Time runs out at arena

PROVO — The buzzer has sounded at Utah County's Olympic hockey arena.

The clock ticked out Monday night on the court-imposed deadline for Max Rabner, who has the contract to manage the Peaks Ice Arena, to pay $286,381 in rent for 2003, 2004 and 2005.

Rabner's attorney, David Pinkston, said Monday evening his client would deposit much if not all of the rent by midnight in a dropbox at the 4th District courthouse in American Fork. A judge ordered that the rent be deposited with the court.

"It might not be all three years," Pinkston said. "We anticipate depositing tonight as much money as Mr. Rabner can."

Judge Derek Pullan had ordered Rabner to make the payment or be evicted from the Peaks Ice Arena until the conclusion of a lawsuit seeking to terminate his lease on the 2002 Winter Olympic Games venue.

Rabner did not return messages Monday, and a receptionist at the arena said he would not take or return any calls.

The Provo City/Utah County Ice Sheet Authority filed a lawsuit in 2003 to terminate Rabner's 14-year lease on the publicly owned building, which he can extend for 28 additional years.

Pullan ordered Rabner to deposit the rents with the court last fall, but Rabner did not comply because, he said, lenders would not finance the payments without a guarantee his lease would be honored. The Ice Sheet Authority responded by asking Pullan to give it possession of the arena.

Pullan appeared to solve the impasse by giving the Ice Sheet Authority an option: It could post a $3.5 million bond with the court to secure Rabner's own investment in the building and, if Rabner didn't pay the rent within 10 business days, Pullan would evict him.

The Authority, made up of officials from Provo city and Utah County governments, called Rabner's hand and posted the bond on May 2.

"We'll just proceed through to trial" if the entire rent was posted with the court, said Jesse Trentadue, an attorney representing the Ice Sheet Authority.

Pullan is expected to hold the rents until the case is resolved, but Trentadue left open the possibility the Ice Sheet Authority will file a motion to get the money.

"There's a good chance it would be collectible before a trial," Trentadue said. "The rent is clearly owed."