HOLMES BEACH – City leaders may not be completely happy with the terms, but a settlement agreement has been reached between them and developer Shawn Kaleta concerning the Bali Hai Beach Resort, Islands West and the developer’s properties at the Coconuts Beach Resort.
Commissioners voted unanimously on Feb. 27 to approve the agreement reached during a recent shade (private) meeting, bringing to an end several different lawsuits. As a part of the agreement, each party is responsible for their own legal fees.
“Our position as a city is compliance,” Mayor Judy Titsworth said. “We felt really strongly on our side that regardless of where this took us, we didn’t have a site plan on Bali Hai. That’s why it was so important to me number one, to move on, but also to address all the different properties and have closure and compliance and something to move forward with.”
“It’s a fresh start and I think it’s good for both of us,” Commissioner Terry Schaefer said.
BALI HAI
In resolving the code compliance and permitting issues with the Bali Hai, the settlement agreement states that city leaders will cancel any outstanding fines and refund any fines already paid. In return, Kaleta agreed to submit a site plan for the property at 6900 Gulf Drive to the city’s building department within seven days to be processed as a minor site plan review.
City leaders also agree to review and sign off on any liquor license request for the hotel.
The hotel’s ownership also agrees to obtain any necessary after-the-fact permits needed for construction on the property.
Titsworth said that she was happy that the city will finally have a full site plan on file for the hotel.
COCONUTS BEACH RESORT
Regarding three units at the Coconuts Beach Resort, both parties agree to disagree on length of stay, however they agree that the units are allowed to be legally rented on a nightly basis. In return for Kaleta dismissing related lawsuits, city leaders agree to refund all code enforcement fines and administrative costs paid due to code compliance special magistrate hearings.
ISLANDS WEST
The Islands West property at 3605 Gulf Drive received legally nonconforming status as a result of the settlement, allowing the eight units on the property to be rented on a nightly basis. City leaders agreed to refund all fines and waive any unpaid fines incurred for renting the units on a nightly basis.
Kaleta and city leaders also agreed to issue a joint statement to be printed in both Anna Maria Island newspapers at the city’s expense. The statement, bearing both Kaleta’s and Titsworth’s names, states, “The city of Holmes Beach and Mr. Shawn T. Kaleta wish to publicly express their shared regret concerning any real or perceived animosity or ill-will between them. Although the current mayor and commissioners do not believe they have personally acted in this regard, no favor is gained by any city employee or official treating Mr. Kaleta or his partners and related entities differently than anyone else or unequally and targeting Mr. Kaleta and his properties will not be permitted as may have happened in the past. No benefit is gained by violating the city’s ordinances or performing work without appropriate permits. Compliance with all applicable statues, ordinances and regulations is expected of every citizen, property owner, business, visitor and the city. The city and Mr. Kaleta are committed to moving forward to working together to balance and advance the interests of all the city’s residents, visitors, tourists, businesses, property owners and stakeholders.”
Attorney Jay Diagnault, representing the city, said his office would monitor the actionable items in the agreement to make sure all of the terms of the settlement are properly executed.
