The Board of County Commissioners of Johnson County, acting in its capacity as the County Board of Equalization (“Board”) and the Sand Creek Entities (“Sand Creek Entities”) agree on this 20th day of December, 2010 as follows:
1. The “Sand Creek Entities” are defined on Exhibit A, the “Taxable Properties” are defined on Exhibit B and the “Appeals” are listed on Exhibit C.
2. The “Taxable Years” are 2008, 2009 and 2010.
3. The “Taxes” are defined as all ad valorem taxes, together with penalties and interest, assessed or to be assessed on the Taxable Properties for the Taxable Years.
4. The amount of the taxes is disputed by Sand Creek Entities in the Appeals.
5. The Sand Creek Entities and the Board agree that the taxes for all Taxable Properties and all Taxable Years shall be settled and compromised for a total of $61,000 (“Compromise Taxes”).
6. Previous payments have been made by the Sand Creek Entities on the taxes in the approximate amount of $11,000 which shall be credited against the Compromise Taxes resulting in “Net Compromise Taxes” due Johnson County of $50,000.
7. The Appeals shall be dismissed with prejudice, except for those claims asserted in Sand Creek Ranch Preservation Association, Inc. et. al. vs. Elsom et. al., Johnson County Civil Action No. 2009-58 challenging the constitutionality of Wyo. Stat. Ann. 39-13-103(x)(B)(II) which shall be dismissed without prejudice for future years.
8. Neither the Comporomise Taxes, nor the Appeals, nor the orders or decisions underlying the Appeals shall constitute binding precedent for future valuation, assessment or taxation of the Taxable Properties.
9. The Sand Creek Entities shall pay the Johnson County Treasurer the Net Compromise Taxes concurrently with filing of appropriate pleadings for dismissal of the Appeals.
10. The Sand Creek Entities, and all of its individuals, members, officers, directors and attorneys (“Sand Creek Parties”) and the Board, its members, attorneys, the Johnson County Assessor, Treasurer and Clerk and the Johnson County Attorney and Deputies (“Johnson County Parties”) shall mutually release and discharge each other from all claims of every kind whatsoever arising on or before the date of dismissal of the Appeals.
11. The Sand Creek Entities and Parties, and the Board and Johnson County Parties shall execute and deliver such pleadings, releases and documents necessary or appropriate to implement the terms, conditions and intent of this Settlement Agreement.
Signed by David F. Palmerlee, representing Johnson County Board of Equalization; and by Clint Langer, representing Sand Creek Entities.