Vote: approved

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49. DECLARE REAL PROPERTY AS SURPLUS PROPERTY AND APPROVE A LAND EXCHANGE WITH CITY OF PHOENIX Declare two County-owned real estate parcels located at 355 N. 5th Avenue and 358 N. 5th Avenue in Phoenix to be surplus property. Approve and authorize the Chairman of the Board to execute, an Intergovernmental Agreement (IGA) with the City of Phoenix (City) for the exchange of real property. Authorize the Chairman of the Board to execute all necessary documents approved by County Counsel to complete this real property exchange. Authorize the due diligence and escrow expenditures required to complete the proposed exchange of properties with the City. Authorize publication of required public notice pursuant to ARS 11-251 (44) for the proposed exchange of properties with the City. The County-owned surplus property is described as: Lot 1 and Lot 2, according to Book 431 of Maps, page 50, records of Maricopa County , Arizona . The proposed IGA will authorize Maricopa County (County) to convey approximately 41,818 square feet of excess County-owned real property located at 358 N. 5th Avenue (APN 111-41-179) to the City in exchange for approximately 56,000 square feet of City-owned real property consisting of Madison Street from First Avenue to Third Avenue (excluding the intersections at 1st Avenue and 3rd Avenue) plus $150,071 in cash. In addition, the IGA will grant the City a five-year option to exchange real property and cash consisting of Madison Street from 3rd Avenue to 5th Avenue plus approximately 60,197 s.f. of real property at 9th Avenue and Jackson in Phoenix (APN 112-05-132) plus $8,069,361 in cash to the County in exchange for approximately 171,844 square feet of County-owned excess real property located at 355 N. 5th Avenue in Phoenix (APN 111-41-178). In the event the City exercises its option right, the City will pay the County an additional option fee based upon when the option is exercised. The option fee will be $0 during the first option year, $25,000 if the option is exercised during the second option year, $75,000 if the option is exercised during the third option year, $150,000 if the option is exercised during the fourth option year and $250,000 if the option is exercised during the fifth option year. The County will have a simultaneous five-year no-cost option to purchase at the July 3, 2008 appraised values any of the proposed City-owned exchange properties ( Madison Street from 3rd to 4th Avenue and/or Madison Street from 4th to 5th Avenue and/or APN 112-05-132). (C-18-09-033-8-00)

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33. DECLARE AS SURPLUS AND AUTHORIZE THE REMOVAL OF THE IMPROVEMENTS AT 358 N. 5TH AVENUE Declare as “Surplus property of little or no value” the improvements at 358 N. 5th Avenue in Phoenix , Arizona and authorize the removal of the surplus property from the site. The County is required to clear the property at 358 N. 5th Avenue of improvements prior to the finalization of a land exchange previously authorized by the Board at Agenda Item C-18-09-033-8-00. The land exchange is scheduled to take place on or before May 31, 2009. County staff will review the various opportunities for efficient and expedient removal of the surplus property. On March 26, 2009, the Facilities Review Committee endorsed the declaration of the improvements as surplus and endorsed an expedient removal of the site improvements. (C-18-09-051-8-00)

Vote: approved

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61. REMOVE AND DISPOSE OF MISCELLANEOUS SURPLUS ITEMS Authorize Human Services Campus, LLC, an Arizona non-profit, to remove and dispose of miscellaneous surplus items from the County-owned real property at 355 N. 5th Avenue in Phoenix, AZ. On December 17, 2008, under agenda item C-18-09-033-8-00, the County Board of Supervisors declared the County-owned real property at 355 N. 5th Avenue in Phoenix as surplus. Certain personal property items at the subject site have been determined to be of little or no value. The non-profit Human Services Campus, LLC will remove, refurbish and/or reuse the surplus items at the Human Services Campus. The list of surplus items to be removed from the County’s property will be documented by the Department of Finance Real Estate Division and approved by the County Manager. (C-18-10-040-D-00)

Vote: approved

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49. AMENDMENT TO THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN In accordance with A.R.S. Section 42-17106(B), authorize the following amendment to the FY 2010-11 Budget and Five-Year Capital Improvement Plan: 1. Create a new project titled “Fifth Avenue Remediation” and increase the FY2010-11 expenditure appropriation in Non Departmental (470) General Fund County Improvement Fund (445) Fifth Avenue Remediation (FARP) in the amount of $295,000, which is the established project budget; 2. Decrease the FY2010-11 expenditure appropriation in Non-Departmental (470) General Fund County Improvement Fund (445) Project Reserve (PRSA) in the amount of $295,000 from $27,461,506 to $27,166,506. These actions will have a county-wide impact of zero. This action creates the project in the FY 2010-11 Capital Improvement Plan. This project is required to fulfill obligations that are part of an IGA with the City of Phoenix to exchange of a portion of the 5th Avenue property as authorized by Agenda Item C18-09-033-8-00 approved on December 17, 2008. Amendment 1 to the IGA (C-18-09-033-8-01) provides for the transfer of approximately 49,274 square feet of county-owned property at 5th Avenue and Fillmore to the City in return for approximately 60,197 square feet of City-owned land adjacent to the Human Services Campus at Jackson Street and 9th Avenue plus Madison Street from 3rd Avenue to 4th Avenue and Madison Street from 4th Avenue to 5th Avenue. This project will include the deconstruction of above grade improvements and the safe termination of utilities servicing the subject property. (C-91-11-105-2-00)

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36. AMENDMENT TO IGA WITH THE CITY OF PHOENIX Approve, and authorize the Chairman to execute, Amendment No. 1 to an Intergovernmental Agreement (IGA) between the City of Phoenix and Maricopa County for land exchange. Amendment No. 1 to the Intergovernmental Agreement (IGA) with the City of Phoenix (City) for a Land Exchange will provide for an intermediate land exchange between the parties. Maricopa County will convey approximately 49,274 square feet of land at Fillmore and 5th Avenue (a portion of APN#111-41-178) to the City in exchange for approximately 60,197 square feet of land at Jackson Street and 9th Avenue (APN#112-05-132), Madison Street from 3rd to 4th Avenues, and Madison Street from 4th to 5th Avenues. The term of the City’s option agreement to acquire the remaining Maricopa County-owned land will be extended for 5 years from the date of execution of Amendment No. 1. As part of Amendment No. 1, Maricopa County will provide a pedestrian easement along the south side of Madison Street between 4th and 5th Avenues. Title insurance, closing costs, required environmental reports, and recording fees are not to exceed $15,000 and will be funded from an existing line in the Non-Departmental Operating Budget. (C-18-09-033-8-01)

Vote — approved

Steve Gallardo	yes
Jack Sellers	abstain
Bill Gates	abstain
Clint Hickman	yes
Steve Chucri	yes

73.TERMINATION OF MOU AND IGA WITH CITY OF PHOENIX Approve Termination of Memorandum of Understanding and Intergovernmental Agreement between the City of Phoenix and Maricopa County (Termination) and authorize the Chairman to execute all documents associated with the Termination. This item is located in Supervisor District 5.The City of Phoenix and County entered into a Memorandum of Understanding (MOU), known as City Contract 124184 (C18-08-058-3-00), which was recorded on March 12, 2009 in the

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73. TERMINATION OF MOU AND IGA WITH CITY OF PHOENIX Approve Termination of Memorandum of Understanding and Intergovernmental Agreement between the City of Phoenix and Maricopa County (Termination) and authorize the Chairman to execute all documents associated with the Termination. This item is located in Supervisor District 5. The City of Phoenix and County entered into a Memorandum of Understanding (MOU), known as City Contract 124184 (C18-08-058-3-00), which was recorded on March 12, 2009 in the Office of the Maricopa County Recorder as Document No. 20090220674, for the purchase and sale of real property in downtown Phoenix. The purchase and sale transactions set forth in the MOU have been completed and this action will terminate the MOU upon full execution of the Termination. This item is associated with Agenda Item C-18-09-033-8-03 which includes information about the IGA and IGA amendments that are also being terminated. (C-18-08-058-3-01)

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