PALM BEACH GARDENS, Fla. — An old deed restriction at Plant Drive Park is raising questions about the future of the Ice Plex project in Palm Beach Gardens, though city officials say construction will not be impacted.
The land, donated by city founder John D. MacArthur, includes a stipulation requiring the property to remain a public, non-commercial park. With the Ice Plex currently under construction, some residents argue the pay-to-use facility violates that promise.
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"Both the City and PBNAF are, and have been, aware of the reverter provision in the deed that, if triggered, might serve to revert ownership of the property to a non-existent corporate entity. The City is not of the opinion that the reverter provision is triggered by the construction of the ice rink, as it remains a public park. Nonetheless, the City is currently following the legal process necessary to have the reverter released," the City of Palm Beach Gardens said.
City officials added that construction will not be impacted and attorneys are working to nullify the clause.
Over the years, the project has faced pushback from nearby residents concerned about traffic and the loss of a public park. The park has since been gutted as construction continues.
"I don't think children should lose free and open spaces," Heather Deichman-Levy said.
I reached back out to Deichman-Levy after learning about the overlooked detail in the agreement. The stipulation states the special warranty deed is valid only as long as the property is used as a "municipal, non-commercial public park only."
"And should that ever change, it would revert back to the guarantor or its subsidiaries or etc.," Deichman-Levy said.
Deichman-Levy maintains her concerns because the facility will include shops, restaurants, and pay-to-play ice rinks.
"Those are commercial entities inside of the building. That has been the complaint of a large group of residents from the beginning is that this is not a public project for a public park," Deichman-Levy said.
"It's not a public park. When you're paying to go to this restaurant that is run by a private entity within a 501 c3 building," Deichman-Levy said.
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