Burman, Critton, Luttier & Coleman LLP News Release
FOR IMMEDIATE RELEASE
FROM: Everglades EcoLodge at Big Cypress,LLC
Big Cypress, Florida
FOR IMMEDIATE RELEASE:
Eco-Resort Planned Adjacent to Billie Swamp Safari is Ambushed by Seminole Tribe
South Florida – It looked like a Win-Win-Win. A win for the Florida’s Seminole Indian Tribe. A win for an ecologically sensitive resort developer. A win for the tourism development entities of South Florida and nature based eco-tourism. But the Seminole Tribe pulled the plug.
Why? No one seems to know and the Tribe is not talking. Now Partners, J. Michael Burman and Michael J. Pike, of Burman, Critton, Luttier and Coleman, in West Palm Beach, FL have filed a $20,000,000 suit on behalf of Everglades EcoLodge at Big Cypress, LLC.
It seemed to be a natural
The plan was to build an eco-friendly Everglades Resort that would showcase the Everglades to domestic and international travelers at no costs to the Tribe. It would be on 15 acres of Seminole tribal lands next to Billie Swamp Safari. The Tribe would receive fixed lease payment and percentage of the gross receipts of the facility.
On November 20, 2008, after an agonizing five years of starts and stops, a 50 year lease agreement (an initial 25 year lease with another 25 year lease option) was signed with the Seminole Tribe of Florida. During those five years the new lease holder had numerous meetings with tribal committees and invested huge expenditures of cash for consultants, eco-surveys, and legal guidance. Then, without notice, on October 21, 2010 the Tribe voted to not honor the signed lease with the developer. Today, over five months later, the resort’s management team has yet to be officially told of the Tribe’s decision. In fact, the resort developer accidently learned of the decision in an issue of the Tribe’s Seminole Tribune a month after the Tribal Council action.
A long labor of love for the Everglades environment
Five years ago, C. Wendall Collins, the President of Everglades EcoLodge at Big Cypress, LLC and a South Miami native, brought a concept to the Seminole Tribe in South Florida. Mr. Collins, already a successful hotelier and business man, proposed that he lease 15 acres of the 72,000 acres at Big Cypress Reservation controlled by the Seminoles in South Florida. The only financial obligation by the Tribe was to furnish the 15 acres and for that the Tribe would receive a fixed land rental fee and percentage (%) of the profits generated by the project. The proposed site for a nature based, eco-friendly resort would be adjacent to the Billie Swamp Safari attraction. There his company would build a resort that demonstrated the tribe’s dedication to preservation of the natural resources in the Everglades. The plans included restoring surrounding land to its natural state. The full service resort would be known as the Florida Everglades Resort and consist of:
- 120 guest rooms, suites and villas
- Full-service restaurant
- Tree Level Lounge
- Lagoon-style outdoor water activity Center
- Poolside Bar and Grill
- 5,100 sq. ft. of meeting facilities
- Wellness spa and fitness center
- Retail space
- Activities Center
- Business Center
- Outside demonstration exploration stations
- Native food and gardens area
- Business and Entertainment Center
- A full roster of educational tours and programs
- Environmental Resource Center for guests and visitors
- Solar and Wind generated sustainable power
- Recycled water and repurposed waste water
The property would become one of the few zero carbon footprint resorts in the U.S. and would boast a Platinum LEED rating. (LEED is the Leadership in Energy and Environmental Design Green Building Rating System as devised by the U.S. Green Building Council.) In addition, the resort would dazzle visitors with a vast array of nature, outdoor, Everglades and native flora, fauna educational courses and experiences. On a weekly basis the facility would host renowned speakers and programs for guests and visitors. In addition, the property (in conjunction with a major Florida University) would create an onsite college level educational program for tribal members and others interested in careers in the hospitality industry.
Mantra: Reduce, Reuse, Recycle
“Reduce, Reuse and Recycle” were to be the theme in all the properties efforts. The words would be engraved on every guestroom door.
The properties vision statement put it succinctly:
“To be a highly sought-after tourist destination. Florida Everglades Resort will have an enviable reputation and be widely recognized for its innovative and Platinum LEED-certified facilities, unparalleled guest service, strong environmental stewardship, compelling educational programs, and respect for the traditions of the land and its people.”
On November 20, 2008 the Tribe and the management of Florida Everglades Resort signed a 25 year lease agreement with a 25 year extension clause.
Significant developmental expenditures were made and over 400 jobs would be created
The parent company (Everglades EcoLodge at Big Cypress, LLC) engaged some of the most talented individuals in the U.S. to manage the construction, development and branding of the resort. Among others, they included Cindy Bower formally the President of Yellowstone National Park, CPZ Architects of South Florida, and Bill Vervaeke the former VP of Marketing and Brand Management for Palm Beach County Convention and Visitors Bureau.
The well-known property consulting and valuation company, HVS, recognized the potential of the resort in a 92 page report commissioned by the resort in the summer of 2010. It estimated that the first year’s occupancy (2013) would be 68%. By 2015 HVS estimated the property would have a 75% occupancy. The company pointed out that 25% of Florida’s population lives within 90 minutes of the resort site. HVS also realized that a significant number of U.S. and European long-stay visitors seek out eco-experiences and natural settings. Nothing similar to the proposed resort exists anywhere in South Florida or in the Everglades natural environment. In resort documents the team refers to the Florida Everglades as the “8th Wonder of the World.”
It was estimated that Florida Everglades Resort would directly generate over 400 jobs and significantly impact another 1,000.
Tribal reasoning is not forthcoming
In addition to being President of Ecoexperience Development, Inc., Mr. Collins is the principal owner of the Renewable Energy Institute of Florida. It is a not for profit corporation which incorporates state-of-the-art sustainable technologies into eco-friendly resorts and LEED certified buildings. He is also a former Florida governor’s appointee to the State’s Nature Based and Heritage Tourism Advisory Committee serving two consecutive terms.
As for the Seminole Tribe’s decision to pull the plug on Florida Everglades Resort, Mr. Collins is mystified. “I know that the Tribe has had some management changes recently. However, we worked long and hard to develop an eco-resort that would be a lasting testament to the Seminole’s respect for nature, the environment and the magnificence of the Florida Everglades. It would have been a major draw for eco-tourism and a significant attendance driver for the adjacent Billie Swamp Safari as well as the Ah-Tah-Ki Museum and the Seminole Rodeo facility. Everyone in the effort was going to benefit, including Mother Nature. The least the Tribe could do was to discuss it with me. Even until today, five months after their vote not to honor the signed lease, I have not been able to speak to Tribal representatives that can explain the basis for their decision.”
Mr. Collins admits that apparently the only recourse was to file suit and take the Tribe to court which is allowed for in the lease documents. He relates, “I feel like the victim of a hit and run. We got ambushed by the Tribe and I have no idea why.”
For more information
Bill Vervaeke - Chief Marketing Officer
Florida Everglades Resort
465.795.5912
JustWAV@GMail.com
or
Michael J. Pike, Esquire
Burman, Critton Luttier and Coleman
(561) 842-2820
MPike@bclclaw.com