Hillsborough County Public Schools Superintendent Office
Action Item

DATE: Tuesday, April 20, 2010
TO: School Board Members
FROM: MaryEllen Elia, Superintendent

SUBJECT / RECOMMENDATIONS

Approve Tentative Settlement of D.R. Horton v. The School Board of Hillsborough County, Florida.

EXECUTIVE SUMMARY

The School Board attorney recommends approval of the tentative settlement of this lawsuit which was brought by D.R. Horton seeking recovery of costs incurred by Horton in completing the extension of Eagle Palm Boulevard pursuant to the purchase agreement between the Board and Crescent Resources. In that agreement, by which the Board acquired the property necessary to build Spoto High School, the Board agreed to build the road extension in return for a reduction in the purchase price. The School Board was unable to complete the road before the completion date provided by the purchase agreement, due to questions involving ownership of the land on which the road was to be built. Horton, which purchased the rights of Crescent Resources, completed the construction and demanded payment of the expenses it paid. The School Board attempted to settle the claim in 2008 but Horton broke off the discussion and filed suit, seeking $189,000.00 in damages, interest, and attorney’s fees. The tentative agreement obligates the Board to pay $80,000.00. This sum is $20,000.00 more than the Board was willing to pay in 2008. The cost to the Board if the matter were to be tried would exceed $20,000.00. The School Board attorney therefore believes the settlement to be in the best interests of the District.

ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)

All Strategic Objectives

FINANCIAL IMPACT (Budgeted: No)

$80,000.00

EVALUATION

SUBMITTED BY:



Thomas M. Gonzalez
School Board Attorney
813-273-0050
A 8.02
Hillsborough County Public Schools (Florida) * Mtg.#20100420_398 * Section A Item# 8.02