Author Archives: Jill Adler

Judge Tells PCMR To Pay $17.5 Million Bond

 

 

Oh Joy! We get to wait…again. It wouldn’t be a telenovela without a cliffhanger and the lawsuit between Park City Mountain Resort and Talisker Landholding LLC. wouldn’t be the biggest eviction case in the history of Utah without yet another delay.

Judge Ryan Harris ruled in 3rd District Court of Summit County this afternoon that PCMR will need to post a $17.5 million dollar bond if they wanted to operate this 2014/15 ski season. Instead of writing a check, paying, or filing for a surety bond right then and there, PCMR has a week to decide what they will do. “We need to post or advise the court [that they won’t be posting a bond],” said PCMR attorney Alan Sullivan. “We’re hopeful that there will be a ski season. That’s our objective. I will confer with my clients and comply with the court’s deadline.” Sullivan tap-danced around the questions of whether they would put up the bond and what he thinks of the judge’s decision.

The bond amount was tied to an estimate of PCMR’s annual rent but the two sides have been feuding (and mediating) over what that figure should be. Harris stipulated that none of his math is factual and that ultimate figures would be determined by factfinders such as an appellate judge, the jury or the parties themselves.

“The plaintiffs don’t have a right to remain on the land for free,” said Harris. The stay on his eviction is conditioned on the bond- an amount that should cover actual damages over the next ski season. He stated that the bond amount would include treble the damages as common in other landlord/tenant cases. “The amount is not punitive,” he said. “It exists to encourage a recalcitrant holdover tenant to vacate.”

As to the actual bond amount that PCMR needs to pay, it fell closer to what PCMR had proposed at last week’s hearing; an amount significantly less than Talisker’s $124 million request. The Judge said determining a value for the bond was “a difficult thing to do in this case.” He had to make a guesstimate as to the value of the PCMR land that Talisker owns then calculate what the rent would be based on that figure.

“Ski property doesn’t grow on trees,” said Harris. “[PCMR] is unique in and of itself.” He said you would need to determine what the property would lease for on the open market and factor in that the base and ski hill are divided. “The bond doesn’t need to be big enough so that the defendant can collect on the entire judgment. It only needs to cover damages that occur in the future as result of the plaintiff remaining on the property,” explained Harris.

With that said, he started with the $57.8 million value Vail proposed in their federal filings for the fair market value of the land then multiplied it by a capitalization rate of 10 percent to arrive at a rental price of $5.2 million per year. He then tripled that and included prejudgment interest and attorneys fee and ruled that PCMR needs to pay $17.5 million by next Friday or vacate.

He included a provision to extend the bond for another year to “make sure we don’t wind up back here. This is a ski town and folks need to know what’s going to happen.” The bond will remain in effect until April 30, 2015, and PCMR may extend the stay on the eviction to April 2016, if they pay an additional $19 million bond by March 2, 2015. “At some point the case will become final and we’ll need to discuss the posting of an appellate bond and that would be a much bigger amount than I am requiring now,” said Harris. “We’ll take this on a season by season basis until the case becomes final.”

The Judge also scheduled a telephone conference for 10:30 a.m. on September 30 to discuss a date for the appeal and whether PCMR still wants a jury trial. Let’s just hope that PCMR marked those dates in their calendar with a Sharpie this time.

Still No Decision In The PCMR/Vail Resorts Battle

“No news is good news” was definitely not what the anxious crowd at today’s hearing in Park City wanted to hear. But it’s about the only thing that anyone could say to sum up the latest in the Talisker/Vail Resorts/Park City Mountain Resort drama. After nearly four hours of back and forth, and private chamber meetings with attorneys, Judge Ryan Harris stepped back into his courtroom after lunch to announce that he wasn’t ready to make a decision.

Attorneys for both sides spent the morning making their case for a bond amount that would allow PCMR to open this season. PCMR has already threatened to take their toys and go home if the figure comes back too high. The dollar amount would encompass back rent from 2011 when PCMR failed to renew their lease as well rent for this season. Talisker is arguing for $123 million for the last three years and two future years (including damages) while PCMR said the fee should be based on fair market value; somewhere between $1-6.5 million per year.

PCMR argued that rent should be determined by what a landlord can get and not by what the tenant could potentially earn. The hearing revealed that Robert Katz has made an outright offer of $100 million for PCMR’s property but PCMR’s John Cumming called it ‘lowball’.

Neither Cumming nor Vail Resorts’ Rob Katz made it to the courtroom. Some speculate they were somewhere else continuing mediation. The talks were set to expire August 24 before the August 27 hearing but both sides requested to extend the mediation through this Friday. It makes sense that the Judge would want to wait until after mediation to rule. Perhaps the sides can come to a more amicable agreement on their own? Plus, he’s cautious about angering either side as the ultimate victim will be the Park City community should PCMR leave Talisker and Vail with nothing but a sheep pasture.

Court will reconvene September 3 at 1 p.m.

Summer Escape: Bend, Oregon, Beckons Outdoorlovers

photo courtesy of Visit Bend

Talk about your last minute roadtrips! Can you say deciding to leave today, yesterday? Not only am I missing Sage’s first day of school this Monday (BAD MOMMY!) but her moment in the spotlight as she plays the role of “The Daughter” in Dr. Holiday on Sunday. But I have to go. It’s my last hurrah of the summer as well and, well, Ryan has things covered – despite his reluctance. He’s awesome. I couldn’t ask for a better partner. Seriously. We’re going on 12 years in April and he’s always there for me. I’m not saying we don’t have our moments but without them I’m pretty sure we wouldn’t have lasted this long.

I digress. My ‘hurrah’. I’m writing a travel piece on Bend, Oregon. I like to say that Bend is for folks who’ve never lived in Park City but my last visit was a summer-long sabbatical in 2002 while escaping from a slightly deranged boyfriend. I’m sure things have changed since then. Bend is a resort haven for Portlandians and Eugeners. With Smith Rock and Mt. Bachelor Ski Area bookending the town and a river running right through their central park, there’s no want for recreation.

Normally, I would begin prepping for a jaunt MUCH sooner than 24 hours but it didn’t come together until now. What can a girl do? SheJumps!


The non-profit org that was established to get girls outdoors is presenting a Women’s Whitewater Kayak course in partnership with Tumalo Creek Kayak and Canoe in Bend, Ore. They’re hosting a complete intro to the sport in just two and a half days. Cait Towse from SheJumps: “This event is going to be a great opportunity for women to get into a sport that often seems intimidating or impossible. With the support of fellow ladies we will empower and inspire each other to push pass our fears and develop skills we couldn’t imagine before. I can’t wait to teach and share this wonderful sport!”

Although I already know how to kayak, I broke my foot last August and prefer my re-entry to include a ton of handholding. The expert female instructors promise a safe, fun experience on the McKenzie or another Class II+ river. We’ll learn critical paddle skills, boat control, how to read moving water, and how to identify and safely negotiate river features like rocks, trees and rapids. I’m also making new friends that might be up for a last minute roadtrip the next time it happens.
Plus, Jack Johnson and Dave Matthews are playing to a sold out crowd this weekend so I’m hoping someone will have a spare ticket.

If you are interested in learning more about SheJumps go to their website. I think there’s still room in the class if you don’t have any plans this weekend. Give them a shout.

Find Your Fall Colors in Uinta National Forest

You can still roast in September in Salt Lake City. Temps have cooled off significantly thanks to the recent rains which leaves you with two reasons to head to the Uintas before it snows. 1) Cool exposed climbing 2) Vibrant fall colors.

The heat of a Utah summer can often linger into October. You can barricade yourself inside, chilling like a lizard in Moab with your A/C cranked or you can hightail it to the Uinta National Forest for hiking, biking, camping and rock climbing among the brilliant reds, yellows, greens of the season.

It was a little past 10 a.m. when we headed northeast through Kamas to Ruth Lake. Mirror Lake Highway had long since thawed and we watched the car’s thermometer tick off the degrees in time with the reception bars on our cellphones. Relief was near. From heat, from life, from civilization. In just about an hour from Park City, we would be hiking the wilderness and approaches to some of the best climbing routes in the Wasatch and we wouldn’t be able to Tweet about it.

Though the secret of Uinta rock climbing was outed in the early 2000s, with some of the state’s top climbers erecting routes and writing maps for the quartzite and conglomerate walls, it has never been able to eclipse the popular Cottonwood, American Fork and Maple canyons where the stuff of rockstars are formed. But that’s ok. It just means that on any given day from June to October we’re not standing in line waiting for a route or forced to go elsewhere because of crowding.

It’s a 20-minute hike to the crag from the pullout; enough to summon a sweat but it pays to wear long layers and close-toed shoes from the car to the rock as the fall weather can change from sun to storm before your gum loses flavor.

We chose Ruth Lake because it’s in the shade all day. But on cooler days the southfacing Stone Garden is a better choice for climbing from sunrise to 8 p.m. There are at least 20 developed climbing areas that both sport and traditional climbers linger over. You could spend the entire summer exploring the forest and it wouldn’t put a dent in the list of routes rated from 5.6 to 5.12.

Uinta Rock by Nathan Smith and Paul Tusting was published in 2004 and still stands as the only area-specific climbing guide for the Uintas. However, the number of routes has doubled since then. If you’re ‘connected’ in the climbing world you can probably get your hands on a homemade topo map with the new routes marked, or simply ask around for insiders’ tips. White Pine Touring and Utah Mountain Guides run regular excursions to the area so their people are a valuable resource.

Expert climbers looking for killer problems at 5.13 and above might be bored in the Uintas unless they’re making first ascents but the majority of us take immense pleasure in a 5.9-5.10 bolted sport route. Other good developments for beginners and intermediates are Fehr Lake, Notch Lake and Moosehorn.

I’ve heard the routes in the Uintas called “spicy”. In other words, they are interesting, fun and challenging. I guess you could say, then, that Ruth Lake has six separate walls of various ‘heat’. And there’s no denying the breathtaking panoramas made even more impressive surrounded by fall’s blanket. From over 10,000 feet elevation you can see a vast expanse of pristine mountain lakes, wild flowers, and snow-capped peaks. Plus, unlike climbs in Big and Little, Uinta National Forest isn’t watershed. You can bring your well-behaved dog(s).

My first thought as we hiked the path to Ruth Lake from the parking lot was how I wouldn’t want to be anywhere else on earth. I was with friends, cool, on an adventure, about to get the best upper body workout a girl could want and there was an award-winning berry shake waiting for me at Hi-Mountain when it was all over. The perfect solution to a fading summer in Utah.

 

WHAT TO WEAR

 


Crag Packing

 

When you spend your day 40+ miles away from the closest 7-11 with no cell reception, it pays to pack right. Of course you’ll need the standards like sunscreen, water, lunch and a first-aid kit but for climbing in the Uintas you might want these other essentials.

The Hike In-

You’ll want to wear Outdoor Research Ferrosi Pants on and off the crag. Made of a lightweight, rugged, wind and water-resistant, breathable soft-shell fabric, they stretch as you move and protect and flatter your legs as you shimmy and scramble. Developed for climbers by professional climbers. $75.


 

 

The Lowa Innox GTX mid is a light, comfortable yet solid waterproof hiker built for Utah’s falls. Ideal for fast packing, fitness walking…basically all types of fast-moving adventure. The new NXT sole delivers exceptional stability and an ultra-comfy ride despite the minimalist ‘cush’ underfoot. It does offer strong arch and ankle support for scrabbling over boulders on your way to the route. $210


 

No need to layer up in chillier weather. The Dakine Women’s Tech (LS or SS) is an all-in-one. It’s not only super cute but sports a built-in shelf bra, raglan cut sleeves, flatlock seams for zero chafe and a quick-dry UPF 50+ poly/spandex.

$45


FOR CLIMBING

The Black Diamond Vapor helmet may look like a strange party hat but don’t be fooled. Coming in at about half the weight of other lids, this low-profile, ultra-ventilated helmet has two layers of Kevlar and an internal frame of carbon rods sandwiched in a matrix of expanded polystyrene foam (EPS). It’s CE certified and meant to be a helmet you’ll finally wear all day. $118


Bouldering, cragging, sport climbing. The Five Ten Anasazi VCS was built to get after all of it. The Stealth C4 rubber sole allows for impressive grip on quartzite whether you’re pivoting on a micro edge or smearing for the next hold. $127.

Climbing harnesses are like bad boyfriends. If they hang on you long enough you can’t wait to get rid of them. Luckily for us the Petzl Selena 2 Harness is like a best girlfriend– supportive where you need her and comfortable to be around all day, for years on end. The padded, breathable waist-belt is wider on the sides for optimal weight distribution. The leg loops stretch instead of adjust by buckle and the stealth stitching all help to reduce chafing and enhance fit. $65.


 

It’s a long way from the pullout to the crag and it only takes a few minutes of high altitude sun to a number on your face and shoulders. Wear this uber cute Scrunchie hat with UPF 50+ from Wallaroo. When the helmet’s on just scrunch up the hat and toss it in your pack so it won’t blow away. The shape pops right back when you need it. $44.


Put a Mojo Bar in your pocket when you need that boost to keep you moving. These yummy nut clusters from Clif are gluten-free, organic, under 200 calories, low glycemic, packed with fiber and come in flavors like Cranberry Almond, Wild Blueberry Almond, White Chocolate Macadamia and Dark Chocolate Almond Sea Salt. Mmmmm. $1.49

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