Over six years ago, it was announced that a luxury hotel was going to be built near the intersection of Highways 9 and 99, but it never materialized. Now the group behind the announcement is suing the developer.

According to court documents, the Seminole Economic Development Council (SEDC) filed a multipronged lawsuit in Seminole County District Court on July 10 in which two defendants, FFSISEMI LLC (“Hotel”) and Mathews Land Co., LLC were named. Records indicate that Harish Patel of Edmond is the registered agent for FFSISEMI and Tim Mathews is owner of Mathews Land Co.

The lawsuit states that on or about Sept. 20, 2018, the SEDC and the defendants entered into a contract to build a hotel with at least 74 rooms in Seminole. Pursuant to the contract, Mathews conveyed a tract of land to Hotel, referred to in the suit as the “Mathews to Hotel Property.” Also, per the contract, Hotel paid Mathews $110,000 for partial consideration and an additional $40,000 was contributed by the Seminole Industrial Foundation. To facilitate the transaction, the SEDC conveyed additional property in the same area to Mathews, referred to as the “SEDC to Mathews Property,” which Mathews in turn conveyed to Hotel.

According to the petition, the contract in question states that “time is of the essence,” and the lawsuit alleges “the contract has failed of its essential purpose because Hotel has failed to perform.” The SEDC also alleges that the building of the hotel “was so essential that its failure has destroyed and/or vitiated the entire consideration of the contract and/or was so indispensable that the contract would not have been made with such condition omitted.” The SEDC says it is entitled to an order declaring the contract rescinded, and all parties returned to their former status vis-à-vis (as compared to) the appreciated value of the consideration already exchanged, or, alternatively, the contract must be reformed to supply a reasonable time frame within which Hotel must fully perform.

The SEDC is also seeking damages for breach of contract.

“As a result of Hotel’s breach of contract, Plaintiff has been damaged in an amount equal to the appreciated value it paid and/or contributed per the terms of the contract,” the suit alleges.

Another judgement sought by the SEDC deals with “ill-gotten gains,” quiet titles and accounting.

“Hotel has been unjustly enriched in an amount equal to the net appreciated value it has received,” the suit states. It would be inequitable to permit Hotel to retain its ill-gotten gains. Plaintiff is entitled to an Order disgorging Hotel of its ill-gotten gains including, as the case may be, an order quieting title to the SEDC-to-Mathews Property to Plaintiff, and the Mathews-to-Hotel Property to Mathews upon return of the parties’ respective money pursuant to an appropriate accounting.”

Plans for the hotel were announced in November 2018. City Manager Steve Saxon said at the time of the announcement that the hotel would be a 74-room Marriott Fairfield Inn and Suites.

Construction of another hotel on Highway 9 across from the Brian Crawford Memorial Sports Complex began over two years ago, but it has yet to be completed.