As the hectic pace of the holidays slows down and we get back to dealing with the realities of a new decade, I'd like to discuss several local issues requiring immediate attention.
Not surprisingly, the completion of Base Village rises to the top of the list.
The total silence from the Related Companies over the last few weeks has become ominous and disturbing. Even their local and New York PR flacks have stopped spinning their fantasy tales.
The next shoe to drop for Related will be their inability to close sale contracts on 76 Viceroy Hotel units that were purchased during the height of the speculative real estate market at what are now very inflated purchase prices.
It appears Related's German bankers are not being cooperative or helpful in the closing process. The bankers hold all the cards and I'm convinced the banks are mounting a near-term takeover of Related's interests in Base Village.
Compounding Related and the bankers' problems are the significant number of lawsuits by unhappy purchasers of Viceroy units. I understand the total number of lawsuits filed and soon to be filed is well in excess of 30 and the number is growing weekly. None of the buyers appear interested in closing their sales contracts. They just want out and they want their 15 percent deposits refunded.
Being a mere Hollywood entertainment lawyer, I'm always intrigued when lots of well-heeled unhappy people file similar lawsuits to right their perceived wrongs at the hands of “evil” real estate developers and bankers.
In this case the unhappy purchasers appear to have the backing of federal and state rules and regulations providing for the termination of their purchase contracts and getting back their deposits.
While the rest of you were celebrating the holidays, I spent a few hours reading the legal briefs that have been filed so far by the lawyers for the disgruntled purchasers and Related's high powered legal eagles. In my opinion, the purchasers are on the winning side of this conflict and Related is spending their diminishing resources attempting to create legal fictions which in the face of pretty clear federal and state consumer protection rules and regulations will not stand up in a court of law.
Without any real expectation of collecting the many millions of dollars tied up in these contracts, Related will likely go further into default than they are now, triggering the bankers' takeover.
As I've previously stated, this may be bad for Related but it's likely the remedy we need to get Base Village construction up and running again this spring.
With the bankers in the driver's seat, hopefully they and Skico will come to an expeditious agreement for Skico to takeover and complete the cement skeletons haunting the center of Base Village.
Mike Kaplan, President and CEO of Skico, continually confirms Skico's interest in taking over the completion of these projects and although we've been burned in the past believing and supporting their Base Village commitments, I'm willing to trust their stated objective because it's also in their best self interest to get this project completed and up and running as quickly as possible.
Next on the list is the Viceroy Hotel itself.
As expected, the hotel performed exceptionally well during the holidays, attracting both new and returning guests as well as many local and part-timers from Aspen down to Glenwood Springs and beyond.
It's something about the exceptional service and friendly and welcoming staff as well as all its four-star amenities and high quality 8K restaurant that attracted many of us during the holidays. By the way, the Viceroy Club membership with its 15 percent discount on food, beverage and spa services takes a lot of pain out of handing over your credit card at the end of each visit.
A couple of elements, however, need immediate attention.
First, some culinary hot shot decided to put salt in the pepper shakers and pepper in the salt shakers. This is Snowmass not Paris or New York City. Let's put these things back in their rightful and historic place.
A much bigger problem requiring major correction is the lack of a kitchen at the Nest, the casual hotel restaurant just off Assay Hill.
This space was originally planned as a business center, thus no kitchen. Imagine the havoc this causes when a bunch of hungry kids and adults stop by for lunch and there are no kid friendly foods on the menu and very limited ability to deliver those items that are on the menu.
Both the Viceroy and the town must fast track approval and construction of an adjoining kitchen. My sources tell me this is easily corrected. So guys, let's start the wheels turning quickly.
Unfortunately, the rest of Base Village is an embarrassing and messy tangle of lawsuits, foreclosures and unsatisfied construction and creditor liens which until corrected will keep Base Village from achieving its intended goal of attracting new and returning resort guests in order to grow and sustain our resort-based economy.
If Skico quickly negotiates its way back into the project, we can begin achieving our original vision agreed to with Skico before they got mesmerized by Related's nearly $170 million-dollar offer to purchase the Base Village Development Rights and lots of big promises from Pat Smith and Related's spinmeisters.
On a closing note, I'd like to suggest that all part-time residents make an effort in 2010 to get involved in the community by joining one or more town advisory boards and community and Valley based non-profits. All these boards and organizations are eager to utilize our part-time residents' vast stores of creative and professional expertise.
If you'd like a suggestion as to where you might best fit, don't hesitate to contact me or any other members of the Part-Time Residents Advisory Board. Our contact information is listed on the Town's Web site at www.tosv.com.
If you want to chat or chastise me, I'm a regular at Fuel and the Daly Bottle Shop or you can e-mail me at secondview@earthlink.net.
Not surprisingly, the completion of Base Village rises to the top of the list.
The total silence from the Related Companies over the last few weeks has become ominous and disturbing. Even their local and New York PR flacks have stopped spinning their fantasy tales.
The next shoe to drop for Related will be their inability to close sale contracts on 76 Viceroy Hotel units that were purchased during the height of the speculative real estate market at what are now very inflated purchase prices.
It appears Related's German bankers are not being cooperative or helpful in the closing process. The bankers hold all the cards and I'm convinced the banks are mounting a near-term takeover of Related's interests in Base Village.
Compounding Related and the bankers' problems are the significant number of lawsuits by unhappy purchasers of Viceroy units. I understand the total number of lawsuits filed and soon to be filed is well in excess of 30 and the number is growing weekly. None of the buyers appear interested in closing their sales contracts. They just want out and they want their 15 percent deposits refunded.
Being a mere Hollywood entertainment lawyer, I'm always intrigued when lots of well-heeled unhappy people file similar lawsuits to right their perceived wrongs at the hands of “evil” real estate developers and bankers.
In this case the unhappy purchasers appear to have the backing of federal and state rules and regulations providing for the termination of their purchase contracts and getting back their deposits.
While the rest of you were celebrating the holidays, I spent a few hours reading the legal briefs that have been filed so far by the lawyers for the disgruntled purchasers and Related's high powered legal eagles. In my opinion, the purchasers are on the winning side of this conflict and Related is spending their diminishing resources attempting to create legal fictions which in the face of pretty clear federal and state consumer protection rules and regulations will not stand up in a court of law.
Without any real expectation of collecting the many millions of dollars tied up in these contracts, Related will likely go further into default than they are now, triggering the bankers' takeover.
As I've previously stated, this may be bad for Related but it's likely the remedy we need to get Base Village construction up and running again this spring.
With the bankers in the driver's seat, hopefully they and Skico will come to an expeditious agreement for Skico to takeover and complete the cement skeletons haunting the center of Base Village.
Mike Kaplan, President and CEO of Skico, continually confirms Skico's interest in taking over the completion of these projects and although we've been burned in the past believing and supporting their Base Village commitments, I'm willing to trust their stated objective because it's also in their best self interest to get this project completed and up and running as quickly as possible.
Next on the list is the Viceroy Hotel itself.
As expected, the hotel performed exceptionally well during the holidays, attracting both new and returning guests as well as many local and part-timers from Aspen down to Glenwood Springs and beyond.
It's something about the exceptional service and friendly and welcoming staff as well as all its four-star amenities and high quality 8K restaurant that attracted many of us during the holidays. By the way, the Viceroy Club membership with its 15 percent discount on food, beverage and spa services takes a lot of pain out of handing over your credit card at the end of each visit.
A couple of elements, however, need immediate attention.
First, some culinary hot shot decided to put salt in the pepper shakers and pepper in the salt shakers. This is Snowmass not Paris or New York City. Let's put these things back in their rightful and historic place.
A much bigger problem requiring major correction is the lack of a kitchen at the Nest, the casual hotel restaurant just off Assay Hill.
This space was originally planned as a business center, thus no kitchen. Imagine the havoc this causes when a bunch of hungry kids and adults stop by for lunch and there are no kid friendly foods on the menu and very limited ability to deliver those items that are on the menu.
Both the Viceroy and the town must fast track approval and construction of an adjoining kitchen. My sources tell me this is easily corrected. So guys, let's start the wheels turning quickly.
Unfortunately, the rest of Base Village is an embarrassing and messy tangle of lawsuits, foreclosures and unsatisfied construction and creditor liens which until corrected will keep Base Village from achieving its intended goal of attracting new and returning resort guests in order to grow and sustain our resort-based economy.
If Skico quickly negotiates its way back into the project, we can begin achieving our original vision agreed to with Skico before they got mesmerized by Related's nearly $170 million-dollar offer to purchase the Base Village Development Rights and lots of big promises from Pat Smith and Related's spinmeisters.
On a closing note, I'd like to suggest that all part-time residents make an effort in 2010 to get involved in the community by joining one or more town advisory boards and community and Valley based non-profits. All these boards and organizations are eager to utilize our part-time residents' vast stores of creative and professional expertise.
If you'd like a suggestion as to where you might best fit, don't hesitate to contact me or any other members of the Part-Time Residents Advisory Board. Our contact information is listed on the Town's Web site at www.tosv.com.
If you want to chat or chastise me, I'm a regular at Fuel and the Daly Bottle Shop or you can e-mail me at secondview@earthlink.net.


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