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Park City/Talisker-Vail Lawsuit

thetrailboss

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PCMR is still confident that they are going to open:

Park City Mountain Resort is confident it will operate business as usual for the 2013-14 season, its 50th anniversary. Talisker Land Holdings, its landlord, has stated publicly numerous times that it will not interfere with Park City Mountain Resort’s ability to operate. In the unlikely event the Resort is forced to close for the 2013-14 season, the Resort will refund the full season pass price paid by holders of 2013-2014 season passes. If the Resort is forced to close for a portion of the 2013-2014 season, the Resort will prorate the refund based on the period the Resort is closed.

http://www.sltrib.com/sltrib/news/56798697-78/pcmr-eviction-notice-park.html.csp
 
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jimmywilson69

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Interesting...

So if Canyons and PCMR were 1 large resort. Would it be the largest resort in SLC? That's very much Vail's MO...
 

thetrailboss

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Interesting...

So if Canyons and PCMR were 1 large resort. Would it be the largest resort in SLC? That's very much Vail's MO...

Yep to both.

Canyons is already the largest resort acreage-wise.

Vail was pretty upset in 2007-2008 when they lost the bid for the Canyons to Talisker. Now they are pretty eager to run the place. In May when they announced the lease of the Canyons, Vail was not shy to say that the deal included the Ski-Link Project and this lawsuit against PCMR. Vail took over the case and apparently is being very aggressive.
 

drjeff

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Interesting...

So if Canyons and PCMR were 1 large resort. Would it be the largest resort in SLC? That's very much Vail's MO...

Yes, and considering that by all accounts Talisker has a very good working relationship with Deer Valley (Talisker has done a great deal of the housing and hotel development at Deer Valley) if the Deer Valley snowboarding stance was changed, you could easily have all 3 Park City area resorts connected with out much effort
 

thetrailboss

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Yes, and considering that by all accounts Talisker has a very good working relationship with Deer Valley (Talisker has done a great deal of the housing and hotel development at Deer Valley) if the Deer Valley snowboarding stance was changed, you could easily have all 3 Park City area resorts connected with out much effort

I think it's fair to say that there will never be any snowboarding at Deer Valley...as long as Edgar Stern's family/heirs own the majority of the place. He apparently has it written into the corporation documents that if the company decides to allow snowboards then they have to buy his interest in the company.

I also think it's fair to say that Canyons may eventually get PCMR but they will probably never get Deer Valley. Deer Valley is independent.
 

ScottySkis

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I think it's fair to say that there will never be any snowboarding at Deer Valley...as long as Edgar Stern's family/heirs own the majority of the place. He apparently has it written into the corporation documents that if the company decides to allow snowboards then they have to buy his interest in the company.

I seriously don't understand why. They don't want to make more money. Alta to I don't get it.
 

thetrailboss

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I think it's fair to say that there will never be any snowboarding at Deer Valley...as long as Edgar Stern's family/heirs own the majority of the place. He apparently has it written into the corporation documents that if the company decides to allow snowboards then they have to buy his interest in the company.

I seriously don't understand why. They don't want to make more money. Alta to I don't get it.

Deer Valley: Edgar Stern wanted a classic ski experience and his main clientele do not snowboard anyway. That's why. They'd tell you also that they make more money without snowboarders than with them just because of how they run the place and who they cater to.

Alta: they say a similar thing--they have always been a ski area and always want to be one.

MRG: you hear two stories. One being that the single chair was a problem for boarders. The other that Betsy Pratt had a run-in with snowboarders at the local grocery store and decided that she did not want to cater to them.

Taos used to be skier only, but is now allowing boarders.
 

steamboat1

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Vail pledges not to interfere with PCMR during upcoming ski season
Jay Hamburger THE PARK RECORD
Posted: 08/29/2013 05:08:51 PM MDT

Vail Resorts on Thursday afternoon said in a prepared statement there is no intention on its side to interfere with Park City Mountain Resort's operations during the upcoming ski season, a position that will be welcomed as the community begins to prepare for the winter.
The Colorado-based firm issued the statement during a week of rising tensions in a lawsuit between PCMR and a firm under the Talisker Corporation umbrella centered on a contention that the resort's lease of Talisker Corporation land expired in 2011. The Talisker Corporation side on Wednesday served PCMR with a notice to leave the premises, which is essentially an eviction notice.
Vail Resorts is overseeing the lawsuit for the Talisker Corporation side as a part of an agreement to lease and operate Canyons Resort.
The prepared statement is a rare comment from Vail Resorts about the case. It is attributed to Kelly Ladyga, the vice president of corporate communications for Vail Resorts. It follows:
"As we have previously stated, under the terms of our agreement with Talisker in connection with our lease of the Canyons, we have assumed oversight of the litigation between Talisker Land Holdings LLC and Park City Mountain Resort. We have an obligation to protect and preserve Talisker's and our interest in this matter. We are concerned with the behavior that Park City Mountain Resort has demonstrated in this situation. Talisker issued Park City Mountain Resort the Notice to Quit as a necessary legal step to bring this issue to the Court and we anticipate that there will be a number of actions required to bring this dispute to closure. With that said, there is no intent by Talisker to take any action that would prevent PCMR's ability to operate their resort during the upcoming 2013-2014 ski season. We are very cognizant of the importance of this situation to the entire Park City community and we look forward to bringing this situation and its uncertainty to a conclusion."
 

thetrailboss

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Vail pledges not to interfere with PCMR during upcoming ski season
Jay Hamburger THE PARK RECORD
Posted: 08/29/2013 05:08:51 PM MDT

Vail Resorts on Thursday afternoon said in a prepared statement there is no intention on its side to interfere with Park City Mountain Resort's operations during the upcoming ski season, a position that will be welcomed as the community begins to prepare for the winter.
The Colorado-based firm issued the statement during a week of rising tensions in a lawsuit between PCMR and a firm under the Talisker Corporation umbrella centered on a contention that the resort's lease of Talisker Corporation land expired in 2011. The Talisker Corporation side on Wednesday served PCMR with a notice to leave the premises, which is essentially an eviction notice.
Vail Resorts is overseeing the lawsuit for the Talisker Corporation side as a part of an agreement to lease and operate Canyons Resort.
The prepared statement is a rare comment from Vail Resorts about the case. It is attributed to Kelly Ladyga, the vice president of corporate communications for Vail Resorts. It follows:
"As we have previously stated, under the terms of our agreement with Talisker in connection with our lease of the Canyons, we have assumed oversight of the litigation between Talisker Land Holdings LLC and Park City Mountain Resort. We have an obligation to protect and preserve Talisker's and our interest in this matter. We are concerned with the behavior that Park City Mountain Resort has demonstrated in this situation. Talisker issued Park City Mountain Resort the Notice to Quit as a necessary legal step to bring this issue to the Court and we anticipate that there will be a number of actions required to bring this dispute to closure. With that said, there is no intent by Talisker to take any action that would prevent PCMR's ability to operate their resort during the upcoming 2013-2014 ski season. We are very cognizant of the importance of this situation to the entire Park City community and we look forward to bringing this situation and its uncertainty to a conclusion."


I saw that. They are sending so many mixed messages.
 

jimmywilson69

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They are playing nice because it's almost snow time. Imagine what it would mean to Vail and it's shareholders if all of the sudden PCMR was under Vails umbrella.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
 

wa-loaf

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I saw that. They are sending so many mixed messages.

Sounds like they are just checking off the legal steps they need to make to ultimately boot PCMR off of the land. (or at least get them to pay more for the lease ...)
 

thetrailboss

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Sounds like they are just checking off the legal steps they need to make to ultimately boot PCMR off of the land. (or at least get them to pay more for the lease ...)

It's that, and also that Vail took over the lawsuit this summer, so different folks at the wheel of the effort and they are doing different things.
 

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First Tracks

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If I understand correctly:

Talisker Land Resolution LLC (who owns Vail), issued this to Powdr Corp, who operates Park City on land leased from Talisker. (phew).

Almost, Nick. Powdr Corp does indeed own Park City Mountain Resort (PCMR), but nobody owns Vail other than Vail Resorts. Nevertheless, the whole tale is far more convoluted, so I can't fault anyone for getting some of the details wrong.

Talisker Land Resolution is a division of Toronto-based Talisker Corp. Talisker Corp. owns a number of commercial real estate holdings, including Canyons Resort in Utah and a number of residential subdivisions in the Park City area. United Park City Mines owns the land upon which most of PCMR operates. That land is leased to Powdr via an agreement first executed in the 1960s with PCMR's former owner, and which was up for renewal in 2011. Powdr acquired the lease when it bought PCMR in 1994. In 2007, Talisker Land purchased United Park City Mines, and thus also acquired that lease with Powdr for PCMR's land.

However, Powdr Corp officials allegedly failed to provide timely notification to Talisker Land of their intention to renew the lease in 2011. Had they done so, the original lease would have been renewed for a couple of more decades at its original terms: $155,000 per year. Powdr maintains that was a technicality, and after Talisker Land's efforts to renegotiate the terms of the annual lease broke down, Powdr filed suit in Utah District Court against Talisker (see http://www.firsttracksonline.com/2012/03/12/park-city-mountain-resort-canyons-lawsuit-lease/). The only reason that Talisker was able to enter into negotiations regarding the lease's terms was because Powdr failed to renew it timely. I'd hate to have been the Powdr employee who blew that deadline!

Meanwhile, as that lawsuit is still pending, Talisker Corp. reached an agreement in May to allow Vail Resorts to operate Canyons under a long-term lease (see http://www.firsttracksonline.com/2013/05/29/vail-resorts-to-operate-utahs-canyons/). One of the provisions of the lease between Talisker and Vail Resorts allows VR to include the lease between Talisker Land and Powdr as part of its own lease agreement with Talisker to operate Canyons, without any additional consideration. That would allow VR to take Talisker's place in the pending litigation. Clearly this was a big carrot to entice VR to enter into the lease agreement to operate Canyons; if Talisker (or by succession VR) prevails in the pending litigation with Powdr, they get to operate PCMR, too.

The current Notice to Quit (in essence, an eviction notice) is Talisker (and by inference VR) lobbing its latest shell at Powdr over PCMR. I expect that to lead to a separate lawsuit to attempt to evict Powdr from PCMR.

Did anyone actually follow all of that?
 

drjeff

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Almost, Nick. Powdr Corp does indeed own Park City Mountain Resort (PCMR), but nobody owns Vail other than Vail Resorts. Nevertheless, the whole tale is far more convoluted, so I can't fault anyone for getting some of the details wrong.

Talisker Land Resolution is a division of Toronto-based Talisker Corp. Talisker Corp. owns a number of commercial real estate holdings, including Canyons Resort in Utah and a number of residential subdivisions in the Park City area. United Park City Mines owns the land upon which most of PCMR operates. That land is leased to Powdr via an agreement first executed in the 1960s with PCMR's former owner, and which was up for renewal in 2011. Powdr acquired the lease when it bought PCMR in 1994. In 2007, Talisker Land purchased United Park City Mines, and thus also acquired that lease with Powdr for PCMR's land.

However, Powdr Corp officials allegedly failed to provide timely notification to Talisker Land of their intention to renew the lease in 2011. Had they done so, the original lease would have been renewed for a couple of more decades at its original terms: $155,000 per year. Powdr maintains that was a technicality, and after Talisker Land's efforts to renegotiate the terms of the annual lease broke down, Powdr filed suit in Utah District Court against Talisker (see http://www.firsttracksonline.com/2012/03/12/park-city-mountain-resort-canyons-lawsuit-lease/). The only reason that Talisker was able to enter into negotiations regarding the lease's terms was because Powdr failed to renew it timely. I'd hate to have been the Powdr employee who blew that deadline!

Meanwhile, as that lawsuit is still pending, Talisker Corp. reached an agreement in May to allow Vail Resorts to operate Canyons under a long-term lease (see http://www.firsttracksonline.com/2013/05/29/vail-resorts-to-operate-utahs-canyons/). One of the provisions of the lease between Talisker and Vail Resorts allows VR to include the lease between Talisker Land and Powdr as part of its own lease agreement with Talisker to operate Canyons, without any additional consideration. That would allow VR to take Talisker's place in the pending litigation. Clearly this was a big carrot to entice VR to enter into the lease agreement to operate Canyons; if Talisker (or by succession VR) prevails in the pending litigation with Powdr, they get to operate PCMR, too.

The current Notice to Quit (in essence, an eviction notice) is Talisker (and by inference VR) lobbing its latest shell at Powdr over PCMR. I expect that to lead to a separate lawsuit to attempt to evict Powdr from PCMR.

Did anyone actually follow all of that?

Let's see, The Canyons is still The Canyons, unless it becomes Vail at The Canyons or maybe Vailyons if the folks that sell the Epic Pass want it to be that way ;) And PCMR will still be PCMR unless it becomes Park City Vail Resort which then could become The Canyons at Park City Vail Resort or maybe just Vail, UT and then who knows who will really run the joint all because someone a few years ago forgot to drop a letter in the mail saying "I don't want to leave!" :)

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