Skip to main content

Tag: Shawn Kaleta

Pines homeowners meet with officials

Pines homeowners meet with officials

BRADENTON BEACH – Pines Trailer Park homeowners attended a Nov. 7 city commission meeting seeking answers about the continued existence of the 86-unit park following hurricane-related flooding.

HELENE DAMAGE ‘MAJOR’

On Sept. 27, storm surge from Hurricane Helene caused water intrusion into the mobile homes at the Pines Trailer Park. On Oct. 17, Building Official Darin Cushing said that FEMA guidelines related to water intrusion from flooding deem the properties as having major damage.

Federal, state and local regulations state if a home is damaged 50% or more of the market value of the structure, or if it is improved 50% or more of the value of the structure, then the entire structure must be brought to current floodplain compliance, which is an elevation to 12 feet.

On Oct. 29, fire code and setback regulations became part of the discussion. West Manatee Fire Rescue District (WMFR) Fire Marshall Rodney Kwiatkowski outlined fire safety and regulatory standards to be followed for all new mobile home installations at the Pines.

Regulations state that no portion of a mobile home, excluding the tongue, shall be located closer than 10 feet side-to-side, 8 feet end-to-side, or 6 feet end-to-end horizontally from any other mobile home or community building.

PUBLIC COMMENT

During a public comment segment of the meeting, several Pines residents and park owner Shawn Kaleta spoke to commissioners.

Kaleta, manager of Pines Park Investors LLC, was the first speaker.

“Obviously, we’ve been hit with a couple hurricanes. We’re all trying to dig out of the sand as a community and try to restore our homes, our businesses, our lives back to normal as quick as possible,” Kaleta said.

He said he has spoken to Pines residents.

“The units obviously took on water. There are fire separation issues, there’s mold, there’s structural stability, there’s elevation of the buildings, there’s all these questions,” he said. “I’ve made a commitment to the residents from our side to keep the park there whatever it can be inside the code. I think that’s a vital part of the community, having residents and having everybody in that community as it exists.”

Following Kaleta, Pines Trailer Park residents stepped up to the podium, seeking answers about the city’s final determination.

Brett Williams owns seven mobile homes at the Pines.

“I know you have legal stuff to go through, but if your intent is to say we don’t want trailers anymore, we want to replace them with new stuff, I get it,” Williams said. “I don’t want to put all the money out if we’re going to do that. I’d like to speed this up so we can move on. Right now everything is in limbo.”

Ryan Pfahler, who has lived there five years and owns two rental mobile homes there asked, “While we are fixing trailers can we be living there? How long to do we have to make improvements? Are we allowed to pull in a travel trailer in the meantime while we’re repairing or rebuilding? What happens if most of the trailers do not meet the 50% rule?”

Jim Entwistle purchased a mobile home at the Pines as an investment in April for $200,000 and has rental reservations there from January through April.

CITY’S INTENT

City Attorney Ricinda Perry addressed questions about the city’s intent.

“The intent is to save you, to save the community,” she said.” I went to Shawn and said what can you do to try to save this? Shawn asked if he could elevate the structures, and I said they’re not structurally sound. He said, ‘What else can I do?’ We could talk about a rezone, but the densities are tough to get there. Is there another product you can make that meets the definition of a mobile home park, install that and get to the densities and the setback? Possibly.”

“Shawn has asked us to explore that option – if the park can’t exist with the existing structures can he put another product in there at that density, that’s elevated as a replacement?”

Perry said those changes would require a hearing with Planning and Zoning, at least two commission meetings and would require a Planned Unit Development.

“It is our intent, our goal and our desire to keep that kind of community there, whatever that looks like,” Perry said.

CITY RESPONDS TO QUESTIONS

“You have FEMA policies, guidance and regulations. On top of that you have the Florida Building Code, the fire code, and they all have different pieces and roles in this entire situation,” Perry said. “One of the things that’s really important for the city is to come up with a consistent, uniform approach in administering the flood plain ordinance.”

The process applies to every structure in Bradenton Beach.

“After we work our way through that, that’s what gives you the decision about moving forward,” she said.

“You’re frustrated and you want quick answers. We understand that. I will tell you this – most communities when they’ve been hit by one disaster, not two, they adopt a moratorium and shut everything down,” Perry said.

Many homeowners have received letters of substantial damage based on initial assessments. Those will be followed by in-person inspections. The state is in the procurement stage of having 10 teams of two people each assist the city with those inspections.

Perry cited the city floodplain ordinance as it pertains to manufactured homes that are substantially damaged as a result of a flood.

“That’s 12 feet,” Perry said. “If we’re all being honest, none of these structures will make it to that height. Your engineering costs alone are probably going to exceed your 50% just to figure out if you can elevate it.”

Perry said that most of the Pines mobile homes are more than 50 years old.

“I have researched the life span of a mobile home and it is said 30-50 years max if they are well maintained and not in a marine environment,” she said.

“Engineering estimates are about $25,000 and I’ve heard everything from $115,000 to $150,000 to raise,” Perry said.

She said there have been meetings with city officials, Kaleta, Sam Negrin, Cushing and former city Building Official Steve Gilbert.

“Unless you do not have substantial damage, we don’t see a way to save it,” she said. “Once you elevate, you also have to come into compliance with the fire codes, meaning they have to have proper setbacks and fire rated walls for their own safety. So, you’ll have to come into compliance with that by repositioning the units somehow or shrinking it down to fit into the setbacks.”

She said units must be habitable for those who want to live in them. A travel trailer cannot be pulled in; they are not allowed.

If 50% of units are damaged does the park go away?

“That’s a private issue with your landowner, not a city issue,” Perry said.

Kaleta solicits post-hurricane development investors

Kaleta solicits post-hurricane development investors

ANNA MARIA ISLAND – At a time when some Anna Maria Island property owners are trying to save their hurricane-damaged homes, developer Shawn Kaleta is seeking investors to help him redevelop Anna Maria Island with a focus on luxury accommodations.

On Nov. 8, The Sun obtained a copy of a prospectus-like document containing the title: “Anna Maria Island Development Fund.” The seven-page PDF document that references Kaleta and his business endeavors includes the following quote: “Our vision is to revitalize and elevate Anna Maria Island, enhancing its appeal as a premier luxury destination. Similar Destinations: Naples, Florida.”

The document also states, “Outdated homes have been impacted in the storms, leaving room for only new, safer luxury construction.”

AMI Development Fund

The second page of the AMI Development Fund document bears the title “Developer Shawn Kaleta and Team” and states: “Leading the Island Development Fund is Shawn Kaleta, a seasoned 20+ year Anna Maria Island real estate developer who owns over 1 Billion in real estate assets and is Anna Maria’s largest real estate holder. Over the past 20 years, Shawn has owned, developed and constructed over 1000 homes on the island and has played an integral role in building Anna Maria into the luxury vacation destination it is today. On top of his personal holdings and developments, Shawn and his companies own and operate many businesses on Anna Maria including 3 property management companies, 3 hotels, 2 restaurants, a real estate brokerage, and a marina as well as many other businesses in Key West, Siesta Key, Lido Key and Casey Key.

“Due to Shawn’s insatiable appetite for the continued improvement and growth of Anna Maria Island, property values will continue to rise as they have under his influence for the past 20 years while he continues to transform the island into one of the top vacation destinations in the country.”

The third page, titled Market Outlook and Future Vision, states in part: “Growth of Real Estate Prices on Anna Maria: The vast improvement of housing quality on the island will lead real estate values to appreciate rapidly. Projected FED (federal) interest rate reductions will see an increase in property values of real estate at a 15-20% rate. Vacation Rental market provides high rental rates for end users to capitalize on.”

Page 4, titled “Investment Details,” notes that the goal is to raise $50 million in the next 3 to 3.5 years, with 10% of the funding to come from the general partner (Kaleta) and 90% to come from the limited partner investors with a 50-50 general partner/limited partner profit split. Apparently, in exchange for his 10% investment, Kaleta would receive 50% of the profits and the other investors would share the remaining 50% of the profits.

Page 4 contains the following bullet points:

  • “Investment and returns to be distributed upon sale of each home;
  • Each home treated as its own individual deal;
  • Sale of home for investment and leisure purposes;
  • Investments will be redistributed at a first in first out basis;
  • No management fee.”

Page 4 also states: “18-22% expected yearly IRR” regarding the internal rate of return on the investment.

Targets

Page 5 contains a cash flow analysis for two residential properties located on Anna Maria Island.

The cashflow analysis of the first property is for an “Inland Lot – New Build” at 110 Ninth St. N. As of Nov. 4, the 110 9th St LLC was registered as a Florida Limited Liability Company with the Florida Division of Corporations. The LLC lists attorney Louis Najmy as its registered agent and Kaleta as its manager.

Kaleta solicits post-hurricane development investors
This home at 110 Ninth St. N. in Bradenton Beach suffered hurricane damage. – Joe Hendricks | Sun

According to the Manatee County Property Appraiser’s Office, the only property with that address on Anna Maria Island is located in Bradenton Beach, not Anna Maria, as the prospectus claims. The FEMA market value of that home was $787,128 as of Jan. 1. The owner is listed as the Constance C. Novak Trust.

FEMA market value is the improvement value (the structure or structures on the property) plus 15%, according to Bradenton Beach Building Inspector Darin Cushing.

The cost analysis lists a $900,000 land purchase price, an additional $10,000 in closing costs and $910,000 as the capital required. Regarding the construction costs, the cashflow analysis lists $50,000 for design and permitting, $1.325 million for hard costs and $325,000 for soft costs, totaling $1.7 million on construction costs.

The cashflow analysis includes an additional $170,000 in construction loan interest expenses, bringing the total estimated construction cost to $2.78 million, with an estimated sale value of $4.5 million. The cashflow analysis does not provide any additional details on the design and permitting costs or the hard costs and soft costs.

Kaleta solicits post-hurricane development investors
The home at 709 Fern St. in Anna Maria sold for $855,000. – Joe Hendricks | Sun

The cashflow analysis for the second property is for an “Inland Lot – Renovation” at 709 Fern St., Anna Maria. As of Nov. 4, the 709 Fern LLC was registered with the Florida Division of Corporations. The LLC lists Najmy as its registered agent and Kaleta as its manager.

According to the Manatee County Property Appraiser’s office, that property contains a ground-level, single-story residential structure with a FEMA market value of $626,678 as of Jan. 1. The owner is listed as the Karen E. Sparks Declaration of Trust.

The cost analysis lists an $800,000 land purchase price, with an additional $10,000 in closing costs totaling $810,000 for the capital required. According to the Stellar MLS listing, the home and property at 709 Fern St. sold on Nov. 8 for $855,000, which is $55,000 more than the purchase price listed on AMI Development Trust document.

The MLS listing includes this note: “Storm damaged selling as is. Options available: remove structure and build new on a beautiful island location or maybe restore this charming beach cottage to its original state adding flood proofing technology.”

The cashflow analysis for the 709 Fern St. property lists $5,000 for design and permitting, $50,000 for hard costs and $95,000 for soft costs, totaling $150,000 for projected construction costs. The analysis lists $960,000 as the total project cost, with an estimated sale value of $1.5 million.

For the 110 Ninth St. property, the “Investor IRR Analysis” lists no anticipated capital return in year one and a $1.202 million capital return in year two. Regarding the 709 Fern St. property, the Investor IRR Analysis lists a $729,000 investment and a $961,500 capital return in year one.

The final page of the seven-page document is a “build gallery” that contains six renderings of interior views and patio and pool views of a non-specified property or properties.

On Friday afternoon, The Sun reached out to Kaleta and Najmy seeking seeking comment on the Anna Maria Island Development Fund. No response was given.

Asset amendments

The AMI Development Fund document states that Kaleta owns three property management companies and a real estate brokerage.

According to the Florida Division of Corporations, the Prime Vacations LLC created for that property management company in 2021 still listed Kaleta as its LLCs authorized person and Najmy as its registered agent as of April 25.

On Oct. 30, an amendment to the articles of organization for the Prime Vacations LLC was filed and now lists the Plantation, Florida-based CT Corporation System as LLC’s current registered agent and the New York City/Park Avenue-based GSP Prime Buyer LLC as the LLC’s manager. Kaleta’s managerial status with Prime Vacations LLC is now listed as “removed.”

On April 25, the AMI Locals LLC associated with the AMI Locals real estate company listed Kaleta as its manager and Najmy as its registered agent. On Oct. 30, those articles of organization were amended in a similar manner which now lists CT Corporation System as the LLCs current registered agent and GSP Prime Buyer LLC as the LLC’s manager, with Kaleta’s managerial status “removed.”

It is not known what, if any, ownership share Kaleta still has in AMI Locals and Prime Vacations.

Pines Trailer Park discussion continues Nov. 7

Pines Trailer Park discussion continues Nov. 7

BRADENTON BEACH – Along with FEMA guidelines and city flood ordinances, fire code and setback regulations have become part of the discussion about the continued existence of 86 mobile homes at the Pines Trailer Park.

Following the storm surge from Hurricane Helene, Building Official Darin Cushing said in October that FEMA guidelines characterized the subsequent water intrusion into the Pines’ mobile homes as major damage triggering a city ordinance requiring elevation of the units.

On Oct. 29, West Manatee Fire Rescue District (WMFR) Fire Marshall Rodney Kwiatkowski drafted a letter outlining fire safety and regulatory standards to be followed for all new mobile home installations at the Pines.

Citing Florida Administrative Code 69A-42: Uniform Fire Safety Standards for Mobile Home Parks and Recreational Vehicle Parks, Kwiatkowski’s letter states “Specific attention must be given to Section 69A-42.0041, which governs the required setbacks between structures.”

That regulation states that no portion of a mobile home, excluding the tongue, shall be located closer than 10 feet side-to-side, 8 feet end-to-side, or 6 feet end-to-end horizontally from any other mobile home or community building.

“The city has reached out to the property owner to discuss some of the concerns about the health, safety, and welfare there and I’ve had a number of conversations with Shawn Kaleta and Sam Negrin about what their plans are and how we can all work together to save as much of the community there as possible,” City Attorney Ricinda Perry said on Nov. 1.

Kaleta is the manager of Pines Park Investors, LLC, which owns the Pines Trailer Park. Negrin has been the spokesperson for the LLC at recent public meetings.

“I think we’ve come up with a solution that complies with the FEMA regulations and the city’s floodplain ordinance as well as the Florida Building Code,” Perry said. “We’re looking forward to solidifying that plan and putting it forward at the city commission meeting to the commission for approval in as much of an expedited timeframe as possible.”

Perry said the Pines Trailer Park will be a topic of discussion at the Nov. 7 city commission meeting. Public comment will be allowed at that meeting.

“Because of a discussion in the field with the West Manatee Fire Rescue (WMFR) District about elevating the buildings and also some fire separation, a large number of trailers in the Pines are actually out of compliance with setbacks as it relates to the city’s codes as well as the West Manatee Fire District codes, so Rodney (Kwiatkowski) issued a letter saying as you’re doing the restoration it needs to meet those setback requirements,” Perry said.

“Ultimately the property owner has the right to make sure that that development, as it relates to public health, safety, and welfare, addresses their concerns. You don’t want to have another situation where every single structure floods out,” Perry said. “They’re working with the city to find a way to make that happen.”

Perry said the Pines ownership’s goal is to have the Pines community stay in that section of the city.

“There are setbacks that we know about, there are densities and intensities, there’s zoning and comp plan provisions, so it’s just a matter of laying that all out and coming up with an organized game plan to get that park staying a part of the community here in the city,” she said.

West Manatee Fire Rescue letter

Kwiatkowski said he drafted the Oct. 29 letter at the request of the city and a copy was made available to the city and Kaleta.

“Please be advised that all new installations at your park shall meet the NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities, 2017 Edition,” the letter states in part. “This standard outlines critical fire safety criteria for the construction, installation, and maintenance of manufactured homes and their surrounding areas.”

In addition, the letter states that compliance with the Florida Administrative Code 69A-42: Uniform Fire Safety Standards for Mobile Home Parks and Recreational Vehicle Parks is mandatory.

Setbacks must be adhered to unless one of the following conditions is met:

  • The exposed composite walls and roof of either structure are without openings and constructed with materials that provide a one-hour fire resistance rating.
  • A one-hour fire-rated barrier separates the structures.

The Bradenton Beach City Commission meeting will be held at 6 p.m., Thursday, Nov. 7 at the Katie Pierola Commission Chambers, 107 Gulf Dr. N.

Manatee Beach open, county working to restore all Island beaches

HOLMES BEACH – With dozens of beachgoers soaking up the sun at Manatee Beach as the backdrop to a Manatee County press conference, county officials announced the progress in reopening all of Anna Maria Island’s beaches.

The conference on Oct. 25 was held to discuss the timeline and progress in beach clean-up and featured speakers were Manatee County District Three Commissioner Kevin Van Ostenbridge, Manatee County Director of Natural Resources Charlie Hunsicker, Manatee County Deputy Director of Parks and County Grounds Carmine DeMilio, State Rep. Will Robinson, State Sen. Jim Boyd and businessman Shawn Kaleta.

“It’s so important that everybody knows the great strides that we are making in our recovery efforts. Our island and surrounding communities continue to exemplify what it is to be real, authentic and resilient in the face of adversity,” Van Ostenbridge said.

Manatee Beach is open and part of Coquina Beach will reopen next week, according to Van Ostenbridge.

“The sand is safe, the water is safe,” he said. “In about 30 days time we believe the entire seven miles of Anna Maria Island beaches will be open. The beaches will be safe and that includes dragging the sand multiple times with smaller nets to catch all the debris that we can and magnets for pulling any metal we can out of the beach.”

He said the website www.bradentongulfislands.com/recovery will list businesses that are open.

“It’s so important we get the message out that these restaurants and these businesses are back open for business so people will come back out to their favorite places,” he said.

Hunsicker talked about the efforts being made to restore the all the Island beaches.

“This was a significant event and that’s a huge understatement,” he said. “When hurricane Helene came in, that’s when we had an overwash of the Island and we now have sand throughout the Island.”

He said crews have been working to move sand to appropriate locations.

“We have a lot of sand out here that came right from the beaches, but we also have areas that were taken from parking lots and private homes and it’s a dark color,” Hunsicker said. “We’re going to be sorting and sifting beach sand at the county reception site at the end of Coquina Beach.”

He said the dark sand, which is not suitable for the beach, will be brought to an inland location in Manatee County and will be used for road building materials.

DeMilio said many county staff members have been working 29 straight days, 10-12 hours a day to clean up the beaches.

“We have removed 4 feet of sand from the rest rooms, the sidewalks and the parking lots,” he said. “We have removed truckloads of debris from these beautiful beaches. We have cut up and removed over 80 trees and two to three beach rakes daily to keep the beaches clean.”

He said safety is at the forefront of their efforts.

“Manatee Beach is clean, clear and safe and we invite all of you to come out and enjoy our beautiful beaches,” DeMilio said.

Before introducing State Sen. Jim Boyd and State Rep. Will Robinson, Van Ostenbridge said, “Remarkable help from the state level has helped us to rebound as quickly as we have.”

“It’s nothing short of remarkable to see what we see in front of us here today. Four weeks ago, this place was destroyed,” Boyd said. “Do we still have work to do? Yes we do. One thing I think is important is not to take our foot off the gas.”

“It’s truly remarkable to be standing here when four weeks ago water was over my head,” Robinson said. “Two weeks ago a Category 3 hit our area, and the pure devastation that we saw was not just on the Island but inland as well.”

He said the work is ongoing.

“I’m proud of the county and the state and our federal partners to get us where we are right now. To see folks bring out beach umbrellas and chairs is one step, we have many steps to take over the next few years,” Robinson said. “We will be there with you. It warms my heart to see the great beautiful sand is returned to our shores and we will always be here for our community as we recover the right way.”

In introducing Kaleta, Van Ostenbridge said a heavy responsibility is to get hospitality workers back to work.

“We employ directly hundreds of people, indirectly thousands of people,” Kaleta said. “We’ve kept all our employees and staff, maybe their job titles have changed a little bit in the short term, and we’re doing whatever we can do keep our employees with jobs.”

Kaleta said he works with an organization called amistrong.org.

“That’s a community organization led by community business owners that is a great resource,” Kaleta said. “Over the last couple weeks, we’ve been keeping our heads high with all of our staff and making sure we maintain all of our employees. They’re a vital part of our community and the tourism business as a whole.”

Kaleta said many businesses have been working around the clock to open their doors.

“We have natural resources here that we’re very fortunate to have – probably some of the best on earth. It’s impressive to see what has been done in the matter of less than 30 days,” Kaleta said.  “We’re here and we’re offering tourists to come back as quickly as possible.”

Kaleta expected to release statement on Pines

BRADENTON BEACH – Since receiving the news from the city building official on Oct. 17 that FEMA guidelines triggered a city ordinance requiring the Pines Trailer Park mobile homeowners to either vacate or elevate their structures, they have been waiting for a statement from the ownership.

Developer Shawn Kaleta, manager of the Pines Park Investors LLC that owns the Pines Trailer Park, said on Oct. 25 that he will issue a statement about the future of the Pines once the city makes all details available to him.

Kaleta was invited by Manatee County officials to speak about the state of the hospitality industry at a press conference at Manatee Beach. He touched briefly on the Pines during his presentation and following that, he spoke to The Sun.

“I have not confirmed anything, there’s not much I can say until I have the details,” Kaleta said. “I’m committed to get something out as soon as possible. We all don’t like a state of uncertainty. Give us the answer, give us the resolution. I want that so I know what step two and three is.”

Kaleta said the plan for the park was, and still is, to have it remain as a mobile home park for the next generation.

“The deal, when I bought it, is public. I have to keep it like that, with no intent to develop; nor do I have that intent,” Kaleta said. “Now I have to figure out what it will be – RVs, mobile homes or something else?”

Kaleta said the property purchase by the LLC took place on Sept. 30, 2023 and since then there has been water in the units three times.

“At the end of the day, it’s Florida and it’s ground level,” he said. “I’ve been an advocate of making sure all the buildings we’ve built meet all the codes. Again the plan for this park is to remain what it was for the next generation. I can’t make determinations or statements until I have all the facts.”

Kaleta said he has yet to get anything in writing from the city of Bradenton Beach.

“I’m in the dark as to what will be done,” he said. “My understanding is once water has reached the floor, that FEMA does not allow those to be on the ground. They need to be elevated to a certain standard with pilings.”

He speculated that given the age of the Pines mobile homes, he didn’t know if it would be structurally feasible to raise them.

“My heart just goes out to everyone that’s affected, whether this is their first, their second or their third home,” Kaleta said. “Obviously we would prefer to have those residents there and be able to have that as the business situation we planned on having for 20-30-40 years down the road. This was not a short-term investment.”

He said his representative Sam Negrin will be releasing a formal statement.

“Sam is the one leading it and I want to make sure he gets the message out,” Kaleta said. “I’ve told him I would like it out today, but we have to have the details and the facts so we know what we’re talking about.”

Related coverage

County starts Cortez damage assessments

Pines, Sandpiper residents in limbo

Sandpiper Resort evaluating FEMA guidelines, damage assessments

Pines, Sandpiper homes deemed uninhabitable

Pines’ residents devastated by damage, ‘uninhabitable’ homes

Pines’ residents devastated by damage, ‘uninhabitable’ homes

BRADENTON BEACH – Pines Trailer Park residents Mary Mox and Lesley Mullaney are among those who’ve been told their mobile homes are considered uninhabitable, mostly due to flood damage sustained during Hurricane Helene.

Citing FEMA substantial damage guidelines and the city’s floodplain ordinance during the Oct. 17 city commission meeting, Bradenton Beach Building Official Darin Cushing offered his assessment that the flood-damaged mobile homes in the Pines Trailer Park are uninhabitable; as are the flood-damaged homes in the Sandpiper Resort Co-Op mobile park at the north end of the city.

After Thursday’s meeting, Mox and Mullaney sat on fellow Pines resident Joe Klingler’s swinging chair and lamented what’s transpired since back-to-back hurricanes struck the mobile home park they’ve long called home.

Trying to find a glimmer of joy in a devasting scenario, Mox and Mullaney joked about the amount of time they’ve spent on Klingler’s swing over the years.

“We’re the two old ladies that constantly bothered him, and he loves it,” Mullaney said.

Mox, an Ohio native, lived in the Pines seven months a year. Mullaney, a New York native, lived there full-time and has no other home.

Pines’ residents devastated by damage, ‘uninhabitable’ homes
Many Pines Trailer Park residents attended Thursday’s city commission meeting. – Joe Hendricks | Sun

When asked about the city meeting, Mox said, “I was disappointed. I really was.”

“At one point I felt we were being scolded, and that they felt that it was all about them and how hard they’ve been working,” Mullaney said. “Yes, they’ve been working hard every day and night. I get it, but these are our homes. This is my only home.”

“How long do we have to sort through stuff to try to keep pictures and stuff like that?” Mox said. “We don’t know.”

“We don’t know anything. I feel defeated and sad,” Mullaney said.

“I feel very let down,” Mox said.

Pines’ residents devastated by damage, ‘uninhabitable’ homes
The watermarks on this home in the Pines Trailer Park show how high Hurricane Helene’s floodwaters rose. – Joe Hendricks | Sun

Mulaney and Mox hold little hope that park owner Shawn Kaleta and his investment partners will provide any assistance or relief.

“I think we all know that,” Mullaney surmised.

During Thursday’s meeting, a Pines resident noted many in the park had already paid their October lot rent by the time the back-to-back hurricanes struck.

“I was wondering if there was any way to get our money back from the owner,” one resident said. “Our places are unlivable.”

In response, Kaleta representative Sam Negrin said, “It seems there’s a misconception there is just one owner. There are over 10. It’s an investment conglomerate. We cashed the October rent checks because we still have to pay our very high mortgage on the property. This will have to come up for discussion and there will be compassion shown.”

Then, now, next

“My husband’s been coming here for 76 years. We’ve been married for 54 years,” Mox said. “We came every year with our kids and we bought in here 32 years ago. We have supported this Island with our hearts and souls and the gal that spoke up for us at today’s meeting is to be commended. She said everything perfectly. We’ve been working for two solid weeks, pulling stuff out and trying to do things right and no one ever came along and said you might want to hold up. Basically, we’re out here by ourselves with no guidance from anybody.”

“My mom lived in #2 for over 17 years,” Mullaney said. “My husband and I would come down on vacation. We just loved it here. We couldn’t wait until we retired so we could buy a place here, and that’s what we did. I’m glad my husband just passed away because this would have killed him. He loved this place.”

Pines’ residents devastated by damage, ‘uninhabitable’ homes
These were among the more colorful mobile homes in the Pines Trailer Park. – Joe Hendricks | Sun
Pines’ residents devastated by damage, ‘uninhabitable’ homes
The mobile home on the left bears the moniker “Reel Lucky” and the one on the right says, “One more day.” – Joe Hendricks | Sun

Mox is currently staying at a friend’s vacant mobile home in Palmetto. Mullaney didn’t say where she’s staying.

As for what’s next, Mullaney, said, “I have no idea. This is my only home. Everything’s gone. When the claw came to pick up the stuff that we had emptied from the house, it was just a sickening sound. It went right through your bones. It was awful. I keep thinking I’m going to wake up from this nightmare and it’s not happening. I’m just going to put on by ‘big-girl’ panties and move forward.”

(Sun reporter Leslie Lake contributed to this story. The Oct. 17 city commission meeting video is archived at the Anna Maria Island Sun Facebook page.)

 

Related coverage:

Sandpiper Resort evaluating FEMA guidelines, damage assessments

Pines, Sandpiper homes deemed uninhabitable

 

One parking lot meets city deadline; three closed

One parking lot meets city deadline; three closed

BRADENTON BEACH – One of four paid parking lots owned by Shawn Kaleta was brought into compliance by the city’s Sept. 9 deadline for adherence to several requirements.

The applicants opted to close the remaining three lots at 102 Third St. N., 206 Bay Drive N. and 207 Church Ave.

Seven months after the city commission conditionally approved a one-year temporary use permit for paid parking at 101 Bridge St., all requirements there have been met, according to city Building Official Darin Cushing.

City commissioners voted unanimously on Sept. 5 to remove the sidewalk installation stipulation for the temporary use permits at Kaleta’s paid parking lots on Third Street and Bay Drive.

Sam Negrin, manager of Beach to Bay Investments Inc., a Kaleta-owned entity, told commissioners at the Sept. 5 meeting that Kaleta plans to build homes on the lots and said permits will be submitted within a couple of months.

“The permit packages are being worked on at this point,” Negrin said.

“The applicants for the temporary use parking lot permits came to last Thursday’s commission meeting to ask for a modification of their stipulations, essentially to not install sidewalks on the Third Street and Bay Drive lots as was originally stipulated,” Cushing wrote in a Sept. 11 email to The Sun. “The commission agreed, and that stipulation was removed.”

But on Sept. 9, Cushing said the applicants emailed city staff informing them that they now intended to terminate the operation of paid parking lots at those lots as well as the Church Avenue lot.

The parking lot stipulations from the Feb. 15 commission approval of the Bridge Street parking lot include no entrance or exit from Bridge Street, the installation of directional arrows, landscaping less than 3 feet high, a sidewalk north of Third Street South to hook into the corner sidewalk on Gulf Drive, trolley benches and a slab, and black and white signage, in addition to review and approval of the site plan by the building official. The one-year temporary use permit runs through Feb. 15, 2025.

In an Aug. 1 letter to Kaleta, Cushing wrote that he intended to barricade the lots on Aug. 9 with a permanent closure deadline of Sept. 6 if all the stipulations had not been met. The deadline was extended to Sept. 9 to allow for the repair of a leaking artesian well at 101 Bridge St.

The parking lots were barricaded by the city on Aug. 9, but reopened the following day after intervention by Kaleta’s Bradenton attorney, Louis Najmy.

City reduces sidewalk requirement for parking lots

City reduces sidewalk requirement for parking lots

BRADENTON BEACH – City commissioners approved a request last week to remove one of the requirements for two paid parking lots owned by developer Shawn Kaleta.

Sam Negrin, manager of Beach to Bay Investments Inc., a Kaleta-owned entity, spoke to commissioners at a Sept. 5 meeting about a sidewalk installation stipulation at the 102 Third St. N. and 206 Bay Drive N. parking lots.

“I’d like to apologize for how this whole situation has gone down from the start,” Negrin said. “We took the lots back over and we’re back on track and I’ve been working daily with Darin (city building official Darin Cushing) to get the parking lots up to the standards that you’re requiring making sure we’re meeting all your regulations.”

He then addressed the sidewalk stipulation that had been put in place in March by the commission.

“Essentially what’s being requested is these two very small patches of sidewalk at the ends of the two properties, abutting up against Third Street North,” Negrin said. “From my talks with Darin and his talks with the police chief, it seems the general consensus is these sidewalks might not be the greatest set of ideas, for a couple of reasons.”

Negrin said that Kaleta plans to build homes on the lots and that permits will be submitted within a couple of months.

“The permit packages are being worked on at this point,” Negrin said. “Within several months they will no longer be operating as parking lots. The point of this is to walk through this with you and see if it’s something you want us to rush into place for our deadline next week. It’s something that we can do. We’re just questioning whether that’s something you’re looking to have done.”

“You’re saying you’re going to build in a couple months? December?,” Commissioner Ralph Cole asked Negrin.

“No it’s a much longer process,” Negrin said. “We’ve had these plans in the works, they’re now out of the design phase. And we’re working on the permit packets to submit to Darin. He should see the permit submissions within the next couple months.”

Once the plans are submitted and approved, the temporary use permits on those lots will end, according to the stipulations that were put in place for approval in March.

“They serve their purpose for just a short couple months,” Negrin said. “We could start laying the sidewalks tomorrow, that’s not really the issue. The issue is does the city really want to have them?”

“My only concern is we’re getting ready to redo our entire stormwater system and I’d hate to see spot sidewalks all over the city that we’re probably going to wind up ripping out because we’re going to put pipe,” Bradenton Beach Police Chief and Interim Public Works Director John Cosby said. “We have lengthy conversations about mid-block swales to divert the stormwater that is coming. So until we know where we’re actually going to put our stormwater system, that may change the thought that the sidewalk needs to be at the pavement or it needs to be put further back in the right of way. I think there needs to be a little more thought on this.”

City commissioners voted unanimously to remove the sidewalk stipulation for temporary use permits for paid parking at lots on 102 Third St. N. and 206 Bay Drive N.

Homeowners’ property erroneously named in Kaleta lawsuit

Homeowners’ property erroneously named in Kaleta lawsuit

BRADENTON BEACH – Two city homeowners were surprised to see their property erroneously identified in a July lawsuit filed by Easy Parking Group (EPG) against developer Shawn Kaleta.

“I’ve never had any dealings with Shawn Kaleta or the parking company,” Mark Dexter, owner of 206 Church Ave., told The Sun on Aug. 30.

The Sun published a story on July 29 about the lawsuit complaint, which listed Dexter’s address as the location of a parking lot. The suit was filed in the 12th Judicial Circuit Court on July 18 and claimed fraudulent misrepresentation, unjust enrichment and breach of agreement by Kaleta and his Beach to Bay Investments Inc.

Easy Parking Group is represented in the lawsuit by Sarasota-based attorney Bailey Lowther.

“This may well be a mistake on my part,” Lowther told The Sun on Aug. 30. “I haven’t amended the complaint to verify the correct addresses.”

The suit followed the termination of Josh LaRose’s EPG parking management contract by Kaleta. LaRose is seeking damages in excess of $50,000.

The lawsuit alleges that Kaleta falsely represented that he, or Beach to Bay, owned or controlled the various properties in which EPG provided parking management and operation services. In that complaint, eight properties are listed, including the Church Avenue property owned by Dexter and Maria Trim.

It’s unclear what property Lowther intended to include in the lawsuit.

“EPG does not know if the actual legal property owners are even aware that their properties were used as private parking lots or if they received any portion of the resulting revenues,” according to the lawsuit.

EPG asked the court to order Kaleta to immediately identify the actual owners of each of the properties where EPG provided or agreed to provide parking management and operation services, identify the revenues, if any, received by each property owner from the operation as parking lots, and indemnify EPG from any actions brought by or damages owed to the actual owners of the subject properties.

Kaleta gets three extra days to fix parking lots

Kaleta gets three extra days to fix parking lots

BRADENTON BEACH – City building official Darin Cushing has given an extension of time to developer Shawn Kaleta to complete all city commission-required stipulations for temporary use permits for four paid parking lots.

The city has received and approved the site plans for the temporary use permits and has given Kaleta until Monday, Sept. 9 to complete the rest of the items stipulated by the commission, according to Cushing.

A professionally-designed site plan was a key component for the multiple conditions that had been put in place by the city commission before granting temporary use permits for the paid parking lots; 101 Bridge St. was approved on Feb. 15 and 206 Bay Drive N., 207 Church Ave. and 102 Third St. N. gained approval on March 21.

The extension of the deadline was granted in part due to a leaking artesian well at the Bridge Street site that is in the process of being capped.

“The well capping is still ongoing. I’m not sure how much more they have to do, but I do know the well turned out to be over 300 feet deep, and the entire length has to be filled with concrete, which cannot all be done in one day,” Cushing wrote The Sun. “We are monitoring the progress, as are SWFWMD and Manatee County.”

In an Aug. 1 letter to Kaleta, Cushing had written he intended to barricade the lots on Aug. 9 with a permanent closure deadline of Sept. 6 if all the stipulations had not been met.

“To date, very few, if any of these stipulations have been met, first and foremost, the presentation of professionally designed site plans in order to demonstrate that all of the other stipulations are being adhered to,” he wrote.

The parking lots were barricaded by the city on Aug. 9, but reopened the following day after intervention by Kaleta’s attorney, Louis Najmy.

The parking lot stipulations for commission approval at 101 Bridge St. include no entrance or exit from Bridge Street, installation of directional arrows, installation of landscaping less than 3 feet high, sidewalk installation north of Third Street South to hook into the corner sidewalk on Gulf Drive, installation of trolley benches and slab, installation of black and white signage and review of the site plan by the building official. The one-year temporary use permit runs through Feb. 15, 2025.

Some of the stipulations for 206 Bay Drive N., 102 Third St. N. and 207 Church Ave. included the building owner submitting a building permit application or land development approval request within eight months of the temporary use permit approval and limiting the parking of cars, with the number of parking spaces to be approved by the building official on a site plan.

Parking lot shutdown short lived

Parking lot shutdown short lived

BRADENTON BEACH – Less than 24 hours after the Aug. 9 city closure of Shawn Kaleta’s four paid parking lots, the lots were reopened following the intervention of Kaleta’s attorney, Louis Najmy.

The paid parking lots at 101 Bridge St., 206 Bay Drive N., 207 Church Ave. and 102 Third St. N. were granted temporary use permits by the city commission subject to multiple stipulations, including the submission of a professionally drawn site plan to the city building official for approval.

Building Official Darin Cushing said most of those stipulations had not been fulfilled, and on Aug. 1, he sent Kaleta a letter that stated his intent to barricade the parking lots on Aug. 9 with a permanent closure deadline of Sept. 6 and revocation of the temporary use permit, if all the stipulations for city approval had not been satisfied by that time.

On Aug. 9, with police vehicles onsite, barriers were placed at the parking lot entrances, and the payment kiosks and signs were covered, but by Aug. 10 the parking lots were back in business.

Mayor John Chappie told The Sun on Aug. 10 that the barriers were not removed by city staff and that the process is currently in abatement, meaning temporarily suspended.

After a meeting on Monday morning among city officials to discuss how to proceed, Chappie said the issue remains “under review” by the city.

BUILDING OFFICIAL WEIGHS IN

“The applicants sent me some site plans via email earlier this week, but they are not satisfactory to meet the after-the-fact stipulations and requirements that were set forth by the commission,” Cushing wrote in an Aug. 9 email to The Sun. “They started to put in some of the landscaping around the Bridge Street lot, but again, they need to submit a site plan showing the landscaping and other items that were stipulated, get it approved and then do the work, in order to get final approval of the temporary use permits.

“I gave them until today to get that done. Though they keep assuring me that they are scrambling to get this done, it’s too little, too late at this point,” Cushing wrote in the email. “So yes, I will be shutting the lots down by close of business today. In the letter that was sent to the property owner, I also gave them until Friday, Sept. 6 to have everything completed and approved or we will then revoke the temporary use permits, and the signs, parking stops and everything related to the parking lots will have to be removed.”

“Darin (Cushing) is doing a great job and he has my support,” Chappie said.

KALETA’S ATTORNEY RESPONDS

“This was much ado about nothing. It was resolved in less than five hours,” Najmy wrote in an Aug. 10 text to The Sun, blaming the issue on “a miscommunication between departments at the city.”

Najmy said the process of closing the parking lots requires due process through the city’s code enforcement department.

“Actions to block access and possession and business operations require due process,” Najmy wrote. “We all want this. Totalitarian regimes outside of the U.S. don’t require due process but the U.S. and State of Florida do.”

Chappie said the city commission does have the right to revoke the temporary use permits. They were granted on Feb. 15 for 101 Bridge St. and on March 21 for the other three lots.

“Maybe the city had a different property than my client’s properties to close off, but the city certainly had no ability, nor as they told me any desire, to do this and after talking with the city leaders they confirmed the goal to continue working together to get these much-needed improvements and operations in place that Mr. Kaleta is generously investing for the entire city’s benefit,” Najmy wrote. “Although Mr. Kaleta suffered some financial loss from this error yesterday, he is contemplating working it out with the city, once again to the city’s benefit. He appreciated their cooperation so far on this matter.”

Kaleta’s parking lots have been up and running with parking rates of $15 an hour since February, illegally, according to the city.

“The actual permits have never been approved and are currently sitting in an under-review status,” Cushing wrote in the Aug. 1 letter to Kaleta. “Furthermore, the parking lots have all been in operation since February of this year, technically illegally, as they have never been approved by the Planning and Zoning Department.”

Cushing wrote that the applications for the temporary use permits were submitted after the fact, as the paid parking lots were all created and put into operation prior to any application being made to the department.

Najmy wrote that Kaleta plans to satisfy the outstanding stipulations as soon as possible.

“They respect the city’s desire and need for this. It will be done ASAP now that we have control back. It will be done right this time,” he wrote. “These stipulations require the outlay of money and, once again, Shawn is the only one willing to do that for the benefit of the improvement to the city but yet he gets attacked for doing so. It’s the classic case of the negative spirits biting the hand that feeds them.”

Easy Parking Group’s Josh LaRose contracted with Kaleta in January to run the parking enforcement and operations of the lots. On July 12, Kaleta terminated the contract with LaRose and on July 18, LaRose filed a lawsuit against Kaleta and Beach to Bay Investments Inc. claiming fraudulent misrepresentation, unjust enrichment and breach of agreement.

City imposes deadline to close parking lots

City imposes deadline to close parking lots

BRADENTON BEACH – With city-imposed closure deadlines looming, time is running out at Shawn Kaleta’s four paid parking lots.

City commissioners put multiple conditions in place before granting temporary use permits for the paid parking lots; 101 Bridge St. was approved with stipulations on Feb. 15 and 206 Bay Drive N., 207 Church Ave. and 102 Third St. N. gained approval, also with stipulations, on March 21.

Most of the agreed-upon conditions remain unfulfilled, according to City Building Official Darin Cushing. In an Aug. 1 letter to Kaleta, Cushing said he intends to barricade the lots on Aug. 9 with a permanent closure deadline of Sept. 6 if all the stipulations have not been met.

Cushing’s letter reads in part: “To date, very few, if any of these stipulations have been met, first and foremost, the presentation of Professionally Designed Site Plans in order to demonstrate that all of the other stipulations are being adhered to.”

Cushing noted in his letter that the commission approved the applications for temporary use permits contingent on administrative site plan approval by the building official.

“The actual permits have never been approved and are currently sitting in an ‘under review’ status,” he wrote. “Furthermore, the parking lots have all been in operation since February of this year, technically illegally, as they have never been approved by the Planning and Zoning Department.”

Cushing wrote that the applications for these temporary use permits were submitted “after the fact,” as the paid parking lots were all created and put into operation prior to any application being made to the department.

Cushing closed the letter with: “We have no choice but to close the parking lots for use, until such time that we receive the required documentation, and all of the above-mentioned stipulations have been met. We will be barricading the entries and covering the pay kiosks and signs on Friday, Aug. 9, 2024. If by Friday, Sept. 6, 2024, we have not received 100% compliance with the stipulations for approval, we will revoke the applications, and all of the modifications that have been made on these parcels will have to be removed.”

Sam Negrin, manager of Kaleta’s Beach to Bay Investments Inc., responded on Aug. 2 to The Sun’s request for comment by text: “Our new parking management company, Island Parking, has taken over as of July 12th and has been working diligently to get the city’s requests completed. We look forward to meeting all of their requirements to remain operating.”

STIPULATIONS FOR APPROVAL

All the temporary use permits for the four lots were granted for one year. Stipulations included a review of a professionally-prepared site plan by the building official, active insurance to be carried by the property owner and production of a business tax receipt to the city clerk. The plans to be submitted to the building department are required to include requested parking spaces, golf cart parking dimensions, ADA compliance and adequate ingress and egress.

The parking lot stipulations for approval at 101 Bridge St. included no entrance or exit from Bridge Street, directional arrows, landscaping less than 3 feet high, sidewalk installation north of Third Street South to hook into the corner sidewalk on Gulf Drive, trolley benches and slab, black and white signage and review of site plan by building official. The one-year temporary use permit runs through Feb. 15, 2025.

There currently remains a driveway leading onto Bridge Street from the parking lot, the sidewalk and slab have not been installed and there are no directional arrows. A leaking artesian well is in the process of being capped.

Some of the stipulations for 206 Bay Drive N., 102 Third St. N. and 207 Church Ave. include the building owner submitting a building permit application or land development approval request within eight months of the temporary use permit approval, permits that will expire on March 21, 2025, and a limit on the number of parking spaces to be approved by the building official on a site plan.

A sidewalk is to be installed along Church Avenue with details to be approved by the building official for the Church Avenue lot, along with landscape buffering and the installation of a privacy fence along the northern and southern property lines. A sidewalk is to be installed along Third Street North along with landscape buffering for the 102 Third St. N. lot.

LaRose sues Kaleta over parking contract termination

LaRose sues Kaleta over parking contract termination

BRADENTON BEACH – Following Shawn Kaleta’s termination of Easy Parking Group’s (EPG) contract to manage a Bridge Street parking lot, EPG owner Josh LaRose has filed a lawsuit against Kaleta and Beach to Bay Investments Inc. seeking damages in excess of $50,000.

The lawsuit, filed in the 12th Judicial Circuit Court on July 18, claims fraudulent misrepresentation, unjust enrichment and breach of agreement. The summons was served on the registered agent for Beach to Bay Investments, attorney Louis Najmy, on July 25. He has 20 days from then to respond on behalf of Kaleta, the president of Beach to Bay Investments. Kaleta is the only principal listed for the LLC on the Florida Division of Corporations website.

LaRose entered into the agreement on Jan. 12 with Beach to Bay Investments to provide management and operation services in exchange for a percentage of the net revenues generated by Kaleta’s parking lots, after agreed improvements and startup costs were repaid by Kaleta and basic operating expenses deducted from the gross revenues.

The initial term of the agreement was one year, with termination permitted without cause after the first six months with 30 days written notice.

On June 11, LaRose received a letter from Beach to Bay Investments Manager Sam Negrin terminating the agreement effective July 12, six months from the contract’s inception.

Negrin wrote The Sun in a text message on July 28 that EPG owes money to Beach to Bay.

“We are surprised they sued in response to our letter seeking payment,” he wrote. “We look forward to resolving the issues and recovering the funds owed to us.”

BREACH OF AGREEMENT CLAIM

The letter to LaRose states in part, “All meter equipment, signage, parking equipment and other equipment installed on the parking lots must be removed by July 26, 2024 or they will become the property of Beach to Bay Investments Inc.”

The suit claims that immediately after sending the notice of termination, and prior to July 12, Beach to Bay and/or Kaleta entered the parking lots and removed EPG’s parking app signs, installing new signs with instructions for making payment using a payment app, QR code or Text to Pay system with payments sent directly to Kaleta or his affiliate. Replacement parking meters also were installed and tape was placed over EPG parking meters, according to the complaint.

“The agreement prohibits Beach to Bay from terminating the services prior to July 12, 2024 and also prohibits the removal of parking meters and payment signage installed by EPG,” according to the complaint.

FRAUDULENT MISREPRESENTATION CLAIM

The lawsuit alleges that Kaleta falsely represented that he, or Beach to Bay, owned or controlled all the properties on which EPG provided parking management and operation services.

“Shortly after entering into the agreement, Kaleta, the president of Beach to Bay, tore down various structures on three additional properties immediately adjacent to 219 Gulf Drive S. (the property identified in the agreement), namely 101 Bridge St., 105 Bridge St. and 106 Third St. S., and asked EPG to expand its parking management and operation services onto the newly empty land. Kaleta did not tell EPG that the adjacent properties were legally separate and distinct from 219 Gulf Drive S., with different municipal addresses and owners, but rather represented that they were part and parcel of 219 Gulf Drive,” the complaint states.

“EPG does not know if the actual legal property owners are even aware that their properties were used as private parking lots or if they received any portion of the resulting revenues,” according to the complaint.

EPG asked the court to order Kaleta to immediately identify the owners of each of the properties where EPG provided or agreed to provide parking management and operation services, identify the revenues, if any, received by each property owner from the operation as parking lots and indemnify EPG from any actions brought by the owners of the properties.

EPG also provided parking management and operation services for Bradenton Beach properties at 206 Church Ave., 207 Church Ave., 102 Third St. N. and 202 First St. N.

The Manatee County Property Appraiser’s office website lists the owner of 206 Church Ave. as D&C Properties of Tampa LLC, with Maria Trim and Mark Dexter of Tampa as principals.

“While all of the properties but one (219 Gulf Drive S.) are owned by LLCs that are effectively owned, at least in part, and/or managed by Mr. Kaleta, Easy Parking Group provided its services under the impression that all of the properties were owned exclusively by Mr. Kaleta and/or Beach to Bay Investments Inc.,” LaRose’s Sarasota-based attorney, Bailey Lowther, wrote in a July 27 email to The Sun. “Accordingly, all of the parking revenues from the various lots paid by EPG were deposited into the same bank account, presumably belonging to Beach to Bay. If Beach to Bay failed to distribute those revenues properly, i.e. to the LLCs that owned the parking lot properties, EPG potentially faces claims from those LLCs.”

If one or more of those LLCs has members other than Kaleta, Lowther said it raises potential questions that include whether or not all the members of the LLC knew and consented to the property being used as a parking lot, and whether the LLC members received their fair share of the revenues.

“Depending on the ownership and operating agreement of each particular LLC, if the answer to any one of the questions is ‘no,’ my client could very well be sued by one or more of the LLC property owners,” she wrote.

Beach to Bay’s Negrin disputes the claim that Kaleta was using properties he wasn’t entitled to use.

“He is either the owner or agent of all of the properties,” Negrin told The Sun on July 27.

“With respect to 219 Gulf Drive S., which is owned by AMI Plaza LLC, Mr. Kaleta told my client, and the agreement specifically states, that property was owned by Beach to Bay Investments Inc.,” Lowther wrote. “Also, all of the questions above, and my concerns about the potential liability of my client, are applicable to the owner/landlord of 219 Gulf Drive S.”

According to the Florida Division of Corporations website, the owner of AMI Plaza LLC is Firkins Nissan. Registered agent William Saba confirmed in a July 27 telephone interview with The Sun that Kaleta leases the property from him.

“We have a written lease agreement,” Saba said. “Shawn is entitled to use the property.”

UNJUST ENRICHMENT CLAIM

“EPG, in providing its parking management and operation services, including but not limited to undertaking and incurring inception and start-up activities and costs, to Beach to Bay and Kaleta, conferred benefits on Beach to Bay and Kaleta,” according to the lawsuit complaint. “The reception and retention of the benefits conferred by EPG by Beach to Bay and Kaleta is inequitable unless Beach to Bay and Kaleta are required to pay EPG for the value of the benefits.”

Commission terminates parking talks with Kaleta

Commission terminates parking talks with Kaleta

BRADENTON BEACH – City commissioners voted unanimously on July 18 to terminate parking lot management agreement discussions with Beach to Bay Investments Inc. for a paid parking lot between Church and Highland Avenues.

Beach to Bay, with Shawn Kaleta as president, was the sole bidder in the city’s Request for Proposal 2024-03 to improve the city parking lot and begin charging for parking. The lot is located directly across from the city’s Public Works department.

At the beginning of the July 18 city commission meeting, Mayor John Chappie showed a PowerPoint presentation with pictures he had taken of the 101 Bridge St. lot showing flooding caused by a leaking artesian well.

The Bridge Street parking lot is owned by Kaleta and was approved for temporary use by the city in February, subject to stipulations that have not been met, Chappie said.

“I would like to start out with some things. In my reviewing of the information and from past meetings and documentation and materials that have been provided, I continue to have concerns with the proposed agreement,” Chappie said.

Chappie read from the proposed parking lot management agreement.

“In starting with the parking lot management agreement itself in particular it states, ‘whereas the parties hereto being of like mind and intent believe that the provision of quality, attractive, landscaped and paid parking facilities will advance their common goal,’ ” he read. “I don’t believe we are of like mind or intent and I say that after going through and looking at the four previously approved temporary use parking that have been made by the city of Bradenton Beach.”

Chappie was referring to parking lots at 102 Third St., 206 Bay Drive, 207 Church St., and 101 Bridge St.

“All four of these temporary use permits that have been previously approved are operating right now but none of the properties have followed through with or completed the required stipulations,” Chappie said.

He concluded his presentation with pictures of the flooding at the Bridge Street parking lot caused by a leaking artesian well.

“Again, the pictures clearly show they haven’t followed through at any of the places with the stipulations and guidelines we put forward in making that approval,” Chappie said. “All these properties are owned by the same corporation or individual. I’m not satisfied at all with the management of the properties. On this basis, I’ve come to the conclusion I don’t see how we can possibly go through with this agreement with someone who I don’t consider to be qualified from past experiences.”

Chappie also noted a discussion from a previous meeting about a cap on parking rates at the public works lot.

“I listened to the tape again and Sam (Sam Negrin of Beach to Bay) did make a statement which I took to offer up about the cost that would be charged per hour,” Chappie said. “I think Jan (Commissioner Jan Vosburgh) mentioned it and Ralph (Commissioner Ralph Cole) mentioned it as well that Sam stated that the $5-$10 range that Beach House is charging, somewhere in that range would be fair.”

NO SITE PLAN, NO DEAL

Chappie said that Building Official Darin Cushing had not received a requested site plan for the parking lot.

“The normal everyday operations of public works and the police department are a top priority. With the drawing we did have I know it would negatively impact the operations of public works and PD to some degree as well,” he said. “These are the reasons I don’t feel comfortable with the management choice, I was okay with it at first, but looking back at the examples of their operations in the city, I don’t think we should enter into an agreement for the cell lot.”

Commissioner Ralph Cole, who moved to terminate discussions with Beach to Bay, agreed with Chappie.

“I have to agree with you about the other parking lots and the fact that the same company hasn’t done what they said they were going to do,” Cole said. “What’s to prevent them from putting food trucks in other parking lots?“

A food truck has been parked at the Bridge Street lot for about the past week.

“We still don’t have a site plan, so we really don’t know what we’re looking at in a permanent way and I’m really not comfortable with the pricing,” Commissioner Deborah Scaccianoce said.

Vosburgh said she’s always felt uncomfortable about approving the agreement.

During public comment, Ingrid McClellan, vice chair of the Scenic WAVES committee, spoke.

“I had a concern with the parking lot on Gulf Drive. That’s on the Bradenton Beach Scenic Highway and that does not look scenic at all,” she said.

In response to a question from Scaccianoce as to whether the commission could terminate the discussion, City Attorney Ricinda Perry advised the commissioners.

“Under the RFP process, it puts the city in a position of we have to negotiate in good faith, so then the question becomes has the city negotiated in good faith up to this point? Part of negotiations is the city doing its homework and making sure whatever it is purchasing and contracting for, it meets your expectations,” she said.

Perry commented on the photo of the flooded lot on Bridge Street.

“I would note that the image before you that is not after a rain, that is an existing concern that the city has put in writing and asked to have that remediated a number of times,” she said. “The artesian well has not been fixed and water continues to go down the public streets. Also, you can see the overgrowth, the haphazard poles, the lack of appropriate ground cover and there were other stipulations that have not been met.”

She said she and the mayor have had discussions about other uses that are coming onto the site.

“When you see that your expectations are not being met, on not one thing, not two, not three, but more than four, it does raise the question can they meet your expectations? One of the CRA goals is to beautify the district and, as Ingrid said, this certainly is not scenic. This is not beautification that meets the expectations of this board.”

“With (the city’s) appropriate due diligence and that there has not been appropriate follow through with site plans, and with the existing parking lots, I believe that we have negotiated in good faith,” she said. “I believe that you’re in a position now where you could essentially terminate negotiations that have failed and you could articulate what those reasons are.”

She said the three reasons are that expectations have not been met, the requirements of a site plan and the requirements established and articulated by the building official have not been met, and commissioners do not feel that they could come to terms with the amount charged.

“I feel very comfortable that the city is in a good position to terminate the negotiations based off the discussion today,” Perry said.

Kaleta and Negrin were not at the meeting and did not respond to requests for comment by The Sun.

City threatens shutdown of Bridge Street parking lot

City threatens shutdown of Bridge Street parking lot

BRADENTON BEACH – A city-threatened shutdown of the paid parking lot at 101 Bridge St. prompted its management to begin to fix one long-standing issue, but due to non-compliance with other city requirements, a temporary closure of the lot may still be imminent, according to the city’s building official.

The property, owned by developer Shawn Kaleta, has been operational since earning commission approval in February for temporary use as a paid parking lot. That approval by the commission was conditional on stipulations, including the submission of a site plan, that have not been fulfilled, according to city officials.

“I gave them until last Friday, July 12 to get things tightened up, or we would barricade off the lot and not allow it to be used for parking until there was progress being made to rectify these issues,” Bradenton Beach Building Official Darin Cushing wrote in a July 15 email to The Sun. “The representative immediately responded and began working toward resolution and has been in daily contact with myself and the code enforcement officer, therefore we did not shut them down.”

On July 8, Cushing sent Kaleta’s representative, Sam Negrin, the following email:

“The Temporary Use Parking Lot is getting out of hand, yet again. If several issues are not addressed ASAP, we will be forced to barricade and close off the parking lot until they are addressed.

“First and foremost, the artesian well onsite is once again leaking and spreading water all over the lot, and down the street toward the Bay. It needs to be PERMANENTLY capped off immediately, not just temporarily.

“Electronic pay station kiosks have recently been added without any permitting. We were supposed to have been provided with a final site plan for the entire lot months ago as a condition of the temporary use that was approved in February.

“Again, we need a true site plan, prepared by a civil engineer, showing all of the dimensions, number and location of parking spaces, location of the added slabs, location of the pay kiosks and other signage, ingress and egress (traffic circulation), the post and rope that was installed, and anything else that has been added or modified since the lot(s) were vacant. A hand or computer-generated ‘sketch’ won’t cut it, we need a site plan.

“This parking lot has been in operation for five months now, during which time we have had to continually address the well issue. We’ve also asked multiple times for a site plan to be prepared and turned in for the temporary use permit file.

“Please make these things happen. If they have not, by close of business on Friday (7/12/24) of this week, the lot will be shut down, and the area barricaded permanently, and the temporary use permit revoked. Thank you for your prompt attention to this matter.”

“After I sent them the email, they did contract with someone to cap the artesian well. It’s been leaking for a long time,” Cushing said on July 16. “I still don’t have a site plan and there are other issues that haven’t been taken care of. I still may be shutting it down temporarily in the next few days until these things are done.”

Cushing said the artesian well is next to Florida Power and Light equipment and the repairs to the well need to be coordinated with the power company.

“That well needs to be dug deep,” he said.

UNMET STIPULATIONS

On Feb. 15, the city commission voted unanimously to approve the one-year temporary use permit for paid parking at the lot which encompasses 101 Bridge St., 105 Bridge St., 219 Gulf Drive S., and 106 Third St. S. with the following conditions:

• No ingress or egress from Bridge Street;

• Parking layout in accordance with the city’s land development code for parking drive aisle, parking bumpers and directional arrows;

• Turtle-friendly lighting at the lot management’s discretion;

• Landscaping buffering around the perimeter;

• Installation of a sidewalk on the north side of Third Street to Gulf Drive and Bridge Street at the corner of Gulf Drive to the boundaries of the Daiquiri Deck property;

• Installation of a concrete slab for trolley benches;

• CRA black and white signage; and

• ADA requirements by state and federal law for any parking spaces with a detailed site plan to the satisfaction of the building official.

In addition to the site plan not having been produced to the city, there currently exists ingress and egress from the lot to and from Bridge Street, landscape buffering has not been installed, no directional arrows are in place and the required sidewalks and concrete slab have not been installed.

Despite a statement made by Negrin at the February meeting that there would be no overnight parking at the lot, a food truck has been parked there for at least the past week.

Neither Negrin nor Kaleta responded to The Sun’s request for comment.

CHANGE IN MANAGEMENT

The parking lot was, up until the past week, managed by Easy Parking Group of Sarasota before the contract was terminated by Kaleta and new kiosks were put in place.

The new kiosks, which now say “Island Parking” show a parking rate of $15 per hour.

Josh LaRose, owner of Easy Parking Group, declined to comment on details of the termination.

“We did not do anything to default the contract with Shawn,” LaRose wrote in a July 16 email to The Sun.

LaRose wrote he was not responsible for the maintenance of the parking lot.

“My contract states that I’m only responsible for parking management, collecting payment and enforcement, which is what my company does,” he wrote.

During the February commission meeting, Negrin had stated that LaRose would hold the insurance on the property. With LaRose no longer affiliated with the management of the parking lot, it’s unclear who, if anyone, is carrying insurance.

CANCELED TAX SALE

A tax deed sale for past due property taxes on 101 Bridge St. was scheduled for Sept. 19 and according to the www.manatee.realforeclose.com website, the sale was canceled and the property was redeemed.

The assessed value of the property was listed at $1,086,406 and the opening bid for the tax sale was listed as $67,512.85 with 205 Sycamore LLC as the listed property owner. The manager of that LLC is Shawn Kaleta and the registered agent is Najmy Thompson, a Bradenton-based law firm.