'We have done everything we could': Palm Coast to recoup $2.3 million in splash pad settlement

The settlement ends a four-year lawsuit between the city and contractors who initially began work on the splash pad in 2018.


The James F. Holland Memorial Park splash pad reopened on July 3. Photo by Sierra Williams
The James F. Holland Memorial Park splash pad reopened on July 3. Photo by Sierra Williams
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The Palm Coast City Council has reached a $2.375 million settlement in the four-year lawsuit over Holland Park's faulty splash pad. 

Palm Coast was asking for $2.4 million in damages, and worked through multiple mediations to get the defendants up to $2.375 million. The damages recover the costs associated with construction, design defects and repair of those defects specifically related to the splash pad, according to a city press release.

The City Council unanimously approved the settlement agreement at its Feb. 17 meeting. 

“We have done everything we could to recoup as much money as we could,” Mayor Mike Norris said. “This is our best resolution so far.”

The splash pad was a part of the second phase of a renovation at James F. Holland park that began in 2018. This phase cost $6.2 million, including new playground equipment, covered pavilions, improved lighting and the splash pad. 

The park reopened in May 2021, but closed just months later in October after the flooring began to delaminate. 

A comprehensive engineering evaluation in June 2022 identified “substantial design, construction and installation deficiencies, including non-compliant surfacing materials, drainage failures, water loss issues, and other system defects that prevented the splash pad from operating as intended,” the press release said.

Palm Coast sued the contractors involved in 2022.

After two additional years of reconstruction work, conducted by Sabounji Construction, the splash pad reopened to the public in 2024. It has since been a popular amenity for Palm Coast families. It closes every winter season for maintenance and will reopen for the spring season on March 1, 2026.

None of the current City Council members were on the council during the Holland Park renovations or the following decision to sue the companies involved. 

The city managed to recoup everything it asked for except for around $25,000. Councilman Dave Sullivan pointed out that the city was at the “point of diminishing returns” if the lawsuit continued on and the rest of the council agreed.

Vice Mayor Theresa Carli Pontieri, who is an attorney, said she felt the council fought hard for the settlement. Speaking from her experience as an attorney, Pontieri said that even if they did win the lawsuit, there would still be the appellate court to deal with. 

“We’re litigating against multiple parties,” she said. “If any one of them appealed, four years from now we would still be having this conversation.”

Councilman Ty Miller pointed out, for the public’s benefit, that the city was only legally allowed to go after damages associated with the failed portion of the project. 

“We got basically everything we could,” Miller said.

 

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