Item Text

36. SETTLEMENT BETWEEN MARICOPA COUNTY AND THE WISOTSKYS, ET AL Approve and authorize the Chairman to execute all documents associated with a settlement agreement and release ( the “Agreement”) between Maricopa County (“County”) and (i) Helen Wisotsky as sole trustee of the Wisotsky Bypass Trust Business Real Estate; (ii) Wisotsky Properties, LLC; (iii) Wisotsky/Mar Properties, LLC; (iv) 54/1 LLC; (v) Helen Wisotsky; and (vi) Malcolm Marr (“Wisotskys, et al.”) pertaining to Wisotsky v. Maricopa County No. CV 2010-023541 (Maricopa County Superior Court), a Notice of Claim dated 04/21/10 and a Notice of Claim dated 08/19/11. Also, pursuant to A.R.S. §42-17106B, transfer FY 2014 expenditure authority in the amount not-to-exceed $250,000 from Non Departmental (470) General Fund (100) Unreserved Contingency (4711) Non Recurring Non Project (0001) to a new line entitled “Property Acquisition” in Non Departmental (470) General Fund (100) Other Programs (4712) Non Recurring Non Project (0001). The purpose of the transfer is for any monetary payments necessary due to the equalizing the property values and for costs associated with processing the settlement. The Agreement directs the County and the Wisotskys, et al. to mutually exchange Wisotksy’s parcel APN 112-19-007 and County’s parcel APN 112-19-976B upon completion of fair market value appraisals of the fee simple interest by a neutral appraiser and free and clear of any liens, interests, licenses, claims, mortgages, deeds of trust, leases, unpaid taxes or other encumbrances. To equalize the values in the exchange, any monetary difference in appraised values of the two exchange parcels will be paid by the party owning the lower-valued parcel. This agenda item authorizes the County to pay any assessed equalization payment as part of the Agreement. A supplemental agenda item will be brought to the County Board of Supervisors for approval in the event a County equalization payment greater than $250,000 is required. In addition to joint releases and indemnifications under the Agreement, the pertinent entities comprising Wisotsky, et al shall execute and deliver a Joint Stipulated Notice of Voluntary Dismissal with Prejudice of Wisotsky v. Maricopa County CV 2010-023541. This item was presented in Executive Session on March 25, 2013. (C-18-13-043-S-00)