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Future of Pleasant Grove’s Evermore Park in limbo again; lawsuit claims sale never went through

By Curtis Booker - | Feb 3, 2025

Curtis Booker, Daily Herald

The exterior of Evermore Park is pictured Aug. 15. 2024.

What seemed to be the start of a new beginning on the land where the former Evermore Park sits has now turned bleak as litigations emerge.

Early last month, Evermore Park Investments LLC filed a lawsuit against Michelle and Travis Fox, the Nevada couple who reportedly purchased the property, over an alleged breach of the purchasing agreement.

The park officially announced its closure early last year, reportedly due to financial troubles.

In August, Brandon Fugal announced the venue had been sold to new owners who were launching a community quest with a grand prize of $20,000.

The name of the new park initially was not revealed. But in September, the Foxes said in a YouTube video that it would be called “The Realm Town.”

In the lawsuit, Evermore claims the Foxes and their limited liability companies, Allrealms and Realm ATV, failed to make an installment payment of $70,000 in December as per their purchasing agreement, and sometime within the same month they reportedly asked for the original purchasing price to be lowered, court documents obtained by the Daily Herald allege.

Additionally, Evermore claims the Foxes acted in bad faith by not intending to fulfill their obligations while using the property for promotional purposes through various social media channels and claiming ownership, though the sale of the property had not yet closed, the lawsuit stated.

Evermore is seeking at least $300,000 from Realm ATV “plus pre- and post-judgment interest thereon, plus attorneys’ fees and costs,” the lawsuit states.

The two parties entered into an agreement last February that held the buyers responsible for paying $14,525,000 for the property, but at some point that amount later increased to $14.9 million, Evermore claims in the lawsuit.

A settlement deadline was initially set for April 30, 2024, but was extended until the end of June.

On June 28, both sides executed the sale and Realm ATV began making monthly installment payments of $70,000 on July 1, and continued to do so for several months.

According to the lawsuit, Realm ATV asked for a waiver relieving the company from making the required installment payment in November, which Evermore agreed to.

Realm ATV asked for another waiver in December. Evermore says it didn’t agree to the request and the Foxes were still on the hook for the payment, which they allegedly failed to pay, the lawsuit claims.

Further, Evermore claims the buyers “demanded a multi-million-dollar purchase-price reduction contrary to the Agreement,” the documents state.

The deal was supposed to finalize at the end of December, but with the missed payment and Realm ATV’s supposed request to slash the purchasing price, the sale did not go through.

The Foxes fired back in a counterclaim filed Jan. 27 saying Evermore “failed to fulfill critical contractual obligations, and that failure prevented the final closing.”

The property buyers said they incurred financial losses due to various maintenance and repairs needed in the venue.

In response to Evermore’s “unjustly enriched” claims, the Foxes said all the content videos that were shot on the property were with the consent of the sellers.

The Foxes also argued that the November payment waiver was agreed upon to use toward extensive repairs.

The counterclaim goes on to accuse Evermore of acting in bad faith in contemplating the sale of the property and believes facts were withheld that may have prevented the deal.

The couple also argues that the sellers regularly refused to meet with them and failed to make needed repairs, the countersuit alleges.

In regard their efforts to lower the sale agreement price, the Foxes claim they were “revising their offer” based on findings in their inspections and evaluations of the property.

However, the Foxes argued that while their December payment was not made on time, it wasn’t supposed to warrant a default of the contract, according to their agreement.

“An event of default shall not exist if the buyer commences curing within [30 days] and thereafter proceeds in good faith and with reasonable diligence to effect compliance [with the Contract] as soon as possible,” the countersuit said.

The Foxes said Evermore prematurely filed the lawsuit. They are asking the court to dismiss the lawsuit and are seeking an unspecified amount for legal fees and damages.

In a YouTube video published Jan. 28 to the couple’s RealmTube channel, Michelle Fox spoke in detail about the journey of purchasing the fantasy park. She said it was a dream come true, but explained the supposed challenges of grappling with repairs, which she claimed were more than minor fixes.

In the video, Fox says a vital area of a building on the property previously had been sold, reducing the number of potential guests from 2,000 people to 185. She joked that she and Taylor Swift now have something in common, as Evermore also filed a lawsuit against the singer in 2021 that eventually was dropped.

“We’re both ruthless women in business who have been sued by the same property,” Fox said in the five-minute video.

Yet, she said the magic is not lost, as she and her team are committed to bringing their vision to life.

“This journey wasn’t about acquiring land. It was really about creating a space of transformation, community and adventure, and having an address to associate it with,” Fox said.

Ultimately, both parties claim they made concerted efforts to help push the sale through.

At this point, it’s unclear what the future holds for the former fantasy adventure theme park.