ST. AUGUSTINE, Fla. – Marineland will soon be in the hands of a group led by dolphin experts -- with financial backing from a Clay County couple -- that plans to keep the park, known as the world’s first oceanarium, operational.
A federal bankruptcy judge in Delaware approved the sale of Marineland to #1 Apex Association LLC, a group led by Barbara and Jon Rubel of Clay County. Their bid at a bankruptcy auction was $6.5 million.
The decision comes after months of uncertainty and court proceedings sparked when Marineland, which has been open to the public since 1938, was put up for sale over the summer as part of the bankruptcy process for its owner, The Dolphin Company.
The Mexico-based company, which bought Marineland in 2019 and owns dolphin attractions around the world, filed for bankruptcy in March.
Apex Association now has the court’s approval to purchase and take control of the park by Dec. 5, marking the end of a competitive auction process.
In court Wednesday, the federal judge called Apex’s proposal a “critical factor” in preserving Marineland’s educational and research mission.
The group includes dolphin expert Jack Kassewitz and former Marineland manager Felicia Cook.
The order allows Apex Association to assume all existing contracts and retain the park’s staff and animal care operations.
The Rubels issued a brief statement to News4JAX:
“We are very happy with the results of the hearing, and other than that, we have no additional comment at this time.”
Apex Association was able to participate in the auction after the federal bankruptcy judge reopened the auction at a hearing Monday morning.
The initial bankruptcy auction, held in October, resulted in a top bid from Texas-based developer Delightful Development LLC, which offered $7.1 million cash. But that deal would have forced the relocation of all 17 dolphins and other animals at the attraction.
When it came time for that deal to be approved by the federal judge, she opted to postpone the decision after hearing from Kassewitz that their coalition had been “shut out” of the bankruptcy auction. They said they had been told they could bid, until they were told two days later they could not.
On Monday morning, at a hearing called to continue the process of finalizing the sale, the judge reopened the auction, which enabled Apex Association to win when no other bidders chose to raise their offers.
The court noted that Apex’s offer provided the highest overall value and avoided roughly $635,000 in shutdown and relocation costs compared to competing bids.
As part of the deal, all animals currently housed at Marineland will remain at the facility — except for three dolphins that will be sold and transferred to Theater of the Sea in the Florida Keys.
Capri and Soleil, along with their mother Sandy, arrived at Marineland over the summer from Gulf World Marine Park in Panama City Beach. Gulf World, also owned by The Dolphin Company, shut down earlier this year due to multiple dolphin deaths. Gulf World was listed for sale in a similar process, and sold at an auction to a company that operates resorts in the Panama City Beach area.
Theater of the Sea will be paying $500,000 for the three dolphins. As the facility already operates as a dolphin attraction, it has the necessary state and federal permits in place. Theater of the Sea also has already had a handler on-site at Marineland, to get familiar with the three dolphins.
Because of Marineland’s financial challenges, the court set a firm Dec. 5 deadline for the sales of both the attraction and the three dolphins to close. Attorneys warned that any delay could threaten the company’s remaining funds before the end of the year.
The judge praised the transparency of the auction process and the good faith shown by all parties, noting that the sale will keep Marineland’s doors open, its employees working, and its mission intact.
The judge also noted the numerous letters sent to the court that expressed concern about the future of Marineland, with many voicing support for it continuing as a marine attraction. The judge said some letters came from people within the dolphin community, and also mentioned the dozens of letters from students at Flagler Palm Coast High School, and their teacher.
“I appreciate the engagement, and encourage young people to continue to engage when they see something that is important to them,” the judge said at the hearing.
With the court’s approval in hand, Apex now has just a few weeks to finalize the deal. If the sale does not close on time, Delightful Development LLC and northeast Florida developer The Hutson Companies are in line as backup bidders.