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HomeMy WebLinkAboutAspen Times Hotel Jerome Recordation DocumentsVAN N ASSOCIATES, LLC Planning Consultants December 15, 2016 HAND DELIVERED Mr. Justin Barker Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Aspen Times/Hotel Jerome Subdivision/PD - Recordation Documents Dear Justin: Attached for the Community Development Department's review and approval are the recordation documents for the Aspen Times/Hotel Jerome Subdivision/PD. The documents include the Project's Development Agreement, Approved Plan Set, a Subdivision Plat depicting the merger of the Aspen Times and Hotel Jerome proper- ties, and a Vacation Plat for the portion of the alley in Block 79 that was vacated in connection with the Project's approval. Upon completion of your review, we will revise the documents in the event required, and provide you with executed copies for recordation with the Pitkin County Clerk and Recorder. The documents are submitted pursuant to Sections 26.445.090 and 26.490.040 of the Aspen Land Use Regulations (the "Regulations") by Iconic Properties - Jerome, LLC (hereinafter "Applicant"), the owner of the Aspen Times and Hotel Jerome properties (see Exhibit 1, Pre -Application Conference Summary, attached hereto. A Title Commitment evidencing the Applicant's ownership of the properties is attached as Exhibit 2. Permission for Vann Associates, LLC to represent the Applicant and an Application Fee Agreement are attached as Exhibits 3 and 4, respectively. Final approval for the Project was granted by the Historic Preservation Commission pursuant to Resolution No. 34, Series of 2016 (see Exhibit 5). Pursuant to Section 3 of the Resolution, the Applicant must submit the above documents to the Community Development Department within 180 days of the issuance of the Development Order memorializing the approval. The Development Order was issued on December 2, 2016 (see Exhibit 6). The amended documents, therefore, must be recorded on or before May 31, 2017. P.O. Box 4827 • Basalt, Colorado 81621 • 970/925-6958 • Fax 970/920-9310 vannassociates@comcast.net Mr. Justin Barker December 15, 2016 Page 2 The Development Agreement is attached as Exhibit 7. The Agreement contains all of the relevant conditions contained in the various approval documents referenced in Article II, Section 2.1 of the Agreement, and addresses the applicable requirements of Section 26.490.040 of the Regulations. The Approved Plan Set, Subdivision Plat and Vacation Plat accompany this letter. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Your timely review of the recordation documents would be sincerely appreciated as the Applicant wishes to submit for a building permit in as timely a manner as possible. Yours truly, VANT$ASSOCI�LC SV:cwv Attachments cc: Gideon Kaufman d:loldclbuslcity.1tr11tr60914. jb8 r ,t a AK a J EXHIBIT t, CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: 12.6.16 PROJECT: 310 & 330 E. Main Street REPRESENTATIVE: Sunny Vann, 925.6958 REQUEST: Approval Documents DESCRIPTION: The Applicant has obtained land use approvals for Final Planned Development. Approval was granted by HPC on November 30, 2016 via Ordinance 34, Series of 2016. The following final documents are required to be updated and recorded to reflect the changes: final PD plan set reflecting the design changes, a PD/Subdivision Agreement, Right-of-way Vacation Plat, Subdivision/PD Plat. The applicant currently has a deadline of May 31, 2017 to record the documents (180 days from issuance of Development Order — December 2, 2016). If additional time is needed, the applicant may request an extension. All documents are reviewed administratively. No public hearings are required. In addition to Planning staff review, the Engineering and Parks Departments, and City Attorney's Office will review the recordation documents. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.445 Planned Development 26.490 Approval Documents hf p://www.aspenpitkin.com/Departments/Commun ity-DevelopmenVP]annino-and-Zoningf'ritle-26-Land-Use-Code/ Review by: • Staff for complete application and approval of documents Planning Fees: Planning Deposit— $975 for 3 hours (additional time is billed at $325 per hour) Referral Fees: Parks Department - $650 flat fee Engineering Department - $325 deposit (additional time is billed at $325 per hour) City Attorney's Office — no deposit, but time is billed at $325 per hour Total Deposit: $1,950 To apply, submit one (1) copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) 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, ASLU Approval Documents Hotel Jerome easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached). If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ 1 additional hard copy of the complete application packet. ❑ Electronic copy of all document. Word format is preferred for all text documents. 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. 2 EXHIBIT 12/12/2016 8:42 AM Commitment No.: 454-HO491018-610-ETO Commonwealth Land Title Insurance Company COAINHTMENT SCHEDULE A Commitment No: 454-HO491018-610-ETO 1. Effective Date: December 2, 2016 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured (a) ALTA Loan Policy 6-17-06 To be determined Policy Amount TBD 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple and Easement 4. Title to the estate or interest in the land is at the Effective Date vested in: Iconic Properties - Jerome, L.L.C., a Delaware limited liability companv 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 310, and 330 East Main Street, Aspen, CO 81611 PREIVIIUMS: Tax Cert: $20.00 Title search fee: $550.00 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and Aeul- ALTA members in good standing as of the date of use. AH other uses are prohibited. Reprinted under license from the American LAUD TITLL �s.ocuTIOM Land Title Association. 12/12/20168:42 AM Commitment No.: 454-HO491018-610-ETO Attached Legal Description PARCEL A: 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 Corner of said Block 79 (An aluminum disk marked "16129 McBride"); thence N 75009'11 " W 170.78 feet along the Northerly line of East Main Street to the Southwest Comer of the East 20.00 feet of Lot N; thence N 14°50'49" E 100.00 feet along the West line of the East 20.00 feet of Lot N; thence S 75°09' 11" E 0.78 feet along the South line of the Alley in said Block 79 to the West side of the Vacated portion of the Alley in said Block 79; thence N 14°50'49 " E 20.39 feet along the West side of the Vacated portion of the Alley in said Block 79; thence N 75°09' 11" W 101.40 feet along the North line of the Alley in said Block 79; thence N 14°50'49" E 100.00 feet along the East line of North Monarch Street to the Northwest Corner of said Block 79; thence S 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. Said parcel more particularly described as surveyed: 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: COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 79, A BRASS DISK L.S. # 19598 FOUND IN PLACE, THE POINT OF BEGINNING; THENCE N75°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, A NO.4 REBAR FOUND IN PLACE; THENCE N 14°50'49"E 100.00 FEET ALONG THE WEST LINE OF THE EAST 20.00 FEET OF LOT N, A REBAR AND CAP L.S. #19598 FOUND IN PLACE; THENCE S75°09' 11 "E 0.78 FEET ALONG THE SOUTH LINE OF THE ALLEY IN SAID BLOCK 79 TO THE WEST SIDE OF THE VACATED PORTION OF THE ALLEY IN SAID BLOCK 79 (WHENCE A REBAR & CAP L.S. #16129 BEARS N08° W 0.47 FEET); THENCE N 14°50'49"E 20.39 FEET ALONG THE WEST SIDE OF THE VACATED PORTION OF THE ALLEY IN SAID BLOCK 79 (WHENCE A REBAR &.CAP L.S. #19598 BEARS N75009'1 F"W 1.00 FEET); THENCE N75009'1 I "W 101.40 FEET ALONG THE NORTH LINE OF THE ALLEY IN SAID BLOCK 79 (WHENCE A #5 REBAR BEARS N35°E 0.67 FEET);THENCE N14°50'49"E 100.00 FEET ALONG THE EAST LINE OF NORTH Copyright American Land Title Association. All rights reserved. The use of this Forth is restricted to ALTA Coensees and o� AMERICAN ALTA members in good standing as of the date of use. AA other uses are prohibited. Reprinted under Ccense from the American LAND TITLE Land Title Association. ♦SS"1010N 12/12/2016 8:42 AM Commitment No.: 454-HO491018-610-ETO MONARCH STREET TO THE NORTHWEST CORNER OF SAID BLOCK 79 (WHENCE A REBAR & CAP L.S. #16129 BEARS N73°E 0.59 FEET); THENCE S75°09' 11 "E 271.40 FEET ALONG THE SOUTH LINE OF EAST BLEEKER STREET TO THE NORTHEAST CORNER OF SAID BLOCK 79, A REBAR & CAP L.S. #19598 FOUND IN PLACE; THENCE S14°50'49"W 119.39 FEET ALONG THE WEST LINE OF NORTH MILL STREET(WHENCE A REBAR & CAP L.S. #19598 BEARS N14°50'49"E 0.50 FEET); THENCE S75009' 11 "E 0.50 FEET; THENCE S I 4'50'49"W 100.70 FEE, A BRASS DISK L.S. #19598 FOUND IN PLACE; THENCE N75009' 11 "W 0.50 FEET, A BRASS DISK L.S. # 19598 FOUND IN PLACE; THENCE S 14°50'49" W 0.30 FEET TO THE POINT OF BEGINNING. PARCEL B: 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 A). PARCEL C: All of Lot M, the West ten feet of Lot N, and the East one-half of Lot L, The said East one-half of Lot L being more particularly described as follows: that portion of Lot L lying easterly of a line drawn parallel with the side lines of Lot L and equidistant therefrom and extending to the end lines of said Lot; all of said property being in Block 79, City and Townsite of Aspen, County of Pitkin, State of Colorado. To be known as, upon compliance with requirements (h) and (i) herein: Parcel A: 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, M, N, O, P, Q, R, S, THE EAST HALF OF LOT L, ALL PORTION OF THE VACATED ALLEY IN BLOCK 79 AND THAT PORTION OF MILL STREET ACCORDING TO THE HOTEL JEROME LOT LINE ADJUSTMENT AND SUBDIVISION EXEMPTION PLAT FILED JUNE 1213 1991 AT RECEPTION NO. 331521, IN PLAT BOOK 26 AT PAGE 52, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 79 (A NO.5 REBAR AND YELLOW PLASTIC CAP LS 19598); THENCE S 14°50'49" W ALONG THE WEST LINE OF NORTH MILL STREET A DISTANCE OF 119.39 FEET (WHENCE A WITNESS CORNER A REBAR & CAP LS 19598 BEARS N 14°50'49"E 0.50 FEET); THENCE S75°09' 11 "E A DISTANCE OF 0.50 FEET; THENCE S 14°50'49"W A DISTANCE OF 100.70 FEET TO A BRASS DISK LS 19598 FOUND IN PLACE; THENCE N75°09' 11 "W A DISTANCE OF 0.50 FEET TO A POINT ON THE AFOREMENTIONED WEST LINE OF NORTH MILL STREET, A BRASS DISK LS 19598 FOUND IN PLACE; THENCE S 14°50'49" W ALONG SAID WEST LINE A DISTANCE OF 0.30 FEET TO A POINT ON THE NORTHERLY LINE OF EAST MAIN STREET, A BRASS DISK LS 19598 FOUND IN PLACE; THENCE N75°09'11"W ALONG SAID NORTHERLY LINE A DISTANCE OF 225.78 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF LOT L (WHENCE A WITNESS CORNER A PK NAIL AND ALUMINUM TAG LS25947 BEARS: S14°50'49"W 1.00 FOOT); THENCE N14050'49"E A DISTANCE OF 120.39 TO A POINT ON THE NORTH LINE OF THE ALLEY IN SAID BLOCK 79; THENCE N75°09' 1 I "W ALONG SAID NORTH LINE A DISTANCE OF 45.62 FEET TO A POINT ON THE EASTERLY LINE OF NORTH MONARCH STREET (WHENCE A NO.5 REBAR BEARS N35°E 0.67 FEET); THENCE N14050'49"E ALONG SAID EAST LINE A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 79; (WHENCE A WITNESS CORNER A NO.5 REBAR & YELLOW PLASTIC CAP LS 16129 BEARS N730E 0.59 FEET); THENCE S75009' 11 "E ALONG THE SOUTH LINE OF EAST BLEEKER STREET A DISTANCE OF 271.40 FEET TO THE POINT OF BEGINNING. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AMEBIC AN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND TITLI Land Title Association. WAKIATION 12/12/2016 8:42 AM Commitment No.: 434-H0491018-610-ETO Parcel B: 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 S, 1992 in Book 671 at Page 33 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and A„IE ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND TITEE �swcunon Land Title Association. 12/12/2016 8:42 AM Commitment No.: 454-HO491018-610-ETQ SCHEDULE B — Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. C. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. The Company will require that an Owner's Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Iconic Properties - Jerome. L.L.C., a Delax are limited liability comoan% The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. e. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender. f. Statement of Authority for Iconic Properties - Jerome. L.L.C.. a Delaware limited liability comoant recorded February 10, 2015 at Reception No. 617308 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: Marcus A. Watts, President g. Furnish for recordation a full release of deed of trust: Amount: $47,500,000.00 Trustor/Grantor: lconic Proaerties - Jerome. L.L.C.. a Dela\vare limited liability company Trustee: Public Trustee of Pitkin County Recording Date: February 10, 2015 Recording No: Reception No. 617311 h. Recordation of right-of-way vacation plat of a portion of Block 79, City of Aspen i. Recordation of Aspen Times/Hotel Jerome Subdivision/PD plat END OF REQUIREMENTS Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AME RICAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND TITLE Land Title Association. """"AT'ON 12/122016 8:42 AM Commitment No.: 454-HO491018-610-ETO SCHEDULE B — Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 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, 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. NOTE: The above exception will not appear on policies where closing and settlement has been performed by the Company. 6. Intentionally deleted. 7. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 8. All taxes and assessments, now or heretofore assessed, due or payable. Note: Upon payment of 2014 taxes, said exception will be amended to read: All taxes and assessments for the year 2015 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 and Book 59 at Page 15; Book 59 at Page 159: Book 59 at Page 199. Book 59 at Page 200; Book 59 at Page 492 (as to Parcel A) and Book 59 at Page 262 (as to Parcels A and C) 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 (Affects Parcels A and C) and Ordinance 9, Series of 1982 recorded April 30, 1982 in Book 425 at Page 904 (Affects Parcel A) and Ordinance 5, Series of 1987 recorded December 07, 1988 in Book 580 at Page 244 (Affects Parcel C) 11. Utility easement and encroachment of window wells, portico and stairwell as shown on the Hotel Jerome Lot Line Adjustment and Subdivision Exception Plat recorded June 12, 1991 in Plat Book 26 at Page 52 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AME- ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American LAND TITLE MOCIAV ION Land Title Association. 12/ 122016 8:42 AM Commitment No.: 454-HO49101 M I O-ETO and Hotel Jerome Planned Unit Development recorded January 30, 2007 in Plat Book 82 at Page 42. (Affects Parcel A) Note: Encroachment agreement recorded March 05, 1992 in Book 671 at Page 33. 12. Ordinance No. 5, Series of 1983 recorded May 17, 1983 in Book 445 at Pagre 81. (Affects Parcel A) 13. Terms, conditions, provisions, agreements and obligations contained in the Encroachment agreement recorded March 05, 1992 in Book 671 at Page 33 Affects Parcel A). 14. Terms, conditions, provisions, agreements and obligations contained in the Lease as set forth below: Recording Date: June 07, 2000 Recording No.: Reception No. 443995 (Affects Parcel C) 15. Roof overhangs disclosed on Survey of subject property recorded December 08, 2000 in Plat Book 55 at PaC7e 1, .(Affects Parcel C) 16. Resolution of the Aspen Historic Preservation Commission recorded May 19, 2006 at Reception No. ?233 as Resolution No. 5 (Series of 2006). (Affects Parcel A) 17. Resolution of the Aspen Planning and Zoning Commission recorded October 26, 2006 at Reception No. 530238 as Resolution No. 29 (Series of 2006). (Affects Parcel A) 18. Resolution of the Aspen Historic Preservation Commission recorded January 25, 2007 at Reception 1`lo. 533744 at Resolution No. 37 ( Series of 2006). (Affects Parcel A) 19. Ordinance No. 42, Series of 2006 by Aspen City Council recorded January 30, 2007 at Reception No. 533926 and Notice of Approval thereto recorded March 20, 2012 at Reception No. 587589 and re- recorded April 27, 2012 at Reception No. 58863:; and Amended Notice of approval recorded April 27, 2012 at Reception No. 58863=1. (Affects Parcel A) 20. Terms, conditions, provisions, agreements and obligations contained in the 2007 Hotel Jerome PUD Agreement recorded January 30, 2007 at Reception No. 533928 and Amendments thereto recorded at Reception No. 588636 and Reception No. 588637 and Notice of Approval thereto recorded March 20, 2012 at Receetion No. 587590 and amendment thereto recorded April 27, 2012 at Reception No. 588635. (Affects Parcel A) 21. Resolution No. 37 (Series of 2014) by the Aspen Historic Preservation Commission recorded December 19, 2014 at Reception No. 616145. 22. Terms, conditions, provisions, agreements and obligations contained in the Ordinance No. 1, Series of 2016 as set forth below: Recording Date: June 08, 2016 Recording No.: Reception No. 629856 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and � AMERICAN ALTA members in good standing as of the date of use. AD other uses are prohibited. Reprinted under license from the American LAND Tn It Land Title Association. ASWCIAnoK 12/12/2016 8:42 AM Commitment No.: 454-HO491018-610-ETO 23. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: 1679 -Update Dated: December 19, 2014 Prepared by: High Country Engineering, Inc. Matters shown: Encroachment of garage entrance drive and snowmelt system (Affects Parcel A) 24. Terms, conditions, provisions, agreements and obligations contained in the Right -of -Way Vacation Plat as set forth below: Recording Date: Recording No.: 25. Terms, conditions, provisions, agreements and obligations contained in the Aspen Times/Hotel Jerome Subdivision/PD plat as set forth below: Recording Date: Recording No.: END OF EXCEPTIONS Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and � AMMAN ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American IAN& TITLE LandA%UXIATION Title Association. EXHIBIT July 22, 2016 &k. Justin Barker Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Authorization to Represent Dear Mr. Barker: Please consider this letter to be our authorization for Sunny Vann of Vann Associates, LLC, Planning Consultants, to represent us in submitting and facilitating the processing of our application for Planned Development review of our proposed plans for restoration, renovation and improvement of our Aspen Times and Hotel Jerome properties. A-. Vann is hereby authorized to act on our behalf with respect to matters reasonably pertaining to submission and your review of our application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Yours truly, ICONIC PROPERTIES- JEROME, LLC Eric Williamson, Vice President The Friedkin Group 13 75 Enclave Parkway Houston, TX 77077 (713) 580-3651 Agreement to Pay Application Fees An agreement between the Gty of Aspen {"Cqq and RertY/�/'a+Phone No.: Qamer ("1"):../ G� GCJC-- F.mai • �_v���"�'�-�� i'�:��%jG� . G'4A�► Property. Addrmesms: (Subject of ���� � (send bills here�,� application) . %A ijd."% I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. G� flat fee for /0 V%< $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to [snow the full extent or total costs involved in processing the apprication. I understand that additional costs over and above the deposit may accrue. 1 understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The Gly and I understand and agree that invoices mailed by the City to the above fisted billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following Initial deposit amounts for the specified Hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exveed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinater stated. $ 976. deposit far hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $MM per hour. $ t7d*60 deposit for % hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325AD per hour. City of Aspen: Jessica Garrow, AiCP Community Development Director city use: Fees cue: $.__,_fid $ Nance• Title: !'♦?G�il��� EXHIBIT RESOLUTION NO. 34 (SERIES OF 2016) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING PLANNED DEVELOPMENT — DETAILED REVIEW, MAJOR DEVELOPMENT FINAL, AND FINAL COMMERCIAL DESIGN FOR A SITE- SPECIFIC DEVELOPMENT PLAN FOR THE HOTEL JEROME PLANNED DEVELOPMENT LOCATED ON PROPERTIES COMMONLY KNOWN AS 310 & 330 E. MAIN STREET (LEGALLY DESCRIBED IN EXHIBIT A TO THIS RESOLUTION), CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel IDs: 2737-073-21-001 & 2737-073-21-003 WHEREAS, the Community Development Department received an application for the Hotel Jerome PD (the Application) from Iconic Properties -Jerome, LLC (Applicant), represented by Vann Associates for the following land use review approvals: • Planned Development — Detailed Review, pursuant to Land Use Code Chapter 26.445. • Commercial Design Review - Final, pursuant to Land Use Code Section 26.412. • Major Development - Final for properties listed on the Inventory of Historic Landmark Sites and Structures, pursuant to Land Use Code Section 26.415. WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application — September 8, 2014, as applicable to this Project: and. WHEREAS, the Community Development Department received referral comments from the Aspen Consolidated Sanitation District, City Engineering. Building Department, Fire Protection District. Environmental Health Department. Parks Department, Aspen/Pitkin County Housing Authority, Public Works Department, and the Transportation Department as a result of the Development Review Committee meeting; and, WHEREAS, said referral agencies and the Aspen Community Development Department reviewed the proposed Application and recommended conditions: and. WHEREAS, pursuant to Chapter 26.304.060 of the Land Use Code. the Community Development Director may combine reviews where more than one (l) development approval is being sought simultaneously: and. WHEREAS, all required public noticing was provided as evidenced by an affidavit of public noticing submitted to the record, a summary of public outreach was provided by the applicant to meet the requirements of Land Use Code Section 26.304.035, and the public was provided a thorough and full review of the proposed development: and, WHEREAS, the Historic Preservation Commission reviewed the Application at a duly noticed public hearing on November 30, 2016, continued from October 26. 2016 and November 9, 2016, during which the recommendations of the Community Development Director and RECEPTION#: 634522,12/12/2016 at Hotel Jerorne 09:42:06 AM, 1 OF 9, R $51.00 Doc Code RESOLUTION Resolution No. 3�1, Series of 20 I6 Janice K. Vos Caudill, Pitkin County, CO Page I of 9 comments from the public were heard by the Historic Preservation Commission. and approved with conditions via Resolution No. 34, Series of 2016 by a five to one (5 - 1) vote. NOW, THEREFORE BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Approvals Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City of Aspen Historic Preservation Commission hereby grants the Hotel Jerome Planned Development — Detailed Review. Final Major Development and Final Commercial Design approvals, subject to the conditions of approval as listed herein. The approved dimensions are attached as Exhibit B. 1. The center mullion shall be removed from the ground floor window and transom on the south fagade of the addition. 2. The sliding glass doors on the new addition shall be consolidated to four doors. No other aspect of these doors shall change. 3. The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the issuance date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site-specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of' the approval of a site-specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24. Article 68. Colorado Revised Statutes, pertaining to the following described property: 310 & 330 E. Main Street. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. Hotel Jerome Resolution No. 34. Series of 2016 Page 2 of 9 The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Pursuant to Section 26.445.090.A of the Land Use Code, the Applicant shall submit an approved plan set to the Community Development Department within 180 days of Detailed Review approval that meets the requirements of Section 26.490. Approval Documen/s. The 180 days shall commence upon the issuance of a Development Order. Section 2: Right -of -Way Vacation Plat The Applicant shall record a right-of-way vacation plat that meets the requirements of Land Use Code Section 26.490, Approval Documents. and Municipal Code Title 29, Engineering Design .Standards, within 180 days of final approval. The 180 days shall commence upon the issuance of a Development Order. The plat shall describe and depict the boundary of the vacation including bearings and dimensions with adequate ties to existing monuments to permit accurate legal definition. Section 3: Subdivision/PD Plat and Agreement The Applicant shall submit a Subdivision/PD plat and agreement (hereinafter "Agreement-) for the approved lot merger that meets the requirements of the Land Use Code within 180 days of final approval. The 180 days shall commence upon the issuance of a Development Order. The recordation documents shall be submitted in accordance with the requirements of Section 26.490 Approval Documents of the Land Use Code. a. In accordance in Section 26.490.040. Approval Documents Content and Form, the following plans are required in the Approved Plan Set: 1. Final Commercial and Historic Design Review/ Architectural Character Plan. 2. Planned Development Project and Detail Review Plans. 3. Historic Preservation Plan. 4. Accessibility Plan. 5. Transportation Management Plan. 6. Landscape Character Plan. 7. Vegetation Removal/Protection Plan. 8. Public Infrastructure Plan. 9. Phasing Plan. b. In accordance with Section 26.490.050. Development Agreements, a Development Agreement shall be entered into with the City. c. In accordance with Section 26.490.060. Financial and Site Protection Requirements, the applicant shall provide a site protection guarantee and a site enhancement guarantee. d. In accordance with Section 26.490.070, Performance Guarantees, the following guarantees are required in an amount equal to 150% of the current estimated cost of the improvement: Hotel Jerome Resolution No. 34. Series of 2016 Page 3 of 9 l . Landscape Guarantee. 2. Historic Preservation Guarantee. 3. Public Facilities and Public Infrastructure Guarantee. 4. Storm Water and Drainage Improvements Guarantee. Section 4: Enineerina Department The Applicant's design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department. Drainage: • The project shall meet the Engineering Design Standards (the "EDS") and the Urban Runoff Management Plan (the "URMP''). A full major drainage report and plan that meets UR.MP and EDS must be submitted at building permit that provides for the WQCV and for conveyance of the 100 -yr event from the site to the City of Aspen Stormsewer system. • All Best Management Practices (BMPs) which treat onsite runoff shall be placed entirely within the property boundary. A BMP placed in the right-of-way must have special approval from the City Engineering Department and must treat right-of-way runoff that is tributary to the BMP. • All garage drains shall be tied to the sanitary sewer after being routed through a sand oil separator. • Downspout and onsite storm sewer pipe routing shall be investigated and confirmed prior to building permit issuance. Snow Storage: • A minimum functional area equaling 30% of the paved area shall be provided contiguous to the paved and designed to accommodate snow storage. For heated areas. the functional area can be reduced to 10%. Sidewalk and Curb and Gutter: • All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21 and the Engineering Design Standards adopted by Title 29. • The City right-of-way along Mill Street adjacent to the property shall be brought up to current City standards by incorporating the Mill Street Complete Street design into the project. At building permit. additional survey points and detail shall be incorporated into the applicant Design. Alterations to the Complete Street plan may be necessary to tie into the projects proposed conditions. Construction Management • The plan must include a planned sequence of construction that minimizes construction impacts. The plan shall describe mitigation for parking, staging/encroachments, and truck traffic. Section 5: Fire Mitigation All codes adopted by the Aspen Fire Protection District shall be met. subject to review and approval by the Fire Marshall. Hotel Jerome Resolution No. 34. Series of 2016 Page 4 of 9 Section 6: Parks Department Tree removal permits are required prior to issuance of a building permit for any demolition or significant site work. Mitigation for removals must be met by paying cash in lieu, planting on site, or a combination of both, pursuant to Chapter 13.20 of the City Municipal Code. Silva cells are required in both the Mill Street and Main Street rights -of way. Irrigation is required for each tree. Permeable pavers are acceptable in the City right-of-way, but may require a concrete edge around tree wells. "free grates will require break away design for future tree growth. Minimum 30" good soil required for tree wells. Electric power connections/stations need to be outside of root balls of trees. Street tree variety must be Norway Maple (Emerald Queen). Final landscape planting list to be approved by the City Forester prior to recordation of final plan set. Section 7: Aspen Consolidated Sanitation District Requirements Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. The applicant shall fund the relocation of the manhole due to the vacation of the alley ROW behind the old Aspen Times building. ACSD will review the approved Drainage plans to assure that clear water connections (roof. foundation, perimeter, patio drains) are not connected to the sanitary sewer system. On-site utility plans require approval by ACSD. Oil and Grease interceptors (NOT traps) are required for all food processing establishments. Locations of food processing shall be identified prior to building permit. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. • Driveway entrance drains must drain to drywells. • Elevator shafts drains must flow thru o/s interceptor Old service line connections must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Subject to the provisions of the final plat, permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Hotel Jerome Resolution No. 34, Series of 2016 Page 5 of 9 All ACSD fees must be paid prior to the issuance of building permit. Where additional development would produce flows that would exceed the planned reserve capacity of the existing system (collection system and or treatment system) an additional proportionate fee will be assessed to eliminate the downstream collection system or treatment capacity constraint. Additional proportionate fees would be collected over time from all development in the area of concern in order to fund the improvements needed. Where additional development would produce flows that would overwhelm the planned capacity of the existing collection system and or treatment facility, the development will be assessed fees to cover the costs of replacing the entire portion of the system that would be overwhelmed. The District would fund the costs of constructing reserve capacity in the area of concern (only for the material cost difference for larger line). The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. The applicant's engineer must furnish average and peak flows as well as service size for both buildings prior to final design. The applicant will need to provide plans showing that the pool drain sizes conform to district regulations. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. Section 8: Environmental Health Department The Applicants shall obtain Special Review approval from the Environmental Health Department in accordance with Municipal Code Chapter 12.10 in order to eliminate the trash/recycle area required for the new construction, prior to issuance of building permit. Section 9: Water/Utilities Department The Applicants shall comply with the City of Aspen Water System Standards. with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. All Water System Distribution standards in place at the time of building permit shall apply, and all tap fees will be assessed per applicable codes and standards. Utility placement and design shall meet adopted City of Aspen standards. Section 10: Outdoor Lighting and Signage All outdoor lighting and all signage shall meet the requirements of the Aspen Municipal Code. The Main Street fagade of the Aspen "Times building shall include the existing signage. This signage is exempt from sign allotment calculations. All other signage shall be approved pursuant to the Land Use Code in effect at the time of application for a sign permit. Hotel Jerome Resolution No. 34, Series of 2016 Page 6 of 9 Section 11: Buildine Department All applicable building and accessibility codes in place at the time of building permit shall be met. Section 12: TIA At building permit, the applicant will mitigate for the 1.4 new vehicle trips per day calculated to be generated by this project. The methodology will be reviewed and approved by the City Engineering Department and Transportation Department. Section 13: Prior Apnrovals All prior land use approvals or conditions of approval associated with the subject properties that have not been specifically modified through this approval shall remain in full force and etTect. Section 14• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission or the Aspen City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 15: This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 16: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed and approved this 30'h day of November, 2016. Appr ed a form: Andra an, Assistant t Attorney Attest: i el L 4,6 4 7 - zu— �L''tt_,,.J Kathy Strickland, Deputy City Clerk Attachments: Exhibit A: Legal Descriplions Exhibit B: Approved Dimensions A roved as to content Willis Pernber, Chair Hotel Jerome Resolution No. 34. Series of 2016 Page 7 of 9 Exhibit A — Legal Descriptions 310 E. Main Street — All of Lot M. the west ten (10) feet of Lot N. and the east one-half of Lot L. the said east one-half of Lot L being more particularly described as follows: that portion of Lot L lying easterly of a line drawn parallel with the side lines of Lot L and equidistant therefrom and extending to the end lines of said lot: all of said property being in Block 79, City and Townsite of Aspen. 330 E. Main Street — A parcel of land situated in the City and Townsite of Aspen, Colorado. being all of Lots A. B, C, D, E, F, G. H, I, O, P. Q, R, S, and the East 20.00 feet of Lot N. all in Block 79, together with the East 170.00 feet of the Alley in said Block 79. Vacated by Ordinance No. 1 (Series of 1951) of the City of Aspen, Colorado, according to the Hotel Jerome Lot Line Adjustment and Subdivision Exemption plat filed June 12, 1991 at Reception No. 331521, in Plat Book 26 at Page 52. Hotel Jerome Resolution No. 3d. Series of 2016 Pate 8 of 9 Exhibit B — Approved Dimensions Dimensions Approved Minimum (gross) lot size 54,372 sf Maximum height Aspen Times— 16' (21'6' false front) New lodge structure — 33'6" at the Main St. sidewalk Hotel Jerome — 54'6" for existing development Minimum floor height Aspen Times — 11'3" first floor New lodge structure — 107' first floor floor -to -floor 9' upper floors floor -to -ceiling Cumulative FARC 2.5:1 or 123,149 sf Commercial FARC 0.46:1 or 22,833 sf Lodge FARC 2.03:1 or 100,316 sf Average lodge unit size 572 sf Maximum lodge unit size 2,079 sf (for 2 units in new structure) Commercial net leasable 20,680 sf Lodge net livable 58.278 sf Lodge units/keys/bedrooms 96/102/102 Public Amenityt 9.185 sf (18.6%) Minimum off-street parking spaces 47 FAR and Public Ameniacalculated based on a net lot size of 49,304 square teet. Hotel Jerome Resolution No. 34, Series of 2016 Page 9 of 9 EXHIBIT DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, 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. Iconic Properties -Jerome, LLC, 1375 Enclave Parkway, Houston, TX 77077 Property Owner's Name, Mailing Address 310 E. Main Street — All of Lot M, the west ten (10) feet of Lot N. and the east one-half of Lot L, the said east one-half of Lot L being more particularly described as follows: that portion of Lot L tyro easterly of a line drawn parallel with the side lines of Lot L and equidistant therefrom and extending to the end lines of said lot, all of said property being in Block 79, City and Townsite of Aspen Parcel ID #2737-073-21-001 330 E. Main Street — 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 Cfty 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. Parcel ID #2737-073-21-003. Legal Description and Street Address of Subject Property The applicant has received approval to renovate the existing Aspen Times building, construct a new addition, renovate the existing courtyard, and reconfigure some lodge rooms and amenities in the existing Hotel Jerome. Written Description of the Site -Specific Plan and/or Attachment Describing Plan Planned Development— Detailed Review, Final Maior Development Review, Final Commercial. Design Review approvals by the Historic Preservation Commission via Resolution No. 34, Series of 2016. Land Use Approvals) Received and Dates (Attach Final Ordinances or Resolutions) December 8 2016. Effective Date of Development Order (Same as date of publication of notice of approval.) December 9. 2019. Expiration Date of Development Order (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 2nd day of December, 2016, by the City of Aspen Community Development Director. J4ssi4 Garrow, C�+munity Development Director