Title: Approve Ammendment to Coral Trace Settlment Agreement

Recommendation:
I recommend the School Board approve an Amendment to Settlement Agreement attached hereto with Coral Trace Homeowner’s Association, Inc., et al., and authorize the Chairman and Superintendent to execute all related documents.

Description:

• On April 21, 2004, the School Board approved entering into a Settlement Agreement with Coral Trace to settle all matters associated with the impacts of the construction of the new Atlantic Community High School adjacent to the Coral Trace development.
• One of the obligations of the School Board was to contribute $10,000 toward the purchase of nursery products that could be planted along the borders between the Coral Trace development and the Atlantic High and within the Coral Trace development to buffer its homes from view of the School.
• The School Board was also obligated to have these plants delivered to the site and installed in the locations designated by Coral Trace.
• Coral Trace provided a list of the quantity, type and size of plants that they desired to be purchased using the School Board’s $10,000 and provided information on pricing quotes they obtained from several area nurseries showing that the quantity, type and size plants listed could be obtained for the $10,000 budget. 
• School Board staff then obtained prices from one of its nursery vendors for the purchase, delivery and installation of the same quantity, type and size plants.  The total estimated price quoted was $25,835.00.
• Because of the logistical difficulties associated with purchasing and installing plants for Coral Trace and the inevitable dissatisfaction with the quality of the plants, actual location of the plantings and timing of completion, School Board counsel proposed that the parties agree to amend the Settlement Agreement to provide that the School Board make a $20,000 payment to Coral Trace in full and complete satisfaction of the School Board’s obligation to purchase, deliver and install the $10,000 worth of plants.

Financial Impact:
The financial impact to the Capital Projects Fund Budget is $20,000.

For Additional Information, contact:
Gerald A. Williams, Esq., Chief Counsel (williamsg@palmbeach.k12.fl.us)

Attachments (list):
Amendment to Settlement Agreement 11-18-05.pdf
Settlement Amendment Checklist.pdf