Signed palm tree agreement remains elusive
BRADENTON BEACH – A newly-planted coconut palm tree that fell over on Bridge Street last week has raised questions about whether the city obtained a signed indemnification agreement prior to planting it and 79 other trees.
At the April 3 Community Redevelopment Agency (CRA) meeting, members unanimously approved the installation of 80 coconut palm trees along Bridge Street in a city partnership with developer Shawn Kaleta.
The approval was based on assurances by City Attorney Ricinda Perry that a maintenance, indemnification and hold harmless agreement with Kaleta would be in place prior to planting the trees, with Kaleta taking responsibility for tree maintenance and indemnifying the city against liability for any damage caused by the trees.
The palm trees were planted the week of April 24. On May 15, a Facebook post showed that one tree had fallen over from unknown reasons, causing no known damage. Bridge Street workers have reported seeing people picking coconuts from the newly-planted trees.
As of May 19, after multiple Sunshine Law requests to the city from The Sun, no signed and fully executed agreement had been produced by the city. That document is a public record and subject to the Florida Sunshine Law.
In the absence of a signed contract between the city and Kaleta, liability for damage that could be caused by the trees is in question.
A May 15 Facebook post shows one of the new palms near 120 Bridge St. laying on the ground, apparently having been uprooted. By May 17, the fallen tree had been replanted and was being supported by a string tied to a metal stake.
AGREEMENT ELUSIVE
On April 25, One of Kaleta’s attorneys, Sean Kelly, sent Perry and Kaleta an email that said, “Shawn asked me to finalize this agreement for the coconut palms on Bridge Street. Will you please send me the Exhibit A site plan and the dollar amount for the CRA’s contribution? Then I can update the document and have Shawn sign.”
This email exchange occurred the same week the trees were being planted.
On May 6, The Sun emailed the city clerk asking for a copy of the agreement between the city and Shawn Kaleta (or his business entity) showing the maintenance and indemnification agreement for the newly-planted palms on Bridge Street. The email was sent to city clerk Terri Sanclemente, Perry and Mayor John Chappie. No response was received.
On May 7, a Sun reporter went to city hall to obtain a copy of the contract and was told by the city clerk that it was not there and she had been told it was still being worked on. Another email was sent to Perry that day requesting a copy of the agreement and no response was received.
On May 9, Perry sent an email to Kaleta and attorney Sean Kelly that said, “It took me a bit to find a way to document in a ‘site plan’ the palms and to make sure we knew exactly where Miguel was planting everything.” Kelly responded that day to Perry in an email that said, “Do you have the dollar amounts to insert for contributions from the city and from Shawn?”
Perry wrote that the CRA was contributing $40,000 toward the tree planting project and Kaleta was to contribute $10,000.
On May 14, another Kaleta attorney, Rainier Altiere sent Perry an email that said, “Here is the completed maintenance agreement. The only thing missing is the start date. Please provide me with that and let me know if this is OK for us to have Shawn sign.”
On May 15, Perry sent Kaleta, Kelly and Altiere an email in which she wrote, “This corp (corporation) named in the document was set up at the end of last month. Is it just a ‘shell company’ with no assets or insurance to cover the harm/damage caused by a falling coconut? At a minimum, the company will need an insurance policy naming the city that actually covers damage caused by the coconuts. I can’t just have a piece of open (missing word) with no actual protection for the public. Ideas?”
A May 15 email request to the city clerk for a copy of the signed agreement received an “out of office” reply. The same day, The Sun emailed Perry requesting a copy of the signed and fully executed agreement.
Sanclemente, Chappie and Police Chief/Interim Public Works Director John Cosby were among those copied on The Sun’s email request.
In her response, Perry wrote, “I’ll see if the deputy clerks can access the signed agreement. If not, we’ll have to wait until Terri gets back.”
Perry did, however, provide a copy of a blank draft version of the agreement, which did not identify the other party involved with the project and did not include any details regarding the cost of the project or the manner in which the material, installation and maintenance costs would be shared. The agreement is for 30 years. She also provided copies of some of the emails referenced in this story.
When asked by The Sun that day for a signed and fully executed copy of the agreement, Perry wrote, “There is a signed agreement. The clerk is out of the office and can provide further documents upon her return.”
On May 17, a Sun reporter attempted to obtain the document in person from the city clerk’s office and was told the contract was not there. That day, The Sun emailed Perry, Kaleta and Kelly asking Kaleta or Kelly to provide The Sun and/or Perry a copy of the signed agreement. As of May 20, The Sun had not received a response to that request.
The email exchanges indicate there was no signed agreement in place when the trees were planted in late April. As of May 20, the city and Perry had not provided any documents that confirmed that a signed and fully executed agreement existed that day.
In order for the agreement to be fully executed it must be signed and dated by Chappie, who was out of town for the Governor’s Hurricane Conference taking place in Palm Beach County May 12-17, according to the clerk’s office.
(Sun reporter Joe Hendricks contributed to this story)
Related coverage:
Irrigation system to be installed on Bridge Street
Eighty new coconut palms line Bridge Street
