Owner shall be stored in the Hotel's
underground garage when not in operation.
3.6 Inventory and Treatment of Interior Features of Hotel Jerome.
(a) Prior to or contemporaneously with submittal of an application for a
building permit for the Hotel Jerome renovation,Owner shall submit to the Historic
7
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Preservation Officer a written inventory of all original features existing within those
interior areas of the Hotel Jerome that are customarily open to the public,or where the
public is typically invited.The inventory must be accompanied by current photographs,
and copies of any photographs of the interior of the Hotel Jerome available from the
Aspen Historical Society Archives.
(b) The City's Historic Preservation Officer shall review the inventory and
shall verify the completeness thereof.Any overlooked elements that can be documented
as original shall be added to the inventory.The inventory shall also identify the proposed
treatment of the items on the inventory. To the extent there is any disagreement between
Owner and the Historic Preservation Officer,the Owner may appeal the matter to the
City Manager.The City Manager's decision in the matter shall be final,unless such
decision is appealed by the Owner to the City Council,which body shall then conduct a
de novo review of the issue.
(c) Once the proposed treatment is mutually agreed upon by City and Owner,
no changes in treatment shall be allowed without the prior consent of the Historic
Preservation Officer,subject to the appeal rights of Owner described in Section 3.6(b)
above.
3.7 Cortina Lodge Historic Landmark Designation.Before a building permit is
issued for the renovation of the Hotel Jerome,Owner shall submit to the UPC an application for
Historic Landmark Designation for the Cortina Lodge pursuant to Section 26.415.030.8 of the
Aspen Municipal Code,"Criteria for Listing on Aspen Inventory of Historic Landmark Sites and
Structures".
3.8 Hotel Jerome Landscape Improvements.
(a) Owner shall record a Conceptual Landscape Plan for the Hotel Jerome
Property as part of the Final PUD Development Plan,and shall submit a Final Landscape
Plan for the Hotel Jerome Property for review and approval by the City Parks
Department and the HPC staff and monitor prior to issuance of a building permit for the
Hotel renovation(the"Final Landscape Plan'). Owner shall be responsible for
implementing the Final Landscape Plan,and landscaping improvements shall be
accomplished as subdivision improvements in accordance with Article 1V of this 2007
PUD Agreement.
(b) All landscaping in the public right-of-way shall meet the requirements set
forth in Municipal Code Chapter 21.20,Trees and Landscaping on Public Right-of-Way,
and shall be approved by the City Parks Department prior to installation. Before installing
any landscaping or other improvements in the public right-of-way,Owner shall obtain a
Revocable Encroachment License(in the event required)from the City Engineering
Department.
(c) Owner shall obtain a tree removal permit from the Parks Department and
pay the applicable tree removal fee(in the event required)prior to issuance of a building
8
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Janice K. Vos Caudill, Pitk,.... , County, CO
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permit for the Hotel renovation.The permit shall be submitted with the building permit
application.
(d) Owner shall install tree saving construction fences around the drip line of
any trees to be saved on the Hotel Jerome Property as approved by the Parks Department.
The Parks Department must inspect and approve the fence location before any
construction activities commence.No storage of materials,storage of construction
equipment,construction backfill,or foot or vehicular traffic shall be allowed within the
fenced drip line.Any work and/or minor excavation for the installation of additional
landscaping,property fences and surface materials located within the drip line protection
zone will be required to be hand excavation only with no over digging.All work within
the drip line requires oversight from the Parks Department for approval of soil
amendments,root pruning and grade changes.Excavations outside of the tree protection
zone shall address tree and root protection in the following way:All roots shall be cut
prior to full excavation using a clean sharp pruning saw;all roots will be cut flush with
the exposed soil line;six inches of mulch is required to be placed within the zone of
vegetation protection and maintained at a level of six inches during the entire project;
irrigation of trees is required throughout the entire duration of the project with the
contractor supplying water to the trees at a rate which is appropriate for proper health.
burlap shall be placed over the edge of the excavation covering all freshly cut roots;
contractor will irrigate the burlap with an appropriate amount of water in order to keep
the burlap moist,preventing the ends of the roots from drying out.
3.9 Utilities.
(a) Owner shall comply with the City of Aspen Water System Standards,with
Title 25,and with applicable standards of Title 8(Water Conservation and Plumbing
Advisory Code)of the Aspen Municipal Code,as required by the City Water
Department.
(b) Owner shall comply with the Aspen Consolidated Sanitation District's
rules and regulations.No clear water connections(roof,foundation,perimeter drains)
shall be allowed to ACSD lines.A completed tap permit for service with the District shall
be submitted with the building permit application for the Hotel renovation.
(c) Owner shall comply with all Fire Marshal requirements in connection with
the Hotel renovation.
3.10 Engineering Requirements and Conditions.
(a) No construction material or dumpsters shall be stored on the public rights-
of-way unless a temporary encroachment license is obtained from the City Engineer.
(b) Owner shall submit a construction management plan to the City
Engineering Department with the building permit application for the Hotel renovation,
and shall abide by any additional construction management requirements in effect when
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the building permit application is filed.The management plan shall include a noise,
fugitive dust control,and construction traffic and construction parking management plan
which address,at a minimum,the following issues:
(i) A fugitive dust control plan including proposed construction
fencing,watering of haul roads and disturbed areas,daily cleaning of adjacent
paved roads,construction speed limits,and other measures necessary to prevent
windblown dust from crossing the property line.
(ii) A description of construction debris hauling routes and associated
impacts on adjoining streets;and
(iii) Construction parking mitigation.Except for essential trade trucks,
no other personal trucks shall be parked in the area around the site.The City
encourages that site workers be shuttled in from the airport parking area.
(iv) Owner shall not track mud onto City streets during construction.A
washed rock or other style mud rack must be installed during construction.
(v) Owner shall abide by all noise ordinances.Construction activity is
limited to the hours between 7:00 am.and 7:00 p.m.on Monday through
Saturday.
3.11 Air Quality Impact Fee.Before a building permit is issued for the Hotel
renovation,Owner shall pay to the City an Air Quality Impact Fee in an amount calculated in
accordance with the regulations in effect at the time of building permit submittal.
3.12 Park Development Impact Fee.Before a building permit is issued for the Hotel
renovation,Owner shall pay to the City a Park Development Impact Fee in an amount calculated
in accordance with the methodology and fee schedule in effect at the time of building permit
submittal.No new bedrooms or commercial space are being created at the Cortina Lodge,hence
no Park Development Impact Fee is due and payable in connection with that project.
3.13 School Laad Dedication Fee.No School Land Dedication Fee is required for
either the Hotel renovation or the Cortina Lodge renovation,as no subdivision of either Property
is occurring or approved.
3.14 Exterior Li¢htin¢.All exterior lighting within the Hotel Jerome Property shall
comply with Section 26.575.150,Outdoor Lighting,of the Aspen Municipal Code unless
otherwise exempted by the Community Development Director.A Lighting Plan shall be
submitted for review and approval by the HPC Monitor prior to issuance of a building permit for
the Hotel renovation.
3.15 Biding Permit Matters.Prior to issuance of a building permit for the Hotel
renovation,the following shall occur:
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(a) The primary contractor shall submit a letter to the Community
Development Director and to HPC staff stating that the conditions of approval of the
Hotel renovation have been read and understood including,without limitation,the
conditions set forth in HPC Resolution No.37(Series of 2006),and must meet with the
Historic Preservation Officer before submitting the building permit application.
(b) The primary contractor and/or superintendent shall obtain a specialty
license in historic preservation.
(c) All tap fees,impact fees, housing fees and building permit fees shall be
paid. If an alternative agreement to delay payment of the Water Tap and/or Parks Impact
fee is finalized,those fees shall be payable according to the agreement.
(d) Prior to any demolition,Owner shall complete the Building Department's
asbestos checklist and,if necessary,a person licensed by the State of Colorado to perform
asbestos inspections shall conduct an inspection.The Building Department cannot sign
any building permits until submittal of this report.If there is a finding of no asbestos,the
demolition can proceed.If asbestos is present,a licensed asbestos removal contractor
must be retained to remove it.
ARTICLE IV
A. HOTEL JEROME LANDSCAPING IMPROVEMENTS
Owner shall complete the landscaping of the Hotel Property and of the adjoining
public right-of-way in accordance with the Final Landscape Plan referred to in Section
3.8(a)above,no later than six(6)months following the issuance of a Certificate of
Occupancy for the Hotel renovation.Owner shall be responsible for ensuring the success
of all landscaping installed pursuant to the Final Landscape Plan for a period of two(2)
years following the date of installation,and shall replace any landscaping that fails during
such two(2)year period.Owner or it successors or assigns shall have the right to plant
additional native vegetation within the Hotel Property,as it may consider appropriate
from time to time,without further approvals being required.Before a building permit is
issued for the renovation,Owner shall provide the City Engineering Department and the
City Parks Department with a cost estimate for the proposed landscaping improvements
(including two(2)years of maintenance thereof)prepared by a landscaping contractor
licensed in the State of Colorado,and the Engineering Department shall approve the cost
estimate.
B. FINANCIAL ASSURANCES
In order to ensure construction and installation of the landscaping improvements
described in Section A above,and to guarantee 125 percent of the approved estimated cost of the
landscaping improvement(including two(2)years of maintenance thereof),Owner shall provide
to the City an irrevocable letter of credit from a financially responsible lender in the amount of
the approved estimated cost of such landscaping improvements. Said letter of credit shall be
provided to the City prior to the issuance of a building permit for the Hotel renovation,shall be
11
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in a form reasonably acceptable to the City Attorney and the City Manager,and shall give the
City the unconditional right,upon default by Owner,to draw funds as necessary and upon
demand to partially or fully complete and/or pay for any of such improvements or pay any
outstanding and delinquent bills for work done thereon by any party,with any excess letter of
credit amount to be applied first to additional administrative or legal costs associated with any
such default and the repair or deterioration in improvements already constructed before the
unused remainder,if any,of such letter of credit is released to Owner.
Provided,however,that Owner shall be given fourteen(14)days'written notice of
default(and the right to cure during said period)prior to the City's ability to make a draw under
the letter of credit. Notwithstanding the foregoing,delays or other problems resulting from acts
of God or other events beyond the reasonable control of Owner shall not constitute a default
hereunder so long as a good faith'effort is being made to remedy the problem and the problem is
in fact resolved within a reasonable period of time following its occurrence. As portions of the
improvements required are completed,the City Engineer shall inspect them,and upon approval
and written acceptance,he shall authorize a reduction in the outstanding amount of the letter of
credit equal to the agreed estimated cost for the completed portion of the improvements;
provided,however,that twenty-five percent(25%)of the estimated cost thereof shall be retained
until the landscaping improvements have been maintained in a satisfactory condition for two(2)
years.
It is the express understanding of the parties that compliance with the procedures set forth
in Article V below pertaining to defaults under and amendments to this 2007 PUD Agreement
shall not be required with respect to the enforcement and implementation of these financial
assurances and guarantees to be provided by Owner as set forth above.
ARTICLE V
NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS
In the event that the City Council determines that Owner is not acting in substantial
compliance with the terms of this 2007 PUD Agreement,the City Council shall notify Owner in
writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-
compliance within such reasonable time as the City Council may determine,but not less than 30
days. If the City Council determines that Owner has not complied within such time,the City
Council may issue and serve upon Owner a written order specifying the alleged non-compliance
and requiring Owner to remedy the same within thirty(30)days. Within twenty(20)days of the
receipt of such order,Owner may file with the City Council either a notice advising the City
Council that it is in compliance or a written petition requesting a hearing to determine any one or
both of the following matters:
(a) Whether the alleged non-compliance exists or did exist,or
(b) Whether a variance,extension of time or amendment to this 2007 PUD
Agreement should be granted with respect to any such non-compliance which is determined to
exist.
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Janice K. Vos Caudill, Pitka.-; County, CO
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Upon the receipt of such petition,the City Council shall promptly schedule a hearing to
consider the matters set forth in the order of non-compliance and in the petition. The hearing
shall be convened and conducted pursuant to the procedures normally established by the City
Council for other hearings. If the City Council determines by a preponderance of the evidence
that a non-compliance exists which has not been remedied,it may issue such orders as may be
appropriate,including the imposition of daily fines until such non-compliance has been
remedied,the withholding of permits and/or certificate of occupancy,as applicable;provided,
however,no order shall terminate any land use approval. The City Council may also grant such
variances,extensions of time or amendments to this 2007 PUD Agreement as it may deem
appropriate under the circumstances.
The parties expressly acknowledge and agree that the City Council shall not unreasonably
refuse to extend the time periods for performance hereunder if Owner demonstrates by a
preponderance of the evidence that the reasons for the delay(s)which necessitate said
extension(s)result from acts of God or other events beyond the reasonable control of Owner,
despite good faith efforts on its part to perform in a timely manner.
ARTICLE VI
PRIOR INSTRUMENTS AND APPROVALS
6.1 Amended and Restated Planned Unit Development Agreement—Hotel Jerome—
Renovation and Addition recorded September 15, 1986 in Book 518 at Page 921 as Reception
No.281483.
6.2 Supplemental PUD Agreement—Hotel Jerome recorded June 12, 1991 in Book
648 at Page 376 as Reception No. 333508 and rerecorded July 9, 1991 in Book 650 at Page 952
as Reception No.334427.
6.3 Amended and Restated Planned Unit Development Plat—Hotel Jerome—
recorded September 15, 1986 in Plat Book 19 at Page and related drawings recorded
contemporaneously therewith.
6.4 Second Amendment to Amended and Restated Planned Unit Development Plat—
Hotel Jerome—recorded July 1, 1991 in Plat Book 26 at Page 89.
6.5 Ordinance No. 70(Series of 1990)of the Aspen City Council,amending the Final
PUD Development Plan for the Hotel Jerome.
6.6 Declaration of Covenants,Restrictions and Conditions for the Cortina Lodge
recorded December 16, 1988 in Book 581 at Page 332 as Reception No.307031.
6.7 Amendment to Cortina Declaration of Covenants,Restrictions and Conditions
recorded June 12, 1991 in Book 648 at Page 373 as Reception No.333507.
6.8 Resolution No. 1 (Series of 1987)of the Aspen City Council,granting substitution
of Cortina Lodge Employee Units for On-Site Hotel Jerome Employee Units,recorded June 6,
1990 in Book 622 at Page 347 as Reception No.323313.
13
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Page: 14 of 23
JANJCE ^oMry Co it 118 03/
K VOS CAUDILL PJTKIN COUNri CO 30/2007 02.24f
R 118.9e a 8.00
ARTICLE VII
GENERAL PROVISIONS
7.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and
City and their respective successors and assigns.
7.2 This 2007 PUD Agreement shall be subject to and construed in accordance with
the laws of the State of Colorado.
7.3 If any of the provisions of this 2007 PUD Agreement or any paragraph,sentence,
clause,phrase,word,or section or the application thereof in any circumstance is invalidated,
such invalidity shall not affect the validity of the remainder of this 2007 PUD Agreement,and
the application of any such provision,paragraph,sentence,clause,phrase,word,or section in
any other circumstance shall not be affected thereby.
7.4 This 2007 PUD Agreement and the exhibits attached hereto contain the entire
understanding between the parties hereto with respect to the transactions contemplated
hereunder. Owner,its successors or assigns,may,on its own initiative,petition the City Council
for an amendment to this 2007 PUD Agreement or for an extension of one or more of the time
periods required for performance hereunder.The City Council shall not unreasonably deny such
petition for amendment or extension after considering all appropriate circumstances.Any such
amendments or extensions of time shall only become effective upon the execution by all parties
hereto that are affected by the proposed amendment.
7.5 Numerical and title headings contained in this 2007 PUD Agreement are for
convenience only, and shall not be deemed determinative of the substance contained herein. As
used herein,where the context requires,the use of the singular shall include the plural and the
use of any gender shall include all genders.
7.6 Upon execution of this 2007 PUD Agreement by all parties hereto,City agrees to
approve the Final PUD Development Plan and to accept the same for recordation in the office of
the Clerk and Recorder for Pitkin County,Colorado,upon payment of the recordation fees by
Owner.
7.7 Notices to be given to the parties to this 2007 PUD Agreement shall be considered
to be given if hand delivered or if deposited in the United States Mail to the parties by registered
or certified mail at the addresses indicated below,or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 110,00 0 0,00 24F
CITY: City of Aspen
City Manager
130 South Galena Street
Aspen,CO 81611
OWNER Hotel Jerome,Inc.
c/o The Broadmoor Hotel
P.O.Box 1439
Colorado Springs,CO 80901
With Copy to: Arthur C.Daily,Esq.
Holland&Hart up
600 East Main Street
Aspen,CO 81611
7.8 This 2007 PUD Agreement may be executed in counterparts,in which case all
such counterparts together shall constitute one and the same instrument which is binding on all
of the parties thereto,notwithstanding that all of the parties are not signatory to the original or
the same counterpart. Facsimile signatures shall be treated as original signatures hereon.
7.9 The terms,conditions,provisions and obligations herein contained shall be
deemed covenants that run with and burden the Property and any and all owners thereof or
interests therein,their respective successors,grantees or assigns,and further shall inure to the
benefit of and be specifically enforceable by or against the parties hereto,their respective
successors,grantees or assigns.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
CITY: City of Aspen,Colorado,a Colorado
municipal corporate
By:
Mayor
Attest:
Kathryn S.Koch,City Cle
APPROVED AS TO FORM:
D
orcester,City Attorney
15
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Janice K. Vos Caudill, Pi.: .;_n County, CO
OWNER: Hotel Jerome,In .
By:
Its:
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this "OAay of
2007,by Helen Klanderud as Mayor and Kathryn S.Koch as City Clerk of
e City of n,Colorado,a municipal corporation.
Witness my hand and official seal.
My commission expires: 04/' T1240
a
Public
STATE OF COLORADO )
ss.
COUNTY OF �-:1%
The foregoing instrument was acknowledged before me this day of
2007,by..,. Swkj&A6VcN as of Hotel
Jerome,Inc.,-t Colorado corporation.
Witness my hand and official seal.
1
My commission expires: I�COq
'P DAA2�
aka ti Notary Public --�-
= 0 f1 1J
*911:96 6
s d l l 23
I• ANICE K VOS CpUp] + 1 03/3
11 PITKIN COUNTY Co R 118.00 ®ID 0.0 02,24{
'•�p{<IJ r.�+ D 0.00
I,r• tiNhNNMM'1'•'•
16
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Janice K. Vos Caudill, Pitk,.z County, CO
533928 EXHIBIT
!III!!III!!!I�l IIli t!I!I!IINI�IIlI!NI�IIlIINIIII
01/39/2"7� 1
02:24F .�
JANICE K VOS CAUDILL PITKIN COUNTY CO R 116.00 0 0.00
Chapter 26.575
MISCELLANEOUS SUPPLEMENTAL REGULATIONS
Sections:
26.575.010 General.
26.575.020 Calculations and measurements.
26.575.030 Open Space.
26.575.040 Yards.
26.575.045 Junk Yard and Service Yards.
26.575.050 Fences.
26.575.060 Utility/trash service areas.
26.575.070 Use square footage limitations.
26.575.080 Child care center.
26.575.090 Home occupations.
26.575.100 Landscape maintenance.
26375.110 Building envelopes.
26.575.120 Satellite dish antennas.
26575.130 Wireless Telecommunication Services Facilities and Equipment
26.575.140 Accessory uses and accessory structures.
26.575.150 Outdoor Lighting.
26.575.160 Dormitory.
26575.170 Fuel storage tanks
26575.180 Restaurant.
26.575.190 Farmers'market.
26.575.200 Group Homes.
26.575.010 General.
Regulations specified in other sections of this Title shall be subject to the following supplemental
regulations.
26575.020 Calculations and measurements.
The purpose of this Section is to set forth supplemental regulations which relate to methods for
calculating and measuring certain enumerated terms as used in this Title.The definitions of the terms
are set forth at Section 26.104.100.
A. Floor area In measuring floor areas for floor area ratio and allowable floor area,the following
applies:
1. Genera l.In measuring floor area for the purposes of calculating floor area ratio and allowable
floor area,there shall be included that floor area within the surrounding exterior walls(measured
from their exterior surface)of a building,or portion thereof
2. Decks. Balconies, Porches. LQggias and Stairways. The calculation of the floor area of a
building or a portion thereof shall not include decks,balconies,exterior stairways,terraces and
689 (e.�sooy.No.2 4ai)
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JMICF K V06 CAUDILL PITKIN COUNTY CO R 116,00 0 0.08
similar features,unless the area of these features is greater than fifteen(15)percent of the maxi-
mum allowable floor area of the building(the excess of the 15%shall be included).Porches shall
not be counted towards FAR.
3. Garages.CaWra and Storage Areas.In all zone districts except the R-1 5-B zone district,for
the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is
residential,garages,carports,and storage areas shall be excluded up to a maximum area of two
hundred fifty(250)square feet per dwelling unit;all garage,carport,and storage area between
two hundred fifty(250)and five hundred(500)square feet shall count fifty(50)percent towards
allowable floor area;all garage,carport and storage areas in excess of five hundred(500)square
feet per dwelling unit shall be included as part of the residential floor area calculation.For any
dwelling unit which can be accessed from an alley or private road entering at the rear or side of
the dwelling unit,the garage shall only be excluded from floor area calculations up to two hun-
dred fifty(250)square feet per dwelling unit if it is located on said alley or road;all garage,car-
port and storage areas between two hundred fifty(250)and five hundred(500)square feet shall
count fifty(50)percent towards allowable floor area.For the purposes of determining the exclu-
sion,if any,applicable to carports,and storage areas,the area of all structures on a parcel
shall be aggregated.In the 1 e district,garage,carport,and storage areas shall be limited to
a five hundred(500)square t exemption
4. Shade areas.To determine the portion of subgrade areas that are to be included in calculat-
ing floor area,the following shall apply:
a. For any story that is partially above and partially below natural or finished grade,which-
ever is lower,the total percentage of exterior surface wall area that is exposed above the most
restrictive ofthe grades shall be the total percentage ofthe gross square footage ofthe subject
story included in the floor area calculation.Subgrade stories with no exposed exterior surface
wall area shall be excluded from floor area calculations.
(Example: If fifteen (15)percent of the exterior surface wall area has been exposed above
natural or finished grade(whichever is lower),then fifteen(15)percent of the gross square
footage of the subject story will be included as floor area.)
b. Also excluded from floor area calculations shall be any portion of a subgrade accessory
dwelling unit whose exterior surface wall area is exposed above grade for glass,window
openings,doors, and similar ways of getting light and air into the unit,or that provides re-
quired Uniform Building Code egress to the unit. The maximum amount of this exclusion
shall be one hundred(100)s.f of the floor area of the accessory dwelling unit.
c. For any dwelling unit that can be accessed from an alley or private road entering at the rear or
side of the dwelling unit,the garage or carport shall only be eligible for the exclusions described in
sub-sections a.and b.if it is located along said alley or road.
(AiM SW.N0.2.4-M) 690
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26.575.020
d. In the R-15B zone district only,garages,carports,and storage areas shall be excluded
from residential floor area calculations up to a maximum of five hundred(500)square feet per
dwelling unit.
5. (Repealed by Ord.No.56-2000,§8)
6. Accessory Dwelling Units.An Accessory Dwelling Unit shall be calculated and attributed to
the allowable floor area for a parcel with the same inclusions and exclusions for calculating Floor
Area as defined in this section,unless eligible for an exemption as described below:
Detached and permanently affordable ADUFloor Area Exemodom One hundred(100)per-
cent of the Floor Area of an ADU which is detached from the primary residence and deed re-
stricted as a"For Sale"affordable housing unit and transferred to a qualified purchaser in accor-
dance with the Aspen/Pitkin County Housing Authority Guidelines, as amended, shall be ex-
cluded from the calculation of Floor Area.
7. Linked Pavilion.Any element linking the principal structure to an accessory structure shall not
be included in the calculation of floor area provided that the linking structure is no more than one
(1)story tall,six(6)feet wide and ten(l 0)feet long.Areas of linking structures in excess of ten
(10)feet in length shall be counted in floor area.
(` II �` 533928
07430/ !07
12 {2.24F
1ANICE K VOs cAUDILL PITKIN COUNTY CO R 116.00 D 0.00
690-1 (Axio saw.Na 2.4-03)
RECEPTION#: 576617, 01/10/ 011 at 01 :58:05 PM, 27 OF 30,
Janice K. Vos Caudill, Pi,, �n County, CO
EXHIBIT
533926 /J
���I�IIIII 1NiI� Bill 02/3 z0 or 2a
11111111 III 30/2007 02.24E
JANICE K VOS CAUDILL PITKIN COUNTY CO R 118.00 0 0.00
OCCUPANCY DEED RESTRICTION AND AGREEMENT
FORDABLE HOUSING UNITS
CORTINA LODGE
THIS OCCUPANCY DEED RESTRICTION AND AGREEMENT(the"Deed
Restriction')is made and entered into this day of .2007,by and between
HOTEL JEROME,INC.,a Delaware corporation,whose address is c/o The Broadmoor Hotel,
P.O.Box 1439,Colorado Springs,CO 80901 (hereinafter referred to as"Owner'),and the
ASPEN/PITKIN COUNTY HOUSING AUTHORITY,a multi jurisdictional housing
authority established pursuant to the THIRD AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT recorded on January 8,2003 at Reception No.
477066 in the Office of the Clerk and Recorder of Pitkin County,Colorado(hereinafter referred
to as"Housing Authority").
WITNESSETH:
WHEREAS,Owner is the owner in fee simple of Lots P and Q,Block 73,City and
Townsite of Aspen,Pitkin County,Colorado,on which is situated a renovated structure known
as the Cortina Lodge(hereafter,the"Cortina Lodge");and
WHEREAS,the Cortina Lodge contains four(4)studio units and four(4)two-bedroom
dormitory suites(each,an"Affordable Housing Unit"and collectively,the"Affordable Housing
Units'),together with a common kitchen,dining area and laundry,as authorized and approved
by Ordinance No.42(Series of 2006)adopted by the Aspen City Council on December 11,2006
and recorded ,2007 in said records.The Affordable Housing Units are depicted on
the floor plans attached hereto as Exhibit A and made a part hereof by this reference,and contain
the following net livable areas,to wit:
Unit Number nit T Net Livable Area
Unit 1 Studio square feet
Unit 2 Studio square feet
Unit 3 Studio square feet
Unit 4 Studio square feet
Unit 5 2-bdrm.dorm suite square feet
Unit 6 2-bdrm.dorm suite square feet
Unit 7 2-bdrm.dorm suite square feet
Unit 8 2-bdrm.dorm suite square feet
The foregoing variation of APCHA's minimum size requirements for Category 1
Affordable Housing Units was approved by the City of Aspen in Section 10 of said Ordinance
No.42(Series of 2006);and
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lllllll lllllliUll�lllilllllllll I I 0010/0//2008f02:2 F
Iil ��l�llll 4
JANICE K VOS CAUDILL PITKIN COUNTY CO R 110.00 D 0.00
WHEREAS,in accordance with said Ordinance No.42(Series of 2006)and the 2007
Hotel Jerome PUD Agreement recorded ,2007 at Reception No.
in said records,Owner desires by this instrument to deed restrict the use and occupancy of the
Affordable Housing Units to persons who are employed in Pitkin County(and their families)and
who meet the qualification guidelines set forth in the Aspen/Pitkin County Affordable Housing
Guidelines established and indexed by the Housing Authority on an annual basis(the
"Guidelines"); and
WHEREAS,as set forth in Paragraph I(f and g)of that certain Master Termination
Agreement recorded ,2007 as Reception No. in said records,the
previous Declaration of Covenants,Restrictions and Conditions for the Cortina Lodge recorded
December 16, 1988 in Book 581 at Page 332 as Reception No.307031,as amended by
Amendment to Cortina Declaration of Covenants,Restrictions and Conditions recorded June 12,
1991 in Book 648 at Page 373 as Reception No. 333507,shall be deemed fully and forever
vacated,terminated,cancelled,released,extinguished null,void,and of no further force or effect
whatsoever upon the recording of this Deed Restriction.
NOW,THEREFORE,for and in consideration of the mutual covenants and agreements
set forth herein and for other good and valuable considerations,the receipt and sufficiency of
which are hereby acknowledged,the Owner covenants and agrees as follows:
1. The Affordable Housing Units shall at all times be rented in accordance with the
terms of this Deed Restriction.
2. The use and occupancy of the Affordable Housing Units shall henceforth be
limited exclusively to housing for persons who are employed in Pitkin County(and their
families)who meet the definition of"qualified Category 1 employed"as that term is defined by
the Guidelines.Owner shall give first priority for occupancy of the Affordable Housing Units to
employees of the Hotel Jerome.Any Affordable Housing Units not rented by Owner to Hotel
Jerome employees may be rented to any"qualified Category 1 employee selected by Owner.If
the Owner does not lease an Affordable Housing Unit to a qualified employee of his own
selection,then the Housing Authority shall select the tenant in accordance with the Guidelines.
Employees shall be qualified by the Housing Authority as to employment,maximum income and
asset limitations.
3. Written verification of employment of employee(s)proposed to reside in an
Affordable Housing Unit shall be completed and filed with the Housing Authority by Owner
prior to occupancy thereof,and such verification must be accepted by the Housing Authority.
4. An Affordable Housing Unit shall be rented for periods of no less than six(6)
consecutive months. Upon vacancy of an Affordable Housing Unit,Owner is granted forty-five
(45)days in which to locate a qualified employee,unless a longer period is authorized by the
Housing Authority. Approval for such additional time may be requested by Owner for repair
and/or refurbishment of an Affordable Housing Unit,for renovation and/or redevelopment of the
Cortina Lodge property,or for an unexpected breach of the lease agreement by the tenant,and
RECEPTION#: 576617, 01/10/-111 at 01:58:05 PM, 29 OF 30,
Jar-ice K. Vos Caudill, Pi-t,, -n County, CO
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f A IIN WS K S CAUDILL PITKIN COt1NTY CO R 11 6.00 0 0.ee
such approval shall not be unreasonably withheld or delayed by the Housing Authority. If a
qualified employee is not placed in an Affordable Housing Unit within the above-prescribed
period,the Housing Authority may rent the Affordable Housing Unit to a qualified employee of
its own selection.
5. The maximum rental rate for an Affordable Housing Unit shall not exceed the
Category 1 rental rate as set forth in the Rental Guidelines established by the Housing Authority
as part of the Guidelines, subject to annual adjustment as permitted by the Guidelines.The
maximum permitted rent for the studio units on the date of execution of this Deed Restriction is
$ per month,and the maximum permitted rent for the 2-bedroom dormitory suites on the
date of execution of this Deed Restriction is$ per month.Rent shall be verified and
approved by the Housing Authority upon submission and approval of the lease.
6. Each Affordable Housing Unit must meet minimum occupancy requirements as
stipulated in the Guidelines,i.e.,one person per bedroom.
7. A written lease agreement shall be executed by Owner and the tenant for each
occupancy of an Affordable Housing Unit,and shall provide for a minimum rental term of
six(6)consecutive months,subject always to the Owner's right to terminate the lease if the
tenant defaults in the performance of the tenant's obligations thereunder.An executed copy of
the lease shall be provided to the Housing Authority by Owner within ten(10)days of the
Housing Authority's approval of the proposed tenant.
8. The terms and provisions of this Deed Restriction shall constitute covenants
running with the title to the Cortina Lodge property as a burden thereon for the benefit of,and
shall be specifically enforceable by,the Housing Authority,the City of Aspen,Colorado,and
their respective successors and assigns,by any appropriate legal action including,but not limited
to,injunction,abatement,or eviction of non-qualified tenants.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals as of the
day and year first above written.
OWNER: HOTEL JEROME,INC.,
a Delaware corporation
By:
Its:
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing Deed Restriction was acknowledged before me this^day of
,2007,by as of Hotel Jerome,Inc.,a
Delaware corporation.
RECEPTION#: 576617, 01/10/4"1 at 01:58:05 PM, 30 OF 30,
Janice K. Vos Caudill, Pitlelh County, CO
Witness my hand and official seal.
My commission expires:
Notary Public
ACCEPTANCE BY HOUSING AUTHORITY
The foregoing Deed Restriction and its terms are accepted by the Aspen/Pitkin County
Housing Authority this day of ,2007.
ASPEN/PITKIN COUNTY HOUSING AUTHORITY
By:
Chairperson
STATE OF COLORADO)
)ss.
COUNTY OF PITKIN )
The foregoing Acceptance was acknowledged before me this day of
2007,by as Chairperson of the Aspen/Pitkin County Housing
Authority Board.
Witness my hand and official seal.
My commission expires:
Notary Public
3654258_I.DOC
ININ IIIII IIIIN IIlI IiNll IIII IIIINI NI 1111111 I{IIII 530/67 02320
)ANICE K VOS CAUDILL PITKIN COUNTY CO R 210.00 D 0.00