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The Canyons has more problems


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#1 truckintr

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Posted 03 August 2006 - 10:00 AM

http://www.parkrecor...ines/ci_4122597

The beginning of the end i do believe.

Quote

Wolf Mountain, American Skiing Co. entwined in more legal wrangling
Griswold confident judge would find ASC in default
Patrick Parkinson, Of the Record staff



The future of Park City's largest ski resort appears in jeopardy as landowners squabble over who must do what, before construction of a golf course at The Canyons can begin.

Officials at the fledgling four-season resort are counting on 18 holes making The Canyons American Skiing Company's crown jewel.

But since ASC, parent company to The Canyons, leased property from Wolf Mountain Resorts managing partner Kenny Griswold to form the resort in the late 1990s, the publicly traded company has lost nearly $600 million, an attorney for Griswold claimed during a recent court hearing.

The price of ASC stock has fallen from $20 to around 17 cents per share, Griswold said about the company's "monumental collapse."

"When you get de-listed from the stock exchange and you are now a penny stock, you are not playing in the big leagues anymore," said Griswold, former operator of Wolf Mountain Resort who owns much of the ski slopes and developable land at The Canyons.

Meanwhile, officials at Park City-based American Skiing, who operate eight resorts in North America, have considered selling perhaps the company's most visible property:

Steamboat Ski Resort in Colorado.

With apparent attempts to liquidate assets underway at ASC, Griswold says he is losing faith the company will ever fulfill its commitments to construct a golf course in the Snyderville Basin.

American Skiing Company, Griswold and roughly 20 other landowners agreed in 1999 to provide land and easements for construction of the course at The Canyons.

"It was a cooperative effort that [Wolf Mountain] participated in," said Tim Vetter, a vice president at The Canyons, who added that Griswold is the only property owner who has not provided land for the golf course in escrow. "We have made huge strides and right now we have one party that has not come to the table and [Wolf Mountain] is in default with the county."

But as the resort's master developer, ASC defaulted on the development agreement when the company failed to complete the course in 2002 as required by the contract, Griswold said.

"Not only is it not finished, it hasn't even started," he added. "American Skiing Company went through a financial crisis and they were trying to stay alive and stay out of bankruptcy. The golf course was certainly not a primary priority."

But Griswold was the one recently issued a default notice by the Summit County Commission that alleges Wolf Mountain has failed to fulfill its obligations to the golf course, Vetter said, adding, "to me, that's very telling."

"I don't believe that Wolf Mountain has actually given anything yet," said Joanne Nadalin, director of The Canyons Resort Village Management Association (RVMA). "That's probably why the county has issued notice of default and authorized litigation (against Wolf Mountain)."

The RVMA is an organization made up of landowners at the resort that helps oversee development of the golf course.

"It's going to require Kenny and his people and his lawyers all to agree to do the right thing, then there will be no need for the Board of County Commissioners to make a tough decision about telling me to go to court," Summit County Attorney David Brickey said about the notice of default.

Griswold, however, insists Wolf Mountain has offered to provide more property for construction of the course than the development agreement requires.

"We were overly generous," he said. "What we will not be is bullied by either American Skiing Company or the RVMA."

Vetter countered, "nobody is bullying Wolf Mountain in this process."

A lawsuit filed by Wolf Mountain against the RVMA last week asks Third District Court Judge Bruce Lubeck to determine the obligations of each party as defined by the 1999 Canyons Specially Planned Area (SPA) development agreement.

"If all of us would stop pointing the finger at one another and come together as an integrated resort only good things will happen," Griswold said. "Otherwise, the courts will decide exactly who is responsible to do what, and that, I'm very comfortable with as well."

According to Griswold's 14-page complaint filed July 25, "The landowners have never granted an extension of time to complete the golf course, nor have they released the RVMA or [ASC] from their obligation to construct the golf course by 2002."

Redesigns of the golf course have altered the impacts envisioned in the 1999 agreement and were not authorized by landowners at The Canyons as required by the contract, Griswold claims in the complaint.

"The golf course evolved through this process which Wolf has been a part of," Vetter explained. "Some of the changes came from Wolf Mountain."

Meanwhile, Griswold countered a comment this week made recently by Vetter, who told The Park Record Griswold might have an "ulterior motive" for stalling construction of the course.

"That was a low blow," Griswold said. "If you want to suggest that I have an ulterior motive to help to prevent [ASC] from filing bankruptcy, yes. If my ulterior motive is (for ASC) to keep their word on our contract that they've signed, yes."


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#2 Lift Dinosaur

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Posted 03 August 2006 - 04:01 PM

This isn't more problems, it's just a spin of the same old problem. Please don't get your "panties in a bundle" or your "hopes for free extreme skiing" aligned with the stars.
This political posturing is common when these things happens.
Canyons will be operating next year "as normal", and a bunch of attorneys will buy new M3 Beemers.
"Things turn out best for the people that make the best of the way things turn out." A.L.

#3 skier14

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Posted 03 August 2006 - 07:45 PM

As much as i hate ASC I have to side with them. Mr Griswold should have defaulted when the golf course wasnt completed or even started in 2002. So now after ASC has done huge improvements to that sad excuse of a resort(Wolf MT/Park West) and has made it a world class resort. Mr Griswold just wants to take over now that all the hard and expensive work has been done by ASC.

#4 floridaskier

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Posted 04 August 2006 - 04:10 AM

What if Griswold and Wolf Mountain win in court? Would they take back control of the resort? I find it pretty hard to believe that ASC could lose The Canyons over an issue that happened 4 years ago. Why are they just now bringing it up? The Canyons hasn't changed too much from 2002 to now
- Tyler
West Palm Beach, FL - elev. 9 feet

#5 sphrrt

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Posted 04 August 2006 - 05:49 AM

To my recollection the golf course was essentially the major 'public benefit' that ASC/Wolf Mtn were required to provide as part of their SPA (specially planned area) agreement from back when ASC first bought in, which allowed for all the density in the base area where the Grand Summit etc. are now located. As our county isn't anywhere near as organized as the town of Park City is, I guess they didn't require a completion bond for the golf course, so now we have a good chunk of the buildings that were approved in the SPA built and occupied without the big public benefit basically since noone has a stake in making sure it gets built. Well, that is until the county started up the legal process recently... the county as you can read in the article is coming after Griswold which pretty much forced his hand in going after ASC. I have the feeling this could bounce around in the courts for awhile as there are so many different landowners involved over there beyond just those two, but I still don't see the resort being forced to shut down or anything that drastic (at least I hope not)!

#6 Powdr

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Posted 10 August 2006 - 07:05 AM

Did anyone else read the Park Record article (link not available) about Vail Resorts looking into operating The Canyons, should Wolf Mountain wrest control from ASC? A long shot in my opinion, but interesting.

Powdr

This post has been edited by Powdr: 10 August 2006 - 07:06 AM


#7 sphrrt

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Posted 10 August 2006 - 07:55 AM

Pure posturing... why would Vail even think about getting into the mess that is brewing there and even more, why would Talisker want to get into competition with themselves? KYA for KG.

#8 okemopoma

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Posted 10 August 2006 - 09:14 AM

Ha, see? ASC should not have backed out of the Steamboat sale last time they tried to sell it.

The legend of Les Otten continues.....

I would say ASC is and always has been the worst company to work for in the whole ski industry.

Anyone dissagree with that statement??
At the top of the mountain, we are all Snow Leopards. - Dr. Hunter S. Thompson

#9 floridaskier

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Posted 12 August 2006 - 02:51 PM

The Park Record is reporting that Griswold is in talks with Vail to operate The Canyons if Wolf Mountain gets control of the resort back
http://parkrecord.co...ines/ci_4162596

Edit: Vail insists they never talked to Griswold about anything
http://www.parkrecor...ines/ci_4169628

This post has been edited by floridaskier: 12 August 2006 - 02:57 PM

- Tyler
West Palm Beach, FL - elev. 9 feet

#10 palindrome

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Posted 12 August 2006 - 08:29 PM

..... When will ASC (AESK.OB) stock sell for more than the 20 cent range a share? When will it go to the big boards (from 'over-the-counter')? ..... Good time to buy or not? Something has to happen here.

#11 yetigonecrazy

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Posted 12 August 2006 - 09:01 PM

vail can barely manage to control all their resorts as is, addinjg one with as much baggage as the canyons would be economic suicide in their already precarious position

#12 SkiBachelor

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Posted 13 August 2006 - 10:43 AM

View Postyetigonecrazy, on Aug 12 2006, 10:01 PM, said:

vail can barely manage to control all their resorts as is, addinjg one with as much baggage as the canyons would be economic suicide in their already precarious position


I'm just curious, but how do you know that's true? I haven't seen Vail struggle at all to run its resorts and Heavenly has become quite popular ever since Vail Resorts bought it. Sure there were some slow downs installing some new lifts, but you have to wait for approval first before you can start building. Also, most of Vail's resorts are right next to each other which makes them easier to manage.
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#13 vons

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Posted 13 August 2006 - 03:34 PM

Vail resort is doing fairly well from what I have read and heard. I don't call 5 detachable chairs and two gondolas not reinvesting even though it is not at vail mountain. Right now Vail resorts is building out a ton of real estate in Vail most won't be campleted till next spring. I expect more mountain improvments after lionshead is back together. The idea of Vail going after the Canyons is not far fetched I would help insulate them from local snow droughts in Colorado, Heavenly has proved usefull for this perpouse. The issue is the price in both cash and legal mess.

#14 Lift Dinosaur

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Posted 13 August 2006 - 06:03 PM

View Postyetigonecrazy, on Aug 12 2006, 11:01 PM, said:

vail can barely manage to control all their resorts as is, addinjg one with as much baggage as the canyons would be economic suicide in their already precarious position

Yeti - I agree with the 2 previous posts - your info is bad. Vail is doing quite well - all of their resorts had a great year and their stock is up!
"Things turn out best for the people that make the best of the way things turn out." A.L.

#15 coskibum

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Posted 13 August 2006 - 06:55 PM

yea, beaver creek has installed 5 express lifts in like 4 years...not to mention what they've done at breck and at the base of lionshead. vail also saw quite a few lift upgrades back in the late 1990's including blue sky, the gondola, golden peak, and tea cup.

#16 floridaskier

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Posted 23 August 2006 - 12:15 PM

The county wants Griswold to turn over his land to the resort

http://www.parkrecor...ines/ci_4185766
- Tyler
West Palm Beach, FL - elev. 9 feet

#17 Powdr

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Posted 24 August 2006 - 02:13 PM

And now the Osgathorpes are sueing Griswold for non-payment and unauthorized use of their land (subleased to Canyons). What a mess.





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