Fate of XPLEX snared in legal limbo (11/22/06)

Don't count XPLEX out.

Though the extreme sports competition park north of Portland has been embroiled in litigation which derailed its summer schedule of events, developer Glynn Barber still has hopes of getting the project back on track.

"It's going to happen," Barber said in an interview last week. "I can't tell you when, but I can tell you that it will. It will happen even if I don't own it."

Launched in 2005 by Glynn and Julie Barber, XPLEX had penciled in about 30 events for 2006, ranging from motocross to sprint cars to UROC off-road challenge competition.

But only one weekend of motocross and one UROC event actually took place.

"We've had our setbacks," said Barber.

A dispute with Hoosier Excavating, a major contractor in the park's construction, spilled over into court when the Redkey firm filed a mechanics lien against the park in February seeking $847,500. The company filed suit in April.

Because of the lawsuit, construction was halted on the project. Meanwhile events were canceled or moved to other sites, and revenue streams for the sports park dried up.

Also in April, Julie Barber filed for divorce in Hamilton County. The divorce action further complicated the park's legal situation since XPLEX is in both their names.

"Obviously we're trying to proceed with the lawsuit and get that put behind us," Barber said. "And there's a divorce in progress."

The Barbers had also owned QualTech Tool and Engineering, which sold its assets in February to Rob and Susan Moser. Barber continues to work as president of the new entity, Performance Tool.

"We're talking with investor groups," Barber said, noting that it's unlikely things will move forward until the lawsuit is resolved and the divorce is settled. "We have three groups that are interested."

Muncie attorney John Brooke originally represented XPLEX in the Hoosier Excavating suit, but Barber said last week that he had retained new legal counsel in Indianapolis.

The 168-acre park - which was to include numerous venues for racing and extreme sports - is located on what was once part of the Portland Industrial Park.

"XPLEX owns 58 acres free and clear," said Barber, while the remaining 110 acres and a spec building are leased from the Portland Economic Development Corporation.

"We have put over $600,000 in the spec building and over $500,000 in cleaning up the

drainage issues," Barber said.

The spec building is planned as the site of a major paintball facility.

On hold in addition to the park itself is a Microtel hotel franchise that XPLEX acquired and planned to build on the site.

"We have had tremendous support from this community," said Barber, who added that he is doing his best to keep the city of Portland and the PEDC regularly informed of new developments. "We do not intend to fail this community. ... I've learned my strong points and I've learned my weak points (in the past 12 months). It's been a very humbling experience, and I don't blame anyone for it."[[In-content Ad]]