·        The Wall Agreement required the Castros to contribute $18,000 toward the cost of the wall construction, payable in two $9,000 payments.  The first payment was made as required. 

·        In May 2003, the parties entered into a Settlement Agreement and Full and Final Release that called for the second $9,000 payment to be made within 30 days after the wall was completed.   The wall was completed on September 16, 2003 and despite several written demands for payment, the second $9,000 payment was not remitted.

·        Counsel for the Castros raised a number of issues ranging from complaints that the actual cost of the wall was less than originally estimated to wall construction material to the width and location of the Castros’ driveway which was redone as a part of the Dillman Road widening project to installation of sodding along the front of the Castros property.

·        In November 2003, the Board approved filing suit against the Castros to obtain the second $9,000 payment.  Protracted negotiations ensued regarding the alleged failures of the School Board and its contractors and the Castros eventually proposed to contract and pay for all of the corrective work in exchange for a $3,307.20 credit against the $9,000 second payment.

·        On July 14, 2005, the Castros tendered payment in the amount of $5,692.80 as a full and final payment.

• In the event that the Board does not wish to settle this matter, Chief Counsel will file suit pursuant to the November 2003 authorization to attempt to recover the entire $9,000.