Construction on Provo's performing arts center is going forward as planned, with just one little hitch -- the city doesn't own half the needed property yet.

The city is in negotiations with Bob Patel, owner of the Traveler's Inn at 469 W. Center St., and has filed a lawsuit to exercise eminent domain and seize the property. The lawsuit is currently only a technicality, said city spokeswoman Raylene Ireland; the timelines set forth when exercising eminent domain required the city to move forward with that step.

"It's because we needed to start the clock ticking," she said, adding the city's intent remained to negotiate with Patel and reach an amicable resolution about the property.

Dayle Jeffs, Patel's attorney, said the motion requested immediate occupancy of the property, which is adjacent to the city's old library. That building is being renovated to become part of the performing arts center.

No further action has been taken on the lawsuit; Patel was informed of it when it was filed.

Jeffs said the negotiations won't result in a settlement because that's not what they're discussing.

"They're only dealing with certain issues, they're not dealing with the overall settlement of the case," he said.

He declined to comment on any specifics of the discussions.

Ireland said the city intends to focus all of its efforts on the negotiations and Mayor Lewis Billings and other city leaders are optimistic that the negotiations will end favorably for both parties. The biggest disagreement is the value of the property; Patel's appraisers gave an estimated value of about $1.2 million, while the city's appraisers estimated its value at about $800,000.

"If our talks break down, then we will proceed to court," Ireland said.

Construction on the center, which will include a 700-seat concert hall, an art gallery and music and dance studios, was projected to be finished in January 2007, but "it really all depends on how quickly we can resolve the motel issue," Ireland said; completion could take an extra few months.

The city's other major task is getting the remaining $1.5 million necessary to complete the center. The city has raised the rest of the $10 million price tag through property taxes, federal funds and private donations.

"We had gotten it lower than that, but with the addition of the motel issue, it's brought it back to a million-five," she said, adding the construction was planned incrementally so as to not dip into city funds to pay for the rest. "We will only build with as much money as we have."

Kathryn Allen, executive director of the Provo Arts Council, said she anticipates the remainder of the fundraising to go well even with the large number of arts centers in the county; Provo's will serve a much larger audience and meet some unanswered needs, she said.

"It's very much the classic mode of fundraising," she said. "You simply talk to people that you know who have a passion for the arts. There are many people in this community who just love the arts."

Heidi Toth can be reached at 344-2543 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it