Delray Beach commission approves amended settlement to return American Legion Post 188 property, sets rehab timeline and reverter clause

The Delray Beach City Commission voted to amend a settlement agreement with American Legion Post 188 and authorized the mayor to execute the revised agreement, moving the matter toward a public hearing to convey the property back to the legion under conditions.

The action comes after months of litigation and negotiations over the former American Legion Hall property. City Attorney Jelen told commissioners the drafted settlement and accompanying lease had reached a near-final form; commissioners discussed instead conveying the property outright to the legion with protections that would require renovation within a set period or return the property to the city.

Supporters from the legion and its partners urged the commission to transfer ownership so the post could qualify for grant funding and complete renovations. Andrea Bruton, first vice commander of American Legion Post 188, read a letter from incoming commander Charles Blake describing the hall as an historic community asset and urging partnership to restore it. Sarah Selznick of Shared Future Foundation said an architectural team has finished concept design services and could produce construction drawings and cost estimates by June but that many funders require site control or ownership before releasing private or philanthropic funds.

Commission discussion centered on balancing accountability with speed so the legion can pursue grants. Commissioners agreed the deed should include a reverter clause to protect the city if renovations are not completed. The commission directed staff to return with a public hearing item for a quitclaim deed containing those protections and a timeline for rehabilitation; commissioners discussed a three-year completion target as reasonable given permit and construction timelines. The commission also removed a prior proposed nominal payment to the legion for attorney fees and debated—but did not adopt—seeking reimbursement of city legal costs (city staff noted roughly $60,000 had been spent on legal fees in the dispute).

City Attorney Jelen summarized key protections the draft would include: permitted uses oriented to community events and fundraisers, a required public-access/availability minimum, prohibition on unapproved subleases (subleases would require commission approval), standards that special events with ticketing would require city manager approval, and a reverter clause preventing resale for other uses. The commission approved a motion to amend the settlement agreement and authorized the mayor to execute that document; staff will follow with the required advertised public hearing to finalize conveyance terms.

The action does not yet transfer title; commissioners directed staff to prepare the quitclaim deed with the agreed conditions and public-hearing notice so the deed can be considered in a subsequent meeting.

Clarifying details: the commission discussed that the previously drafted lease was a 99-year lease option, which commissioners described as essentially equivalent to a conveyance; the amended approach favors immediate conveyance with legal protections so the legion can access grants that require ownership.

Looking ahead, staff will schedule the public hearing to present the quitclaim deed and the detailed reverter and performance conditions for the commission’s final vote.